TITLE 2—THE CONGRESS
Editorial Notes
CHAPTER 1—ELECTION OF SENATORS AND REPRESENTATIVES
§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, §1, 38 Stat. 384; June 5, 1934, ch. 390, §3, 48 Stat. 879.)
Editorial Notes
Amendments
1934—Act June 5, 1934, substituted "3d day of January" for "fourth day of March".
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."
Time for election of Senators, see Const. Art. I, §4, cl. 1.
Vacancies in the Senate, see Const. Amend. XVII.
§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. §18.)
Editorial Notes
Codification
R.S. §18 derived from act July 25, 1866, ch. 245, §3, 14 Stat. 244.
§1b. Countersignature of certificate of election
The certificate mentioned in section 1a of this title shall be countersigned by the secretary of state of the State.
(R.S. §19.)
Editorial Notes
Codification
R.S. §19 derived from act July 25, 1866, ch. 245, §3, 14 Stat. 244.
§2. Omitted
Editorial Notes
Codification
Section, act Aug. 8, 1911, ch. 5, §§1, 2, 37 Stat. 13, 14, fixed composition of House of Representatives at 435 Members, to be apportioned to the States therein enumerated. For provisions dealing with reapportionment of Representatives and manner of election, etc., see sections 2a and 2b of this title.
§2a. Reapportionment of Representatives; time and manner; existing decennial census figures as basis; statement by President; duty of clerk
(a) On the first day, or within one week thereafter, of the first regular session of the Eighty-second Congress and of each fifth Congress thereafter, the President shall transmit to the Congress a statement showing the whole number of persons in each State, excluding Indians not taxed, as ascertained under the seventeenth and each subsequent decennial census of the population, and the number of Representatives to which each State would be entitled under an apportionment of the then existing number of Representatives by the method known as the method of equal proportions, no State to receive less than one Member.
(b) Each State shall be entitled, in the Eighty-third Congress and in each Congress thereafter until the taking effect of a reapportionment under this section or subsequent statute, to the number of Representatives shown in the statement required by subsection (a) of this section, no State to receive less than one Member. It shall be the duty of the Clerk of the House of Representatives, within fifteen calendar days after the receipt of such statement, to send to the executive of each State a certificate of the number of Representatives to which such State is entitled under this section. In case of a vacancy in the office of Clerk, or of his absence or inability to discharge this duty, then such duty shall devolve upon the Sergeant at Arms of the House of Representatives.
(c) Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is entitled under such apportionment shall be elected in the following manner: (1) If there is no change in the number of Representatives, they shall be elected from the districts then prescribed by the law of such State, and if any of them are elected from the State at large they shall continue to be so elected; (2) if there is an increase in the number of Representatives, such additional Representative or Representatives shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; (3) if there is a decrease in the number of Representatives but the number of districts in such State is equal to such decreased number of Representatives, they shall be elected from the districts then prescribed by the law of such State; (4) if there is a decrease in the number of Representatives but the number of districts in such State is less than such number of Representatives, the number of Representatives by which such number of districts is exceeded shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; or (5) if there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, they shall be elected from the State at large.
(June 18, 1929, ch. 28, §22, 46 Stat. 26; Apr. 25, 1940, ch. 152, 54 Stat. 162; Nov. 15, 1941, ch. 470, §1, 55 Stat. 761; Pub. L. 104–186, title II, §201, Aug. 20, 1996, 110 Stat. 1724.)
Editorial Notes
Amendments
1996—Subsec. (b). Pub. L. 104–186 struck out at end "; and in case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or the absence or inability of both to act, such duty shall devolve upon the Doorkeeper of the House of Representatives".
1941—Act Nov. 15, 1941, provided for reapportionment based on seventeenth and subsequent decennial censuses.
1940—Act Apr. 25, 1940, provided for reapportionment based on sixteenth decennial census.
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report required by subsec. (a) of this section is listed on page 17), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
Constitutional Provisions
Apportionment of Representatives among the several States, see Const. Art. I, §2, cl. 3, and Amend. XIV, §2.
Temporary Increase in Membership
Representation of States of Alaska and Hawaii in House of Representatives as not affecting basis of apportionment established by this section, see section 9 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions, and section 8 of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48.
§2b. Number of Representatives from each State in 78th and subsequent Congresses
Each State shall be entitled, in the Seventy-eighth and in each Congress thereafter until the taking effect of a reapportionment under a subsequent statute or section 2a of this title, to the number of Representatives shown in the statement transmitted to the Congress on January 8, 1941, based upon the method known as the method of equal proportions, no State to receive less than one Member.
(Nov. 15, 1941, ch. 470, §2(a), 55 Stat. 762.)
Statutory Notes and Related Subsidiaries
Certificates to Executives of States
Act Nov. 15, 1941, ch. 470, §2(b), 55 Stat. 762, required Clerk of House of Representatives, within 15 days of Nov. 15, 1941, to send a new certificate of entitlement of a State to Representatives, if such a certificate had been sent prior to Nov. 15, 1941, under provisions of section 2a of this title.
§2c. Number of Congressional Districts; number of Representatives from each District
In each State entitled in the Ninety-first Congress or in any subsequent Congress thereafter to more than one Representative under an apportionment made pursuant to the provisions of section 2a(a) of this title, there shall be established by law a number of districts equal to the number of Representatives to which such State is so entitled, and Representatives shall be elected only from districts so established, no district to elect more than one Representative (except that a State which is entitled to more than one Representative and which has in all previous elections elected its Representatives at Large may elect its Representatives at Large to the Ninety-first Congress).
(Pub. L. 90–196, Dec. 14, 1967, 81 Stat. 581.)
§§3, 4. Omitted
Editorial Notes
Codification
Section 3, act Aug. 8, 1911, ch. 5, §3, 37 Stat. 14, which related to election by districts, expired by its own limitation on enactment of Reapportionment Act of June 18, 1929, ch. 28, §22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See Wood v. Broom, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131).
Section 4, act Aug. 8, 1911, ch. 5, §4, 37 Stat. 14, which related to additional Representatives at large, expired by its own limitation on enactment of Reapportionment Act of June 18, 1929, ch. 28, §22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See Wood v. Broom, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131).
§5. Nominations for Representatives at large
Candidates for Representative or Representatives to be elected at large in any State shall be nominated in the same manner as candidates for governor, unless otherwise provided by the laws of such State.
(Aug. 8, 1911, ch. 5, §5, 37 Stat. 14.)
§6. Reduction of representation
Should any State deny or abridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article 14, section 2, except for participation in the rebellion or other crime, the number of Representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State.
(R.S. §22.)
Editorial Notes
Codification
R.S. §22 derived from act Feb. 2, 1872, ch. 11, §6, 17 Stat. 29.
§7. Time of election
The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.
(R.S. §25; Mar. 3, 1875, ch. 130, §6, 18 Stat. 400; June 5, 1934, ch. 390, §2, 48 Stat. 879.)
Editorial Notes
Codification
R.S. §25 derived from act Feb. 2, 1872, ch. 11, §3, 17 Stat. 28.
The second sentence of this section, which was based on section 6 of the act Mar. 3, 1875 and made this section inapplicable to any State that had not yet changed its day of election and whose constitution required an amendment to change the day of election of its State officers, was omitted.
Amendments
1934—Act June 5, 1934, substituted "3d day of January" for "fourth day of March".
Constitutional Provisions
The first section of Amendment XX to the Constitution provides: "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."
Time for election of Representatives, see Const. Art. I, §4, cl. 1.
§8. Vacancies
(a) In general
Except as provided in subsection (b), the time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively.
(b) Special rules in extraordinary circumstances
(1) In general
In extraordinary circumstances, the executive authority of any State in which a vacancy exists in its representation in the House of Representatives shall issue a writ of election to fill such vacancy by special election.
(2) Timing of special election
A special election held under this subsection to fill a vacancy shall take place not later than 49 days after the Speaker of the House of Representatives announces that the vacancy exists, unless, during the 75-day period which begins on the date of the announcement of the vacancy—
(A) a regularly scheduled general election for the office involved is to be held; or
(B) another special election for the office involved is to be held, pursuant to a writ for a special election issued by the chief executive of the State prior to the date of the announcement of the vacancy.
(3) Nominations by parties
If a special election is to be held under this subsection, the determination of the candidates who will run in such election shall be made—
(A) by nominations made not later than 10 days after the Speaker announces that the vacancy exists by the political parties of the State that are authorized by State law to nominate candidates for the election; or
(B) by any other method the State considers appropriate, including holding primary elections, that will ensure that the State will hold the special election within the deadline required under paragraph (2).
(4) Extraordinary circumstances
(A) In general
In this subsection, "extraordinary circumstances" occur when the Speaker of the House of Representatives announces that vacancies in the representation from the States in the House exceed 100.
(B) Judicial review
If any action is brought for declaratory or injunctive relief to challenge an announcement made under subparagraph (A), the following rules shall apply:
(i) Not later than 2 days after the announcement, the action shall be filed in the United States District Court having jurisdiction in the district of the Member of the House of Representatives whose seat has been announced to be vacant and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28.
(ii) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives.
(iii) A final decision in the action shall be made within 3 days of the filing of such action and shall not be reviewable.
(iv) The executive authority of the State that contains the district of the Member of the House of Representatives whose seat has been announced to be vacant shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the announcement of such vacancy.
(5) Protecting ability of absent military and overseas voters to participate in special elections
(A) Deadline for transmittal of absentee ballots
In conducting a special election held under this subsection to fill a vacancy in its representation, the State shall ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots for the election are transmitted to absent uniformed services voters and overseas voters (as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act [52 U.S.C. 20301 et seq.]) not later than 15 days after the Speaker of the House of Representatives announces that the vacancy exists.
(B) Period for ballot transit time
Notwithstanding the deadlines referred to in paragraphs (2) and (3), in the case of an individual who is an absent uniformed services voter or an overseas voter (as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act), a State shall accept and process any otherwise valid ballot or other election material from the voter so long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits the ballot or other material to the voter.
(6) Application to District of Columbia and territories
This subsection shall apply—
(A) to a Delegate or Resident Commissioner to the Congress in the same manner as it applies to a Member of the House of Representatives; and
(B) to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands in the same manner as it applies to a State, except that a vacancy in the representation from any such jurisdiction in the House shall not be taken into account by the Speaker in determining whether vacancies in the representation from the States in the House exceed 100 for purposes of paragraph (4)(A).
(7) Rule of construction regarding Federal election laws
Nothing in this subsection may be construed to affect the application to special elections under this subsection of any Federal law governing the administration of elections for Federal office (including any law providing for the enforcement of any such law), including, but not limited to, the following:
(A) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.], as amended.
(B) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.) [now 52 U.S.C. 20101 et seq.], as amended.
(C) The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) [now 52 U.S.C. 20301 et seq.], as amended.
(D) The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) [now 52 U.S.C. 20501 et seq.], as amended.
(E) The Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), as amended.
(F) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as amended.
(G) The Help America Vote Act of 2002 (42 U.S.C. 15301 et seq.) [now 52 U.S.C. 20901 et seq.], as amended.
(R.S. §26; Pub. L. 109–55, title III, §301, Aug. 2, 2005, 119 Stat. 588.)
Editorial Notes
References in Text
The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. (b)(5), (7)(C), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which was formerly classified principally to subchapter I–G (§1973ff et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 203 (§20301 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables.
The Voting Rights Act of 1965, referred to in subsec. (b)(7)(A), is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437, which was formerly classified generally to subchapters I–A (§1973 et seq.), I–B (§1973aa et seq.), and I–C (§1973bb et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified generally to chapters 103 (§10301 et seq.), 105 (§10501 et seq.), and 107 (§10701 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables.
The Voting Accessibility for the Elderly and Handicapped Act, referred to in subsec. (b)(7)(B), is Pub. L. 98–435, Sept. 28, 1984, 98 Stat. 1678, which was formerly classified generally to subchapter I–F (§1973ee et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified generally to chapter 201 (§20101 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables.
The National Voter Registration Act of 1993, referred to in subsec. (b)(7)(D), is Pub. L. 103–31, May 20, 1993, 107 Stat. 77, which was formerly classified principally to subchapter I–H (§1973gg et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 205 (§20501 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables.
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(7)(E), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Rehabilitation Act of 1973, referred to in subsec. (b)(7)(F), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified generally to chapter 16 (§701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
The Help America Vote Act of 2002, referred to in subsec. (b)(7)(G), is Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, which was formerly classified principally to chapter 146 (§15301 et seq.) of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 209 (§20901 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables.
Codification
R.S. §26 derived from act Feb. 2, 1872, ch. 11, §4, 17 Stat. 28.
Amendments
2005—Pub. L. 109–55 designated existing provisions as subsec. (a), inserted heading, substituted "Except as provided in subsection (b), the time" for "The time", and added subsec. (b).
Constitutional Provisions
Vacancies in the House of Representatives, see Const. Art. I, §2, cl. 4.
§9. Voting for Representatives
All votes for Representatives in Congress must be by written or printed ballot, or voting machine the use of which has been duly authorized by the State law; and all votes received or recorded contrary to this section shall be of no effect.
(R.S. §27; Feb. 14, 1899, ch. 154, 30 Stat. 836.)
Editorial Notes
Codification
R.S. §27 derived from acts Feb. 28, 1871, ch. 99, §19, 16 Stat. 440, and May 30, 1872, ch. 239, 17 Stat. 192.
CHAPTER 2—ORGANIZATION OF CONGRESS
Statutory Notes and Related Subsidiaries
Change of Name and Transfer of Functions of Committees and Officers of House of Representatives
Pub. L. 104–14, June 3, 1995, 109 Stat. 186, provided that:
"SECTION 1. REFERENCES IN LAW TO COMMITTEES OF THE HOUSE OF REPRESENTATIVES.
"(a)
"(1) the Committee on Armed Services of the House of Representatives shall be treated as referring to the Committee on National Security of the House of Representatives [Committee on National Security of House of Representatives changed to Committee on Armed Services of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999];
"(2) the Committee on Banking, Finance and Urban Affairs of the House of Representatives shall be treated as referring to the Committee on Banking and Financial Services of the House of Representatives [Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001];
"(3) the Committee on Education and Labor of the House of Representatives shall be treated as referring to the Committee on Economic and Educational Opportunities of the House of Representatives [Committee on Economic and Educational Opportunities of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Fifth Congress, Jan. 7, 1997; Committee on Education and the Workforce of House of Representatives changed to Committee on Education and Labor of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007; Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011; Committee on Education and the Workforce of House of Representatives changed to Committee on Education and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019; Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023];
"(4) the Committee on Energy and Commerce of the House of Representatives shall be treated as referring to the Committee on Commerce of the House of Representatives [Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001];
"(5) the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives [Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007];
"(6) the Committee on Government Operations of the House of Representatives shall be treated as referring to the Committee on Government Reform and Oversight of the House of Representatives [Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999; Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007; Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019; Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023];
"(7) the Committee on House Administration of the House of Representatives shall be treated as referring to the Committee on House Oversight of the House of Representatives [Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999];
"(8) the Committee on Natural Resources of the House of Representatives shall be treated as referring to the Committee on Resources of the House of Representatives [Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007];
"(9) the Committee on Public Works and Transportation of the House of Representatives shall be treated as referring to the Committee on Transportation and Infrastructure of the House of Representatives; and
"(10) the Committee on Science, Space, and Technology of the House of Representatives shall be treated as referring to the Committee on Science of the House of Representatives [Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007; Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011].
"(b)
"(1) the Committee on District of Columbia of the House of Representatives shall be treated as referring to the Committee on Government Reform and Oversight [now Committee on Oversight and Accountability] of the House of Representatives;
"(2) the Committee on Post Office and Civil Service of the House of Representatives shall be treated as referring to the Committee on Government Reform and Oversight [now Committee on Oversight and Accountability] of the House of Representatives, except that a reference with respect to the House Commission on Congressional Mailings [probably should be "Mailing"] Standards (the 'Franking Commission') shall be treated as referring to the Committee on House Oversight [now Committee on House Administration] of the House of Representatives; and
"(3) the Committee on Merchant Marine and Fisheries of the House of Representatives shall be treated as referring to—
"(A) the Committee on Agriculture of the House of Representatives, in the case of a provision of law relating to inspection of seafood or seafood products;
"(B) the Committee on National Security [now Committee on Armed Services] of the House of Representatives, in the case of a provision of law relating to interoceanic canals, the Merchant Marine Academy and State Maritime Academies, or national security aspects of merchant marine;
"(C) the Committee on Resources [now Committee on Natural Resources] of the House of Representatives, in the case of a provision of law relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography;
"(D) the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives, in the case of a provision of law relating to marine research; and
"(E) the Committee on Transportation and Infrastructure of the House of Representatives, in the case of a provision of law relating to a matter other than a matter described in any of subparagraphs (A) through (D).
"(c)
"(1) the Committee on Energy and Commerce of the House of Representatives shall be treated as referring to—
"(A) the Committee on Agriculture of the House of Representatives, in the case of a provision of law relating to inspection of seafood or seafood products;
"(B) the Committee on Banking and Financial Services [now Committee on Financial Services] of the House of Representatives, in the case of a provision of law relating to bank capital markets activities generally or to depository institution securities activities generally; and
"(C) the Committee on Transportation and Infrastructure of the House of Representatives, in the case of a provision of law relating to railroads, railway labor, or railroad retirement and unemployment (except revenue measures related thereto); and
"(2) the Committee on Government Operations of the House of Representatives shall be treated as referring to the Committee on the Budget of the House of Representatives in the case of a provision of law relating to the establishment, extension, and enforcement of special controls over the Federal budget.
"SEC. 2. REFERENCES IN LAW TO OFFICERS OF THE HOUSE OF REPRESENTATIVES.
"Any reference in any provision of law enacted before January 4, 1995, to a function, duty, or authority—
"(1) of the Clerk of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight [now Committee on House Administration] of the House of Representatives;
"(2) of the Doorkeeper of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight [now Committee on House Administration] of the House of Representatives;
"(3) of the Postmaster of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight [now Committee on House Administration] of the House of Representatives; and
"(4) of the Director of Non-legislative and Financial Services of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight [now Committee on House Administration] of the House of Representatives."
§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. §28.)
Editorial Notes
Codification
R.S. §28 derived from act June 1, 1789, ch. 1, §2, 1 Stat. 23.
§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. §29.)
Editorial Notes
Codification
R.S. §29 derived from act June 1, 1789, ch. 1, §2, 1 Stat. 23.
§23. Presiding officer of Senate may administer oaths
The presiding officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or may be required by the Constitution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person, in respect to any matter within the jurisdiction of the Senate.
(Apr. 18, 1876, ch. 66, §1, 19 Stat. 34.)
§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, §2, 19 Stat. 34; Pub. L. 92–51, July 9, 1971, 85 Stat. 125.)
Statutory Notes and Related Subsidiaries
Change of Name
Assistant secretary of the Senate deemed successor in references to chief clerk of the Senate in all laws, rules, resolutions, and orders, effective July 1, 1971, under provisions of Pub. L. 92–51, July 9, 1971, 85 Stat. 125.
§25. Oath of Speaker, Members, and Delegates
At the first session of Congress after every general election of Representatives, the oath of office shall be administered by any Member of the House of Representatives to the Speaker; and by the Speaker to all the Members and Delegates present, and to the Clerk, previous to entering on any other business; and to the Members and Delegates who afterward appear, previous to their taking their seats.
The Clerk of the House of Representatives of the Eightieth and each succeeding Congress shall cause the oath of office to be printed, furnishing two copies to each Member and Delegate who has taken the oath of office in accordance with law, which shall be subscribed in person by the Member or Delegate, who shall thereupon deliver them to the Clerk, one to be filed in the records of the House of Representatives, and the other to be recorded in the Journal of the House and in the Congressional Record; and such signed copies, or certified copies thereof, or of either of such records thereof, shall be admissible in evidence in any court of the United States, and shall be held conclusive proof of the fact that the signer duly took the oath of office in accordance with law.
(R.S. §30; Feb. 18, 1948, ch. 53, 62 Stat. 20.)
Editorial Notes
Codification
R.S. §30 derived from act June 1, 1789, ch. 1, §2, 1 Stat. 23.
The last paragraph of this section, which permitted Members and Delegates of the House of Representatives of the Eightieth Congress to subscribe and deliver two signed copies of the printed oath of office at any time before the expiration of the Eightieth Congress, was omitted.
Amendments
1948—Act Feb. 18, 1948, added last two paragraphs to provide a way by which any Member of House of Representatives can establish by record evidence the fact that the Member took the oath of office and so became a Member.
§25a. Delegate to House of Representatives from District of Columbia
(a) The people of the District of Columbia shall be represented in the House of Representatives by a Delegate, to be known as the "Delegate to the House of Representatives from the District of Columbia", who shall be elected by the voters of the District of Columbia in accordance with the District of Columbia Election Act. The Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting, shall have all the privileges granted a Representative by section 6 of Article I of the Constitution, and shall be subject to the same restrictions and regulations as are imposed by law or rules on Representatives. The Delegate shall be elected to serve during each Congress.
(b) No individual may hold the office of Delegate to the House of Representatives from the District of Columbia unless on the date of his election—
(1) he is a qualified elector (as that term is defined in section 2(2) of the District of Columbia Election Act) of the District of Columbia;
(2) he is at least twenty-five years of age;
(3) he holds no other paid public office; and
(4) he has resided in the District of Columbia continuously since the beginning of the three-year period ending on such date.
He shall forfeit his office upon failure to maintain the qualifications required by this subsection.
(Pub. L. 91–405, title II, §202, Sept. 22, 1970, 84 Stat. 848.)
Editorial Notes
References in Text
The District of Columbia Election Act, referred to in subsecs. (a) and (b)(1), is act Aug. 12, 1955, ch. 862, 69 Stat. 699, which is not classified to the Code.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 91–405, title II, §206(b), Sept. 22, 1970, 84 Stat. 855, provided that: "This title and the amendments made by this title [enacting this section and section 25b of this title and amending section 2106 of Title 5, Government Organization and Employees, sections 4342, 6954, and 9342 of Title 10, Armed Forces, sections 201, 203, 204, 591, 594, and 595 of Title 18, Crimes and Criminal Procedure, and section 10307 of Title 52, Voting and Elections] shall take effect on the date of its enactment [Sept. 22, 1970]."
§25b. Repealed. Pub. L. 104–186, title II, §202(1), Aug. 20, 1996, 110 Stat. 1724
Section, Pub. L. 91–405, title II, §204(a), Sept. 22, 1970, 84 Stat. 852, related to application of certain Federal laws to Delegate to House of Representatives from District of Columbia.
§26. Roll of Representatives-elect
Before the first meeting of each Congress the Clerk of the next preceding House of Representatives shall make a roll of the Representatives-elect, and place thereon the names of those persons, and of such persons only, whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States. In case of a vacancy in the office of Clerk of the House of Representatives, or of the absence or inability of the Clerk to discharge the duties imposed on him by law or custom relative to the preparation of the roll of Representatives or the organization of the House, those duties shall devolve on the Sergeant at Arms of the next preceding House of Representatives.
(R.S. §§31–33; Pub. L. 104–186, title II, §202(2), Aug. 20, 1996, 110 Stat. 1724.)
Editorial Notes
Codification
R.S. §31 derived from acts Feb. 21, 1867, ch. 56, §1, 14 Stat. 397 and Mar. 3, 1863, ch. 108, 12 Stat. 804.
R.S. §§32 and 33 derived from act Feb. 21, 1867, ch. 56, §2, 14 Stat. 397.
R.S. §31 constitutes first sentence; R.S. §32 constitutes second sentence; and R.S. §33 constituted the third sentence, prior to repeal by Pub. L. 104–186. See 1996 Amendment note below.
Amendments
1996—Pub. L. 104–186 struck out third sentence which read as follows: "In case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or of the absence or inability of both to act, the duties of the Clerk relative to the preparation of the roll of the House of Representatives or the organization of the House shall be performed by the Doorkeeper of the next preceding House of Representatives." See Codification note above.
§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. §34.)
Editorial Notes
Codification
R.S. §34 derived from act Apr. 3, 1794, ch. 17, 1 Stat. 353.
§28. Parliamentary precedents of House of Representatives
(a) Periodic compilation; other useful materials; index digest; date of completion
The Parliamentarian of the House of Representatives, at the beginning of the fifth fiscal year following the completion and publication of the parliamentary precedents of the House authorized by the Legislative Branch Appropriation Act, 1966 (79 Stat. 270; Public Law 89–90), and at the beginning of each fifth fiscal year thereafter, shall commence the compilation and preparation for printing of the parliamentary precedents of the House of Representatives, together with such other materials as may be useful in connection therewith, and an index digest of such precedents and other materials. Each such compilation and preparation for printing of the parliamentary precedents of the House shall be completed by the close of the fiscal year immediately following the fiscal year in which such work is commenced.
(b) Form, number, and distribution of compilation
As so compiled and prepared, such precedents and other materials and index digest shall be printed on pages of such size, and in such type and format, as the Parliamentarian may determine and shall be printed in such numbers and for such distribution as may be provided by law enacted prior to printing.
(c) Appointment and compensation of personnel; utilization of services of personnel of Federal agencies
For the purpose of carrying out each such compilation and preparation, the Parliamentarian may—
(1) subject to the approval of the Speaker, appoint (as employees of the House of Representatives) clerical and other personnel and fix their respective rates of pay; and
(2) utilize the services of personnel of the Library of Congress and the Government Publishing Office.
(Pub. L. 91–510, title III, §331, Oct. 26, 1970, 84 Stat. 1186; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537.)
Editorial Notes
References in Text
The Legislative Branch Appropriation Act, 1966, referred to in subsec. (a), is Pub. L. 89–90, July 27, 1965, 79 Stat. 265. For complete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (c)(2) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Effective Date
Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
§28a. Compilation of the Precedents of House of Representatives; date of completion; biennial update; printing and availability of copies
The Speaker is authorized and directed to complete the Compilation of the Precedents of the House of Representatives by January 1, 1977, and prepare an updated compilation of such precedents every two years thereafter. Copies of the Compilation of Precedents shall be printed in sufficient quantity to be available to every Member and the standing committees of the House of Representatives.
(Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.)
Editorial Notes
Codification
Section is based on section 208 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 93–554 provided that the enactment of House Resolution No. 988, Ninety-third Congress, into permanent law is effective Jan. 2, 1975.
§28b. Printing and binding as public document of Precedents of House of Representatives; number of sets authorized
(a) There shall be printed and bound as a public document two thousand sets of the Precedents of the House of Representatives compiled and prepared by Lewis Deschler (hereinafter in sections 28b to 28e of this title referred to as the "Precedents") in accordance with the provisions of the Legislative Branch Appropriation Act, 1966 (Public Law 89–90; 79 Stat. 265).
(b) The number of sets authorized to be printed and bound by or pursuant to sections 28b to 28e of this title shall be in lieu of the usual number of copies for binding and distribution required by section 701 of title 44.
(Pub. L. 94–551, §1, Oct. 18, 1976, 90 Stat. 2537.)
Editorial Notes
References in Text
The Legislative Branch Appropriation Act, 1966, referred to in text, is Pub. L. 89–90, July 27, 1965, 79 Stat. 265. For complete classification of this Act to the Code, see Tables.
§28c. Distribution of Precedents by Director of the Government Publishing Office
(a) Delivery to Members of Ninety-fifth Congress; marking of volumes
The Director of the Government Publishing Office shall deliver one set of the Precedents to each Senator or Representative in, or Delegate or Resident Commissioner to, the Ninety-fifth Congress. The name of the Member to whom the set is delivered shall be legibly stamped on the front cover of each volume of the set.
(b) Members of Congress following Ninety-fifth Congress not already having sets of Precedents; necessity of written request to Superintendent of Documents for set
Each Senator or Representative in, or Delegate or Resident Commissioner to, each Congress following the Ninety-fifth Congress who has not theretofore received a set of the Precedents shall be entitled to receive one set of the Precedents, upon transmitting a written request for such set to the Superintendent of Documents.
(c) Additional distribution of sets
The Director of the Government Publishing Office shall make the following distribution of sets of the Precedents:
(1) to the office of the Vice President, to the office of the speaker of the House of Representatives, and to the office of the President pro tempore of the Senate, each, five sets;
(2) to the office of the majority leader of the House of Representatives and to the office of the minority leader of the House of Representatives, each, three sets;
(3) to the Parliamentarian of the House of Representatives, sixty sets;
(4) to the Parliamentarian of the Senate, five sets;
(5) to the Clerk of the House of Representatives and to the Sergeant at Arms of the House of Representatives, each 1 two sets;
(6) to the Secretary of the Senate and to the Sergeant at Arms of the Senate, each, two sets;
(7) to the superintendent of the House document room, two sets;
(8) to the superintendent of the Senate document room, two sets;
(9) to the Library of Congress, for international exchange and for official use in Washington, District of Columbia, one hundred and fifty sets;
(10) to the National Archives, three sets;
(11) to the government of the District of Columbia, twelve sets;
(12) to the Smithsonian Institute, two sets;
(13) to the library of each legislative branch of each State, territory, and possession of the United States, one set; and
(14) to the Superintendent of Documents, eight hundred and sixteen sets for distribution to the depository library system.
(Pub. L. 94–551, §2, Oct. 18, 1976, 90 Stat. 2537; Pub. L. 104–186, title II, §202(3), Aug. 20, 1996, 110 Stat. 1724; Pub. L. 113–235, div. H, title I, §1301(d), Dec. 16, 2014, 128 Stat. 2537.)
Editorial Notes
Amendments
1996—Subsec. (c)(2). Pub. L. 104–186, §202(3)(A), substituted "Representatives, each" for "Representives, each".
Subsec. (c)(5). Pub. L. 104–186, §202(3)(B), substituted "and to the Sergeant at Arms of the House of Representatives, each two sets" for ", to the Sergeant at Arms of the House of Representatives, and to the Doorkeeper of the House of Representatives, each, two sets".
Statutory Notes and Related Subsidiaries
Change of Name
"Director of the Government Publishing Office" substituted for "Public Printer" in subsecs. (a) and (c) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents. Substitution was also made in section catchline that had been supplied editorially.
1 So in original. Probably should be followed by a comma.
§28d. Distribution of Precedents by Director of the Government Publishing Office for official use; particular distribution; marking and ownership of sets
(a) The Director of the Government Publishing Office shall make the following distribution of sets of the Precedents;
(1) to each standing or joint committee of the Congress which is in existence on October 18, 1976, or which is established after October 18, 1976, four sets;
(2) to the office of the Legislative Counsel of the House of Representatives, five sets;
(3) to the office of the Legislative Counsel of the Senate, five sets;
(4) to the library of the House of Representatives, four sets;
(5) to the library of the Senate, two sets;
(6) to the library of the Supreme Court of the United States, nine sets;
(7) to the office of the Official Reporter of Debates of the House of Representatives, three sets; and
(8) to the office of the Official Reporter of Debates of the Senate, three sets.
(b) Each set of Precedents distributed by the Director of the Government Publishing Office under subsection (a) of this section shall be for official use. Each such set shall be legibly stamped on the front cover "Property of the United States Government." Each such set, upon delivery, shall become and remain the property of the United States, and may not be removed from the building in which is located the designated library or office, as the case may be.
(Pub. L. 94–551, §3, Oct. 18, 1976, 90 Stat. 2538; Pub. L. 113–235, div. H, title I, §1301(d), Dec. 16, 2014, 128 Stat. 2537.)
Statutory Notes and Related Subsidiaries
Change of Name
"Director of the Government Publishing Office" substituted for "Public Printer" in text on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents. Substitution was also made in section catchline that had been supplied editorially.
§28e. Distribution of Precedents by Joint Committee on Printing of surplus sets; additional printing, etc., of sets under authority of Joint Committee
(a) Any set of the Precedents printed and bound pursuant to subsection (a) of section 28b of this title, not needed to carry out the distributions required by sections 28b to 28e of this title, shall be distributed under the direction of the Joint Committee on Printing.
(b) The Joint Committee on Printing may from time to time authorize and direct that additional sets of the Precedents, be printed, bound, and distributed in such manner as the Joint Committee determines will best carry out the purposes of sections 28b to 28e of this title.
(Pub. L. 94–551, §4, Oct. 18, 1976, 90 Stat. 2538.)
§29. Condensed and simplified versions of House precedents; other useful materials in summary form; form and distribution to Members of Congress, Resident Commissioner from Puerto Rico, and others; appointment and compensation of personnel; utilization of services of personnel of Federal agencies
The Parliamentarian of the House of Representatives shall prepare, compile, and maintain on a current basis and in cumulative form, for each Congress commencing with the Ninety-third Congress a condensed and, insofar as practicable, up-to-date version of all of the parliamentary precedents of the House of Representatives which have current use and application in the House, together with informative text prepared by the Parliamentarian and other useful related material in summary form. The Parliamentarian shall have such matter printed for each Congress on pages of such size and in such type and format as he considers advisable to promote the usefulness of such matter to the Members of the House and shall provide a printed copy thereof to each Member in each Congress, including the Resident Commissioner from Puerto Rico, and may make such other distribution of such printed copies as he considers advisable. In carrying out this section, the Parliamentarian may appoint and fix the pay of personnel and utilize the services of personnel of the Library of Congress and the Government Publishing Office.
(Pub. L. 91–510, title III, §332, Oct. 26, 1970, 84 Stat. 1186; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537.)
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in text on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Effective Date
Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
§29a. Early organization of House of Representatives
(a) Caucus or conference for incumbent Members reelected to and Members-elect of ensuing Congress; time and procedure for calling
(1) The majority leader or minority leader of the House of Representatives after consultation with the Speaker may at any time during any even-numbered year call a caucus or conference of all incumbent Members of his or her political party who have been reelected to the ensuing Congress and all other Members-elect of such party, for the purpose of taking all steps necessary to achieve the prompt organization of the Members and Members-elect of such party for the ensuing Congress.
(2) If the majority leader or minority leader calls an organizational caucus or conference under paragraph (1), he or she shall file with the Clerk of the House a written notice designating the date upon which the caucus or conference is to convene. As soon as possible after the election of Members to the ensuing Congress, the Clerk shall furnish each Member-elect of the party involved with appropriate written notification of the caucus or conference.
(3) If a vacancy occurs in the office of majority leader or minority leader during any even-numbered year (and has not been filled), the chairman of the caucus or conference of the party involved for the current Congress may call an organizational caucus or conference under paragraph (1) by filing written notice thereof as provided by paragraph (2).
(b) Payment and reimbursement for travel and per diem expenses for Members attending caucus or conference; exceptions; regulations governing payments and reimbursements; reimbursement vouchers
(1)(A) Each Member-elect (other than an incumbent Member reelected to the ensuing Congress) who attends a caucus or conference called under subsection (a), and each incumbent Member reelected to the ensuing Congress who attends any such caucus or conference convening after the adjournment sine die of the Congress in the year involved, shall be paid for one round trip between his or her place of residence in the district which he or she represents and Washington, District of Columbia, for the purpose of attending such caucus or conference. Payment shall be made through the issuance of a transportation request form to each such Member-elect or incumbent Member by the Finance Office of the House before such caucus or conference.
(B) Each Member-elect (other than an incumbent Member reelected to the ensuing Congress) who attends a caucus or conference called under subsection (a) shall in addition be reimbursed on a per diem or other basis for expenses incurred in connection with his or her attendance at such caucus or conference.
(2) Payments and reimbursements to Members-elect under paragraph (1) shall be made as provided (with respect to Members) in the regulations prescribed by the Committee on House Oversight with respect to travel and other expenses of committees and Members. Reimbursements shall be paid on special voucher forms prescribed by the Committee on House Oversight.
(c) Availability of applicable accounts of House
The applicable accounts of the House of Representatives are made available to carry out the purposes of this section.
(d) Orientation programs for new Members
With the approval of the majority leader (in the case of a Member or Member-elect of the majority party) or the minority leader (in the case of a Member or Member-elect of the minority party), subsections (b) and (c) shall apply with respect to the attendance of a Member or Member-elect at a program conducted by the Committee on House Administration for the orientation of new members 1 in the same manner as such provisions apply to the attendance of the Member or Member-elect at the organizational caucus or conference.
(Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 104–186, title II, §202(4), Aug. 20, 1996, 110 Stat. 1725; Pub. L. 108–447, div. G, title I, §107(a), (b)(1), (c)(1), Dec. 8, 2004, 118 Stat. 3176.)
Editorial Notes
Codification
Section is based on section 202 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554.
Amendments
2004—Subsec. (a)(1). Pub. L. 108–447, §107(a), substituted "conference of all" for "conference, to begin on or after the first day of December and conclude on or before the twentieth day of December in such year and to be attended by all".
Subsec. (b)(1)(B). Pub. L. 108–447, §107(b)(1), substituted a period for "for a period not to exceed the shorter of the following—
"(i) the period beginning with the day before the designated date upon which such caucus or conference is to convene and ending with the day after the date of the final adjournment of such caucus or conference; or
"(ii) fourteen days."
Subsec. (d). Pub. L. 108–447, §107(c)(1), added subsec. (d).
1996—Subsec. (b)(2). Pub. L. 104–186, §202(4)(A), substituted "House Oversight" for "House Administration" in two places.
Subsec. (c). Pub. L. 104–186, §202(4)(B), substituted "applicable accounts of the House of Representatives are" for "contingent fund of the House is".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 2004 Amendment
Pub. L. 108–447, div. G, title I, §107(d), Dec. 8, 2004, 118 Stat. 3177, provided that: "The amendments made by this section [amending this section and section 5343 of this title] shall apply with respect to the One Hundred Tenth Congress and each succeeding Congress."
Effective Date
Pub. L. 93–554 provided that the enactment of House Resolution No. 988, Ninety-third Congress, into permanent law is effective Jan. 2, 1975.
1 So in original. Probably should be capitalized.
§§29b, 29c. Omitted
Editorial Notes
Codification
Section 29b, based on section 204 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law, effective Jan. 2, 1975, by Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777, established a Commission on Information and Facilities in House of Representatives to be composed of nine members of the House appointed by Speaker, required Speaker to appoint an Advisory Council to assist Commission in carrying out its functions, required Commission to conduct study of informational problems, facilities and space, and House legislative counsel requirements, provided for the scope of study of informational problems, and required Commission to make an annual progress report to Speaker, to complete study of House legislative counsel requirements by Jan. 1, 1976, and to submit a final report by Jan. 2, 1977.
Section 29c, based on clause 10, rule I, of the Rules of the House of Representatives as in effect before July 17, 1984, relating to the Office for the Bicentennial for the House of Representatives, established by House Resolution No. 621, Ninety-seventh Congress, Dec. 17, 1982, which was enacted into permanent law by Pub. L. 98–367, title I, §102, July 17, 1984, 98 Stat. 479, established in House of Representatives an Office for the Bicentennial of the House of Representatives to coordinate planning of commemoration of two-hundredth anniversary of House of Representatives and to be staffed by a professional historian appointed by Speaker without regard to political affiliation and solely on basis of fitness to perform duties of the position and to serve at pleasure of Speaker, and provided that the Office cease to exist not later than Sept. 30, 1989, unless otherwise provided by law or resolution. Office of the Historian of the House of Representatives was established by clause 10, rule I, of the Rules of the House of Representatives, as added on Jan. 3, 1989 (H. Res. 5, 101st Congress).
§29d. Transferred
Editorial Notes
Codification
Section 29d was editorially reclassified as section 4711 of this title.
§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, §1, 27 Stat. 553.)
Editorial Notes
Codification
Section was formerly classified to section 722 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
§30a. Jury duty exemption of elected officials of 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, §310, Nov. 5, 1990, 104 Stat. 2278.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 1991.
§30b. Notice of objecting to proceeding
(a) In general
The Majority and Minority Leaders of the Senate or their designees shall recognize a notice of intent of a Senator who is a member of their caucus to object to proceeding to a measure or matter only if the Senator—
(1) following the objection to a unanimous consent to proceeding to, and, or passage of, a measure or matter on their behalf, submits the notice of intent in writing to the appropriate leader or their designee; and
(2) not later than 6 session days after the submission under paragraph (1), submits for inclusion in the Congressional Record and in the applicable calendar section described in subsection (b) 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);
(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).
(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) 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, §512, Sept. 14, 2007, 121 Stat. 759.)
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 110–81, title V, §556, Sept. 14, 2007, 121 Stat. 774, provided that: "Except as otherwise provided in this title [enacting this section, sections 4722, 4723, 4726, 4727, and 4728 of this title, and provisions set out as notes under this section and section 4726 of this title], this title shall take effect on the date of enactment of this title [Sept. 14, 2007]."
Exercise of Rulemaking Powers
Pub. L. 110–81, title V, §555, Sept. 14, 2007, 121 Stat. 774, provided that: "The Senate adopts the provisions of this title [see Effective Date note above]—
"(1) as an exercise of the rulemaking power of the Senate; and
"(2) with full recognition of the constitutional right of the Senate to change those rules at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate."
CHAPTER 3—COMPENSATION AND ALLOWANCES OF MEMBERS
§31. Transferred
Editorial Notes
Codification
Section 31 was editorially reclassified as section 4501 of this title.
Prior Provisions
A prior section 31, acts Feb. 26, 1907, ch. 1635, §4, 34 Stat. 993; Mar. 4, 1925, ch. 549, §4, 43 Stat. 1301; May 17, 1932, ch. 190, 47 Stat. 158, related to compensation of Members of Congress, prior to enactment of act Aug. 2, 1946.
Statutory Notes and Related Subsidiaries
Appropriation of Funds for Compensation of Members of Congress and for Administrative Expenses at Levels Authorized by Law and Recommended by the President for Federal Employees
Pub. L. 97–51, §130(c), Oct. 1, 1981, 95 Stat. 966, which related to appropriation of funds for compensation of Members of Congress and for administrative expenses at levels authorized by law and recommended by the President for Federal employees, was editorially reclassified as section 4502 of this title.
Commission on Judicial and Congressional Salaries
Act Aug. 7, 1953, ch. 353, 67 Stat. 485, which established a Commission to determine appropriate rates of salaries for justices and judges of courts of United States and for Vice President, Speaker of House of Representatives, and Members of Congress, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 657.
§31–1. Repealed. Pub. L. 102–90, title I, §6(c), Aug. 14, 1991, 105 Stat. 451
Section, Pub. L. 98–63, title I, §908(a)–(c), July 30, 1983, 97 Stat. 337, 338; Pub. L. 99–190, §137, Dec. 19, 1985, 99 Stat. 1323; Pub. L. 101–194, title VI, §601(b)(2), title XI, §1101(b), Nov. 30, 1989, 103 Stat. 1762, 1782; Pub. L. 101–280, §7(b)(2)[(d)(2)], May 4, 1990, 104 Stat. 161, related to maximum amount of honoraria which could be accepted by Members of Congress.
Effective Date of Repeal
Pub. L. 102–90, title I, §6(f)(1), Aug. 14, 1991, 105 Stat. 451, provided that: "Except for the provisions of subsection (e)(1) [105 Stat. 451], the provisions of this section [see Tables for classification] shall take effect on the date of the enactment of this Act [Aug. 14, 1991]."
§31–2. Transferred
Editorial Notes
Codification
Section 31–2 was editorially reclassified as section 4725 of this title.
§31–3. Transferred
Editorial Notes
Codification
Section 31–3 was editorially reclassified as section 4726 of this title.
§31a. Repealed. Mar. 2, 1955, ch. 9, §4(b), 69 Stat. 11, eff. Mar. 1, 1955
Section, acts Aug. 2, 1946, ch. 753, title VI, §601(b), 60 Stat. 850; Oct. 20, 1951, ch. 521, title VI, §619(d), 65 Stat. 570, related to expense allowance for Senators, Representatives, Delegates, and Resident Commissioner.
§31a–1. Transferred
Editorial Notes
Codification
Section 31a–1 was editorially reclassified as section 6102 of this title.
§31a–2. Transferred
Editorial Notes
Codification
Section 31a–2 was editorially reclassified as section 6135 of this title.
§31a–2a. Transferred
Editorial Notes
Codification
Section 31a–2a was editorially reclassified as section 6136 of this title.
§31a–2b. Transferred
Editorial Notes
Codification
Section 31a–2b was editorially reclassified as section 6137 of this title.
§31a–2c. Transferred
Editorial Notes
Codification
Section 31a–2c was editorially reclassified as section 6138 of this title.
§31a–2d. Transferred
Editorial Notes
Codification
Section 31a–2d was editorially reclassified as section 6101 of this title.
§31a–3. Transferred
Editorial Notes
Codification
Section 31a–3 was editorially reclassified as section 6159 of this title.
§31a–4. Transferred
Editorial Notes
Codification
Section 31a–4 was editorially reclassified as section 6160 of this title.
§31b. Transferred
Editorial Notes
Codification
Section 31b was editorially reclassified as section 5121 of this title.
§31b–1. Transferred
Editorial Notes
Codification
Section 31b–1 was editorially reclassified as former section 5125 of this title.
§31b–2. Transferred
Editorial Notes
Codification
Section 31b–2 was editorially reclassified as former section 5126 of this title.
§31b–3. Repealed. Pub. L. 99–151, title I, §102(b), Nov. 13, 1985, 99 Stat. 797
Section, based on H. Res. No. 1238, §3, Dec. 23, 1970, enacted into permanent law by Pub. L. 91–665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93–532, §1(a), Dec. 22, 1974, 88 Stat. 1723, provided for reimbursement of former Speaker of House for telephone service charges for administration, etc., of matters pertaining to incumbency in office as Representative and Speaker.
§31b–4. Transferred
Editorial Notes
Codification
Section 31b–4 was editorially reclassified as former section 5127 of this title.
§31b–5. Transferred
Editorial Notes
Codification
Section 31b–5 was editorially reclassified as former section 5128 of this title.
§31b–6. Repealed. Pub. L. 99–151, title I, §102(b), Nov. 13, 1985, 99 Stat. 797
Section, based on H. Res. No. 1238, §6, Dec. 23, 1970, enacted into permanent law by Pub. L. 91–665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93–532, §1(a), Dec. 22, 1974, 88 Stat. 1723, provided for an allowance to the former Speaker of the House for stationery and other office supplies.
§31b–7. Transferred
Editorial Notes
Codification
Section 31b–7 was editorially reclassified as former section 5129 of this title.
§31c. Repealed. Pub. L. 97–51, §139(b)(2), Oct. 1, 1981, 95 Stat. 967
Section, acts July 9, 1952, ch. 598, 66 Stat. 467; Aug. 1, 1953, ch. 304, title I, 67 Stat. 322, provided that, for taxable years beginning after Dec. 31, 1953, the place of residence of a Member of Congress (including any Delegate and Resident Commissioner) within the State, congressional district, Territory, or possession which he represented in Congress would be considered his home for the purposes of tax provisions making deductible certain living expenses away from home, but that amounts expended by such Member within each taxable year for living expenses could not be deducted for income tax purposes in excess of $3,000.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable to taxable years beginning after Dec. 31, 1980, see section 139(b)(3) of Pub. L. 97–51, as amended, set out as an Effective Date of 1981 Amendment note under section 162 of Title 26, Internal Revenue Code.
§32. Transferred
Editorial Notes
Codification
Section 32 was editorially reclassified as section 6111 of this title.
§32a. Transferred
Editorial Notes
Codification
Section 32a was editorially reclassified as section 6112 of this title.
§32b. Transferred
Editorial Notes
Codification
Section 32b was editorially reclassified as section 6115 of this title.
§33. Transferred
Editorial Notes
Codification
Section 33 was editorially reclassified as section 6301 of this title.
Prior Provisions
A prior section 33, act Mar. 3, 1883, ch. 143, 22 Stat. 632, entitled Senators to receive their compensation monthly, from the beginning of their term, prior to repeal by section 112(b)(1) of Pub. L. 97–51.
§34. Transferred
Editorial Notes
Codification
Section 34 was editorially reclassified as section 5301 of this title.
§35. Transferred
Editorial Notes
Codification
Section 35 was editorially reclassified as section 5302 of this title.
§35a. Transferred
Editorial Notes
Codification
Section 35a was editorially reclassified as section 5303 of this title.
§36. Transferred
Editorial Notes
Codification
Section 36 was editorially reclassified as section 6302 of this title.
§36a. Transferred
Editorial Notes
Codification
Section 36a was editorially reclassified as section 4592 of this title.
§37. Transferred
Editorial Notes
Codification
Section 37 was editorially reclassified as section 5304 of this title.
§38. Repealed. Pub. L. 104–186, title II, §203(4), Aug. 20, 1996, 110 Stat. 1725
Section, R.S. §§49, 50; acts Jan. 20, 1874, ch. 11, 18 Stat. 4; Mar. 4, 1925, ch. 549, §4, 43 Stat. 1301, related to pay of Member dying after commencement of Congress. See section 5305 of this title.
§38a. Transferred
Editorial Notes
Codification
Section 38a was editorially reclassified as section 5305 of this title.
§38b. Omitted
Editorial Notes
Codification
Section, June 5, 1952, ch. 369, Ch. I, 66 Stat. 101; Pub. L. 104–186, title II, §203(6), Aug. 20, 1996, 110 Stat. 1725, was set out as both this section and section 125a of this title prior to section 125a being editorially reclassified as section 4506 of this title.
§39. Transferred
Editorial Notes
Codification
Section 39 was editorially reclassified as section 5306 of this title.
§40. Transferred
Editorial Notes
Codification
Section 40 was editorially reclassified as section 4522 of this title.
§40a. Transferred
Editorial Notes
Codification
Section 40a was editorially reclassified as section 4523 of this title.
§§41, 42. Repealed. Pub. L. 104–186, title II, §203(9)(A), (10), Aug. 20, 1996, 110 Stat. 1726
Section 41, R.S. §43, provided that no Member or Delegate was entitled to any allowance for newspapers.
Section 42, based on H. Res. No. 420, Ninety-second Congress, May 18, 1971, enacted into permanent law by Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 636, related to furnishing of postage stamps to Members, committees, and officers of House of Representatives.
A prior section 42, R.S. §44, which proscribed compensation or allowance to Senators, Representatives, or Delegates for postage, was repealed by Pub. L. 104–186, title II, §203(11), Aug. 20, 1996, 110 Stat. 1726. See sections 6116 and 6117 of this title.
Statutory Notes and Related Subsidiaries
Applicability of Prohibition During Ninety-fifth Congress
Section 302(c) of H. Res. No. 287, Ninety-fifth Congress, Mar. 2, 1977, enacted into permanent law by Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668, which provided that former section 41 of this title was to have no effect during the Ninety-fifth Congress, was repealed by Pub. L. 104–186, title II, §203(9)(B), Aug. 20, 1996, 110 Stat. 1726.
§42a. Transferred
Editorial Notes
Codification
Section 42a was editorially reclassified as section 6116 of this title.
Prior Provisions
A prior section 42a, acts July 1, 1941, ch. 268, 55 Stat. 450; June 26, 1944, ch. 277, title I, 58 Stat. 339; June 13, 1945, ch. 189, 59 Stat. 243; Oct. 11, 1951, ch. 485, 65 Stat. 391; July 2, 1954, ch. 455, title I, 68 Stat. 402; Aug. 5, 1955, ch. 568, 69 Stat. 503; June 27, 1956, ch. 453, 70 Stat. 359; July 31, 1958, Pub. L. 85–570, 72 Stat. 442; July 12, 1960, Pub. L. 86–628, 74 Stat. 449; Dec. 30, 1963, Pub. L. 88–248, 77 Stat. 805; July 27, 1965, Pub. L. 89–90, 79 Stat. 268; July 23, 1968, Pub. L. 90–417, 82 Stat. 400; Dec. 12, 1969, Pub. L. 91–145, 83 Stat. 342; July 9, 1971, Pub. L. 92–51, 85 Stat. 128; Oct. 31, 1972, Pub. L. 92–607, ch. V, §506(k)(1), formerly §506(h)(1), 86 Stat. 1508, redesignated §506(i)(1) by Pub. L. 95–391, title I, Sept. 30, 1978, 92 Stat. 773, redesignated §506(j)(1) by Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, and redesignated §506(k)(1) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided for an airmail and special-delivery postage allowance for President of the Senate, prior to repeal by section 127(a)(2) of Pub. L. 97–51.
§§42a–1, 42b. Omitted
Editorial Notes
Codification
Section 42a–1, act July 2, 1954, ch. 455, title I, 68 Stat. 402, prescribed airmail and special-delivery postage allowances for Speaker and House majority and minority leaders and whips, and was omitted from the Code as superseded by former section 42d of this title.
Section 42b, acts June 22, 1949, ch. 235, 63 Stat. 222; July 2, 1954, ch. 455, title I, 68 Stat. 402, prescribed airmail and special-delivery postage allowances for each House standing committee, and was omitted from the Code as superseded by former section 42c of this title.
§§42c, 42d. Repealed. Pub. L. 104–186, title II, §203(12), Aug. 20, 1996, 110 Stat. 1726
Section 42c, Pub. L. 85–778, §1, Aug. 27, 1958, 72 Stat. 934; H. Res. No. 532, Eighty-eighth Congress, Oct. 2, 1963, enacted into permanent law by Pub. L. 88–454, §103, Aug. 20, 1964, 78 Stat. 550; H. Res. No. 1003, Ninetieth Congress, Dec. 14, 1967, enacted into permanent law by Pub. L. 90–392, title I, July 9, 1968, 82 Stat. 318, related to airmail and special delivery stamps for House Members and standing committees.
Section 42d, Pub. L. 85–778, §2, Aug. 27, 1958, 72 Stat. 934; H. Res. No. 532, Eighty-eighth Congress, Oct. 2, 1963, enacted into permanent law by Pub. L. 88–454, §103, Aug. 20, 1964, 78 Stat. 550; H. Res. No. 1003, Ninetieth Congress, Dec. 14, 1967, enacted into permanent law by Pub. L. 90–392, title I, July 9, 1968, 82 Stat. 318, related to airmail and special delivery stamps for House Speaker, leaders, whips, and officers.
Statutory Notes and Related Subsidiaries
Existing Entitlements
Pub. L. 85–778, §§3, 4, Aug. 27, 1958, 72 Stat. 934, which provided that Members, committees, and officers of the House of Representatives retained their existing entitlements to airmail and special delivery postage stamps until June 30, 1959, and thereafter the airmail and special delivery stamps made available under former sections 42c and 42d of this title were to be in lieu of any made available under any other law, were repealed by Pub. L. 104–186, title II, §203(12), Aug. 20, 1996, 110 Stat. 1726.
§§43, 43a. Omitted
Editorial Notes
Codification
Section 43, acts July 28, 1866, ch. 296, §17, 14 Stat. 323; Aug. 11, 1993, Pub. L. 103–69, title III, §310(a), 107 Stat. 712, provided for Senators to receive mileage for travel to and from regular sessions, and was omitted from the Code in view of the termination of mileage under this section for Senators by section 1(a) of Pub. L. 104–53, set out below.
Section 43a, acts July 8, 1935, ch. 374, 49 Stat. 459; Aug. 11, 1993, Pub. L. 103–69, title III, §310(b), 107 Stat. 712, provided for President of Senate to be paid mileage, and was omitted from the Code in view of the termination of mileage under this section for President of Senate by section 1(b) of Pub. L. 104–53, set out below.
Statutory Notes and Related Subsidiaries
Termination of Mileage for Senators and President of Senate
Pub. L. 104–53, title I, §1, Nov. 19, 1995, 109 Stat. 517, provided that:
"(a) On and after October 1, 1995, no Senator shall receive mileage under section 17 of the Act of July 28, 1866 (2 U.S.C. 43).
"(b) On and after October 1, 1995, the President of the Senate shall not receive mileage under the first section of the Act of July 8, 1935 (2 U.S.C. 43a)."
§§43b, 43b–1. Repealed. Pub. L. 104–186, title II, §203(13), (14), Aug. 20, 1996, 110 Stat. 1726
Section 43b, Pub. L. 85–570, July 31, 1958, 72 Stat. 443; Pub. L. 86–176, Aug. 21, 1959, 73 Stat. 401; Pub. L. 88–70, July 19, 1963, 77 Stat. 82; Pub. L. 89–90, July 27, 1965, 79 Stat. 269; Pub. L. 89–147, §1, Aug. 28, 1965, 79 Stat. 583; Pub. L. 89–545, Aug. 27, 1966, 80 Stat. 358; Pub. L. 90–86, §1, Sept. 17, 1967, 81 Stat. 226; Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 343; Pub. L. 92–51, July 9, 1971, 85 Stat. 128; Pub. L. 92–607, ch. V, §§502, 506(k)(2), formerly §506(h)(2), Oct. 31, 1972, 86 Stat. 1504, 1508, renumbered §506(i)(2), Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(j)(2), Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, renumbered §506(k)(2), Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided for reimbursement of House Members for additional transportation expenses.
Section 43b-1, Pub. L. 89–147, §2, Aug. 28, 1965, 79 Stat. 583; Pub. L. 90–86, §2, Sept. 17, 1967, 81 Stat. 226, authorized election by House Members of lump sum transportation payments in lieu of reimbursement of transportation expenses.
§43b–2. Transferred
Editorial Notes
Codification
Section 43b–2 was editorially reclassified as section 5343 of this title.
§43b–3. Transferred
Editorial Notes
Codification
Section 43b–3 was editorially reclassified as section 5344 of this title.
§43c. Repealed. Pub. L. 89–147, §4, Aug. 28, 1965, 79 Stat. 584
Section, Pub. L. 86–628, §105(c), July 12, 1960, 74 Stat. 461, restricted payment of travel or subsistence expenses of Senators and Representatives to specifically authorized trips, official participation in funeral services of deceased Members, and official trips originating in Senator's State or Representative's district when Congress was not in session.
§43d. Transferred
Editorial Notes
Codification
Section 43d was editorially reclassified as section 6311 of this title.
§§44 to 46. Omitted
Editorial Notes
Codification
Section 44, act May 7, 1906, ch. 2083, §1, 34 Stat. 170, authorized a mileage allowance to Delegate from Alaska, and was omitted from the Code as obsolete because Alaska was admitted into the Union with membership of one Representative in Congress on Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1, 7 and 8 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.
Section 45, acts July 1, 1902, ch. 1369, §8, 32 Stat. 694; Aug. 29, 1916, ch. 416, §20, 39 Stat. 552, which authorized a mileage allowance to Resident Commissioners from Philippine Islands, and was formerly covered by section 1237 of Title 48, Territories and Insular Possessions, is no longer in force in view of the independence of the Philippine Islands effected by section 1394 of Title 22, Foreign Relations and Intercourse, and proclaimed by the President of the United States in Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, set out as note under section 1394 of Title 22. Act Aug. 29, 1916, ch. 416, §20, 39 Stat. 552, from which section 45 of this title was derived, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 643.
Section 46, acts Mar. 2, 1917, ch. 145, §36, 39 Stat. 963; May 17, 1932, ch. 190, 47 Stat. 158, allowed sum of $500 as mileage for each session to Resident Commissioner, and was omitted from the Code as superseded by former section 43b–1 of this title.
§46a. Transferred
Editorial Notes
Codification
Section 46a was editorially reclassified as section 6117 of this title.
§46a–1. Transferred
Editorial Notes
Codification
Section 46a–1 was editorially reclassified as section 6573 of this title.
§46a–2. Omitted
Editorial Notes
Codification
Section, Pub. L. 89–545, §101, Aug. 27, 1966, 80 Stat. 356, provided, effective fiscal year 1967 and thereafter, for stationery allowance of $3,000 per annum for Senators from States having population of 10 million or more inhabitants. See amendment by Pub. L. 90–21 to section 6117 of this title providing such an allowance to all Senators effective fiscal year 1967 and thereafter.
§46a–3. Repealed. Pub. L. 92–607, ch. V, §506(k)(4), formerly §506(h)(4), Oct. 31, 1972, 86 Stat. 1508, renumbered §506(i)(4), Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(j)(4), Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, renumbered §506(k)(4), Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189
Section, Pub. L. 90–417, §106, July 23, 1968, 82 Stat. 413, placed limits on the availability of the stationery allowance for Senators. See section 6314 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 92–607, ch. V, §506(k), formerly §506(h), Oct. 31, 1972, 86 Stat. 1507, as amended by Pub. L. 93–145, §101, Nov. 1, 1973, 87 Stat. 532, and renumbered §506(i) by Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(j) by Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, and renumbered §506(k) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided that, insofar as this section has application to Senators, the repeal is effective Jan. 1, 1973.
§46a–4. Omitted
Editorial Notes
Codification
Section, Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 342, made section 46a–3 of this title applicable to President of Senate, and was omitted from the Code in view of the repeal of section 46a–3.
§46b. Repealed. Pub. L. 104–186, title II, §203(16), Aug. 20, 1996, 110 Stat. 1727
Section, acts July 2, 1954, ch. 455, title I, 68 Stat. 402; July 12, 1960, Pub. L. 86–628, 74 Stat. 452; H. Res. No. 533, Eighty-eighth Congress, Oct. 2, 1963, enacted into permanent law by act Aug. 20, 1964, Pub. L. 88–454, §103, 78 Stat. 550; H. Res. No. 1029, Eighty-ninth Congress, Oct. 5, 1966; H. Res. No. 112, Ninetieth Congress, Mar. 8, 1967, enacted into permanent law by act May 29, 1967, Pub. L. 90–21, title I, 81 Stat. 38, related to stationery allowance for House Members.
Provisions similar to those in this section were contained in the following prior acts:
Aug. 1, 1953, ch. 304, title I, 67 Stat. 324.
July 9, 1952, ch. 598, 66 Stat. 469.
Oct. 11, 1951, ch. 486, 65 Stat. 394.
Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 600.
June 22, 1949, ch. 235, 63 Stat. 221.
June 14, 1948, ch. 467, 62 Stat. 428.
July 17, 1947, ch. 262, 61 Stat. 366.
June 16, 1939, ch. 208, 53 Stat. 830.
§46b–1. Transferred
Editorial Notes
Codification
Section 46b–1 was editorially reclassified as section 5534 of this title.
§46b–2. Repealed. Pub. L. 104–186, title II, §203(17), Aug. 20, 1996, 110 Stat. 1727
Section, act Feb. 27, 1956, ch. 73, 70 Stat. 31, provided for prorated stationery allowance for House Members.
§§46c, 46d. Repealed. Pub. L. 90–57, July 28, 1967, 81 Stat. 129
Section 46c, acts June 13, 1945, ch. 189, 59 Stat. 244; July 1, 1946, ch. 530, 60 Stat. 392; Aug. 2, 1946, ch. 753, title I, §102, 60 Stat. 814; Nov. 1, 1951, ch. 665, Ch. 1, 65 Stat. 760; Aug. 1, 1953, ch. 304, title I, 67 Stat. 321; June 27, 1956, ch. 453, 70 Stat. 360; Jan. 6, 1964, Pub. L. 88–258, title IV, 77 Stat. 863; July 27, 1965, Pub. L. 89–90, 79 Stat. 268; Aug. 27, 1966, Pub. L. 89–545, 80 Stat. 357, provided for payment of long-distance telephone calls for Senators and Vice President made to and from Washington, D.C. See section 6314 of this title.
Section 46d, acts June 13, 1945, ch. 189, 59 Stat. 244; July 1, 1946, ch. 530, 60 Stat. 392; Aug. 2, 1946, ch. 753, title I, §102, 60 Stat. 814; Aug. 1, 1953, ch. 304, title I, 67 Stat. 321; July 2, 1954, ch. 455, title I, 68 Stat. 400; July 31, 1958, Pub. L. 85–570, 72 Stat. 442; July 27, 1965, Pub. L. 89–90, 79 Stat. 268, provided for payment from contingent fund of Senate of long-distance telephone calls for Senators, originating and terminating outside Washington, D.C., and additional payments for calls to or from Washington, D.C. See section 6314 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 90–57 provided that the repeal is effective Jan. 1, 1968.
§46d–1. Transferred
Editorial Notes
Codification
Section 46d–1 was editorially reclassified as section 6118 of this title.
§46d–2. Repealed. Pub. L. 90–57, July 28, 1967, 81 Stat. 130
Section, Pub. L. 89–90, §101, July 27, 1965, 79 Stat. 268, provided for computation of long-distance telephone calls for Senators, wide area telephone service contracts, and effective date of changes. See section 6314 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 90–57 provided that the repeal is effective Jan. 1, 1968.
§46d–3. Repealed. Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 635
Section, Pub. L. 90–21, title I, May 29, 1967, 81 Stat. 38, made contingent fund of Senate available for reimbursement of each Senator of strictly official telephone service charges incurred outside District of Columbia up to $300 in each fiscal quarter. See section 6314 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 92–184 provided that the repeal is effective Jan. 1, 1972.
§46d–4. Repealed. Pub. L. 92–607, ch. V, §506(k)(5), formerly §506(h)(5), Oct. 31, 1972, 86 Stat. 1508, renumbered §506(i)(5), Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(j)(5), Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, renumbered §506(k)(5), Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189
Section, Pub. L. 90–57, July 28, 1967, 81 Stat. 130, authorized payment from contingent fund of Senate of charges for long distance telephone calls by Senators. See section 6314 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 92–607, ch. V, §506(k), formerly §506(h), Oct. 31, 1972, 86 Stat. 1507, renumbered §506(i) by Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(j) by Pub. L. 96–304 title I, §101, July 8, 1980, 94 Stat. 889, and renumbered §506(k) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the repeal is effective Jan. 1, 1973.
§46d–5. Repealed. Pub. L. 92–342, July 10, 1972, 86 Stat. 435
Section, Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 810, related to reimbursement to Senators and President of Senate of official telephone and telegraph communications charges incurred by them or on their behalf out of contingent fund of Senate up to a maximum of $150 per annum.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 92–342 provided that the repeal is effective July 1, 1972.
§46e. Repealed. Pub. L. 92–607, ch. V, §506(k)(6), formerly §506(h)(6), Oct. 31, 1972, 86 Stat. 1508, renumbered §506(i)(6), Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(j)(6), Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, renumbered §506(k)(6), Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189
Section, acts July 1, 1946, ch. 530, 60 Stat. 392; Aug. 2, 1946, ch. 753, title I, §102, 60 Stat. 814, authorized the payment of charges for telegrams by Senators. See section 6314 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 92–607, ch. V, §506(k), formerly §506(h), Oct. 31, 1972, 86 Stat. 1507, renumbered §506(i) by Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(j) by Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, and renumbered §506(k) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the repeal is effective Jan. 1, 1973.
§46f. Repealed. Pub. L. 104–186, title II, §203(18)(A), Aug. 20, 1996, 110 Stat. 1727
Section, acts June 23, 1949, ch. 238, §1, 63 Stat. 264; May 29, 1951, ch. 117, §1, 65 Stat. 47; Mar. 10, 1953, ch. 6, §1, 67 Stat. 5; Feb. 27, 1956, ch. 74, §1, 70 Stat. 31; Sept. 21, 1959, Pub. L. 86–340, §1, 73 Stat. 605, related to telephone, telegraph, and radiotelegraph allowances for Representatives, Delegates, and Resident Commissioner.
§46f–1. Repealed. Feb. 27, 1956, ch. 74, §2(b), 70 Stat. 32
Section, act July 2, 1954, ch. 455, title I, 68 Stat. 402, fixed maximum minute allowance on long distance telephone calls of House Members, Delegates, and Resident Commissioner.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Act Feb. 27, 1956, ch. 74, §3, 70 Stat. 32, provided that: "The amendments made by this Act [amending sections 46f and 46g of this title and repealing this section] shall take effect as of noon on January 3, 1956."
§§46g, 46g–1. Repealed. Pub. L. 104–186, title II, §203(18)(B), (19), Aug. 20, 1996, 110 Stat. 1727, 1728
Section 46g, acts June 23, 1949, ch. 238, §2, 63 Stat. 265; May 29, 1951, ch. 117, §1, 65 Stat. 47; July 8, 1952, ch. 590, §1, 66 Stat. 443; Mar. 10, 1953, ch. 6, §1, 67 Stat. 5; Feb. 27, 1956, ch. 74, §2(a), (c), 70 Stat. 32; Sept. 4, 1957, Pub. L. 85–289, §1, 71 Stat. 614; Sept. 21, 1959, Pub. L. 86–340, §2, 73 Stat. 605; H. Res. No. 735, Eighty-seventh Congress, July 25, 1962, enacted into permanent law by act Dec. 30, 1963, Pub. L. 88–248, §103, 77 Stat. 817; H. Res. No. 531, Eighty-eighth Congress, Oct. 2, 1963, enacted into permanent law by act Aug. 20, 1964, Pub. L. 88–454, §103, 78 Stat. 550; Aug. 21, 1965, Pub. L. 89–131, §1, 79 Stat. 544; H. Res. No. 901, Eighty-ninth Congress, July 29, 1966, enacted into permanent law by act Oct. 27, 1966, Pub. L. 89–697, ch. VI, 80 Stat. 1064, related to telephone, telegraph, and radiotelegraph allowances for House Members.
Section 46g–1, based on H. Res. No. 418, §1, Ninety-second Congress, May 18, 1971, enacted into permanent law by Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 636, related to telephone allowances for House Members for strictly official telephone service.
A prior section 46g-1, based on H. Res. No. 161, Ninetieth Congress, May 11, 1967, enacted into permanent law by Pub. L. 90–392, title I, July 9, 1968, 82 Stat. 318, was repealed by H. Res. No. 418, §3, Ninety-second Congress, May 18, 1971, enacted into permanent law by Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 636, effective Dec. 15, 1971.
§46h. Repealed. May 29, 1951, ch. 117, §2, 65 Stat. 47, eff. July 1, 1951
Section, act June 23, 1949, ch. 238, §3, 63 Stat. 265, related to limitation on charging telegrams to official business of the House.
§46i. Repealed. Pub. L. 104–186, title II, §203(18)(C), Aug. 20, 1996, 110 Stat. 1728
Section, acts June 23, 1949, ch. 238, §6, 63 Stat. 265; May 29, 1951, ch. 117, §3, 65 Stat. 47, defined terms used in former section 46g of this title.
§47. Transferred
Editorial Notes
Codification
Section 47 was editorially reclassified as section 4521 of this title.
§48. Transferred
Editorial Notes
Codification
Section 48 was editorially reclassified as section 5307 of this title.
§49. Transferred
Editorial Notes
Codification
Section 49 was editorially reclassified as section 5310 of this title.
§50. Transferred
Editorial Notes
Codification
Section 50 was editorially reclassified as section 5308 of this title.
§51. Transferred
Editorial Notes
Codification
Section 51 was editorially reclassified as section 4110 of this title.
§§52, 53. Repealed. Pub. L. 92–607, ch. V, §506(k)(7), formerly §506(h)(7), Oct. 31, 1972, 86 Stat. 1508, redesignated §506(i)(7), Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, redesignated §506(j)(7), Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, redesignated §506(k)(7), Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189
Section 52, Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 634, provided for office space for Senators in their home states. See section 6314 of this title.
Similar provisions were contained in the following prior appropriations acts:
June 27, 1956, ch. 453, 70 Stat. 359, as amended Pub. L. 89–211, §1(b), Sept. 29, 1965, 79 Stat. 857.
Aug. 5, 1955, ch. 568, 69 Stat. 504.
July 2, 1954, ch. 455, title I, 68 Stat. 399.
Aug. 1, 1953, ch. 304, title I, 67 Stat. 321.
July 9, 1952, ch. 598, 66 Stat. 466.
Oct. 11, 1951, ch. 485, 65 Stat. 391.
Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 597.
June 22, 1949, ch. 235, 63 Stat. 219.
June 14, 1948, ch. 467, 62 Stat. 425.
Section 53, Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 634, provided for payment of office expenses of Senators in their home states. See section 6314 of this title.
Similar provisions were contained in the following prior appropriations acts:
June 27, 1956, ch. 453, 70 Stat. 359, as amended Pub. L. 89–90, July 27, 1965, 79 Stat. 269; Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 343.
Aug. 5, 1955, ch. 568, 69 Stat. 504.
July 2, 1954, ch. 455, title I, 68 Stat. 399.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 92–607, ch. V, §506(k), formerly §506(h), Oct. 31, 1972, 86 Stat. 1507, redesignated §506(i) by Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, redesignated §506(j) by Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, and redesignated §506(k) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the repeal is effective Jan. 1, 1973.
§54. Transferred
Editorial Notes
Codification
Section 54 was editorially reclassified as section 5345 of this title.
Prior Provisions
A prior section 54, based on H. Res. No. 506, Ninetieth Congress, Aug. 21, 1967, enacted into permanent law by Pub. L. 90–392, title I, July 9, 1968, 82 Stat. 318, related to procurement for House Members of sets of United States Code Annotated or Federal Code Annotated, prior to repeal by Pub. L. 104–186, title I, §107(d), Aug. 20, 1996, 110 Stat. 1723.
§55. Transferred
Editorial Notes
Codification
Section 55 was editorially reclassified as section 6316 of this title.
§56. Repealed. Pub. L. 104–186, title II, §203(20)(A), Aug. 20, 1996, 110 Stat. 1728
Section, based on H. Res. No. 418, §2, Ninety-second Congress, May 18, 1971, enacted into permanent law by Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 636, related to office expenses within District of Columbia of Delegate from District of Columbia.
Statutory Notes and Related Subsidiaries
Reimbursement of Expenses of House Members; Member of House of Representatives and Member Defined
Section 302(a), (b), and (d) of H. Res. No. 287, Ninety-fifth Congress, Mar. 2, 1977, enacted into permanent law by Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668, which related to reimbursement to Members of House of Representatives for official expenses incurred in the United States, was repealed by Pub. L. 104–186, title II, §203(20)(B), Aug. 20, 1996, 110 Stat. 1728.
§57. Transferred
Editorial Notes
Codification
Section 57 was editorially reclassified as section 4313 of this title.
§57a. Transferred
Editorial Notes
Codification
Section 57a was editorially reclassified as section 4314 of this title.
§57b. Transferred
Editorial Notes
Codification
Section 57b was editorially reclassified as section 5341 of this title.
Prior Provisions
A prior section 57b, Pub. L. 104–53, title III, §314, Nov. 19, 1995, 109 Stat. 538, provided that, effective Sept. 1, 1995, Committee on House Oversight of House of Representatives had authority to combine House of Representatives Clerk Hire Allowance, Official Expenses Allowance, and Official Mail Allowance into single allowance, to be known as the "Members' Representational Allowance" and to prescribe regulations relating to allocations, expenditures, and other matters with respect to Members' Representational Allowance.
§58. Transferred
Editorial Notes
Codification
Section 58 was editorially reclassified as section 6314 of this title.
§58a. Transferred
Editorial Notes
Codification
Section 58a was editorially reclassified as section 6315 of this title.
Prior Provisions
A prior section 58a, Pub. L. 95–94, title I, §112(g), Aug. 5, 1977, 91 Stat. 665, directed Sergeant at Arms and Doorkeeper of Senate to furnish not more than two WATS lines to any Senator requesting them, with the cost of such service to be paid out of contingent fund of Senate, prior to repeal by section 1205(b) of Pub. L. 98–181, effective first day of first calendar month which begins more than thirty days after Nov. 30, 1983.
§58a–1. Transferred
Editorial Notes
Codification
Section 58a–1 was editorially reclassified as section 6621 of this title.
§58a–2. Transferred
Editorial Notes
Codification
Section 58a–2 was editorially reclassified as section 6622 of this title.
§58a–3. Transferred
Editorial Notes
Codification
Section 58a–3 was editorially reclassified as section 6623 of this title.
§58a–4. Transferred
Editorial Notes
Codification
Section 58a–4 was editorially reclassified as section 6624 of this title.
§58b. Repealed. Pub. L. 100–137, §2, Oct. 21, 1987, 101 Stat. 819
Section, Pub. L. 97–12, title I, §110, June 5, 1981, 95 Stat. 62; Pub. L. 97–51, §125, Oct. 1, 1981, 95 Stat. 965; Pub. L. 98–367, title I, §11(a), July 17, 1984, 98 Stat. 476; Pub. L. 99–349, title I, §2(a), (b), July 2, 1986, 100 Stat. 741, 742, provided for transfer to a Senator's Official Office Expense Account of that Senator's clerk hire allowance funds remaining at end of fiscal year. See section 6313 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 100–137, §2, Oct. 21, 1987, 101 Stat. 819, provided that the repeal is effective Jan. 1, 1988.
§58c. Transferred
Editorial Notes
Codification
Section 58c was editorially reclassified as section 6313 of this title.
§58c–1. Repealed. Pub. L. 105–55, title I, §3(c)(1), Oct. 7, 1997, 111 Stat. 1180
Section, Pub. L. 101–520, title I, §12, Nov. 5, 1990, 104 Stat. 2260; Pub. L. 102–392, title III, §313, Oct. 6, 1992, 106 Stat. 1723; Pub. L. 103–69, title I, §3, Aug. 11, 1993, 107 Stat. 695, related to transfer of funds by Members of Senate from Senate Official Mail Costs Account to Senators' Official Personnel and Office Expense Account.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 105–55, title I, §3(c)(2), Oct. 7, 1997, 111 Stat. 1180, provided that: "The amendment made by paragraph (1) [repealing this section] shall be effective on and after October 1, 1997."
§59. Transferred
Editorial Notes
Codification
Section 59 was editorially reclassified as section 6317 of this title.
§59–1. Transferred
Editorial Notes
Codification
Section 59–1 was editorially reclassified as section 6318 of this title.
§59a. Repealed. Pub. L. 101–163, title I, §103(b), Nov. 21, 1989, 103 Stat. 1050
Section, Pub. L. 93–462, §1, Oct. 20, 1974, 88 Stat. 1388, related to purchase of office equipment or furnishings by House Members.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1989, see section 103(c) of Pub. L. 101–163, set out as an Effective Date of 1989 Amendment note under section 5540 of this title.
§59b. Transferred
Editorial Notes
Codification
Section 59b was editorially reclassified as section 6320 of this title.
§59c. Transferred
Editorial Notes
Codification
Section, Pub. L. 95–94, title I, §103, Aug. 5, 1977, 91 Stat. 660; Pub. L. 97–51, §118, Oct. 1, 1981, 95 Stat. 964, which related to disposal of used or surplus furniture and equipment by Sergeant at Arms and Doorkeeper of Senate, and procedure with respect to deposit of receipts from sale of such furniture and equipment, was transferred to section 117b of this title, which was then editorially reclassified as section 6630 of this title.
§59d. Transferred
Editorial Notes
Codification
Section 59d was editorially reclassified as section 5346 of this title.
§59d–1. Transferred
Editorial Notes
Codification
Section 59d–1 was editorially reclassified as section 6319 of this title.
§59e. Transferred
Editorial Notes
Codification
Section 59e was editorially reclassified as section 503 of this title.
§59f. Transferred
Editorial Notes
Codification
Section 59f was editorially reclassified as section 504 of this title.
§59g. Transferred
Editorial Notes
Codification
Section 59g was editorially reclassified as section 505 of this title.
§59h. Transferred
Editorial Notes
Codification
Section 59h was editorially reclassified as section 506 of this title.
CHAPTER 4—OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES
§60. Repealed. June 20, 1929, ch. 33, §6, 46 Stat. 39
Section, acts May 24, 1924, ch. 183, §1, 43 Stat. 146; May 29, 1928, ch. 853, §1, 45 Stat. 885, related to rates of pay for various officers and employees of Government.
§60–1. Transferred
Editorial Notes
Codification
Section 60–1 was editorially reclassified as section 4101 of this title.
Statutory Notes and Related Subsidiaries
Reduction in Number of Employee Positions; Reports
Pub. L. 103–69, title III, §307, Aug. 11, 1993, 107 Stat. 710, as amended by Pub. L. 103–283, title III, §305, July 22, 1994, 108 Stat. 1441; Pub. L. 104–316, title I, §102(a), Oct. 19, 1996, 110 Stat. 3827, provided for reduction in number of employee positions on full-time equivalent basis, other than those supported by gift and trust funds, for each entity of legislative branch with more than 100 employee positions, on full-time equivalent basis, as of Sept. 30, 1992, by at least 4 percent from level as of such date, provided that such reduction was to be completed not later than Sept. 30, 1995, with at least 62.5 percent of reduction for each entity to be achieved by Sept. 30, 1994, and defined "entity of legislative branch".
§60–2. Transferred
Editorial Notes
Codification
Section 60–2 was editorially reclassified as section 4724 of this title.
§60a. Omitted
Editorial Notes
Codification
Present provisions relating to personnel and compensation of Congressional officers and employees may be found elsewhere in this chapter and in Acts and Resolutions cited in notes hereunder. Section was based on the following acts:
1949—Jan. 19, 1949, ch. 2, §1(d), (f), 63 Stat. 4.
May 24, 1949, ch. 138, title I, 63 Stat. 76.
Oct. 10, 1949, ch. 662, title I, 63 Stat. 738.
Oct. 14, 1949, ch. 694, title I, 63 Stat. 869.
1948—June 14, 1948, ch. 467, §§101, 105, 62 Stat. 423, 437.
June 25, 1948, ch. 658, title I, 62 Stat. 1027.
1947—Jan. 31, 1947, ch. 1, 61 Stat. 1.
Feb. 19, 1947, ch. 3, 61 Stat. 4.
July 17, 1947, ch. 262, §§101, 105, 61 Stat. 361, 377.
July 30, 1947, ch. 361, 61 Stat. 610.
July 31, 1947, ch. 414, 61 Stat. 695.
1946—July 1, 1946, ch. 530, §§101, 105, 60 Stat. 387, 407.
July 23, 1946, ch. 591, title I, 60 Stat. 600.
Aug. 2, 1946, ch. 753, title II, §201(a), 60 Stat. 834.
Aug. 8, 1946, ch. 870, title I, 60 Stat. 910.
1945—Apr. 25, 1945, ch. 95, title I, 59 Stat. 77.
June 13, 1945, ch. 189, §§101, 105, 59 Stat. 238, 259.
July 5, 1945, ch. 271, title I, 59 Stat. 412.
Dec. 28, 1945, ch. 589, title I, 59 Stat. 632.
1944—June 26, 1944, ch. 277, title I, §§101, 104, 58 Stat. 334, 354.
June 28, 1944, ch. 304, title I, 58 Stat. 597.
Dec. 22, 1944, ch. 660, title I, 58 Stat. 853.
1943—June 28, 1943, ch. 173, title I, §§101, 104, 57 Stat. 220, 239.
1942—June 8, 1942, ch. 396, §§1, 4, 56 Stat. 330, 349.
1941—Mar. 1, 1941, ch. 9, 55 Stat. 14.
July 1, 1941, ch. 268, §§1, 4, 55 Stat. 446, 465.
1940—June 18, 1940, ch. 396, §§1, 4, 54 Stat. 462, 480.
Oct. 9, 1940, ch. 780, title I, 54 Stat. 1030.
1939—June 16, 1939, ch. 208, §§1, 4, 53 Stat. 822, 839.
July 25, 1939, ch. 352, §2, 53 Stat. 1080.
1938—May 17, 1938, ch. 236, §§1, 4, 52 Stat. 381, 398.
June 25, 1938, ch. 681, 52 Stat. 1114.
1937—May 18, 1937, ch. 223, 50 Stat. 169.
1934—May 30, 1934, ch. 372, 48 Stat. 817.
1933—Feb. 28, 1933, ch. 134, 47 Stat. 1350.
1929—June 20, 1929, ch. 33, 46 Stat. 32.
In addition to these acts the following House Resolutions affected the salary of certain employees and were made permanent law by section 105 of act July 17, 1947, ch. 262, 61 Stat. 377: House Resolutions 628, 691, and 693 of the Seventy-ninth Congress and House Resolutions 42, 54, 74, 78, 96, 113, and 183 [which related to Office of Coordinator of Information of the House and which was repealed by Pub. L. 91–510, title III, §322, Oct. 26, 1970, 84 Stat. 1185] of the Eightieth Congress. House Resolutions 281 and 336 of the Eightieth Congress were made permanent law by act June 14, 1948, ch. 467, §105, 62 Stat. 437. House Resolutions No. 653 of the Eightieth Congress, and 6, 39, 45, 62, 84, 103, 172, and 188 of the 81st Congress were made permanent law by act June 22, 1949, ch. 235, §105, 63 Stat. 230.
Statutory Notes and Related Subsidiaries
Legislative Branch Appropriation Acts
The following acts have provided for funds for the operation of Congress:
Pub. L. 118–47, div. E, title I, Mar. 23, 2024, 138 Stat. 709.
Pub. L. 117–328, div. I, title I, Dec. 29, 2022, 136 Stat. 4913.
Pub. L. 117–103, div. I, title I, Mar. 15, 2022, 136 Stat. 502.
Pub. L. 116–260, div. I, title I, Dec. 27, 2020, 134 Stat. 1628.
Pub. L. 116–94, div. E, title I, Dec. 20, 2019, 133 Stat. 2753.
Pub. L. 115–244, div. B, title I, Sept. 21, 2018, 132 Stat. 2923.
Pub. L. 115–141, div. I, title I, Mar. 23, 2018, 132 Stat. 769.
Pub. L. 115–31, div. I, title I, May 5, 2017, 131 Stat. 568.
Pub. L. 114–113, div. I, title I, Dec. 18, 2015, 129 Stat. 2654.
Pub. L. 113–235, div. H, title I, Dec. 16, 2014, 128 Stat. 2523.
Pub. L. 113–76, div. I, title I, Jan. 17, 2014, 128 Stat. 417.
Pub. L. 112–74, div. G, title I, Dec. 23, 2011, 125 Stat. 1116.
Pub. L. 111–68, div. A, title I, Oct. 1, 2009, 123 Stat. 2023.
Pub. L. 111–8, div. G, title I, Mar. 11, 2009, 123 Stat. 812.
Pub. L. 110–161, div. H, title I, Dec. 26, 2007, 121 Stat. 2218.
Pub. L. 109–55, title I, Aug. 2, 2005, 119 Stat. 565.
Pub. L. 108–447, div. G, title I, Dec. 8, 2004, 118 Stat. 3166.
Pub. L. 108–83, title I, Sept. 30, 2003, 117 Stat. 1007.
Pub. L. 108–7, div. H, title I, Feb. 20, 2003, 117 Stat. 346.
Pub. L. 107–68, title I, Nov. 12, 2001, 115 Stat. 560.
Pub. L. 106–554, §1(a)(2) [title I], Dec. 21, 2000, 114 Stat. 2763, 2763A-93.
Pub. L. 106–57, title I, Sept. 29, 1999, 113 Stat. 408.
Pub. L. 105–275, title I, Oct. 21, 1998, 112 Stat. 2430.
Pub. L. 105–55, title I, Oct. 7, 1997, 111 Stat. 1177.
Pub. L. 104–197, title I, Sept. 16, 1996, 110 Stat. 2394.
Pub. L. 104–53, title I, Nov. 19, 1995, 109 Stat. 514.
Pub. L. 103–283, title I, July 22, 1994, 108 Stat. 1423.
Pub. L. 103–69, title I, Aug. 11, 1993, 107 Stat. 692.
Pub. L. 102–392, title I, Oct. 6, 1992, 106 Stat. 1703.
Pub. L. 102–90, title I, Aug. 14, 1991, 105 Stat. 447.
Pub. L. 101–520, title I, Nov. 5, 1990, 104 Stat. 2254.
Pub. L. 101–163, title I, Nov. 21, 1989, 103 Stat. 1041.
Pub. L. 100–458, title I, Oct. 1, 1988, 102 Stat. 2158.
Pub. L. 100–202, §101(i) [title I], Dec. 22, 1987, 101 Stat. 1329–290.
Pub. L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287.
Pub. L. 99–151, title I, Nov. 13, 1985, 99 Stat. 792.
Pub. L. 98–367, title I, July 17, 1984, 98 Stat. 472.
Pub. L. 98–51, title I, July 14, 1983, 97 Stat. 263.
Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189.
Pub. L. 97–51, §101(c), Oct. 1, 1981, 95 Stat. 959.
Pub. L. 96–536, §101(c), (d), Dec. 16, 1980, 94 Stat. 3167.
Pub. L. 96–369, §101(c), (d), Oct. 1, 1980, 94 Stat. 1352, 1353.
Pub. L. 96–86, §101(c), Oct. 12, 1979, 93 Stat. 657.
Pub. L. 95–391, title I, Sept. 30, 1978, 92 Stat. 763.
Pub. L. 95–94, title I, Aug. 5, 1977, 91 Stat. 653.
Pub. L. 94–440, Oct. 1, 1976, 90 Stat. 1439.
Pub. L. 94–59, July 25, 1975, 89 Stat. 269.
Pub. L. 93–371, Aug. 13, 1974, 88 Stat. 424.
Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 527.
Pub. L. 92–342, July 10, 1972, 86 Stat. 432.
Pub. L. 92–51, July 9, 1971, 85 Stat. 125.
Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 807.
Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 339.
Pub. L. 90–417, July 23, 1968, 82 Stat. 398.
Pub. L. 90–57, July 28, 1967, 81 Stat. 127.
Pub. L. 89–545, Aug. 27, 1966, 80 Stat. 354.
Pub. L. 89–90, July 27, 1965, 79 Stat. 265.
Pub. L. 88–454, Aug. 20, 1964, 78 Stat. 535.
Pub. L. 88–248, Dec. 30, 1963, 77 Stat. 803.
Pub. L. 87–730, Oct. 2, 1962, 76 Stat. 680.
Pub. L. 87–130, Aug. 10, 1961, 75 Stat. 320.
Pub. L. 86–628, July 12, 1960, 74 Stat. 446.
Pub. L. 86–176, Aug. 21, 1959, 73 Stat. 398.
Pub. L. 85–570, July 31, 1958, 72 Stat. 439.
Pub. L. 85–75, July 1, 1957, 71 Stat. 244.
June 27, 1956, ch. 453, 70 Stat. 356.
Aug. 5, 1955, ch. 568, 69 Stat. 499.
July 2, 1954, ch. 455, title I, 68 Stat. 396.
Aug. 1, 1953, ch. 304, title I, 67 Stat. 318.
July 9, 1952, ch. 598, 66 Stat. 464.
Oct. 11, 1951, ch. 485, 65 Stat. 388.
Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 595.
June 22, 1949, ch. 235, 63 Stat. 216.
Limitation on Funds Available to Senate for Fiscal Year Beginning October 1, 1980
Pub. L. 96–508, §10, Dec. 8, 1980, 94 Stat. 2749, provided that in the fiscal year beginning October 1, 1980, the aggregate amount of funds made available to the Senate shall not exceed 90 per centum of the aggregate amount of the funds made available for such purposes for the fiscal year beginning on October 1, 1979.
Senate and House Committee Employees
Senate and House committee employees, formerly provided for by this section, are covered by section 4301 of this title.
§60a–1. Transferred
Editorial Notes
Codification
Section 60a–1 was editorially reclassified as section 4571 of this title.
§60a–1a. Transferred
Editorial Notes
Codification
Section 60a–1a was editorially reclassified as section 4572 of this title.
§60a–1b. Transferred
Editorial Notes
Codification
Section 60a–1b was editorially reclassified as section 4573 of this title.
§60a–2. Transferred
Editorial Notes
Codification
Section 60a–2 was editorially reclassified as section 4531 of this title.
§60a–2a. Transferred
Editorial Notes
Codification
Section 60a–2a was editorially reclassified as section 4532 of this title.
§§60b, 60c. Omitted
Editorial Notes
Codification
Section 60b, acts June 20, 1929, ch. 33, §2, 46 Stat. 38; July 25, 1939, ch. 352, §3, 53 Stat. 1080, which provided that clerk hire should be at rate of $6,500 per annum and limited individual salaries to $3,900 per annum, was superseded by former section 60g of this title.
Section 60c, R.S. §55, related to payment of salaries of chaplains.
§60c–1. Transferred
Editorial Notes
Codification
Section 60c–1 was editorially reclassified as section 4591 of this title.
§60c–2. Repealed. Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068
Section, Pub. L. 92–136, §4, Oct. 11, 1971, 85 Stat. 377, authorized and directed Secretary of Senate, if requested by an individual paid by Secretary, to pay compensation by sending a check to a financial organization designated by the individual. See section 3332 of Title 31, Money and Finance.
§60c–2a. Transferred
Editorial Notes
Codification
Section 60c–2a was editorially reclassified as section 6568 of this title.
§60c–3. Transferred
Editorial Notes
Codification
Section 60c–3 was editorially reclassified as section 4594 of this title.
§60c–4. Transferred
Editorial Notes
Codification
Section 60c–4 was editorially reclassified as section 4524 of this title.
§60c–5. Transferred
Editorial Notes
Codification
Section 60c–5 was editorially reclassified as section 4579 of this title.
§60c–6. Transferred
Editorial Notes
Codification
Section 60c–6 was editorially reclassified as section 4536 of this title.
§60d. Repealed. Pub. L. 107–68, title I, §116(b)(1), Nov. 12, 2001, 115 Stat. 573
Section, acts May 21, 1937, ch. 236, §1, 50 Stat. 199; Pub. L. 86–426, §2(a), Apr. 20, 1960, 74 Stat. 53; Pub. L. 104–186, title II, §204(3), Aug. 20, 1996, 110 Stat. 1729, provided for payment of salaries of officers and employees of the House of Representatives for the month of December on the 20th day of that month.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable with respect to pay periods beginning after the expiration of the 1-year period which begins Nov. 12, 2001, see section 116(c) of Pub. L. 107–68, set out as an Effective Date note under section 4551 of this title.
§60d–1. Transferred
Editorial Notes
Codification
Section 60d–1 was editorially reclassified as section 4551 of this title.
§§60e, 60e–1. Repealed. Pub. L. 107–68, title I, §116(b)(1), (2), Nov. 12, 2001, 115 Stat. 573
Section 60e, act May 21, 1937, ch. 236, §2, as added June 2, 1939, ch. 171, 53 Stat. 802; amended Pub. L. 86–426, §2(b), Apr. 20, 1960, 74 Stat. 54; Pub. L. 104–186, title II, §204(3), Aug. 20, 1996, 110 Stat. 1729, related to time of payment of salaries of officers and employees of the House of Representatives for months other than the month of December.
Section 60e–1, acts Dec. 28, 1945, ch. 589, title I, 59 Stat. 633; Pub. L. 86–426, §2(c), Apr. 20, 1960, 74 Stat. 54, related to time of payment of salaries in or under the House of Representatives when the usual payday fell on Saturday.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable with respect to pay periods beginning after the expiration of the 1-year period which begins Nov. 12, 2001, see section 116(c) of Pub. L. 107–68, set out as an Effective Date note under section 4551 of this title.
§60e–1a. Transferred
Editorial Notes
Codification
Section 60e–1a was editorially reclassified as section 4555 of this title.
§60e–1b. Transferred
Editorial Notes
Codification
Section 60e–1b was editorially reclassified as section 4556 of this title.
§60e–1c. Transferred
Editorial Notes
Codification
Section 60e–1c was editorially reclassified as section 4557 of this title.
§60e–1d. Transferred
Editorial Notes
Codification
Section 60e–1d was editorially reclassified as section 4558 of this title.
§60e–2. Omitted
Section, acts June 30, 1945, ch. 212, title I, §§101(c), 102(a), 59 Stat. 295, 296; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972; Sept. 6, 1966, Pub. L. 89–554, §8(a), 80 Stat. 653, which related to coverage of officers and employees of legislative branch under act June 30, 1945, known as Federal Employees Pay Act of 1945, was omitted in view of repeal or omission from the Code of provisions of act June 30, 1945, with exception of section 1854 of this title which was expressly exempted from the provisions involved.
§60e–2a. Transferred
Editorial Notes
Codification
Section 60e–2a was editorially reclassified as section 1853 of this title.
§60e–2b. Transferred
Editorial Notes
Codification
Section 60e–2b was editorially reclassified as section 1854 of this title.
§§60e–3 to 60e–14. Omitted
Editorial Notes
Codification
Sections were omitted as obsolete and superseded. See sections 4533 to 4535, 4575, and 5103 of this title.
Section 60e–3, acts June 30, 1945, ch. 212, title V, §501, 59 Stat. 301; May 24, 1946, ch. 270, §5(a), (b), 60 Stat. 217; June 23, 1949, ch. 238, §5, 63 Stat. 265, provided for payment of additional compensation to legislative branch employees.
Section 60e–4, acts June 30, 1945, ch. 212, title V, §502, 59 Stat. 301; May 24, 1946, ch. 270, §5(c), 60 Stat. 217, provided for payment of additional compensation to legislative branch employees.
Section 60e–4a, act July 3, 1948, ch. 830, title III, §301, 62 Stat. 1267, provided for payment of additional compensation to employees of the Federal Government and the District of Columbia government.
Section 60e–5, acts Oct. 28, 1949, ch. 783, title I, §101(a), (b), 63 Stat. 974; June 28, 1955, ch. 189, §4(e)(1), 69 Stat. 177, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees.
Section 60e–6, acts Oct. 24, 1951, ch. 554, §2(a), (b), (d), 65 Stat. 613; June 28, 1955, ch. 189, §4(b), (e)(1), 69 Stat. 176, 177, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees.
Section 60e–7, acts June 28, 1955, ch. 189, §4(a), (e)(1), (g), (h), 69 Stat. 176–178; June 27, 1956, ch. 453, §101, 70 Stat. 363, provided for payment of additional compensation to legislative branch employees.
Section 60e–8, Pub. L. 85–462, §4(a), (e), (f), (r), June 20, 1958, 72 Stat. 207–209, provided for payment of additional compensation to legislative branch employees.
Section 60e–9, Pub. L. 86–568, title I, §117(a), (e)–(h), July 1, 1960, 74 Stat. 303, provided for payment of additional compensation to legislative branch employees.
Section 60e–10, Pub. L. 87–793, §1005(a), (e)–(g), (i), Oct. 11, 1962, 76 Stat. 866, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees.
Section 60e–11, Pub. L. 88–426, title II, §202(a)–(c), (h), Aug. 14, 1964, 78 Stat. 413, 414, provided for payment of additional compensation to legislative branch employees.
Section 60e–12, Pub. L. 89–301, §11(a), (b), (i), Oct. 29, 1965, 79 Stat. 1120, 1121, provided for payment of additional compensation to legislative branch employees.
Section 60e–13, Pub. L. 89–504, title III, §302(a), (b), (e), (i), July 18, 1966, 80 Stat. 294, provided for payment of additional compensation to legislative branch employees.
Section 60e–14, Pub. L. 90–206, title II, §214(a), (b), (f), (m), Dec. 16, 1967, 81 Stat. 635–637, provided for payment of additional compensation to legislative branch employees.
§60f. Repealed. Pub. L. 90–57, §105(i)(2), July 28, 1967, 81 Stat. 144
Section, acts July 1, 1941, ch. 268, 55 Stat. 448; June 8, 1942, ch. 396, 56 Stat. 333; June 28, 1943, ch. 173, title I, 57 Stat. 222; June 26, 1944, ch. 277, title I, 58 Stat. 337; Dec. 20, 1944, ch. 617, §2(a), 58 Stat. 832; June 13, 1945, ch. 189, 59 Stat. 241; July 1, 1946, ch. 530, 60 Stat. 390; Oct. 28, 1949, ch. 783, title I, §101(c)(3), 63 Stat. 974; Oct. 24, 1951, ch. 554, §2(c)(2), 65 Stat. 614; June 28, 1955, ch. 189, §4(e)(3), 69 Stat. 177; May 19, 1956, ch. 313, Ch. XII, 70 Stat. 175; Sept. 1, 1959, Pub. L. 86–213, §1(a), (b), 73 Stat. 443; Aug. 10, 1961, Pub. L. 87–130, 75 Stat. 323, authorized Senators and committee chairmen to change employees' salaries, required certifications, and provided for designation of titles for positions. See section 4575(a), (d), (e) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Aug. 1, 1967, see section 105(k) of Pub. L. 90–57, set out as an Effective Date note under section 4575 of this title.
§60f–1. Repealed. Pub. L. 86–213, §1(c), Sept. 1, 1959, 73 Stat. 444
Section, act June 27, 1956, ch. 453, 70 Stat. 359, authorized Senators to fix basic compensation of one employee at a rate not to exceed $8,040 per annum.
§§60g, 60g–1. Repealed. Pub. L. 91–510, title IV, §477(a)(1), (2), Oct. 26, 1970, 84 Stat. 1195
Section 60g, acts Dec. 20, 1944, ch. 617, §1, 58 Stat. 831; June 23, 1949, ch. 238, §4, 63 Stat. 265, related to clerk hire for Members and Resident Commissioner, rearrangements or changes in salaries and number of employees, maximum and minimum salaries, prohibition against increase in aggregate amount of salaries, required compensation rate to be in multiples of five, and certification of rearrangements or changes of salary schedules.
Section 60g–1, acts July 2, 1954, ch. 455, title I, 68 Stat. 401; Aug. 5, 1955, ch. 568, §11(a), 69 Stat. 509; Aug. 3, 1956, ch. 938, §1(a), 70 Stat. 990; Aug. 10, 1961, Pub. L. 87–130, §103, 75 Stat. 334; July 27, 1965, Pub. L. 89–90, §103, 79 Stat. 81; Aug. 27, 1966, Pub. L. 89– 545, §103, 80 Stat. 369, related to increase in basic rates for clerk hire for House Members and Resident Commissioner, including the case of a constituency having a population of five hundred thousand or more, limited basic rate to $7,500 per annum and to one person at any one time.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
§60g–2. Transferred
Editorial Notes
Codification
Section 60g–2 was editorially reclassified as section 5322 of this title.
Prior Provisions
A prior section 60g–2, based on House Resolution No. 416, Eighty-ninth Congress, June 16, 1965, as enacted into permanent law by Pub. L. 89–545, §103, Aug. 27, 1966, 80 Stat. 369, which related to employment of student congressional interns by Members of the House of Representatives and the Resident Commissioner from Puerto Rico, was repealed by section 2 of House Resolution No. 420, Ninety-third Congress, Sept. 18, 1973, as enacted into permanent law by Pub. L. 93–245, ch. VI, §600, Jan. 3, 1974, 87 Stat. 1079, which provided that: "H. Res. 416, Eighty-ninth Congress, adopted June 16, 1965, and enacted as permanent law by section 103 of the Legislative Branch Appropriation Act, 1967 (80 Stat. 369; Public Law 89–545; 2 U.S.C. 60g–2), shall not be effective in the Ninety-third Congress on and after the effective date specified in section 3 of this resolution; and, effective on the date of enactment of the provisions of this resolution as permanent law, such H. Res. 416, Eighty-ninth Congress, is repealed."
§60h. Omitted
Editorial Notes
Codification
Section, act Apr. 25, 1945, ch. 95, title I, 59 Stat. 78, limited salary increases under section 60g of this title of standing committee clerks.
§60i. Repealed. Pub. L. 87–730, §106(c), Oct. 2, 1962, 76 Stat. 695
Section, act Feb. 13, 1945, ch. 2, §1, 59 Stat. 4, prescribed basic rates of compensation of telephone operators on the United States Capitol telephone exchange and authorized certain longevity increases. See section 4507 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Sept. 1, 1962, see section 106(e) of Pub. L. 87–730, set out as an Effective Date note under section 4507 of this title.
Prohibition Against Payment of Longevity Increase After September 1, 1962
Pub. L. 87–730, §106(c), Oct. 2, 1962, 76 Stat. 695, provided in part that no longevity increase payable under authority of this section prior to Sept. 1, 1962, shall be payable on or after Sept. 1, 1962.
§60j. Transferred
Editorial Notes
Codification
Section 60j was editorially reclassified as section 4507 of this title.
§60j–1. Transferred
Editorial Notes
Codification
Section 60j–1 was editorially reclassified as a note under section 1927 of this title.
§60j–2. Transferred
Editorial Notes
Codification
Section 60j–2 was editorially reclassified as section 4508 of this title.
§60j–3. Repealed. Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189
Section, Pub. L. 95–391, title I, §109, Sept. 30, 1978, 92 Stat. 773; Pub. L. 96–304, title I, §107(c), July 8, 1980, 94 Stat. 890, provided for merit compensation for employees rated as outstanding and exceptional by Secretary of Senate and Sergeant at Arms and Doorkeeper, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Section 101 of S. 2939, 97th Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in section 101(e) of Pub. L. 97–276, to be effective as if enacted into law, provided that the repeal is effective Oct. 1, 1982.
Reports Covering Fiscal Year Ending September 30, 1982
Section 101 of S. 2939, 97th Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in section 101(e) of Pub. L. 97–276, to be effective as if enacted into law, provided in part that the reports required by subsec. (e) of this section with respect to the fiscal year ending Sept. 30, 1982, be filed notwithstanding the repeal. Subsec. (e) of this section had required that within thirty days following the end of each fiscal year, the Secretary of the Senate and the Sergeant at Arms and Doorkeeper file reports with the Senate Committee on Appropriations detailing the use and implementation of the authority contained in this section and that such reports include the names of all employees receiving merit compensation under authority of this section at the end of the fiscal year, the positions occupied by them and the date when each such employee first began to receive merit compensation.
§60j–4. Transferred
Editorial Notes
Codification
Section 60j–4 was editorially reclassified as section 4509 of this title.
§60k. Transferred
Editorial Notes
Codification
Section 60k was editorially reclassified as a note under section 1313 of this title.
§60l. Transferred
Editorial Notes
Codification
Section 60l was editorially reclassified as a note under section 1311 of this title.
§§60m, 60n. Repealed. Pub. L. 104–1, title V, §504(b), Jan. 23, 1995, 109 Stat. 41
Section 60m, Pub. L. 103–3, title V, §501, Feb. 5, 1993, 107 Stat. 27; Pub. L. 103–283, title III, §312(f)(4), July 22, 1994, 108 Stat. 1447, related to family and medical leave for certain Senate employees. See section 1301 et seq. of this title.
Section 60n, Pub. L. 103–3, title V, §502, Feb. 5, 1993, 107 Stat. 28, related to family and medical leave for certain employees of House of Representatives. See section 1301 et seq. of this title.
Statutory Notes and Related Subsidiaries
Savings Provision
Pub. L. 104–1, title V, §504(b), Jan. 23, 1995, 109 Stat. 41, provided in part that sections 60m and 60n of this title are repealed, except as provided in section 1435 of this title.
§60o. Transferred
Editorial Notes
Codification
Section 60o was editorially reclassified as section 4537 of this title.
Statutory Notes and Related Subsidiaries
Lump Sum Payment for Accrued Annual Leave of Senate Employees
Pub. L. 106–554, §1(a)(2) [title I, §6], Dec. 21, 2000, 114 Stat. 2763, 2763A-97, which related to lump sum payment for accrued annual leave of Senate employees, was editorially reclassified as section 4580 of this title.
§60p. Transferred
Editorial Notes
Codification
Section 60p was editorially reclassified as section 4595 of this title.
§60q. Transferred
Editorial Notes
Codification
Section 60q was editorially reclassified as section 4505 of this title.
§61. Transferred
Editorial Notes
Codification
Section 61 was editorially reclassified as section 4574 of this title.
§61–1. Transferred
Editorial Notes
Codification
Section 61–1 was editorially reclassified as section 4575 of this title.
§61–1a. Transferred
Editorial Notes
Codification
Section 61–1a was editorially reclassified as section 4576 of this title.
§61–1b. Transferred
Editorial Notes
Codification
Section 61–1b was editorially reclassified as section 4577 of this title.
§61–1c. Transferred
Editorial Notes
Codification
Section 61–1c was editorially reclassified as section 4581 of this title.
§61–2. Omitted
Editorial Notes
Codification
Section, Pub. L. 90–206, title II, §214(g)–(i), Dec. 16, 1967, 81 Stat. 636, provided for an increase in annual rate of gross compensation for pay periods after Dec. 16, 1967, for certain employees whose compensation is disbursed by Secretary of Senate and Clerk of House of Representatives.
§61a. Transferred
Editorial Notes
Codification
Section 61a was editorially reclassified as section 6531 of this title. Section 6531 of this title was subsequently repealed by Pub. L. 116–94, div. E, title II, §212(a)(3)(H), Dec. 20, 2019, 133 Stat. 2776.
Prior Provisions
A prior section 61a, act Aug. 5, 1955, ch. 568, §1, 69 Stat. 499, prescribed gross annual compensation of Secretary of Senate.
§§61a–1, 61a–2. Omitted
Editorial Notes
Codification
Section 61a–1, acts June 27, 1956, ch. 453, §101, 70 Stat. 356; July 9, 1971, Pub. L. 92–51, §101, 85 Stat. 125, provided for rate of compensation of Chief Clerk of Senate which office was superseded by Assistant Secretary of Senate.
Section 61a–2, Pub. L. 88–426, title II, §202(i), Aug. 14, 1964, 78 Stat. 414; Pub. L. 95–94, title I, §108(a), Aug. 5, 1977, 91 Stat. 661, provided for rate of compensation for Postmaster and Assistant Postmaster of Senate. See section 6597 of this title which abolished all statutory positions in Office of Sergeant at Arms and Doorkeeper of Senate, with specified exceptions, effective Oct. 1, 1981, and authorized Sergeant at Arms and Doorkeeper of Senate to appoint and fix compensation of such employees as appropriate.
§61a–3. Transferred
Editorial Notes
Codification
Section 61a–3 was editorially reclassified as section 6534 of this title.
§61a–4. Repealed. Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 531
Section, Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 340; Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 807, provided for appointment and salary of a Comptroller of the Senate and a secretary to the Comptroller.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 93–145 provided that the repeal is effective July 1, 1973.
§61a–4a. Omitted
Editorial Notes
Codification
Section, Pub. L. 92–342, §101, July 10, 1972, 86 Stat. 433, authorized Comptroller of Senate to appoint and fix compensation of an auditor in lieu of a secretary. Section was omitted in view of repeal of section 61a–4 of this title which authorized appointment of a Comptroller of Senate by President pro tempore of the Senate and the appointment by Comptroller of Senate of a secretary, and repeal of section 61a–5 of this title which set out duties of Comptroller of Senate, one of which was to appoint a secretary.
§61a–5. Repealed. Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 531
Section, Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 807, set out the duties to be performed by the Comptroller of the Senate.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 93–145 provided that the repeal is effective July 1, 1973.
§§61a–6 to 61a–8. Omitted
Editorial Notes
Codification
Sections were omitted for lack of general applicability. Sections were taken from the Legislative Branch Appropriation Act, 1971, the Legislative Branch Appropriation Act, 1972, and the Supplemental Appropriation Act, 1973, respectively, and provided for the appointment and compensation of specified employees of the Senate by the Secretary of the Senate.
Section 61a–6, Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 808, was effective Aug. 1, 1970.
Section 61a–7, Pub. L. 92–51, July 9, 1971, 85 Stat. 125, was effective July 1, 1971.
Section 61a–8, Pub. L. 92–607, ch. V, Oct. 31, 1972, 86 Stat. 1504, was effective Nov. 1, 1972.
§61a–9. Transferred
Editorial Notes
Codification
Section 61a–9 was editorially reclassified as section 6565 of this title.
§61a–9a. Transferred
Editorial Notes
Codification
Section 61a–9a was editorially reclassified as section 6564 of this title.
§61a–10. Omitted
Editorial Notes
Codification
Section, Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 528, which was from the Legislative Branch Appropriation Act, 1974, and provided for appointment and compensation of specified Senate employees by Secretary of Senate, effective July 1, 1973, was omitted for lack of general applicability.
§61a–11. Transferred
Editorial Notes
Codification
Section 61a–11 was editorially reclassified as section 6539 of this title.
§61b. Transferred
Editorial Notes
Codification
Section 61b was editorially reclassified as section 6535 of this title.
§§61b–1 to 61b–2. Omitted
Editorial Notes
Codification
Sections were omitted in view of section 6539 of this title which abolished all statutory positions in Office of Secretary of Senate, with specified exceptions, effective Oct. 1, 1981, and authorized Secretary of Senate to appoint and fix the compensation of such employees as appropriate.
Section 61b–1, Pub. L. 87–730, Oct. 2, 1962, 76 Stat. 680, provided for the appointment and compensation of a second assistant parliamentarian.
Section 61b–1a, Pub. L. 92–342, July 10, 1972, 86 Stat. 433; Pub. L. 95–94, title I, Aug. 5, 1977, 91 Stat. 654, provided for the appointment and compensation of a third assistant parliamentarian.
Section 61b–2, Pub. L. 90–608, ch. VII, §701, Oct. 21, 1968, 82 Stat. 1195, provided for the appointment and compensation of a Curator of Art and Antiquities.
§61b–3. Transferred
Editorial Notes
Codification
Section 61b–3 was editorially reclassified as section 6541 of this title.
§61c. Omitted
Editorial Notes
Codification
Section, Pub. L. 94–59, title I, July 25, 1975, 89 Stat. 270, which set the compensation for certain positions in office of Secretary of Senate, was omitted for lack of general applicability.
Prior Provisions
A prior section 61c, acts Aug. 5, 1955, ch. 568, §1, 69 Stat. 499; June 27, 1956, ch. 453, 70 Stat. 356; Aug. 21, 1959, Pub. L. 86–176, 73 Stat. 398; Aug. 10, 1961, Pub. L. 87–130, 75 Stat. 320, set basic annual compensation of certain positions in office of Secretary of Senate.
§61c–1. Transferred
Editorial Notes
Codification
Section 61c–1 was editorially reclassified as section 6540 of this title.
§61c–2. Transferred
Editorial Notes
Codification
Section 61c–2 was editorially reclassified as section 6537 of this title. Section 6537 of this title was subsequently repealed by Pub. L. 116–94, div. E, title II, §212(a)(3)(A), Dec. 20, 2019, 133 Stat. 2775.
§61d. Transferred
Editorial Notes
Codification
Section 61d was editorially reclassified as section 6651 of this title. Section 6651 of this title was subsequently repealed by Pub. L. 116–94, div. E, title II, §212(a)(3)(G), Dec. 20, 2019, 133 Stat. 2776.
Prior Provisions
A prior section 61d, Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 528; Pub. L. 95–26, title I, May 4, 1977, 91 Stat. 80; Pub. L. 96–38, title I, §103, July 25, 1979, 93 Stat. 112; Pub. L. 97–51, §121, Oct. 1, 1981, 95 Stat. 965, provided that effective October 1, 1981, the compensation of Chaplain of Senate would be $52,750.
Another prior section 61d, acts Aug. 5, 1955, ch. 568, §1, 69 Stat. 499; July 12, 1960, Pub. L. 86–628, 74 Stat. 446; Aug. 14, 1964, Pub. L. 88–426, title II, §203(h), 78 Stat. 415; Dec. 12, 1969, Pub. L. 91–145, 83 Stat. 340; Aug. 18, 1970, Pub. L. 91–382, 84 Stat. 808, made provision for the appointment of a Secretary to Chaplain of Senate and prescribed compensation of Chaplain of Senate and Secretary to Chaplain.
§61d–1. Transferred
Editorial Notes
Codification
Section 61d–1 was editorially reclassified as section 6652 of this title.
Prior Provisions
A prior section 61d–1, Pub. L. 93–371, Aug. 13, 1974, 88 Stat. 424; Pub. L. 96–38, title I, §103, July 25, 1979, 93 Stat. 112, authorized Chaplain of Senate to appoint and fix compensation of a secretary at not to exceed $20,034 per annum.
§61d–2. Transferred
Editorial Notes
Codification
Section 61d–2 was editorially reclassified as section 6653 of this title.
Prior Provisions
A prior section 61d–2, Pub. L. 94–303, title I, §114, June 1, 1976, 90 Stat. 614, authorized a postage allowance for Chaplain of Senate, prior to repeal by Pub. L. 97–51, §127(b)(2), Oct. 1, 1981, 95 Stat. 966.
§61d–3. Repealed. Pub. L. 108–199, div. H, §155(b)(1), Jan. 23, 2004, 118 Stat. 450
Section, acts Pub. L. 104–53, title I, §2, Nov. 19, 1995, 109 Stat. 517; Pub. L. 105–275, title I, §2(a), Oct. 21, 1998, 112 Stat. 2433, related to the Office of the Chaplain Expense Revolving Fund. See section 6654 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable with respect to fiscal year 2004 and each fiscal year thereafter, see section 6654(c) of this title.
§61d–4. Transferred
Editorial Notes
Codification
Section 61d–4 was editorially reclassified as section 6654 of this title.
§61e. Transferred
Editorial Notes
Codification
Section 61e was editorially reclassified as section 6591 of this title. Section 6591 of this title was subsequently repealed by Pub. L. 116–94, div. E, title II, §212(a)(3)(H), Dec. 20, 2019, 133 Stat. 2776.
Prior Provisions
A prior section 61e, act Aug. 5, 1955, ch. 568, §1, 69 Stat. 501, prescribed gross annual compensation of Sergeant at Arms of Senate.
§61e–1. Transferred
Editorial Notes
Codification
Section 61e–1 was editorially reclassified as section 6594 of this title.
§61e–2. Transferred
Editorial Notes
Codification
Section 61e–2 was editorially reclassified as section 6595 of this title.
§61e–3. Transferred
Editorial Notes
Codification
Section 61e–3 was editorially reclassified as section 6593 of this title.
§61e–4. Transferred
Editorial Notes
Codification
Section 61e–4 was editorially reclassified as section 6598 of this title.
§§61f, 61f–1. Omitted
Section 61f, acts Aug. 5, 1955, ch. 568, 69 Stat. 501; June 27, 1956, ch. 453, 70 Stat. 357; July 1, 1957, Pub. L. 85–75, 71 Stat. 245; July 31, 1958, Pub. L. 85–570, 72 Stat. 440; Aug. 21, 1959, Pub. L. 86–176, 73 Stat. 399; July 12, 1960, Pub. L. 86–628, 74 Stat. 447; Aug. 10, 1961, Pub. L. 87–130, 75 Stat. 321; Oct. 2, 1962, Pub. L. 87–730, 76 Stat. 681; Dec. 30, 1963, Pub. L. 88–248, 77 Stat. 804, prescribed the basic annual compensation of certain clerical, skilled, and unskilled employees in the office of Sergeant at Arms and Doorkeeper of Senate, and was omitted for lack of general applicability.
Section 61f–1, Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 808, authorized Sergeant at Arms to employ certain additional personnel and prescribed their compensation, and was omitted for lack of general applicability.
§61f–1a. Transferred
Editorial Notes
Codification
Section 61f–1a was editorially reclassified as section 6612 of this title.
§§61f–2 to 61f–6. Omitted
Sections were omitted for lack of general applicability. Sections were from the Legislative Branch Appropriation Act, 1972, the Supplemental Appropriation Act, 1972, the Supplemental Appropriation Act, 1973, the Legislative Branch Appropriation Act, 1974, and the Supplemental Appropriation Act, 1974, respectively, and provided for the appointment and compensation of specified Senate employees by the Sergeant at Arms.
Section 61f–2, Pub. L. 92–51, July 9, 1971, 85 Stat. 127, was effective July 1, 1971.
Section 61f–3, Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 634, was effective Jan. 1, 1972.
Section 61f–4, Pub. L. 92–607, ch. V, Oct. 31, 1972, 86 Stat. 1504, was effective Nov. 1, 1972.
Section 61f–5, Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 529, was effective July 1, 1973.
Section 61f–6, Pub. L. 93–245, ch. VI, Jan. 3, 1974, 87 Stat. 1078, was effective Dec. 1, 1973.
§61f–7. Transferred
Editorial Notes
Codification
Section 61f–7 was editorially reclassified as section 6597 of this title.
§61f–8. Transferred
Editorial Notes
Codification
Section 61f–8 was editorially reclassified as section 6599 of this title.
§61f–9. Transferred
Editorial Notes
Codification
Section 61f–9 was editorially reclassified as section 6596 of this title.
§61f–10. Transferred
Editorial Notes
Codification
Section 61f–10 was editorially reclassified as section 6502 of this title.
§61f–11. Transferred
Editorial Notes
Codification
Section 61f–11 was editorially reclassified as section 6620 of this title.
§61f–12. Transferred
Editorial Notes
Codification
Section 61f–12 was editorially reclassified as section 6628 of this title.
§61f–13. Transferred
Editorial Notes
Codification
Section 61f–13 was editorially reclassified as section 6633 of this title.
§61f–14. Transferred
Editorial Notes
Codification
Section 61f–14 was editorially reclassified as section 6617 of this title.
§61g. Transferred
Editorial Notes
Codification
Section 61g was editorially reclassified as section 6151 of this title.
Prior Provisions
A prior section 61g, acts Aug. 5, 1955, ch. 568, 69 Stat. 502; June 27, 1956, ch. 453, §101, 70 Stat. 357, prescribed the gross annual compensation of Secretaries of Senate Majority and Minority.
§§61g–1 to 61g–3. Omitted
Editorial Notes
Codification
Section 61g–1, Pub. L. 89–691, title IV, §404, Oct. 15, 1966, 80 Stat. 1024, authorized, effective Oct. 1, 1966, Senate Majority Leader to fix the gross compensation of Secretary for Majority at not to exceed $25,611.05 per annum so long as position is held by present incumbent. See section 6151 of this title.
Sections 61g–2 and 61g–3, Pub. L. 94–59, title I, July 25, 1975, 89 Stat. 272, originally classified to section 61g–3 and later reclassified to section 61g–2, authorized, effective July 1, 1975, and each fiscal year thereafter, Secretaries for Senate Majority and Minority to each appoint and fix compensation of an assistant during emergencies at specified rates of compensation for not more than six months in each fiscal year. Pub. L. 95–94, title I, Aug. 5, 1977, 91 Stat. 658, abolished such positions, effective Oct. 1, 1977, and authorized Secretaries concerned to appoint such employees as they deem appropriate. See section 6152 of this title.
§61g–4. Transferred
Editorial Notes
Codification
Section 61g–4 was editorially reclassified as section 6156 of this title.
Prior Provisions
A prior section 61g–4, Pub. L. 95–26, title I, §100, May 4, 1977, 91 Stat. 80, authorized Secretary of Conference of Majority and Secretary of Conference of Minority each to appoint and fix compensation of an Executive Assistant and a Secretary. These positions were abolished by section 102 of Pub. L. 96–38, effective Oct. 1, 1979.
§61g–5. Transferred
Editorial Notes
Codification
Section 61g–5 was editorially reclassified as section 6152 of this title.
§61g–6. Transferred
Editorial Notes
Codification
Section 61g–6 was editorially reclassified as section 6155 of this title.
§61g–6a. Transferred
Editorial Notes
Codification
Section 61g–6a was editorially reclassified as section 6153 of this title.
§61g–6b. Transferred
Editorial Notes
Codification
Section 61g–6b was editorially reclassified as section 6154 of this title.
§61g–7. Transferred
Editorial Notes
Codification
Section 61g–7 was editorially reclassified as section 6157 of this title.
§61g–8. Transferred
Editorial Notes
Codification
Section 61g–8 was editorially reclassified as section 6158 of this title.
§§61h, 61h–1. Omitted
Editorial Notes
Codification
Section 61h, Pub. L. 93–371, §4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94–59, title I, §105, July 25, 1975, 89 Stat. 275; Pub. L. 116–94, div. E, title II, §212(a)(3)(A), Dec. 20, 2019, 133 Stat. 2775, set forth maximum annual rate of compensation for Assistant Secretaries for Senate Majority and Minority. Pub. L. 95–94, title I, Aug. 5, 1977, 91 Stat. 658, abolished such positions, effective Oct. 1, 1977, and authorized Secretaries concerned to appoint and fix compensation of such employees as they deem appropriate. See section 6152 of this title.
A prior section 61h, acts Aug. 5, 1955, ch. 568, 69 Stat. 502; June 27, 1956, ch. 453, 70 Stat. 357; Aug. 21, 1959, Pub. L. 86–176, 73 Stat. 399; Aug. 10, 1961, Pub. L. 87–130, 75 Stat. 321; July 27, 1965, Pub. L. 89–90, 79 Stat. 266, authorized basic per annum compensation of Assistant Secretaries for Senate Majority and Minority to be fixed by the respective Secretaries.
Section 61h–1, Pub. L. 93–371, §4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94–59, title I, §105, July 25, 1975, 89 Stat. 275; Pub. L. 116–94, div. E, title II, §212(a)(3)(A), Dec. 20, 2019, 133 Stat. 2775, set a maximum annual rate of compensation of $38,000 for administrative assistants in Offices of Senate Majority and Minority Leaders. Positions established by Legislative Branch Appropriation Act, 1970, for Offices of Senate Majority and Minority Leaders, which Act, Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 339, formerly classified to this section, authorized respective leaders to appoint an administrative assistant, were abolished, see title I of Pub. L. 95–26, 91 Stat. 80, set out below. See, also, section 6131 of this title.
A prior section 61h–1, Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 339, authorized Senate Majority and Minority Leaders to each appoint and fix compensation of an administrative assistant, a legislative assistant, an executive secretary, and a clerical assistant in lieu of positions heretofore authorized by Senate Resolution 158, agreed to December 9, 1941, Pub. L. 86–30, approved May 20, 1959, and Senate Resolution 240, agreed to January 24, 1952.
Statutory Notes and Related Subsidiaries
Abolition of Positions in Offices of Senate Majority and Minority Leaders
Pub. L. 95–26, title I, May 4, 1977, 91 Stat. 80, provided in part: "That the positions established by the Legislative Branch Appropriation Act, 1970 [Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 338], for the Offices of the Majority and Minority Leaders [of the Senate] are abolished effective April 1, 1977." The positions referred to were enumerated in Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 339, classified to former section 61h–1 of this title, which authorized the respective leaders to appoint an administrative assistant, a legislative assistant, an executive secretary, and a clerical assistant in lieu of the positions authorized prior thereto by Senate Resolution 158, agreed to Dec. 9, 1941, Pub. L. 86–30, approved May 20, 1959, and Senate Resolution 240, agreed to Jan. 24, 1952. See section 6131 of this title.
§61h–2. Repealed. Pub. L. 116–94, div. E, title II, §212(a)(3)(A), Dec. 20, 2019, 133 Stat. 2775
Section, Pub. L. 94–59, title I, §105, July 25, 1975, 89 Stat. 275, set a maximum annual rate of compensation of $36,500 for legislative assistants in Offices of Senate Majority and Minority Leaders. Positions established by Legislative Branch Appropriation Act, 1970, for Offices of Senate Majority and Minority Leaders, which Act, Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 339, classified to former section 61h–1 of this title, authorized the respective leaders to appoint a legislative assistant, were abolished, see Pub. L. 95–26, title I, May 4, 1977, 91 Stat. 80, set out as a note under former section 61h–1 of this title. See, also, section 6131 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.
§61h–3. Omitted
Editorial Notes
Codification
Section 61h–3, Pub. L. 94–59, title I, July 25, 1975, 89 Stat. 269, authorized Senate Majority and Minority Leaders to appoint and fix compensation of an executive secretary and a clerical assistant effective July 1, 1975. Positions established by Legislative Branch Appropriation Act, 1970, for Offices of Senate Majority and Minority Leaders, which Act, Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 339, classified to former section 61h–1 of this title, authorized the respective leaders to appoint an executive secretary, and a clerical assistant, were abolished, see Pub. L. 95–26, title I, May 4, 1977, 91 Stat. 80, set out as a note under former section 61h–1 of this title. See, also, section 6131 of this title.
§61h–4. Transferred
Editorial Notes
Codification
Section 61h–4 was editorially reclassified as section 6131 of this title.
§61h–5. Transferred
Editorial Notes
Codification
Section 61h–5 was editorially reclassified as section 6132 of this title.
Prior Provisions
A prior section 61h–5, Pub. L. 95–26, title I, May 4, 1977, 91 Stat. 80, authorizing the Majority Leader and the Minority Leader to appoint, respectively, an Assistant to the Majority Leader for Floor Operations and an Assistant to the Minority Leader for Floor Operations, was omitted in view of section 101(b) of Pub. L. 98–51, title I, July 14, 1983, 97 Stat. 265, which provided that effective Oct. 1, 1983, the positions of Assistant to the Majority Leader for Floor Operations and Assistant to the Minority Leader for Floor Operations established by the Supplemental Appropriations Act, 1977 (Pub. L. 95–26) were abolished.
§61h–6. Transferred
Editorial Notes
Codification
Section 61h–6 was editorially reclassified as section 6501 of this title.
§61h–7. Transferred
Editorial Notes
Codification
Section 61h–7 was editorially reclassified as section 6133 of this title.
§§61i to 61j–1. Omitted
Editorial Notes
Codification
Section 61i, Pub. L. 86–30, title I, May 20, 1959, 73 Stat. 48, which was from the Second Supplemental Appropriation Act, 1959, authorized Senate Majority and Minority Leaders to fix, effective May 1, 1959, basic salaries of research assistants authorized by S. Res. 158, agreed to Dec. 9, 1941, at not to exceed $8,820 per annum. See section 6131 of this title.
Section 61j, Pub. L. 93–371, §4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94–59, title I, §105, July 25, 1975, 89 Stat. 275; Pub. L. 116–94, div. E, title II, §212(a)(3)(A), Dec. 20, 2019, 133 Stat. 2775, set a maximum annual rate of compensation of $37,000 for administrative assistants in offices of Senate Majority and Minority Whips. Positions established by Legislative Branch Appropriation Act, 1970, for Offices of Senate Majority and Minority Whips, which Act, Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 339, classified to former section 61j of this title, authorized the respective whips to appoint an administrative assistant, were abolished, see title I of Pub. L. 95–26, set out in part as a note under former section 61h–1 of this title. See, also, section 6134 of this title.
A prior section 61j, Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 339, authorized Senate Majority and Minority Whips to each appoint and fix compensation of an administrative assistant and an executive secretary.
Section 61j–1, Pub. L. 94–59, title I, July 25, 1975, 89 Stat. 270, authorized Senate Majority and Minority Whips, effective July 1, 1975, each to appoint and fix compensation of a legislative assistant. The positions established by Pub. L. 94–59 for the Offices of Majority and Minority Whips were abolished effective Apr. 1, 1977, by Pub. L. 95–26, title I, May 4, 1977, 91 Stat. 80, set out as a note under section 61h–1 of this title. See, also, section 6134 of this title.
§61j–2. Transferred
Editorial Notes
Codification
Section 61j–2 was editorially reclassified as section 6134 of this title.
§61k. Transferred
Editorial Notes
Codification
Section 61k was editorially reclassified as section 6113 of this title.
Prior Provisions
A prior section 61k, Pub. L. 95–26, title I, May 4, 1977, 91 Stat. 79, authorized President pro tempore of Senate to appoint and fix compensation of an Administrative Assistant, a Legislative Assistant, and an Executive Secretary. These positions were abolished effective Oct. 1, 1979, by section 101 of Pub. L. 96–38.
§61l. Transferred
Editorial Notes
Codification
Section 61l was editorially reclassified as section 6114 of this title.
§62. Transferred
Editorial Notes
Codification
Section 62 was editorially reclassified as section 6592 of this title.
§62a. Omitted
Editorial Notes
Codification
Section, act May 1, 1947, ch. 49, title I, 61 Stat. 58, accorded Sergeant at Arms of Senate the same priority as executive agencies under the Surplus Property Act of 1944, act Oct. 3, 1944, ch. 479, 58 Stat. 765. The Surplus Property Act of 1944, which was formerly classified principally to sections 1611 to 1646 of the former Appendix to Title 50, War and National Defense, was repealed, with certain exceptions, by act June 30, 1949, ch. 288, title V, §503, 63 Stat. 399, and the priorities thereunder expired Dec. 31, 1949. See References in Text note under section 352 of Title 30, Mineral Lands and Mining.
§62b. Transferred
Editorial Notes
Codification
Section, act July 26, 1949, ch. 366, 63 Stat. 482, which related to audits and reports by Comptroller General of fiscal records of House Sergeant at Arms, was transferred to section 81a of this title, and was subsequently repealed by Pub. L. 104–186.
§63. Repealed. Pub. L. 104–186, title II, §204(21), Aug. 20, 1996, 110 Stat. 1733
Section, R.S. §73, related to duties of Doorkeeper of Senate. Provisions of R.S. §73 which related to duties of Doorkeeper of House of Representatives were classified to section 76 of this title prior to repeal by Pub. L. 104–186.
§64. Omitted
Editorial Notes
Codification
Section, R.S. §56, authorizing payment on requisitions drawn by Secretary of Senate of moneys appropriated for compensation of Senate members and officers and for contingent Senate expenses, was omitted in view of the abolition of appropriation for the fund provided for in this section on and after July 1, 1935, and the authorization of annual definite appropriations by act June 26, 1934, ch. 756, §14, 48 Stat. 1230.
§64–1. Transferred
Editorial Notes
Codification
Section 64–1 was editorially reclassified as section 6542 of this title.
§64–2. Transferred
Editorial Notes
Codification
Section 64–2 was editorially reclassified as section 6562 of this title.
Prior Provisions
A prior section 64–2, Pub. L. 95–26, title I, §108, May 4, 1977, 91 Stat. 85, provided that, on and after May 4, 1977, Secretary of Senate was authorized to transfer funds between appropriations with approval of a resolution of Senate.
§64–3. Transferred
Editorial Notes
Codification
Section, Pub. L. 95–26, title I, §111, May 4, 1977, 91 Stat. 87; Pub. L. 108–7, div. H, title I, §1018(h)(3), Feb. 20, 2003, 117 Stat. 369, which related to reimbursement for Capitol Police salaries paid by Capitol Police for service at Federal Law Enforcement Training Center, was transferred to section 1905a of this title.
§64a. Transferred
Editorial Notes
Codification
Section 64a was editorially reclassified as section 6532 of this title.
§64a–1. Transferred
Editorial Notes
Codification
Section 64a–1 was editorially reclassified as section 6536 of this title.
§64b. Transferred
Editorial Notes
Codification
Section 64b was editorially reclassified as section 6533 of this title.
§65. Repealed. Pub. L. 92–310, title II, §220(a), (c), June 6, 1972, 86 Stat. 204
Section, R.S. §§57, 59; acts Mar. 2, 1895, ch. 177, §5, 28 Stat. 807; Oct. 31, 1951, ch. 655, §13, 65 Stat. 715, required Secretary of Senate to give a bond in the sum of $20,000.
§65a. Transferred
Editorial Notes
Codification
Section 65a was editorially reclassified as section 6507 of this title.
§65b. Transferred
Editorial Notes
Codification
Section 65b was editorially reclassified as section 6613 of this title.
§65c. Transferred
Editorial Notes
Codification
Section 65c was editorially reclassified as section 6512 of this title.
§65d. Transferred
Editorial Notes
Codification
Section 65d was editorially reclassified as section 6614 of this title.
§65e. Transferred
Editorial Notes
Codification
Section, Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 333, which provided that effective with fiscal year 1983 and each fiscal year thereafter, the expense allowance of Majority and Minority Whips of Senate could not exceed $5,000 each fiscal year for each Whip, was transferred and executed to section 31a–1 of this title. Section 31a–1 was editorially reclassified as section 6102 of this title.
§65f. Transferred
Editorial Notes
Codification
Section 65f was editorially reclassified as section 6567 of this title.
§66. Repealed. Pub. L. 93–344, title V, §505(1), July 12, 1974, 88 Stat. 322
Section, act June 19, 1934, ch. 648, title I, §1, 48 Stat. 1022, directed that the fiscal year for adjustment of accounts of Secretary of Senate for compensation and mileage of Senators extend from July 1 to June 30.
§66a. Transferred
Editorial Notes
Codification
Section 66a was editorially reclassified as section 4578 of this title.
§67. Transferred
Editorial Notes
Codification
Section 67 was editorially reclassified as section 6312 of this title.
§67a. Transferred
Editorial Notes
Codification
Section 67a was editorially reclassified as section 4335 of this title.
§68. Transferred
Editorial Notes
Codification
Section 68 was editorially reclassified as section 6503 of this title.
§68–1. Transferred
Editorial Notes
Codification
Section 68–1 was editorially reclassified as section 6504 of this title.
§68–2. Transferred
Editorial Notes
Codification
Section 68–2 was editorially reclassified as section 6505 of this title.
§68–3. Transferred
Editorial Notes
Codification
Section 68–3 was editorially reclassified as section 6506 of this title.
§68–4. Transferred
Editorial Notes
Codification
Section 68–4 was editorially reclassified as section 6615 of this title.
§68–5. Transferred
Editorial Notes
Codification
Section 68–5 was editorially reclassified as section 6629 of this title.
§68–6. Transferred
Editorial Notes
Codification
Section 68–6 was editorially reclassified as section 6508 of this title.
§68–6a. Transferred
Editorial Notes
Codification
Section 68–6a was editorially reclassified as section 6611 of this title.
§68–7. Transferred
Editorial Notes
Codification
Section 68–7 was editorially reclassified as section 6574 of this title.
§68–8. Transferred
Editorial Notes
Codification
Section 68–8 was editorially reclassified as section 6509 of this title.
§68a. Transferred
Editorial Notes
Codification
Section 68a was editorially reclassified as section 6510 of this title.
§68b. Transferred
Editorial Notes
Codification
Section 68b was editorially reclassified as section 6513 of this title.
§68c. Transferred
Editorial Notes
Codification
Section 68c was editorially reclassified as section 4331 of this title.
§68d. Transferred
Editorial Notes
Codification
Section 68d was editorially reclassified as section 6511 of this title.
§68e. Transferred
Editorial Notes
Codification
Section 68e was editorially reclassified as section 6561 of this title.
§68f. Transferred
Editorial Notes
Codification
Section 68f was editorially reclassified as section 6563 of this title.
§69. Transferred
Editorial Notes
Codification
Section 69 was editorially reclassified as section 4333 of this title.
§69–1. Transferred
Editorial Notes
Codification
Section 69–1 was editorially reclassified as section 4334 of this title.
§69a. Transferred
Editorial Notes
Codification
Section 69a was editorially reclassified as section 6514 of this title.
Prior Provisions
A prior section 69a, Pub. L. 95–94, title I, §105, Aug. 5, 1977, 91 Stat. 661, provided for expenditure of $1,000 during any fiscal year to conduct orientation seminars for new Senators and their staffs, prior to repeal, effective July 1, 1979, by Pub. L. 96–38, title I, §107(b), July 25, 1979, 93 Stat. 113.
§69b. Transferred
Editorial Notes
Codification
Section 69b was editorially reclassified as section 6578 of this title.
§§70 to 72. Omitted
Editorial Notes
Codification
Section 70, act July 16, 1914, ch. 141, §1, 38 Stat. 456, repealed resolutions passed prior to July 1, 1914, authorizing payment for clerical and messenger service.
Section 71, act July 11, 1919, ch. 6, §1, 41 Stat. 57, was a provision in the Third Deficiency Act of 1919 authorizing Secretary of the Army to transfer to Sergeant at Arms of Senate motor equipment no longer required by the War Department. It is the opinion of the Department of the Army the section was intended to cover only surplus Army material on hand following World War I.
Section 72, acts Mar. 4, 1925, ch. 549, §1, 43 Stat. 1291; May 13, 1926, ch. 294, §1, 44 Stat. 542; Feb. 23, 1927, ch. 168, §1, 44 Stat. 1152; May 14, 1928, ch. 551, §1, 45 Stat. 522; Feb. 28, 1929, ch. 367, §1, 45 Stat. 1392; June 6, 1930, ch. 407, §1, 46 Stat. 509; Feb. 20, 1931, ch. 234, §1, 46 Stat. 1179; June 30, 1932, ch. 314, pt. I, §1, 47 Stat. 387; Feb. 28, 1933, ch. 134, §1, 47 Stat. 1356, related to Committee employees after termination of Congress, and was limited to the Legislative Branch Appropriation Acts of which it was a part.
§72a. Transferred
Editorial Notes
Codification
Section 72a was editorially reclassified as section 4301 of this title.
Statutory Notes and Related Subsidiaries
Overtime Pay for FBI Employees Detailed to House Committee on Appropriations
Pub. L. 103–283, title I, July 22, 1994, 108 Stat. 1430, which related to overtime pay for FBI employees detailed to House Committee on Appropriations, was editorially reclassified as section 4315 of this title.
Office of Classified National Security Information
Pub. L. 95–391, title I, §105, Sept. 30, 1978, 92 Stat. 772, as amended by Pub. L. 97–51, §115, Oct. 1, 1981, 95 Stat. 963, eff. Oct. 1, 1981; Pub. L. 99–492, §2(a), Oct. 16, 1986, 100 Stat. 1240; Pub. L. 100–18, §1(a), Apr. 3, 1987, 101 Stat. 262, established for the period beginning on Oct. 1, 1981, and ending on June 5, 1987, within the Office of the Secretary of the Senate, the Office of Classified National Security Information under the policy direction of the Majority Leader, the Minority Leader, and the chairman of the committee on Rules and Administration of the Senate, and under the administrative direction and supervision of the Secretary of the Senate with the responsibility for safeguarding such restricted data and such other classified information as any committee of the Senate may from time to time assign to it.
§§72a–1, 72a–1a. Repealed. Pub. L. 90–57, §105(i)(4), (5), July 28, 1967, 81 Stat. 144
Section 72a–1, acts Feb. 19, 1947, ch. 4, 61 Stat. 5; June 14, 1948, ch. 467, 62 Stat. 423, provided for compensation of clerical employees of Senate standing committees. See section 4575(e) of this title.
Section 72a–1a, acts Aug. 5, 1955, ch. 568, §1, 69 Stat. 505; June 20, 1958, Pub. L. 85–462, §4(h), 72 Stat. 208; Aug. 27, 1966, Pub. L. 89–545, 80 Stat. 357, limited compensation of committee staff employees. See section 4575(e) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Aug. 1, 1967, see section 105(k) of Pub. L. 90–57, set out as an Effective Date note under section 4575 of this title.
§72a–1b. Transferred
Editorial Notes
Codification
Section 72a–1b was editorially reclassified as section 4311 of this title.
§72a–1c. Repealed. Pub. L. 95–26, title I, §106(f), May 4, 1977, 91 Stat. 84
Section, Pub. L. 94–59, title I, §108, July 25, 1975, 89 Stat. 276; Pub. L. 94–440, title I, §102, Oct. 1, 1976, 90 Stat. 1443, authorized Senators to hire staff assistance in connection with their committee memberships. See section 4332 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 95–26, title I, §106(g)(1), May 4, 1977, 91 Stat. 84, which provided that the repeal is effective Mar. 1, 1977, was repealed by Pub. L. 95–94, title I, §111(e)(1), Aug. 5, 1977, 91 Stat. 663.
§72a–1d. Repealed. Pub. L. 95–94, title I, §111(e)(1), Aug. 5, 1977, 91 Stat. 663
Section, Pub. L. 95–26, title I, §106(a)–(e), May 4, 1977, 91 Stat. 83, 84, authorized Senators to employ individuals to assist with committee memberships of Senators and set forth compensation limitations and procedures applicable for employment of such individuals. See section 4332 of this title and section 111(a), (b) of Pub. L. 95–94, set out as a note under section 4575 of this title for related provisions.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1977, see section 111(f) of Pub. L. 95–94, set out as an Effective Date note under section 4332 of this title.
Effective Date and Savings Provisions
Pub. L. 95–26, title I, §106(g), May 4, 1977, 91 Stat. 84, provided that this section is effective Mar. 1, 1977, and set forth savings provisions relating to designations and availability of amounts for employees covered by section 72a–1d of this title, and was repealed by section 111(e)(1) of Pub. L. 95–94, title I, Aug. 5, 1977, 91 Stat. 663.
§72a–1e. Transferred
Editorial Notes
Codification
Section 72a–1e was editorially reclassified as section 4332 of this title.
§72a–1f. Transferred
Editorial Notes
Codification
Section 72a–1f was editorially reclassified as section 4338 of this title.
§72a–1g. Transferred
Editorial Notes
Codification
Section 72a–1g was editorially reclassified as section 4721 of this title.
§72a–1h. Transferred
Editorial Notes
Codification
Section 72a–1h was editorially reclassified as section 4722 of this title.
§72a–1i. Transferred
Editorial Notes
Codification
Section 72a–1i was editorially reclassified as section 4723 of this title.
§§72a–2, 72a–3. Omitted
Editorial Notes
Codification
Section 72a–2, acts July 20, 1951, ch. 237, §§1–3, 65 Stat. 123; Aug. 5, 1955, ch. 568, §§1, 8, 69 Stat. 501, 509; Feb. 14, 1956, ch. 34, Ch. IV, 70 Stat. 13; June 27, 1956, ch. 453, 70 Stat. 357; July 28, 1967, Pub. L. 90–57, §103, 81 Stat. 141; Aug. 18, 1970, Pub. L. 91–382, §103, 84 Stat. 825, prescribed basic compensation of employees of House and Senate press, periodical, and radio galleries, and was omitted for lack of general applicability.
Section 72a–3, Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 814, which related to computation of salaries and wages paid out of House appropriation items, was from the Legislative Branch Appropriation Act, 1971, and was not repeated in subsequent appropriation acts. See sections 4533 to 4535 and 5103 of this title. Similar provisions were contained in the following prior appropriation acts:
Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 347.
Pub. L. 90–417, July 23, 1968, 82 Stat. 404.
Pub. L. 90–57, July 28, 1967, 81 Stat. 133.
Pub. L. 89–545, Aug. 27, 1966, 80 Stat. 361.
Pub. L. 89–90, July 27, 1965, 79 Stat. 273.
Pub. L. 88–454, Aug. 20, 1964, 78 Stat. 542.
Pub. L. 88–248, Dec. 30, 1963, 77 Stat. 809.
Pub. L. 87–730, Oct. 2, 1962, 76 Stat. 686.
Pub. L. 87–130, Aug. 10, 1961, 75 Stat. 327.
Pub. L. 86–628, July 12, 1960, 74 Stat. 453.
Pub. L. 86–176, Aug. 21, 1959, 73 Stat. 405.
Pub. L. 85–570, July 31, 1958, 72 Stat. 446.
Pub. L. 85–75, July 1, 1957, 71 Stat. 249.
June 27, 1956, ch. 453, 70 Stat. 363.
Aug. 5, 1955, ch. 568, 69 Stat. 513.
July 2, 1954, ch. 455, title I, 68 Stat. 403.
§72a–4. Repealed. Pub. L. 90–57, §105(i)(1), July 28, 1967, 81 Stat. 144
Section, Pub. L. 85–75, July 1, 1957, 71 Stat. 246, provided for computation of salaries and wages paid out of Senate contingent-expense items. See section 4575(b), (c) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Aug. 1, 1967, see section 105(k) of Pub. L. 90–57, set out as an Effective Date note under section 4575 of this title.
§72b. Transferred
Editorial Notes
Codification
Section 72b was editorially reclassified as section 4312 of this title.
§72b–1. Omitted
Editorial Notes
Codification
Section, act Aug. 2, 1946, ch. 753, title I, §134(b), 60 Stat. 832, related to reports of committees and subcommittees of the Senate and House of Representatives on employed personnel. See section 72c of this title and the Standing Rules of the Senate. Section 2(a) of Senate Resolution No. 274, Ninety-sixth Congress, Nov. 14, 1979, provided in part that this section, insofar as it relates to the Senate, is repealed.
§72c. Repealed. Pub. L. 104–186, title II, §204(13), Aug. 20, 1996, 110 Stat. 1732
Section, act July 17, 1947, ch. 262, 61 Stat. 367, related to House committee reports on employed personnel.
§72d. Transferred
Editorial Notes
Codification
Section 72d was editorially reclassified as section 4336 of this title.
§72d–1. Transferred
Editorial Notes
Codification
Section 72d–1 was editorially reclassified as section 4337 of this title.
§§73, 74. Omitted
Editorial Notes
Codification
Section 73, act Mar. 4, 1925, ch. 549, §1, 43 Stat. 1292, related to clerk hire for Ways and Means Committee. See section 4301(c) of this title and Rules of House of Representatives.
Section 74, acts Mar. 3, 1893, No. 21, 27 Stat. 757; July 16, 1914, ch. 141, §§1, 6, 38 Stat. 454, 509; Mar. 4, 1915, ch. 141, §§1, 6, 38 Stat. 997, 1049; June 7, 1924, ch. 303, §1, 43 Stat. 581, and Mar. 4, 1925, ch. 549, §1, 43 Stat. 1286, related to clerk hire. See section 4301 of this title.
Statutory Notes and Related Subsidiaries
Repeals
R.S. §53 and act May 24, 1924, ch. 183, §1, 43 Stat. 149, formerly cited as a credit to section 74, were repealed by act Mar. 3, 1933, ch. 202, §1, 47 Stat. 1428, and act June 20, 1929, ch. 33, §6, 46 Stat. 39, respectively.
§74–1. Transferred
Editorial Notes
Codification
Section 74–1 was editorially reclassified as section 5122 of this title.
§74–2. Omitted
Section, Pub. L. 88–248, §103, Dec. 30, 1963, 77 Stat. 817; Pub. L. 89–90, §103, July 27, 1965, 79 Stat. 81; Pub. L. 90–417, §103, July 23, 1968, 82 Stat. 413, was based on House Resolutions No. 603, Apr. 16, 1962, and No. 685, Apr. 14, 1964, related to messengers in Office of Speaker, and was omitted for lack of general applicability.
§74a. Transferred
Editorial Notes
Codification
Section 74a was editorially reclassified as section 5101 of this title.
§74a–1. Omitted
Editorial Notes
Codification
Section, Pub. L. 87–367, title III, §302(c), Oct. 4, 1961, 75 Stat. 793, provided that rate of gross annual compensation of Chief of Staff of Joint Committee on Internal Revenue Taxation was to be an amount equal to $17,500 as increased in the manner provided by sections 60e–8(d) and 60e–9(d) of this title. See section 4302 of this title.
A prior section 74a–1, act Aug. 5, 1955, ch. 568, §9, 69 Stat. 509, prescribed compensation of Chief of Staff of Joint Committee on Internal Revenue Taxation.
§74a–2. Transferred
Editorial Notes
Codification
Section 74a–2 was editorially reclassified as section 4302 of this title.
§74a–3. Transferred
Editorial Notes
Codification
Section 74a–3 was editorially reclassified as section 5141 of this title.
§74a–4. Transferred
Editorial Notes
Codification
Section 74a–4 was editorially reclassified as section 5142 of this title.
§74a–5. Transferred
Editorial Notes
Codification
Section 74a–5 was editorially reclassified as a note under section 5142 of this title.
§74a–6. Repealed. Pub. L. 104–186, title II, §204(17), Aug. 20, 1996, 110 Stat. 1732
Section, Pub. L. 103–283, title I, §101, July 22, 1994, 108 Stat. 1430, provided for transfer of authority over Majority and Minority Printers of House to Director of Non-legislative and Financial Services of House.
§74a–7. Transferred
Editorial Notes
Codification
Section 74a–7 was editorially reclassified as section 5123 of this title.
§74a–8. Transferred
Editorial Notes
Codification
Section 74a–8 was editorially reclassified as section 5161 of this title.
§74a–9. Transferred
Editorial Notes
Codification
Section 74a–9 was editorially reclassified as section 5102 of this title.
§74a–10. Transferred
Editorial Notes
Codification
Section 74a–10 was editorially reclassified as section 5144 of this title.
§74a–10a. Transferred
Editorial Notes
Codification
Section 74a–10a was editorially reclassified as section 5145 of this title.
§74a–10b. Transferred
Editorial Notes
Codification
Section 74a–10b was editorially reclassified as section 5146 of this title.
§74a–11. Transferred
Editorial Notes
Codification
Section 74a–11 was editorially reclassified as section 5105 of this title.
§74a–11a. Transferred
Editorial Notes
Codification
Section 74a–11a was editorially reclassified as section 5104 of this title.
§74a–12. Transferred
Editorial Notes
Codification
Section 74a–12 was editorially reclassified as section 5124 of this title.
§74a–13. Transferred
Editorial Notes
Codification
Section 74a–13 was editorially reclassified as section 5162 of this title.
§74b. Transferred
Editorial Notes
Codification
Section 74b was editorially reclassified as section 6538 of this title.
§74c. Transferred
Editorial Notes
Codification
Section 74c was editorially reclassified as section 5143 of this title.
§74d. Transferred
Editorial Notes
Codification
Section 74d was editorially reclassified as section 5621 of this title.
Statutory Notes and Related Subsidiaries
Transfer of Positions in Corrections Calendar Office
Pub. L. 108–83, title I, §106, Sept. 30, 2003, 117 Stat. 1018, which related to the transfer of positions in the Corrections Calendar Office, was editorially reclassified as section 5624 of this title.
§74d–1. Transferred
Editorial Notes
Codification
Section 74d–1 was editorially reclassified as section 5622 of this title.
§74d–2. Transferred
Editorial Notes
Codification
Section 74d–2 was editorially reclassified as section 5623 of this title.
§75. Repealed. Pub. L. 92–310, title II, §220(b), (c), June 6, 1972, 86 Stat. 204
Section, R.S. §§58, 59; act Mar. 2, 1895, ch. 177, §5, 28 Stat. 807, required Clerk of House of Representatives to give a bond in the sum of $20,000.
§75–1. Repealed. Pub. L. 104–186, title II, §204(22)(A)(iii), Aug. 20, 1996, 110 Stat. 1733
Section, based on H. Res. No. 8, par. (3), Ninety-fifth Congress, Jan. 4, 1977, enacted into permanent law by Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668, related to compensation of Clerk of House.
A prior section 75–1, based on H. Res. No. 890, Ninety-second Congress, Oct. 4, 1972, enacted into permanent law by Pub. L. 92–607, ch. V, Oct. 31, 1972, 86 Stat. 1509, set forth the compensation of the Clerk at equal to the annual rate of basic pay fixed for level IV of the Executive Schedule under section 5315 of Title 5, Government Organization and Employees.
§75a. Repealed. Pub. L. 109–289, div. B, title II, §20702(b), as added Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 38
Section, act June 8, 1942, ch. 396, §7, 56 Stat. 350; Pub. L. 92–310, title II, §220(i), June 6, 1972, 86 Stat. 205; Pub. L. 104–186, title II, §204(19), Aug. 20, 1996, 110 Stat. 1732; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814, provided for continuation of payments by and legal liability of the disbursing clerk of the House of Representatives in case of the death, resignation, separation from office, or disability of the Chief Administrative Officer of the House.
Repeal of section is based on section 103(b)(1) of title I of H.R. 5521, as passed by the House of Representatives on June 7, 2006, which was enacted into law by section 20702(b) of Pub. L. 109–289, as added by Pub. L. 110–5.
§75a–1. Transferred
Editorial Notes
Codification
Section 75a–1 was editorially reclassified as section 5501 of this title.
§§75b to 75e. Omitted
Editorial Notes
Codification
Section 75b, act May 1, 1947, ch. 49, title I, 61 Stat. 58, accorded Clerk of House the same priority as executive agencies under the Surplus Property Act of 1944, act Oct. 3, 1944, ch. 479, 58 Stat. 765. The Surplus Property Act of 1944, which was formerly classified principally to sections 1611 to 1646 of the former Appendix to Title 50, War and National Defense, was repealed, with certain exceptions, by act June 30, 1949, ch. 288, title V, §503, 63 Stat. 399, and the priorities thereunder expired Dec. 31, 1949. See References in Text note under section 352 of Title 30, Mineral Lands and Mining.
Sections 75c to 75e were omitted from the Code for lack of general applicability.
Section 75c, based on H. Res. No. 449, Sept. 21, 1961, enacted into permanent law by Pub. L. 87–730, §103, Oct. 2, 1962, 76 Stat. 693, related to basic compensation of Assistant Tally Clerks in Office of Clerk of House.
Section 75d, based on H. Res. No. 331, June 7, 1961, enacted into permanent law by Pub. L. 87–730, §103, Oct. 2, 1962, 76 Stat. 693, related to basic compensation of stationery and assistant stationery clerks.
Section 75e, based on H. Res. Nos. 225, 341, 402 and 773 of the 87th Congress, enacted into permanent law by Pub. L. 87–130, §103, Aug. 10, 1961, 75 Stat. 334; Pub. L. 87–730, §103, Oct. 2, 1962, 76 Stat. 693; Pub. L. 88–248, §103, Dec. 30, 1963, 77 Stat. 817, related to compensation of certain laborers and clerks in offices of Clerk, Doorkeeper and Postmaster of House.
§75f. Transferred
Editorial Notes
Codification
Section 75f was editorially reclassified as section 5502 of this title.
§§76 to 76a. Repealed. Pub. L. 104–186, title II, §204(21), (22)(A)(iii), (23), Aug. 20, 1996, 110 Stat. 1733
Section 76, R.S. §73, related to duties of Doorkeeper of House. Provisions of R.S. §73 which related to duties of Doorkeeper of Senate were classified to section 63 of this title prior to repeal by Pub. L. 104–186.
Section 76–1, based on H. Res. No. 8, par. (3), Ninety-fifth Congress, Jan. 4, 1977, enacted into permanent law by Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668, related to compensation of Doorkeeper of House.
A prior section 76–1 was based on provisions of H. Res. No. 890, Ninety-second Congress, Oct. 4, 1972, enacted into permanent law by Pub. L. 92–607, ch. V, Oct. 31, 1972, 86 Stat. 1509, relating to compensation of the Doorkeeper being equal to the annual rate of basic pay fixed for level IV of the Executive Schedule under section 5315 of Title 5, Government Organization and Employees, prior to those provisions being struck out by Pub. L. 104–186, title II, §204(22)(B), Aug. 20, 1996, 110 Stat. 1733.
Another prior section 76–1, based on H. Res. No. 909, Eighty-ninth Congress, Sept. 8, 1966, enacted into permanent law by Pub. L. 89–697, ch. VI, §601, Oct. 27, 1966, 80 Stat. 1064, set forth the compensation of the Doorkeeper at equal to the gross per annum rate of compensation of the Clerk of House and Sergeant at Arms of House, prior to being repealed by Pub. L. 104–186, title II, §204(22)(B), Aug. 20, 1996, 110 Stat. 1733.
Section 76a, based on H. Res. No. 560, Eighty-seventh Congress, Mar. 27, 1962, enacted into permanent law by Pub. L. 87–730, §103, Oct. 2, 1962, 76 Stat. 693, related to position of a special assistant in Office of Doorkeeper.
§76b. Omitted
Editorial Notes
Codification
Section 76b, based on H. Res. No. 603, §§2, 3, Eighty-seventh Congress, Apr. 16, 1962, enacted into permanent law by Pub. L. 88–248, §103, Dec. 30, 1963, 77 Stat. 817, related to compensation of telephone clerks in Office of Doorkeeper, was omitted from Code in view of repeal of section 2 of H. Res. No. 603 by Pub. L. 104–186, title II, §204(24) Aug. 20, 1996, 110 Stat. 1733.
§77. Transferred
Editorial Notes
Codification
Section 77 was editorially reclassified as section 5601 of this title.
§77a. Repealed. Pub. L. 104–186, title II, §204(22)(A)(iii), Aug. 20, 1996, 110 Stat. 1733
Section, based on H. Res. No. 8, par. (3), Ninety-fifth Congress, Jan. 4, 1977, enacted into permanent law by Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668, related to compensation of Sergeant at Arms of House.
A prior section 77a, based on H. Res. No. 890, Ninety-second Congress, Oct. 4, 1972, enacted into permanent law by Pub. L. 92–607, ch. V, Oct. 31, 1972, 86 Stat. 1509, set forth the compensation of the Sergeant at Arms at equal to the annual rate of basic pay fixed for level IV of the Executive Schedule under section 5315 of Title 5, Government Organization and Employees.
§78. Transferred
Editorial Notes
Codification
Section 78 was editorially reclassified as section 5604 of this title.
Statutory Notes and Related Subsidiaries
Law Enforcement Authority of Sergeant at Arms
Pub. L. 104–53, title III, §313, Nov. 19, 1995, 109 Stat. 538, which related to the law enforcement authority of the Sergeant at Arms, was editorially reclassified as section 5605 of this title.
§79. Transferred
Editorial Notes
Codification
Section 79 was editorially reclassified as section 5603 of this title.
§80. Transferred
Editorial Notes
Codification
Section 80 was editorially reclassified as section 5309 of this title.
§80a. Transferred
Editorial Notes
Codification
Section 80a was editorially reclassified as section 4560 of this title.
§81. Repealed. Pub. L. 93–344, title V, §505(2), July 12, 1974, 88 Stat. 322
Section, act July 2, 1954, ch. 455, title I, 68 Stat. 400, directed that the fiscal year for the adjustment of the accounts of Sergeant at Arms of House for compensation and mileage of Members, Delegates, and Resident Commissioner extend from July 1 to June 30.
§§81a to 81c. Repealed. Pub. L. 104–186, title II, §204(27)–(29), Aug. 20, 1996, 110 Stat. 1734
Section 81a, act July 26, 1949, ch. 366, 63 Stat. 482, related to audits and reports of fiscal records of Sergeant at Arms of House.
Section 81b, based on H. Res. No. 465, Eighty-fourth Congress, Apr. 11, 1956, enacted into permanent law by act June 27, 1956, ch. 453, title I, §103, 70 Stat. 370, related to payment from House contingent fund for restoration or adjustment of trust fund account of Sergeant at Arms.
Section 81c, based on H. Res. No. 144, Eighty-fifth Congress, Feb. 7, 1957, enacted into permanent law by Pub. L. 85–75, title I, §103, July 1, 1957, 71 Stat. 256, related to purchase of and payment for insurance of office funds of Sergeant at Arms of House.
§82. Repealed. Pub. L. 92–310, title II, §220(d), (e), June 6, 1972, 86 Stat. 204
Section, acts Oct. 1, 1890, ch. 1256, §§4, 5, 26 Stat. 645, 646; Mar. 2, 1895, ch. 177, §5, 28 Stat. 807, required Sergeant at Arms of House of Representatives to give a bond in sum of $50,000.
§83. Transferred
Editorial Notes
Codification
Section 83 was editorially reclassified as section 5602 of this title.
§§84, 84–1. Repealed. Pub. L. 104–186, title II, §204(30), (31), Aug. 20, 1996, 110 Stat. 1734
Section 84, act Oct. 1, 1890, ch. 1256, §7, 26 Stat. 646, related to statement of disbursements by Sergeant at Arms.
Section 84–1, based on H. Res. No. 6, Ninety-eighth Congress, Jan. 3, 1983, enacted into permanent law by Pub. L. 98–51, title I, §110, July 14, 1983, 97 Stat. 269, fixed compensation of Postmaster of House of Representatives.
A prior section 84–1, based on H. Res. No. 393, §3, Ninety-fifth Congress, Mar. 31, 1977, enacted into permanent law by Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668, provided that per annum gross rate of compensation of Postmaster was to equal amount for level 13, step 5, of House Employees Schedule.
Another prior section 84–1, acts Aug. 5, 1955, ch. 568, §5, 69 Stat. 508; Dec. 16, 1967, Pub. L. 90–206, title II, §214(b), 81 Stat. 635, set forth compensation of Postmaster.
§84–2. Transferred
Editorial Notes
Codification
Section 84–2 was editorially reclassified as section 5521 of this title.
Prior Provisions
A prior section 84–2, Pub. L. 88–426, title II, §203(f), Aug. 14, 1964, 78 Stat. 415; H. Res. 313, 89th Cong., Mar. 31, 1965, as enacted by Pub. L. 89–90, §103, July 27, 1965, 79 Stat. 281; Pub. L. 90–206, title II, §214(b), Dec. 16, 1967, 81 Stat. 635, provided that the compensation of Chaplain of House shall be at a gross per annum rate which is equal to the gross per annum rate of compensation of Chaplain of Senate, subject to further increases.
§§84–3, 84–4. Omitted
Editorial Notes
Codification
Section 84–3, which related to compensation of Deputy Sergeant at Arms (charge of pairs), was based on House Resolution No. 138, Feb. 2, 1961, which was enacted into permanent law by Pub. L. 87–130, §103, Aug. 10, 1961, 75 Stat. 334. See section 291 et seq. of this title.
Section 84–4, which related to compensation of a clerk-messenger in office of Parliamentarian, was based on House Resolution No. 603, Apr. 16, 1962, which was enacted into permanent law by Pub. L. 88–248, §103, Dec. 30, 1963, 77 Stat. 817, and was omitted because a lump-sum appropriation is now made for the Office of Parliamentarian.
§84a. Transferred
Editorial Notes
Codification
Section 84a was editorially reclassified as section 5561 of this title.
§84a–1. Repealed. Pub. L. 104–186, title II, §204(32), Aug. 20, 1996, 110 Stat. 1734
Section, based on H. Res. No. 1495, Ninety-fourth Congress, Sept. 30, 1976, enacted into permanent law by Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668; amended Pub. L. 101–509, title V, §529 [title I, §101(b)(4)(G)], Nov. 5, 1990, 104 Stat. 1427, 1440, related to adjustment of compensation of Official Reporter of Debates and Official Reporter to Committees.
§84b. Omitted
Editorial Notes
Codification
Section, acts July 17, 1947, ch. 262, 61 Stat. 365; Oct. 18, 1986, Pub. L. 99–500, §101(j), 100 Stat. 1783–287, and Oct. 30, 1986, Pub. L. 99–591, §101(j), 100 Stat. 3341–287; July 11, 1987, Pub. L. 100–71, title I, 101 Stat. 425, provided that on and after July 17, 1947, sums received from the sales of copies of transcripts of hearings of committees reported by such reporters be covered into the Treasury. See section 5540 of this title.
Amendment of section by Pub. L. 99–500 and 99–591, as amended by Pub. L. 100–71, is based on section 104(b) of title I of H.R. 5203 (see House Report 99–805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99–500 and 99–591, to be effective as if enacted into law. Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Provisions similar to those in this section were contained in appropriation acts which were classified to section 117a of this title.
§§85 to 88a. Repealed. Pub. L. 104–186, title II, §204(33), (34)(A), Aug. 20, 1996, 110 Stat. 1734
Section 85, act Mar. 3, 1901, ch. 830, §1, 31 Stat. 968, related to performance of duties by employees of House.
Section 86, act Mar. 3, 1901, ch. 830, §1, 31 Stat. 968, related to division of salaries of employees of House.
Section 87, act Mar. 3, 1901, ch. 830, §1, 31 Stat. 968, related to requiring or permitting employees of House to sublet duties.
Section 88, act Mar. 3, 1901, ch. 830, §1, 31 Stat. 968, prescribed age limits of twelve and eighteen for service as pages in House of Representatives but made the restriction inapplicable to chief pages, riding pages, and telephone pages. See section 4901(b) of this title.
Section 88a, act Aug. 2, 1946, ch. 753, title II, §243, 60 Stat. 839, related to education of Congressional and Supreme Court pages, authorized appropriations, and allowed pages to elect to attend private or parochial schools.
§88b. Transferred
Editorial Notes
Codification
Section 88b was editorially reclassified as section 4903 of this title.
§88b–1. Transferred
Editorial Notes
Codification
Section 88b–1 was editorially reclassified as section 4901 of this title.
§88b–2. Transferred
Editorial Notes
Codification
Section 88b–2 was editorially reclassified as section 4911 of this title.
§88b–3. Transferred
Editorial Notes
Codification
Section 88b–3 was editorially reclassified as section 4912 of this title.
§88b–4. Transferred
Editorial Notes
Codification
Section 88b–4 was editorially reclassified as section 4913 of this title.
§88b–5. Transferred
Editorial Notes
Codification
Section 88b–5 was editorially reclassified as section 4917 of this title.
§88b–6. Repealed. Pub. L. 104–186, title II, §204(39), Aug. 20, 1996, 110 Stat. 1735
Section, Pub. L. 98–63, title I, §902, July 30, 1983, 97 Stat. 336; Pub. L. 104–53, title I, §4, Nov. 19, 1995, 109 Stat. 517, related to withholding from salary charges for lodging, meals, and related services furnished Senate pages in page residence hall.
§88b–7. Transferred
Editorial Notes
Codification
Section 88b–7 was editorially reclassified as section 4931 of this title.
§88c. Repealed. Pub. L. 91–510, title IV, §491(e), Oct. 26, 1970, 84 Stat. 1198
Section, acts June 14, 1948, ch. 467, 62 Stat. 426; Oct. 11, 1951, ch. 485, 65 Stat. 390; Oct. 13, 1964, Pub. L. 88–652, §16(b), 78 Stat. 1084, provided for compensation of pages of Senate and House.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
§88c–1. Repealed. Pub. L. 104–186, title II, §204(40)(A), Aug. 20, 1996, 110 Stat. 1735
Section, based on H. Res. No. 234, §1, Ninety-eighth Congress, June 29, 1983, enacted into permanent law by Pub. L. 98–367, title I, §103, July 17, 1984, 98 Stat. 479, related to payment for educational services and related items for pages.
§88c–2. Transferred
Editorial Notes
Codification
Section 88c–2 was editorially reclassified as section 4914 of this title.
§88c–3. Transferred
Editorial Notes
Codification
Section 88c–3 was editorially reclassified as section 4915 of this title.
§88c–4. Transferred
Editorial Notes
Codification
Section 88c–4 was editorially reclassified as section 4916 of this title.
§89. Transferred
Editorial Notes
Codification
Section 89 was editorially reclassified as section 4552 of this title.
§89a. Transferred
Editorial Notes
Codification
Section 89a was editorially reclassified as section 4559 of this title.
§§90, 91. Repealed. Pub. L. 104–186, title II, §204(33), Aug. 20, 1996, 110 Stat. 1734
Section 90, act Mar. 3, 1901, ch. 830, §1, 31 Stat. 968, related to removal from office of employees of House for violation of sections 85 to 87 and 4552 of this title.
Section 91, acts Mar. 3, 1901, ch. 830, §1, 31 Stat. 968; Aug. 2, 1946, ch. 753, §121, 60 Stat. 822, related to investigations of violations of sections 85 to 87, 90, and 4552 of this title.
§92. Transferred
Editorial Notes
Codification
Section 92 was editorially reclassified as section 5321 of this title.
Prior Provisions
A prior section 92, acts Jan. 25, 1923, ch. 43, 42 Stat. 1217; July 25, 1939, ch. 352, §1, 53 Stat. 1080; Aug. 5, 1955, ch. 568, §11(b), 69 Stat. 509; Aug. 3, 1956, ch. 938, §1(b), 70 Stat. 990, related to payment of appropriations for clerk hire for Members of House of Representatives, Delegates, and Resident Commissioners, prior to repeal by Pub. L. 104–186, title I, §104(e)(1), Aug. 20, 1996, 110 Stat. 1721.
§92–1. Repealed. Pub. L. 104–186, title II, §204(43), Aug. 20, 1996, 110 Stat. 1736
Section, based on H. Res. No. 294, §2, Eighty-eighth Congress, Aug. 14, 1964, as continued by H. Res. No. 7, Eighty-ninth Congress, Jan. 4, 1965, which was enacted into permanent law by Pub. L. 89–90, §103, July 27, 1965, 79 Stat. 281, related to place of performance of services for which clerk hire allowances were paid.
§92a. Transferred
Editorial Notes
Codification
Section 92a was editorially reclassified as section 5323 of this title.
§92b. Transferred
Editorial Notes
Codification
Section 92b was editorially reclassified as section 5324 of this title.
§92b–1. Transferred
Editorial Notes
Codification
Section 92b–1 was editorially reclassified as section 5327 of this title.
§92b–2. Transferred
Editorial Notes
Codification
Section 92b–2 was editorially reclassified as section 5328 of this title.
§92b–3. Transferred
Editorial Notes
Codification
Section 92b–3 was editorially reclassified as section 5329 of this title.
§92c. Transferred
Editorial Notes
Codification
Section 92c was editorially reclassified as section 5325 of this title.
§92d. Transferred
Editorial Notes
Codification
Section 92d was editorially reclassified as section 5326 of this title.
§92e. Repealed. Pub. L. 98–473, title I, §123A(b), Oct. 12, 1984, 98 Stat. 1969
Section, acts June 28, 1943, ch. 173, title I, 57 Stat. 223; June 26, 1944, ch. 277, title I, 58 Stat. 337; June 13, 1945, ch. 189, 59 Stat. 241; July 1, 1946, ch. 530, 60 Stat. 390, provided for continuation of salaries of clerical assistants to Senators upon death of that Senator in office.
§§93, 94. Omitted
Editorial Notes
Codification
Section 93, act June 28, 1886, No. 15, 24 Stat. 342, related to time of beginning of compensation of committee clerks. See section 4301 of this title and Rules of House of Representatives.
Section 94, acts Mar. 4, 1925, ch. 549, §1, 43 Stat. 1291; May 13, 1926, ch. 294, §1, 44 Stat. 542; Feb. 23, 1927, ch. 168, §1, 44 Stat. 1152; May 14, 1928, ch. 551, §1, 45 Stat. 522; Feb. 28, 1929, ch. 367, §1, 45 Stat. 1392; June 6, 1930, ch. 407, §1, 46 Stat. 509; Feb. 20, 1931, ch. 234, §1, 46 Stat. 1180; June 30, 1932, ch. 314, pt. I, §1, 47 Stat. 388; Feb. 28, 1933, ch. 134, §1, 47 Stat. 1356, related to appointment and removal of janitors, and was limited to the appropriation acts of which it was a part.
§95. Omitted
Editorial Notes
Codification
Section was based on provisions of acts Oct. 2, 1888, ch. 1069, 25 Stat. 546; Mar. 4, 1911, ch. 240, 36 Stat. 1318; Aug. 2, 1946, ch. 753, §121, 60 Stat. 822; Dec. 27, 1974, Pub. L. 93–554, title I, 88 Stat. 1776; Aug. 20, 1996, Pub. L. 104–186, title I, §105(c), 110 Stat. 1722, relating to payments from contingent fund of House of Representatives prior to being struck out by Pub. L. 104–186. See section 5505 of this title. Provisions of act Oct. 2, 1888, relating to payments from contingent fund of the Senate are classified to section 6503 of this title.
§95–1. Transferred
Editorial Notes
Codification
Section 95–1 was editorially reclassified as section 5505 of this title.
§95a. Transferred
Editorial Notes
Codification
Section 95a was editorially reclassified as section 5506 of this title.
§95b. Transferred
Editorial Notes
Codification
Section 95b was editorially reclassified as section 5507 of this title.
§95c. Transferred
Editorial Notes
Codification
Section 95c was editorially reclassified as section 5532 of this title.
§95d. Transferred
Editorial Notes
Codification
Section 95d was editorially reclassified as section 5508 of this title.
§95e. Transferred
Editorial Notes
Codification
Section 95e was editorially reclassified as section 5533 of this title.
§§96 to 100. Repealed. Pub. L. 104–186, title II, §204(46)–(51), Aug. 20, 1996, 110 Stat. 1737
Section 96, acts July 16, 1914, ch. 141, §1, 38 Stat. 462; Mar. 3, 1926, ch. 44, §1, 44 Stat. 163, related to payment of certain bills from moneys of House.
Section 96a, Pub. L. 103–69, title III, §311, Aug. 11, 1993, 107 Stat. 712, related to transfer of responsibility for legislative service organization financial activity to Clerk of House.
Section 97, act Mar. 2, 1895, ch. 177, §1, 28 Stat. 768, related to temporary committee on accounts of House.
Section 98, act Mar. 3, 1885, ch. 360, 23 Stat. 512, related to contracts for horses for service of House of Representatives.
Section 99, act Mar. 3, 1891, ch. 541, §1, 26 Stat. 914, related to contracts for horses and mail wagons for House of Representatives.
Section 100, act Mar. 3, 1901, ch. 830, §1, 31 Stat. 967, related to contracts for packing boxes for House.
§101. Transferred
Editorial Notes
Codification
Section 101 was editorially reclassified as section 4701 of this title.
§102. Repealed. Pub. L. 104–186, title II, §204(52), Aug. 20, 1996, 110 Stat. 1737
Section, R.S. §§60, 61; Pub. L. 86–628, §105(c), July 12, 1960, 74 Stat. 461, required submission by Secretary of Senate and Clerk of House to two Houses of statements as to persons employed and as to expenditures and balances on hand and providing for printing of such reports as Senate and House documents. See sections 4108 and 5535 of this title.
§102a. Transferred
Editorial Notes
Codification
Section 102a was editorially reclassified as section 4107 of this title.
§§103, 104. Omitted
Editorial Notes
Codification
Section 103, R.S. §62, authorized Secretary of Senate and Clerk of House to require disbursing officers subject to their authority to return analytical statements and receipts for expenditures and to communicate such returns annually to Congress. See sections 4108 and 5535 of this title.
Section 104, R.S. §63, required that all expenditures of Senate and House be made up to end of each fiscal year and reported to Congress at beginning of each regular session. See sections 4108 and 5535 of this title.
§104a. Transferred
Editorial Notes
Codification
Section 104a was editorially reclassified as section 4108 of this title.
§104b. Transferred
Editorial Notes
Codification
Section 104b was editorially reclassified as section 5535 of this title.
Statutory Notes and Related Subsidiaries
Reporting Payments Made to Witnesses Before Committee on Standards of Official Conduct
Pub. L. 105–275, title I, §105, Oct. 21, 1998, 112 Stat. 2439, which related to reporting payments made to witnesses before Committee on Standards of Official Conduct, was editorially reclassified as section 4713 of this title.
§104c. Transferred
Editorial Notes
Codification
Section 104c was editorially reclassified as section 5562 of this title.
§104d. Transferred
Editorial Notes
Codification
Section 104d was editorially reclassified as section 4702 of this title.
§104e. Transferred
Editorial Notes
Codification
Section 104e was editorially reclassified as section 4712 of this title.
§104f. Transferred
Editorial Notes
Codification
Section 104f was editorially reclassified as section 4728 of this title.
§104g. Transferred
Editorial Notes
Codification
Section 104g was editorially reclassified as section 4727 of this title.
§105. Transferred
Editorial Notes
Codification
Section 105 was editorially reclassified as section 4303 of this title.
§106. Transferred
Editorial Notes
Codification
Section 106 was editorially reclassified as section 6569 of this title.
§107. Transferred
Editorial Notes
Codification
Section 107 was editorially reclassified as section 6570 of this title.
§108. Transferred
Editorial Notes
Codification
Section 108 was editorially reclassified as section 6571 of this title.
§109. Transferred
Editorial Notes
Codification
Section 109 was editorially reclassified as section 4104 of this title.
§110. Transferred
Editorial Notes
Codification
Section 110 was editorially reclassified as section 4105 of this title.
§111. Transferred
Editorial Notes
Codification
Section 111 was editorially reclassified as section 4102 of this title.
§111a. Transferred
Editorial Notes
Codification
Section 111a was editorially reclassified as section 6625 of this title.
§111b. Transferred
Editorial Notes
Codification
Section 111b was editorially reclassified as section 4103 of this title.
§112. Transferred
Editorial Notes
Codification
Section 112 was editorially reclassified as section 6572 of this title.
§§112a to 112d. Repealed. Pub. L. 91–139, §2(a), Dec. 5, 1969, 83 Stat. 291
For subject matter of former sections 112a to 112d of this title, see section 5536 of this title.
Section 112a, acts Mar. 25, 1953, ch. 10, §1, 67 Stat. 7; Mar. 25, 1955, ch. 15, §§1, 2, 69 Stat. 13; Feb. 25, 1956, ch. 72, §1, 70 Stat. 30; July 26, 1961, Pub. L. 87–107, §1, 75 Stat. 221; Aug. 13, 1965, Pub. L. 89–122, 79 Stat. 517; Nov. 8, 1965, Pub. L. 89–342, 79 Stat. 1302, authorized electrical and mechanical office equipment for House Members, officers, and committees.
Section 112a–1, act Mar. 25, 1953, ch. 10, §2, as added Feb. 25, 1956, ch. 72, §2, 70 Stat. 31; amended July 26, 1961, Pub. L. 87–107, §2, 75 Stat. 221; Oct. 9, 1965, Pub. L. 89–248, 79 Stat. 968; Oct. 24, 1967, Pub. L. 90–116, 81 Stat. 337, related to supply of additional typewriters.
Section 112a–2, act Mar. 25, 1953, ch. 10, §3, as added Feb. 25, 1956, ch. 72, §2, 70 Stat. 31, provided for payment for equipment supplied.
Section 112b, act Mar. 25, 1953, ch. 10, §4, formerly §2, 67 Stat. 8, renumbered §4, Feb. 25, 1956, ch. 72, §2, 70 Stat. 31, provided for registration and ownership of equipment supplied.
Section 112c, act Mar. 25, 1953, ch. 10, §6, formerly §4, 67 Stat. 8, renumbered §6, Feb. 25, 1956, ch. 72, §2, 70 Stat. 31, defined "Member".
Section 112d, act Mar. 25, 1953, ch. 10, §7, formerly §5, 67 Stat. 8, renumbered §7, Feb. 25, 1956, ch. 72, §2, 70 Stat. 31, related to the issuance of rules and regulations.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective at beginning of first calendar month which commenced on or after Dec. 5, 1969, see section 3 of Pub. L. 91–139, set out as an Effective Date note under section 5536 of this title.
Savings Provision
Pub. L. 91–139, §2(b), Dec. 5, 1969, 83 Stat. 291, provided that: "The repeal by subsection (a) of this section of the joint resolution of March 25, 1953 [sections 112a to 112d of this title], does not deprive any Member, officer, or committee of the House of Representatives, or the Resident Commissioner from Puerto Rico, of entitlement to the continued possession and use of office equipment furnished, under any provision of that joint resolution, to that Member, officer, committee, or the Resident Commissioner from Puerto Rico, and in use on the effective date of this Act [see Effective Date note set out under section 5536 of this title]. However, the total value (less allowance for depreciation) of that equipment furnished to a Member or the Resident Commissioner under the first section and section 2 of the joint resolution of March 25, 1953, while in use by that Member or the Resident Commissioner on and after the effective date of this Act shall be taken into account for the purpose of determining the total value of equipment in use at any one time in the office of the Member or the Resident Commissioner under the regulations prescribed by the Committee on House Administration under the first section of this Act [section 5536 of this title]."
§112e. Transferred
Editorial Notes
Codification
Section 112e was editorially reclassified as section 5536 of this title.
§112f. Transferred
Editorial Notes
Codification
Section 112f was editorially reclassified as section 5509 of this title.
§112g. Transferred
Editorial Notes
Codification
Section 112g was editorially reclassified as section 5537 of this title.
§112h. Transferred
Editorial Notes
Codification
Section 112h was editorially reclassified as section 5538 of this title.
§113. Transferred
Editorial Notes
Codification
Section 113 was editorially reclassified as section 4109 of this title.
§114. Transferred
Editorial Notes
Codification
Section 114 was editorially reclassified as section 6575 of this title.
§115. Transferred
Editorial Notes
Codification
Section 115 was editorially reclassified as section 5563 of this title.
§116. Repealed. May 29, 1928, ch. 901, §1, 45 Stat. 995
Section, R.S. §72, related to accounting by the Secretaries, Clerks, Sergeant at Arms, Postmasters, and Doorkeepers of Senate and House for property of the Government in their possession.
§117. Transferred
Editorial Notes
Codification
Section 117 was editorially reclassified as section 6516 of this title.
§117a. Omitted
Editorial Notes
Codification
Section, acts July 1, 1941, ch. 268, 55 Stat. 454; June 8, 1942, ch. 396, 56 Stat. 338; June 28, 1943, ch. 173, title I, 57 Stat. 228; June 26, 1944, ch. 277, title I, 58 Stat. 343; June 13, 1945, ch. 189, 59 Stat. 248; July 1, 1946, ch. 530, 60 Stat. 397, related to depositing in Treasury sums received from sale of transcripts of House committee hearings, and applied only to fiscal years covered by such acts. Permanent provisions were enacted by act July 17, 1947, ch. 262, 61 Stat. 365, and classified to section 84b of this title.
§117b. Transferred
Editorial Notes
Codification
Section 117b was editorially reclassified as section 6630 of this title.
§117b–1. Transferred
Editorial Notes
Codification
Section 117b–1 was editorially reclassified as section 6517 of this title.
§117b–2. Transferred
Editorial Notes
Codification
Section 117b–2 was editorially reclassified as section 6631 of this title.
§117c. Transferred
Editorial Notes
Codification
Section 117c was editorially reclassified as section 6632 of this title.
§117d. Transferred
Editorial Notes
Codification
Section 117d was editorially reclassified as section 6626 of this title.
§117d–1. Transferred
Editorial Notes
Codification
Section 117d–1 was editorially reclassified as section 6627 of this title.
§117e. Transferred
Editorial Notes
Codification
Section 117e was editorially reclassified as section 5540 of this title.
§117f. Transferred
Editorial Notes
Codification
Section 117f was editorially reclassified as section 5539 of this title.
§117g. Transferred
Editorial Notes
Codification
Section 117g was editorially reclassified as section 4121 of this title.
§117h. Transferred
Editorial Notes
Codification
Section 117h was editorially reclassified as section 4122 of this title.
§117i. Transferred
Editorial Notes
Codification
Section 117i was editorially reclassified as section 2013 of this title.
§117j. Transferred
Editorial Notes
Codification
Section 117j was editorially reclassified as section 5541 of this title.
§117j–1. Transferred
Editorial Notes
Codification
Section 117j–1 was editorially reclassified as section 5542 of this title.
§117k. Transferred
Editorial Notes
Codification
Section 117k was editorially reclassified as section 5543 of this title.
§117l. Transferred
Editorial Notes
Codification
Section 117l was editorially reclassified as section 5544 of this title.
§117m. Transferred
Editorial Notes
Codification
Section 117m was editorially reclassified as section 5545 of this title.
§118. Transferred
Editorial Notes
Codification
Section 118 was editorially reclassified as section 5503 of this title.
§118a. Transferred
Editorial Notes
Codification
Section 118a was editorially reclassified as section 5504 of this title.
§119. Transferred
Editorial Notes
Codification
Section 119 was editorially reclassified as section 4106 of this title.
§119a. Repealed. Pub. L. 90–620, §3, Oct. 22, 1968, 82 Stat. 1309
Section, act July 2, 1954, ch. 455, 68 Stat. 397, provided that on and after July 2, 1954, the Senate Folding Room shall be known as the Senate Service Department. See section 740 of Title 44, Public Printing and Documents.
§120. Omitted
Editorial Notes
Codification
Section, act Feb. 23, 1927, ch. 168, §1, 44 Stat. 1150, changed the name of "clerk to Speaker's table" to "parliamentarian" and was omitted as executed.
§121. Transferred
Editorial Notes
Codification
Section 121 was editorially reclassified as section 2052 of this title.
§121a. Repealed. Pub. L. 105–275, title I, §6(h)(1), Oct. 21, 1998, 112 Stat. 2434
Section, Pub. L. 94–440, title I, §106, Oct. 1, 1976, 90 Stat. 1444; Pub. L. 95–26, title I, §107(a), May 4, 1977, 91 Stat. 85; Pub. L. 100–458, title I, §10(b), Oct. 1, 1988, 102 Stat. 2162, related to Senate Barber and Beauty Shops Revolving Fund.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective 30 days after Oct. 21, 1998, see section 6634(i) of this title.
§121b. Transferred
Editorial Notes
Codification
Section 121b was editorially reclassified as a note under section 6634 of this title.
§121b–1. Transferred
Editorial Notes
Codification
Section 121b–1 was editorially reclassified as section 6634 of this title.
§121c. Transferred
Editorial Notes
Codification
Section 121c was editorially reclassified as section 6635 of this title.
§121d. Transferred
Editorial Notes
Codification
Section 121d was editorially reclassified as section 6576 of this title.
§121e. Transferred
Editorial Notes
Codification
Section 121e was editorially reclassified as section 6515 of this title.
§121f. Transferred
Editorial Notes
Codification
Section 121f was editorially reclassified as section 2026 of this title.
§121g. Transferred
Editorial Notes
Codification
Section 121g was editorially reclassified as section 4123 of this title.
§122. Repealed. Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777
Section, acts July 2, 1954, ch. 455, title I, 68 Stat. 403; Sept. 7, 1957, Pub. L. 85–301, §1, 71 Stat. 622; Sept. 29, 1965, Pub. L. 89–211, §1(a), 79 Stat. 857, provided for office space in the home districts of House Members and the Resident Commissioner from Puerto Rico.
The repeal of this section is based on section 6(b) of House Resolution No. 687, Ninety-fifth Congress, Sept. 20, 1977, which was enacted into permanent law by Pub. L. 95–391.
Similar provisions were contained in the following prior appropriation acts:
Aug. 1, 1953, ch. 304, title I, 67 Stat. 325.
July 9, 1952, ch. 598, 66 Stat. 470.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Section 6(b) of House Resolution No. 687, Ninety-fifth Congress, Sept. 20, 1977, provided that the repeal of this section is applicable beginning on Jan. 3, 1978, upon the enactment of House Resolution No. 687 as permanent law, which was effected by Pub. L. 95–391, §111.
§122a. Repealed. Pub. L. 104–186, title II, §204(66), Aug. 20, 1996, 110 Stat. 1740
Section, acts July 2, 1954, ch. 455, title I, 68 Stat. 403; June 13, 1957, Pub. L. 85–54, 71 Stat. 82; H. Res. No. 831, Eighty-eighth Congress, Aug. 14, 1964, enacted into permanent law by act July 27, 1965, Pub. L. 89–90, §103, 79 Stat. 281, related to reimbursement of House Members for office expenses outside District of Columbia.
Statutory Notes and Related Subsidiaries
Reimbursement of Expenses of House Members; Member of House of Representatives and Member Defined
Section 302(a), (b), and (d) of H. Res. No. 287, Ninety-fifth Congress, Mar. 2, 1977, enacted into permanent law by Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668, which related to reimbursement to Members of House of Representatives for official expenses incurred in United States, was repealed by Pub. L. 104–186, title II, §203(20)(B), Aug. 20, 1996, 110 Stat. 1728.
§§122b to 122g. Repealed. Pub. L. 104–186, title II, §204(67), Aug. 20, 1996, 110 Stat. 1740
Section 122b, based on H. Res. No. 687, §1, Ninety-fifth Congress, Sept. 20, 1977, enacted into permanent law by Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777, related to leasing of office space in home districts of House Members.
Section 122c, based on H. Res. No. 687, §2, Ninety-fifth Congress, Sept. 20, 1977, enacted into permanent law by Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777, related to determination of annual amount which could be disbursed on behalf of each Member under former sections 122b to 122g of this title.
Section 122d, based on H. Res. No. 687, §3, Ninety-fifth Congress, Sept. 20, 1977, enacted into permanent law by Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777, related to authorization by Committee on House Administration of disbursements under former sections 122b to 122g of this title.
Section 122e, based on H. Res. No. 687, §4, Ninety-fifth Congress, Sept. 20, 1977, enacted into permanent law by Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777, related to furnishing office equipment, carpeting, and draperies.
Section 122f, based on H. Res. No. 687, §5, Ninety-fifth Congress, Sept. 20, 1977, enacted into permanent law by Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777, authorized Committee on House Administration to prescribe rules and regulations to carry out former sections 122b to 122g of this title.
Section 122g, based on H. Res. No. 687, §7, Ninety-fifth Congress, Sept. 20, 1977, enacted into permanent law by Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777, defined terms for purposes of former sections 122b to 122g of this title.
§123. Repealed. June 27, 1956, ch. 453, §105(m), 70 Stat. 372
Section, act Aug. 7, 1953, ch. 341, 67 Stat. 439, established a joint Senate and House Recording Facility revolving fund, provided for the disposition of monies, and required the coordinator of the Facility to give a penal bond.
§123a. Omitted
Editorial Notes
Codification
Section, act Aug. 5, 1955, ch. 568, §1, 69 Stat. 500, which established the basic annual compensation of the coordinator, Joint Recording Facility, has been omitted because of section 4131(l) of this title which abolished the Joint Recording Facility positions and salaries established pursuant to the Legislative Branch Appropriation Act, 1948, and all subsequent acts.
§123b. Transferred
Editorial Notes
Codification
Section 123b was editorially reclassified as section 4131 of this title.
§123b–1. Transferred
Editorial Notes
Codification
Section 123b–1 was editorially reclassified as section 4132 of this title.
§123c. Transferred
Editorial Notes
Codification
Section 123c was editorially reclassified as section 6618 of this title.
§123c–1. Transferred
Editorial Notes
Codification
Section 123c–1 was editorially reclassified as section 6619 of this title.
§123d. Transferred
Editorial Notes
Codification
Section 123d was editorially reclassified as section 6636 of this title.
§123e. Transferred
Editorial Notes
Codification
Section 123e was editorially reclassified as section 6577 of this title.
§124. Transferred
Editorial Notes
Codification
Section 124 was editorially reclassified as section 5606 of this title.
§125. Transferred
Editorial Notes
Codification
Section 125 was editorially reclassified as section 4553 of this title.
§125a. Transferred
Editorial Notes
Codification
Section 125a was editorially reclassified as section 4506 of this title. Section 38b of this title, which was identical to this section, was omitted from the Code.
§126. Repealed. Pub. L. 89–554, §8, Sept. 6, 1966, 80 Stat. 658
Section, act Sept. 1, 1954, ch. 1208, title VI, §603, 68 Stat. 1116, provided that official reporters of Senate proceedings and their employees be considered officers or employees of the legislative branch within section 2091(a) of former Title 5. See section 8701(a)(3) of Title 5, Government Organization and Employees.
§126–1. Omitted
Editorial Notes
Codification
Section, Pub. L. 89–90, July 27, 1965, 79 Stat. 265; Pub. L. 90–239, ch. IV, Jan. 2, 1968, 81 Stat. 774; Pub. L. 94–59, title I, July 25, 1975, 89 Stat. 270; Pub. L. 96–38, title I, §105(1), July 25, 1979, 93 Stat. 112, which authorized Secretary of Senate to employ one chief reporter of debates, seven reporters of debates, one assistant reporter of debates, two clerks, and six expert transcribers, was omitted because of section 6539 of this title which abolished all statutory positions in the Office of the Secretary of the Senate, with specified exceptions, effective Oct. 1, 1981, and authorized Secretary of Senate to appoint and fix compensation of such employees as appropriate.
§126–2. Transferred
Editorial Notes
Codification
Section 126–2 was editorially reclassified as section 6543 of this title.
§126a. Omitted
Editorial Notes
Codification
Section, Pub. L. 86–628, July 12, 1960, 74 Stat. 447, related to appointment of reporters, transcribers and other employees by Official Reporter of Debates of Senate. See section 6539 of this title.
§126b. Transferred
Editorial Notes
Codification
Section 126b was editorially reclassified as section 6544 of this title.
§127. Repealed. Pub. L. 92–51, July 9, 1971, 85 Stat. 129
Section, Pub. L. 87–130, Aug. 10, 1961, 75 Stat. 323; Pub. L. 89–90, July 27, 1965, 79 Stat. 269; Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 343, provided for reimbursement of transportation expenses of employees in Senator's office, authorizing eight round trips in any fiscal year and two additional mileage payments when office of Senator is from a State having a population of ten million or more inhabitants and requiring voucher certification of travel as being in line of official duty.
Similar provisions were contained in the following prior appropriation acts:
Act June 27, 1956, ch. 453, 70 Stat. 360, as amended by acts July 12, 1960, Pub. L. 86–628, 74 Stat. 449; Mar. 31, 1961, Pub. L. 87–14, title I, 75 Stat. 29.
Act Aug. 5, 1955, ch. 568, 69 Stat. 504.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 92–51 provided that the repeal is effective July 1, 1971.
§127a. Transferred
Editorial Notes
Codification
Section 127a was editorially reclassified as section 5342 of this title.
§127b. Transferred
Editorial Notes
Codification
Section 127b was editorially reclassified as section 4538 of this title.
§§128, 129. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 658, 659
Section 128, act Aug. 5, 1955, ch. 568, 69 Stat. 513, authorized contributions for group life insurance of House employees from House contingent fund. See section 8708 of Title 5, Government Organization and Employees.
Section 129, Pub. L. 85–75, July 1, 1957, 71 Stat. 248, authorized contributions to retirement and disability fund from House contingent fund. See section 8334 of Title 5.
§130. Repealed. Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777
Section, Pub. L. 87–730, §103, Oct. 2, 1962, 76 Stat. 693; H. Res. 163, Mar. 19, 1975; Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668, authorized payment of expenses of participation by House in interparliamentary institutions. See section 5581 of this title.
The repeal of this section is based on a part of section 2 of House Resolution No. 1047, Ninety-fifth Congress, Apr. 4, 1978, which was enacted into permanent law by Pub. L. 95–391.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Section 2 of House Resolution No. 1047, Ninety-fifth Congress, which was enacted into permanent law by Pub. L. 95–391, provided that the repeal is effective upon the enactment of House Resolution No. 1047 as permanent law, which was effected by Pub. L. 95–391, §111, effective Sept. 30, 1978.
Ninety-fifth Congress
Section 2 of House Resolution No. 1047, Ninety-fifth Congress, Apr. 4, 1978, enacted into permanent law by Pub. L. 95–391, provided that this section would not be effective in the Ninety-fifth Congress upon the adoption of H. Res. 1047.
Authorization for Payment of Expenses from Contingent Fund of House of Representatives for Participatory Activities
Section 1 of House Resolution No. 434, Ninety-fifth Congress, Mar. 31, 1977, enacted into permanent law by Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668, which provided that, until otherwise provided by law, there was to have been paid out of the contingent fund of the House of Representatives such sums as may have been necessary, but not to exceed $15,000 in any calendar year, for the payment of expenses incurred in carrying out this section, was repealed by section 2 of H. Res. 1047, Ninety-fifth Congress, Apr. 4, 1978, which was enacted into permanent law by section 111 of Pub. L. 95–391, effective Sept. 30, 1978.
§130–1. Transferred
Editorial Notes
Codification
Section 130–1 was editorially reclassified as section 5581 of this title.
§130–2. Transferred
Editorial Notes
Codification
Section 130–2 was editorially reclassified as section 5582 of this title.
§130a. Transferred
Editorial Notes
Codification
Section 130a was editorially reclassified as section 4504 of this title.
§130b. Transferred
Editorial Notes
Codification
Section 130b was editorially reclassified as section 4503 of this title.
§130c. Transferred
Editorial Notes
Codification
Section 130c was editorially reclassified as section 4593 of this title.
§130d. Transferred
Editorial Notes
Codification
Section 130d was editorially reclassified as section 4554 of this title.
§130e. Transferred
Editorial Notes
Codification
Section 130e was editorially reclassified as section 2172 of this title.
§130f. Transferred
Editorial Notes
Codification
Section 130f was editorially reclassified as section 5571 of this title.
§130g. Transferred
Editorial Notes
Codification
Section 130g was editorially reclassified as section 6616 of this title.
§130h. Transferred
Editorial Notes
Codification
Section 130h was editorially reclassified as section 5546 of this title.
§130i. Repealed. Pub. L. 112–74, div. G, title I, §105(1), Dec. 23, 2011, 125 Stat. 1123
Section, Pub. L. 107–117, div. B, §905, Jan. 10, 2002, 115 Stat. 2318, established House of Representatives Office of Emergency Planning, Preparedness, and Operations.
Statutory Notes and Related Subsidiaries
Transfer of House Emergency Planning, Preparedness, and Operations Functions to Sergeant at Arms
Pub. L. 112–74, div. G, title I, §105, Dec. 23, 2011, 125 Stat. 1123, provided that: "Effective February 1, 2010—
"(1) section 905 of the Emergency Supplemental Act, 2002 (2 U.S.C. 130i) is repealed; and
"(2) the functions and responsibilities of the Office of Emergency Planning, Preparedness and Operations under section 905 of such Act are transferred and assigned to the Sergeant at Arms of the House of Representatives."
§130j. Transferred
Editorial Notes
Codification
Section 130j was editorially reclassified as section 5531 of this title.
§130k. Transferred
Editorial Notes
Codification
Section 130k was editorially reclassified as section 5547 of this title.
§130l. Transferred
Editorial Notes
Codification
Section 130l was editorially reclassified as section 5591 of this title.
CHAPTER 5—LIBRARY OF CONGRESS
§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. §80; Feb. 19, 1897, ch. 265, §1, 29 Stat. 545, 546; Pub. L. 94–553, title I, §105(g), Oct. 19, 1976, 90 Stat. 2599; Pub. L. 100–202, §101(i) [title III, §310], Dec. 22, 1987, 101 Stat. 1329–290, 1329-310.)
Editorial Notes
Codification
R.S. §80 derived from act Jan. 26, 1802, ch. 2, 2 Stat. 128; Res. Oct. 21, 1814, No. 3, 3 Stat. 246; act Jan. 30, 1815, ch. 27, 3 Stat. 195; act June 25, 1864, ch. 147, §1, 13 Stat. 148; Res. July 25, 1866, No. 77, 14 Stat. 365; and act Mar. 2, 1867, ch. 167, §1, 14 Stat. 464.
Amendments
1987—Pub. L. 100–202 struck out after first sentence "The law library shall be preserved in the Capitol in the rooms which were on July 4, 1872, appropriated to its use, and in such others as may hereafter be assigned thereto."
1976—Pub. L. 94–553 substituted "acquisition of material under the copyright law" for "deposit to secure copyright".
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–553 effective Jan. 1, 1978, see section 102 of Pub. L. 94–553 set out as an Effective Date note preceding section 101 of Title 17, Copyrights.
Short Title of 2019 Amendment
Pub. L. 116–94, div. P, title XIV, §1401, Dec. 20, 2019, 133 Stat. 3206, provided that: "This title [amending sections 135a, 136a–2, and 166 of this title, sections 701, 802, and 803 of Title 17, Copyrights, and section 2103 of Title 20, Education, repealing section 135a–1 of this title and enacting provisions set out as a note under section 802 of Title 17] may be cited as the 'Library of Congress Technical Corrections Act of 2019'."
Pub. L. 116–94, div. P, title XVI, §1601, Dec. 20, 2019, 133 Stat. 3209, provided that: "This title [amending sections 185 and 1808 of this title and sections 3902 and 3903 of Title 44, Public Printing and Documents] may be cited as the 'Legislative Branch Inspectors General Independence Act of 2019'."
Transfer to Library Building
Provisions for the removal of the Library to the Library Building, erected pursuant to act Apr. 15, 1886, ch. 50, 24 Stat. 12, and for the custody, care, and maintenance of that building, were made by act Feb. 19, 1897.
Organizing and Microfilming of Presidential Papers; Appropriation
Pub. L. 85–147, Aug. 16, 1957, 71 Stat. 368, as amended by Pub. L. 87–263, Sept. 21, 1961, 75 Stat. 544; Pub. L. 88–299, Apr. 27, 1964, 78 Stat. 183, provided: "That the Librarian of Congress is authorized and directed to arrange, index and microfilm the papers of the Presidents of the United States in the collections of the Library of Congress, in order to preserve their contents against destruction by war or other calamity and for the purpose of making them more readily available for study and research to the fullest possible extent consistent with any existing limitations that may have been imposed on the use of or the access to such papers by their donors or by those placing them on deposit with the Library of Congress. Neither the United States nor any officer or employee of the United States shall be liable for damages for infringement of literary property rights by reason of any activity authorized by this Act.
"
§132. Departments of Library
The Library of Congress shall be arranged in two departments, a general library and a law library.
(R.S. §81.)
Editorial Notes
Codification
R.S. §81 derived from act July 14, 1832, ch. 221, §1, 4 Stat. 579.
§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. §82; Feb. 7, 1902, No. 5, 32 Stat. 735; Aug. 2, 1946, ch. 753, title II, §223, 60 Stat. 838.)
Editorial Notes
Codification
R.S. §82 derived from acts Apr. 24, 1800, ch. 37, §5, 2 Stat. 56, and Jan. 26, 1802, ch. 2, §6, 2 Stat. 129.
Amendments
1946—Act Aug. 2, 1946, changed composition of Joint Committee. See section 132b of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1946 Amendment
Amendment by act Aug. 2, 1946, effective Jan. 3, 1947, see section 245 of that act, set out as a note under section 4301 of this title.
§132a–1. Obligations for reimbursable and revolving fund activities; limitation
Effective for fiscal years beginning with fiscal year 1995, obligations for any reimbursable and revolving fund activities performed by the Library of Congress are limited to the total amounts provided (1) in the annual regular appropriations Act making appropriations for the legislative branch, or (2) in a supplemental appropriations Act that makes appropriations for the legislative branch.
(Pub. L. 103–69, title II, §206, Aug. 11, 1993, 107 Stat. 706.)
§132a–2. Furniture, furnishings, and office and library equipment; transfer of funds
(a) Transfer of funds
In addition to any other transfer authority provided by law, during fiscal year 2001 and fiscal years thereafter, the Librarian of Congress may transfer to and among available accounts of the Library of Congress amounts appropriated to the Librarian from funds for the purchase, installation, maintenance, and repair of furniture, furnishings, and office and library equipment.
(b) Availability of funds
Any amounts transferred pursuant to subsection (a) shall be merged with and be available for the same purpose and for the same period as the appropriation or account to which such amounts are transferred.
(c) Approval of Congress
The Librarian may transfer amounts pursuant to subsection (a) only with the approval of the Committees on Appropriations of the House of Representatives and Senate.
(Pub. L. 106–554, §1(a)(2) [title II, §209], Dec. 21, 2000, 114 Stat. 2763, 2763A-114.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2001.
§132a–3. Authority to transfer amounts between categories of appropriations
(a) In general
During fiscal year 2014 and any succeeding fiscal year, the Librarian of Congress may transfer amounts appropriated for the fiscal year between the categories of appropriations provided under law for the Library of Congress for the fiscal year, upon the approval of the Committees on Appropriations of the House of Representatives and Senate.
(b) Limitation
Not more than 10 percent of the total amount of funds appropriated to the account under any category of appropriations for the Library of Congress for a fiscal year may be transferred from that account by all transfers made under subsection (a).
(Pub. L. 113–76, div. I, title I, §1402, Jan. 17, 2014, 128 Stat. 431.)
§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, title II, §223, 60 Stat. 838; Pub. L. 104–186, title II, §205, Aug. 20, 1996, 110 Stat. 1742.)
Editorial Notes
Amendments
1996—Pub. L. 104–186 substituted "House Oversight" for "House Administration".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date
Section effective Jan. 3, 1947, see section 245 of act Aug. 2, 1946, set out as a note under section 4301 of this title.
Member of Committee With Respect to Financial Management and Budget and Program Development
Pub. L. 106–554, §1(a)(4) [div. A], Dec. 21, 2000, 114 Stat. 2763, 2763A-195, as amended by Pub. L. 109–13, div. A, title III, §3402(a), May 11, 2005, 119 Stat. 272; Pub. L. 109–289, div. B, title II, §20703(d)(6), as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 39, provided: "That notwithstanding any other provision of law, effective with the One Hundred Seventh Congress and each succeeding Congress the chair of the Subcommittee on the Legislative Branch of the Committee on Appropriations of the House of Representatives shall serve as a member of the Joint Committee on the Library with respect to the Library's financial management, organization, budget development and implementation, and program development and administration, as well as any other element of the mission of the Library of Congress which is subject to the requirements of Federal law."
§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, §2, 22 Stat. 592; Aug. 2, 1946, ch. 753, title II, §223, 60 Stat. 838.)
Editorial Notes
Amendments
1946—Act Aug. 2, 1946, changed composition of Joint Committee. See section 132b of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1946 Amendment
Amendment by act Aug. 2, 1946, effective Jan. 3, 1947, see section 245 of that act, set out as a note under section 4301 of this title.
§134. Incidental expenses of law library
The incidental expenses of the law library shall be paid out of the appropriations for the Library of Congress.
(R.S. §83.)
Editorial Notes
Codification
R.S. §83 derived from act July 14, 1832, ch. 221, §3, 4 Stat. 579.
§135. Purchase of books for law library
The Librarian shall make the purchases of books for the law library, under the direction of and pursuant to the catalogue furnished him by the Chief Justice of the Supreme Court.
(R.S. §84.)
Editorial Notes
Codification
R.S. §84 derived from act July 14, 1832, ch. 221, §4, 4 Stat. 579.
§135a. National library service for the blind and print disabled
(a) Accessible materials and reproducers
(1) In general
The Librarian of Congress is authorized to provide to eligible persons who are residents of the United States (including residents of the several States, insular possessions, and the District of Columbia) and to eligible persons who are United States citizens residing outside the United States the following items:
(A) Literary works published in raised characters, on sound-reproduction recordings, or in any other accessible format.
(B) Musical scores, instructional texts, and other specialized materials used in furthering educational, vocational, and cultural opportunities in the field of music published in any accessible format.
(C) Reproducers for such formats.
(2) Ownership
Any item provided under paragraph (1) shall be provided on a loan basis and shall remain the property of the Library of Congress.
(b) Lending preference
In the lending of items under subsection (a), the Librarian shall at all times give preference to—
(1) the needs of the blind and visually disabled; and
(2) the needs of eligible persons who have been honorably discharged from the Armed Forces of the United States.
(c) Network
The Librarian of Congress may contract or otherwise arrange with such public or other nonprofit libraries, agencies, or organizations as the Librarian may determine appropriate to serve as local or regional centers for the circulation of items described in subsection (a)(1).
(d) International service
The Librarian of Congress is authorized to provide items described in subparagraphs (A) and (B) of subsection (a)(1) to authorized entities located in a country that is a party to the Marrakesh Treaty, if any such items are delivered to authorized entities through online, not physical, means. The Librarian may contract or otherwise arrange with such authorized entities to deliver such items to eligible persons located in their countries in any accessible format and consistent with section 121A of title 17.
(e) Contracting preference
In the purchase and maintenance of items described in subsection (a), the Librarian of Congress, without regard to section 6101 of title 41, shall give preference to nonprofit institutions or agencies whose activities are primarily concerned with the blind and with other physically disabled persons, in all cases where, considering all the circumstances and needs involved, the Librarian determines that the prices submitted are fair and reasonable.
(f) Regulations
The Librarian of Congress shall prescribe regulations for services under this section, in consultation with eligible persons and authorized entities. Such regulations shall include procedures that shall be used by an individual to establish that the individual is an eligible person.
(g) Definitions
In this section—
(1) the terms "accessible format", "authorized entity", and "eligible person" have the meanings given those terms in section 121 of title 17; and
(2) the term "Marrakesh Treaty" has the meaning given in section 121A of such title 17.
(h) Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as may be necessary.
(Mar. 3, 1931, ch. 400, §1, 46 Stat. 1487; Mar. 4, 1933, ch. 279, 47 Stat. 1570; June 14, 1935, ch. 242, §1, 49 Stat. 374; Apr. 23, 1937, ch. 125, §1, 50 Stat. 72; June 7, 1939, ch. 191, 53 Stat. 812; June 6, 1940, ch. 255, 54 Stat. 245; Oct. 1, 1942, ch. 575, §1, 56 Stat. 764; June 13, 1944, ch. 246, §1, 58 Stat. 276; Aug. 8, 1946, ch. 868, §1, 60 Stat. 908; July 3, 1952, ch. 566, 66 Stat. 326; Pub. L. 85–308, §1, Sept. 7, 1957, 71 Stat. 630; Pub. L. 89–522, §1, July 30, 1966, 80 Stat. 330; Pub. L. 114–219, §1, July 29, 2016, 130 Stat. 845; Pub. L. 116–94, div. P, title XIV, §1403(a), Dec. 20, 2019, 133 Stat. 3206.)
Editorial Notes
Amendments
2019—Pub. L. 116–94 amended section generally. Prior to amendment, text read as follows: "There is authorized to be appropriated annually to the Library of Congress, in addition to appropriations otherwise made to said Library, such sums for expenditure under the direction of the Librarian of Congress as may be necessary to provide books published either in raised characters, on sound-reproduction recordings or in any other form, and for purchase, maintenance, and replacement of reproducers for any such forms, for the use of the blind and for other physically handicapped residents of the United States, including the several States, Territories, insular possessions, and the District of Columbia, all of which books, recordings, and reproducers will remain the property of the Library of Congress but will be loaned to blind and to other physically handicapped readers certified by competent authority as unable to read normal printed material as a result of physical limitations, under regulations prescribed by the Librarian of Congress for this service. In the purchase of books in either raised characters or in sound-reproduction recordings the Librarian of Congress, without reference to the provisions of section 6101 of title 41, shall give preference to nonprofit-making institutions or agencies whose activities are primarily concerned with the blind and with other physically handicapped persons, in all cases where the prices or bids submitted by such institutions or agencies are, by said Librarian, under all the circumstances and needs involved, determined to be fair and reasonable."
2016—Pub. L. 114–219 substituted "and for purchase, maintenance, and replacement of reproducers for any such forms" for "and for purchase, maintenance, and replacement of reproducers for such sound-reproduction recordings" in first sentence.
1966—Pub. L. 89–522 amended section generally, extending availability of books and materials under this section by authorizing their loan to other physically handicapped residents, in addition to blind persons, certified by competent authority as unable to read normal printed material as a result of physical limitations.
1957—Pub. L. 85–308 authorized annual appropriation of necessary sums in lieu of provisions which limited annual appropriation to $1,125,000, and struck out limitation of $200,000 on amount of appropriated funds to be expended annually for books in raised characters.
1952—Act July 3, 1952, included children within its provisions as well as adults.
1946—Act Aug. 8, 1946, increased annual appropriation from $500,000 to $1,125,000.
1944—Act June 13, 1944, increased annual appropriation from $370,000 to $500,000, the amount allocated to sound-reproduction records from $250,000 to $400,000, and struck out provision allocating $20,000 to maintenance and replacement of Government-owned reproducers.
1942—Act Oct. 1, 1942, substituted "$370,000" for "$350,000", and inserted clause at end of first sentence relating to expenditure of not exceeding $20,000 for maintenance and replacement of reproducers for sound-reproduction records.
1940—Act June 6, 1940, substituted "$350,000" for "$275,000" and "$250,000" for "$175,000".
1939—Act June 7, 1939, inserted last sentence.
1937—Act Apr. 23, 1937, substituted "$275,000" for "$175,000" in two places and "$175,000" for "$75,000".
1935—Act June 14, 1935, substituted "$175,000" for "$100,000" and inserted provision that $100,000 of the $175,000 annual appropriation be expended for books in raised characters and the balance for sound-reproduction records.
1933—Act Mar. 4, 1933, inserted "published either in raised characters, on sound-reproduction records, or in any other form".
Statutory Notes and Related Subsidiaries
Effective Date of 1957 Amendment
Pub. L. 85–308, §2, Sept. 7, 1957, 71 Stat. 630, provided that: "This Act [amending this section] shall be applicable with respect to the fiscal year ending June 30, 1958, and for each fiscal year thereafter."
Effective Date of 1946 Amendment
Act Aug. 8, 1946, ch. 868, §2, 60 Stat. 908, provided: "This Act [amending this section] shall be applicable with respect to the fiscal year ending June 30, 1947, and for each fiscal year thereafter."
Effective Date of 1944 Amendment
Act June 13, 1944, ch. 246, §2, 58 Stat. 276, provided: "This Act [amending this section] shall be applicable with respect to the fiscal year ending June 30, 1945, and for each fiscal year thereafter."
Effective Date of 1942 Amendment
Act Oct. 1, 1942, ch. 575, §2, 56 Stat. 764, provided: "This Act [amending this section] shall be applicable with respect to the fiscal year ending June 30, 1943, and for each fiscal year thereafter."
Effective Date of 1937 Amendment
Act Apr. 23, 1937, ch. 125, §2, 50 Stat. 72, provided that: "This Act [amending this section] shall be applicable with respect to the fiscal year ending June 30, 1938, and for each fiscal year thereafter."
§135a–1. Repealed. Pub. L. 116–94, div. P, title XIV, §1403(b), Dec. 20, 2019, 133 Stat. 3207
Section, Pub. L. 87–765, Oct. 9, 1962, 76 Stat. 763; Pub. L. 89–522, §2, July 30, 1966, 80 Stat. 331, related to library of musical scores, instructional texts, and other specialized materials for use of blind persons or other physically disabled residents. See section 135a of this title.
§135b. Local and regional centers; preference to blind and other physically handicapped veterans; rules and regulations; authorization of appropriations
(a) The Librarian of Congress may contract or otherwise arrange with such public or other nonprofit libraries, agencies, or organizations as he may deem appropriate to serve as local or regional centers for the circulation of (1) books, recordings, and reproducers referred to in section 135a of this title, and (2) musical scores, instructional texts, and other specialized materials referred to in section 135a–1 1 of this title, under such conditions and regulations as he may prescribe. In the lending of such books, recordings, reproducers, musical scores, instructional texts, and other specialized materials, preference shall at all times be given to the needs of the blind and of the other physically handicapped persons who have been honorably discharged from the Armed Forces of the United States.
(b) There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
(Mar. 3, 1931, ch. 400, §2, 46 Stat. 1487; Pub. L. 89–522, §1, July 30, 1966, 80 Stat. 330.)
Editorial Notes
References in Text
Section 135a–1 of this title, referred to in subsec. (a), was repealed by Pub. L. 116–94, div. P, title XIV, §1403(b), Dec. 20, 2019, 133 Stat. 3207. See section 135a of this title.
Amendments
1966—Pub. L. 89–522 extended Librarian's authority to arrange for local and regional centers by authorizing him to contract with public or other nonprofit libraries, agencies, or organizations, extended field to include recordings, reproducers, musical scores, instructional texts, and other materials, substituted "Armed Forces of the United States" for "United States military or naval service", and extended veteran preference to include other physically handicapped individuals in addition to blind persons.
1 See References in Text note below.
§136. Librarian of Congress; rules and regulations
The Librarian of Congress shall make rules and regulations for the government of the Library.
(Feb. 19, 1897, ch. 265, §1, 29 Stat. 544, 546; Pub. L. 92–310, title II, §220(f), June 6, 1972, 86 Stat. 204; Pub. L. 114–86, §3, Nov. 5, 2015, 129 Stat. 675.)
Editorial Notes
Prior Provisions
R.S. §§88, 89, 4950, which were repealed by acts Feb. 28, 1933, ch. 131, §1, 47 Stat. 1349; Mar. 3, 1933, ch. 202, §1, 47 Stat. 1428, 1431.
Amendments
2015—Pub. L. 114–86 struck out provisions relating to appointment of Librarian of Congress.
1972—Pub. L. 92–310 struck out provisions which required the Librarian of Congress to give a bond in the sum of $20,000.
Statutory Notes and Related Subsidiaries
Short Title of 2015 Amendment
Pub. L. 114–86, §1, Nov. 5, 2015, 129 Stat. 675, provided that: "This Act [enacting section 136–1 of this title and amending this section] may be cited as the 'Librarian of Congress Succession Modernization Act of 2015'."
§136–1. Appointment and term of service of Librarian of Congress
(a) In general
The President shall appoint the Librarian of Congress, by and with the advice and consent of the Senate.
(b) Term of service
The Librarian of Congress shall be appointed for a term of 10 years.
(c) Reappointment
An individual appointed to the position of Librarian of Congress, by and with the advice and consent of the Senate, may be reappointed to that position in accordance with subsections (a) and (b).
(d) Effective date
This section shall apply with respect to appointments made on or after November 5, 2015.
(Pub. L. 114–86, §2, Nov. 5, 2015, 129 Stat. 675.)
§§136a, 136a–1. Omitted
Editorial Notes
Codification
Sections were superseded by section 136a–2 of this title.
Section 136a, Pub. L. 88–426, title II, §203(c), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90–206, title II, §§219(2), 225(h), Dec. 16, 1967, 81 Stat. 639, 644; Pub. L. 94–82, title II, §204(b), Aug. 9, 1975, 89 Stat. 421, set compensation of Librarian of Congress at an annual rate equal to rate for positions at level IV of Executive Schedule.
A prior section 136a, acts Mar. 6, 1928, ch. 134, 45 Stat. 197; Oct. 15, 1949, ch. 695, §5(a), 63 Stat. 890, which contained similar provisions, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 647, 655.
Section 136a–1, Pub. L. 88–426, title II, §203(d), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90–206, title II §§219(3), 225(h), Dec. 16, 1967, 81 Stat. 639, 644; Pub. L. 94–82, title II, §204(b), Aug. 9, 1975, 89 Stat. 421, set compensation of Deputy Librarian of Congress at an annual rate equal to rate for positions at level V of Executive Schedule.
§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 the greater of the rate of pay in effect for level III of the Executive Schedule under section 5314 of title 5 or the maximum annual rate of basic pay payable under section 5376 of such title for positions at agencies with a performance appraisal system certified under section 5307(d) of such title.
(Pub. L. 98–63, title I, §904, July 30, 1983, 97 Stat. 336; Pub. L. 106–57, title II, §209(a), Sept. 29, 1999, 113 Stat. 424; Pub. L. 116–94, div. P, title XIV, §1404(a)(1), Dec. 20, 2019, 133 Stat. 3207.)
Editorial Notes
Amendments
2019—Par. (2). Pub. L. 116–94 amended par. (2) generally. Prior to amendment, text read as follows: "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."
1999—Pub. L. 106–57 amended section generally. Prior to amendment, section read as follows:
"(a) Subject to subsection (b) of this section and notwithstanding any other provision of law—
"(1) the compensation of the Librarian of Congress shall be at an annual rate 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, and
"(2) the compensation of the Deputy Librarian of Congress shall be at an annual rate which is equal to the annual rate of basic pay payable for positions at level IV of the Executive Schedule under section 5315 of title 5.
"(b) The limitations contained in section 306 of S. 2939, Ninety-seventh Congress, as made applicable by section 101(e) of Public Law 97–276 (as amended by section 128(a) of Public Law 97–377) shall, after application of section 128(b) of Public law 97–377, be applicable to the compensation of the Librarian of Congress and the Deputy Librarian of Congress, as fixed by subsection (a) of this section."
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Pub. L. 106–57, title II, §209(c), Sept. 29, 1999, 113 Stat. 424, provided that: "The amendments made by this section [amending this section and section 166 of this title] shall apply with respect to the first pay period which begins on or after the date of the enactment of this Act [Sept. 29, 1999] and each subsequent pay period."
Effective Date
Pub. L. 98–63, title I, §904(c), July 30, 1983, 97 Stat. 337, provided that subsec. (a) of this section was to take effect on the first day of the first applicable pay period commencing on or after July 30, 1983, prior to being omitted in the general amendment of section 904 of Pub. L. 98–63 by section 209(a) of Pub. L. 106–57.
Salary Increases
1987—Salaries of Librarian and Deputy Librarian increased respectively to $89,500 and $82,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of this title.
1977—Salaries of Librarian and Deputy Librarian increased respectively to $50,000 and $47,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of this title.
1969—Salaries of Librarian and Deputy Librarian increased respectively to $38,000 and $36,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of this title.
§136b. Omitted
Editorial Notes
Codification
Section, act July 17, 1947, ch. 262, 61 Stat. 372, related to maximum salary for any position in the Library. See section 162a of this title.
§136c. Authorized additional expenses and services for which Library of Congress salary appropriations are available
From and after October 1, 1983, appropriations in this Act available to the Library of Congress for salaries shall be available for expenses of personnel security and suitability investigations of Library employees; special and temporary services (including employees engaged by day or hour or in piecework); and services as authorized by section 3109 of title 5.
(Pub. L. 98–51, title II, §201, July 14, 1983, 97 Stat. 276.)
Editorial Notes
References in Text
This Act, referred to in text, is Pub. L. 98–51, July 14, 1983, 97 Stat. 263, known as the Legislative Branch Appropriations Act, 1984. See page 36 of Senate Report 98–161, 98th Congress, 1st Session, to accompany H.R. 3135, which became Pub. L. 98–51. For complete classification of this Act to the Code, see Tables.
§137. Use and regulation of law library
The justices of the Supreme Court shall have free access to the law library; and they are authorized to make regulations, not inconsistent with law, for the use of the same during the sittings of the court. But such regulations shall not restrict any person authorized to take books from the Library from having access to the law library, or using the books therein in the same manner as he may be entitled to use the books of the general Library.
(R.S. §95.)
Editorial Notes
Codification
R.S. §95 derived from act July 14, 1832, ch. 221, §2, 4 Stat. 579.
§§137a, 137b. Omitted
Editorial Notes
Codification
Section 137a, R.S. §94, related to persons specially privileged to use library. See last sentence of section 136 of this title, which gives Librarian of Congress power to make rules and regulations for government of library.
Section 137b, act Aug. 28, 1890, No. 41, 26 Stat. 678, which related to Interstate Commerce Commission and Chief of Army Engineering Corps, was omitted from the Code as superseded by the last sentence of section 136 of this title.
Statutory Notes and Related Subsidiaries
Joint Committee Report
With reference to former section 137a of this title, the Joint Committee on the Library, in an official report March 3, 1897 (54th Cong., 2d Sess., Senate Report 1573) declared:
"Heretofore the Joint Committee on the Library has had authority to approve such rules and regulations as have been made by the Librarian of Congress, but the provision of law under which the Joint Committee has hitherto passed upon said rules and regulations would appear to be repealed by the more recent act (section 136 of this title) which places this power in the hands of the Librarian of Congress."
§137c. Withdrawal of books from Library of Congress
The chief judge and associate judges of the United States Court of Appeals for the District of Columbia and the chief judge and associate judges of the United States District Court for the District of Columbia are authorized to use and take books from the Library of Congress in the same manner and subject to the same regulations as justices of the Supreme Court of the United States.
(Joint Res. No. 9, Jan. 27, 1894, 28 Stat. 577; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, §32(a), (b), 62 Stat. 991; May 24, 1949, ch. 139, §127, 63 Stat. 107.)
Statutory Notes and Related Subsidiaries
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted "United States District Court for the District of Columbia" for "District Court of the United States for the District of Columbia", "chief judge" for "chief justice" and "associate judges" for "associate justices" wherever appearing.
Act June 25, 1936, substituted "District Court of the United States for the said District" for "Supreme Court for the said District".
Act June 7, 1934, substituted "United States Court of Appeals for the District of Columbia" for "Court of Appeals of the District of Columbia".
§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, §1, 25 Stat. 262.)
§139. Omitted
Editorial Notes
Codification
Section, acts Feb. 19, 1897, ch. 265, §1, 29 Stat. 546; Pub. L. 94–273, §30, Apr. 21, 1976, 90 Stat. 380, which required the Librarian of Congress to make an annual report to Congress on the affairs of the Library, including copyright business and a detailed statement of receipts and expenditures, 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.
§140. Employees; fitness
All persons employed in and about said Library of Congress under the Librarian shall be appointed solely with reference to their fitness for their particular duties.
(Feb. 19, 1897, ch. 265, §1, 29 Stat. 545; June 29, 1922, ch. 251, §1, 42 Stat. 715.)
Editorial Notes
Codification
Act June 29, 1922, §1, cited as a credit to this section, which transferred duties of the Superintendent of the Library Building and Grounds to the Architect of the Capitol and the Librarian of Congress and provided for appointment of employees, was amended generally by Pub. L. 108–7, div. H, title I, §1208(a), Feb. 20, 2003, 117 Stat. 375, and no longer relates to this subject matter.
§141. Allocation of responsibilities for Library buildings and grounds
(a) Architect of the Capitol
(1) In general
The Architect of the Capitol shall have charge of all work at the Library of Congress buildings and grounds (as defined in section 167j of this title) that affects—
(A) the structural integrity of the buildings;
(B) buildings systems, including mechanical, electrical, plumbing, and elevators;
(C) the architectural features of the buildings;
(D) compliance with building and fire codes, laws, and regulations with respect to the specific responsibilities set for 1 under this paragraph;
(E) the care and maintenance of Library grounds; and
(F) purchase of all equipment necessary to fulfill the responsibilities set forth under this paragraph.
(2) Employees
The employees required for the performance of the duties under paragraph (1) shall be appointed by the Architect of the Capitol.
(b) Librarian of Congress
The Librarian of Congress shall have charge of all work (other than work under subsection (a)) at the Library of Congress buildings and grounds.
(c) Transfer of funds
The Architect of the Capitol and the Librarian of Congress may enter into agreements with each other to perform work under this section, and, subject to the approval of the Committees on Appropriations of the House of Representatives and the Senate and the Joint Committee on the Library, may transfer between themselves appropriations or other available funds to pay the costs therefor.
(June 29, 1922, ch. 251, §1, 42 Stat. 715; Pub. L. 91–280, June 12, 1970, 84 Stat. 309; Pub. L. 101–520, title II, §205(b), Nov. 5, 1990, 104 Stat. 2272; Pub. L. 101–562, §2(a), Nov. 15, 1990, 104 Stat. 2780; Pub. L. 108–7, div. H, title I, §1208(a), Feb. 20, 2003, 117 Stat. 375.)
Editorial Notes
Amendments
2003—Pub. L. 108–7 inserted section catchline and amended text generally. Prior to amendment, text read as follows: "The Architect of the Capitol shall have charge of all structural work at the Library of Congress buildings and grounds (as defined in section 167j of this title), including all necessary repairs, the operation, maintenance, and repair of the mechanical plant and elevators, the care and maintenance of the grounds, and the purchasing of all equipment other than office equipment. The employees required for the performance of the foregoing duties shall be appointed by the Architect of the Capitol. All other duties on June 29, 1922, required to be performed by the Superintendent of the Library Building and Grounds shall be performed under the direction of the Librarian of Congress, who shall appoint the employees necessary therefor. The Librarian of Congress shall provide for the purchase and supply of office equipment and furniture for library purposes."
1990—Pub. L. 101–520 and Pub. L. 101–562 made substantively identical amendments, substituting reference to the Library of Congress buildings and grounds (as defined in section 167j of this title) for reference to the Library Building and on the grounds.
1970—Pub. L. 91–280 substituted "purchasing of all equipment other than office equipment" for "purchasing and supplying of all furniture and equipment for the building" in second sentence and inserted sentence at end.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Pub. L. 108–7, div. H, title I, §1208(b), Feb. 20, 2003, 117 Stat. 376, provided that: "The amendments made by this section [amending this section and section 142 of this title] shall apply to fiscal year 2003 and each fiscal year thereafter."
Effective Date of 1990 Amendments
Amendment by Pub. L. 101–520 and 101–562 effective on date [Nov. 6, 1991] Architect of the Capitol acquires the property and improvements described in Pub. L. 101–520, §205(a), and Pub. L. 101–562, §1, see section 205(e) of Pub. L. 101–520 and former section 2(d) of Pub. L. 101–562, set out as a Special Facilities Center; Acquisition note below.
Acquisition of Real Property for Library of Congress
Pub. L. 105–144, Dec. 15, 1997, 111 Stat. 2667, as amended by Pub. L. 106–554, §1(a)(2) [title II, §207], Dec. 21, 2000, 114 Stat. 2763, 2763A-114; Pub. L. 108–83, title I, §1203(a), Sept. 30, 2003, 117 Stat. 1031, provided that:
"SECTION 1. ACQUISITION OF FACILITY IN CULPEPER, VIRGINIA.
"(a)
"(1) Three parcels totaling approximately 45 acres, more or less, located in Culpeper County, Virginia, and identified as Culpeper County Tax Parcel Numbers 51–80B, 51–80C, and 51–80D, further described as real estate (consisting of 40.949 acres) conveyed to David and Lucile Packard Foundation by deed from Federal Reserve Bank of Richmond, dated May 15, 1998, and recorded May 19, 1998, in the Clerk's Office, Circuit Court of Culpeper County, Virginia, in Deed Book 644, page 372; and real estate (consisting of 4.181 acres) conveyed to Packard Humanities Institute by deed from Russell H. Inskeep, dated February 13, 2002, and recorded February 13, 2002, in the Clerk's Office, Circuit Court of Culpeper County, Virginia, as instrument number 020001299.
"(2) Improvements to such real property.
"(b)
"(c)
"SEC. 2. LIBRARY BUILDINGS AND GROUNDS.
"[Amended section 167j of this title.]
"SEC. 3. ACCEPTANCE OF TRANSFERRED GIFTS OR TRUST FUNDS.
"Gifts or trust funds given to the Library or the Library of Congress Trust Fund Board for the structural and mechanical work and refurbishment of Library buildings and grounds specified in section 1 shall be transferred to the Architect of the Capitol to be spent in accordance with the provisions of the first section of the Act of June 29, 1922 (2 U.S.C. 141).
"SEC. 4. FUND FOR TRANSFERRED FUNDS.
"There is established in the Treasury of the United States a fund consisting of those gifts or trust funds transferred to the Architect of the Capitol under section 3. Upon prior approval of the Committee on House Oversight [now Committee on House Administration] of the House of Representatives and Committee on Rules and Administration of the Senate, amounts in the fund shall be available to the Architect of the Capitol, subject to appropriation, to remain available until expended, for the structural and mechanical work and refurbishment of Library buildings and grounds. Such funds shall be available for expenditure in fiscal year 1998, subject to the prior approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate.
"SEC. 5. EFFECTIVE DATE.
"(a)
"(b)
Transfer of Property by Secretary of Army To Provide Facilities To Accommodate Long-Term Storage and Service Needs
Pub. L. 103–110, §122, Oct. 21, 1993, 107 Stat. 1043, provided that:
"(a) Notwithstanding any other provision of law, the Secretary of the Army shall transfer, no later than September 30, 1994, without reimbursement or transfer of funds, to the Architect of the Capitol, a portion of the real property, including improvements thereon, consisting of not more than 100 acres located at Fort George G. Meade in Anne Arundel County, Maryland, as determined under subsection (c).
"(b) The Architect of the Capitol shall, upon completion of the survey performed pursuant to subsection (c) and the transfer effected pursuant to subsection (a), utilize the transferred property to provide facilities to accommodate the varied long-term storage and service needs of the Library of Congress and other Legislative Branch agencies.
"(c) The exact acreage and legal description of the property to be transferred under this section shall be determined by a survey satisfactory to the Architect of the Capitol and the Secretary of the Army, and in consultation with officials of Anne Arundel County, Maryland.
"(d) Any real property and improvements thereon transferred pursuant to this section shall be under the jurisdiction of the Architect of the Capitol, subject to the rules and regulations providing for the use of such property as may be approved by the House Office Building Commission and the Senate Committee on Rules and Administration: Provided, That any existing improvements made available by the Architect to the Librarian of Congress, under the direction of the Joint Committee on the Library, or hereafter erected upon such real property pursuant to law for the purposes of providing for the long-term storage and service needs of the Library of Congress shall be subject to the provisions of sections 136, 141 and 167 to 167j of title 2, United States Code.
"(e) Portions of the real property and any improvements thereon transferred pursuant to this section that are not determined to be immediately required for storage or service needs by the Architect are authorized to be leased temporarily to the Secretary of the Army: Provided, That nominal lease payments made by the Secretary of the Army shall be credited to the appropriation 'Architect of the Capitol, Library Buildings and Grounds, Structural and Mechanical Care, No Year'.
"(f) There are authorized to be appropriated to the Architect of the Capitol such sums as may be necessary to carry out the provisions of this section."
Special Facilities Center; Temporary Restriction on Evening Use
Pub. L. 102–451, §4, Oct. 23, 1992, 106 Stat. 2253, provided that: "No evening meetings may be held at the Library of Congress Special Facilities Center until an on-site parking plan for the property is approved by the Joint Committee on the Library."
Special Facilities Center; Acquisition
Pub. L. 101–520, title II, §205, Nov. 5, 1990, 104 Stat. 2272, as amended by Pub. L. 102–451, §§1–3, Oct. 23, 1992, 106 Stat. 2253, provided that:
"(a) The Architect of the Capitol may acquire on behalf of the United States Government by purchase, condemnation, transfer, or otherwise (1) all publicly or privately owned real property in lot 51 in square 869 in the District of Columbia, as that lot appears on the records in the office of the Surveyor of the District of Columbia on August 1, 1990, extending to the outer face of the curbs of the square in which it is located and including all alleys or parts of alleys and streets within the lot lines and curb lines surrounding such real property, and (2) improvements to such real property. The property acquired under this section shall be known as the 'Library of Congress Special Facilities Center' (hereinafter in this section referred to as the 'Center').
"(b) [Amended section 141 of this title.]
"(c) The property and improvements acquired under subsection (a) shall be repaired and altered, to the maximum extent feasible as determined by the Architect of the Capitol, in compliance with one of the nationally recognized model building codes and with other applicable nationally recognized codes (including electrical codes, fire and life safety codes, plumbing codes, as determined appropriate by the Architect), using the latest edition of the nationally recognized codes referred to in this paragraph.
"(d) [Amended section 167j of this title.]
"(e) Subsections (b) and (c) and the amendment made by subsection (d) shall take effect on the date [Nov. 6, 1991] the Architect of the Capitol acquires the property and improvements described in subsection (a).
"(f) There is authorized to be appropriated to the Architect of the Capitol $5,000,000 for carrying out the purposes of this section, to remain available until expended.
"(g) Effective on the date [Nov. 6, 1991] on which the Architect of the Capitol acquires the property known as St. Cecilia's School (Lot 51 in square 869) in the District of Columbia, as provided by law, such property shall be available to the Librarian of Congress for use—
"(1) as a day care center for children of employees of the Library of Congress and children of other employees of the legislative branch of the Government;
"(2) for staff training and development for employees of the Library of Congress;
"(3) for external training;
"(4) for general assembly and education programs of the Library;
"(5) for temporary living quarters and common areas for visiting scholars using the collections of the Library or participating in the programs of the Library; and
"(6) for other purposes relating to the operations of the Library of Congress.
Any use of such property shall be subject to approval by the Joint Committee on the Library, the Committee on House Administration of the House of Representatives, and the Committee on Rules and Administration of the Senate.
"(h)(1) The Librarian of Congress—
"(A) may charge fees for use of the Center under paragraphs (3), (4), and (5) of subsection (g); and
"(B) shall deposit the fees in the fund under paragraph (2).
"(2) There is established in the Treasury a fund which shall consist of amounts deposited under paragraph (1) and such other amounts as may be appropriated to the fund. The fund shall be—
"(A) available to the Librarian of Congress, in amounts specified in appropriations Acts, for the expenses of the Center; and
"(B) subject to audit by the Comptroller General at the discretion of the Comptroller General."
Similar provisions were contained in Pub. L. 101–562, §§1, 2, 4, Nov. 15, 1990, 104 Stat. 2780, 2781, which was repealed by Pub. L. 102–451, §5, Oct. 23, 1992, 106 Stat. 2254, eff. Nov. 15, 1990.
Additional Building for Library of Congress
Pub. L. 86–469, May 14, 1960, 74 Stat. 132, authorized Architect of the Capitol, under direction and supervision of Joint Committee on the Library, to prepare preliminary plans and estimates of cost for an additional building for Library of Congress.
Library of Congress Thomas Jefferson Building
Pub. L. 104–208, div. A, title V, §5402, Sept. 30, 1996, 110 Stat. 3009–511, provided that: "The Founders Hall instructional area in the House of Representatives Page School, located in the Thomas Jefferson Building of the Library of Congress, shall be known and designated as 'Bill Emerson Hall'."
Pub. L. 96–269, §1, June 13, 1980, 94 Stat. 486, provided: "That the building in the block bounded by East Capitol Street, Second Street Southeast, Independence Avenue Southeast, and First Street Southeast, in the District of Columbia (commonly known as the Library of Congress Building or the Library of Congress Main Building), shall hereafter be known and designated as the 'Library of Congress Thomas Jefferson Building'. Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the Library of Congress Thomas Jefferson Building."
Pub. L. 94–264, Apr. 13, 1976, 90 Stat. 329, which had designated the Library of Congress Annex as the Library of Congress Thomas Jefferson Building, was repealed by Pub. L. 96–269, §3, June 13, 1980, 94 Stat. 486, as part of the redesignation of that building as the Library of Congress John Adams Building and the designation of the main building of the Library of Congress as the Library of Congress Thomas Jefferson Building.
Library of Congress John Adams Building
Pub. L. 96–269, §2, June 13, 1980, 94 Stat. 486, provided that: "The building in the block bounded by East Capitol Street, Second Street Southeast, Third Street Southeast, and Pennsylvania Avenue Southeast, in the District of Columbia (commonly known as the Library of Congress Thomas Jefferson Building or the Library of Congress Annex Building), shall hereafter be known and designated as the 'Library of Congress John Adams Building'. Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the Library of Congress John Adams Building."
Library of Congress James Madison Memorial Building
Pub. L. 91–214, §2, Mar. 16, 1970, 84 Stat. 69, provided that: "Nothing contained in the Act of October 19, 1965 (79 Stat. 986) [set out as a note under this section], shall be construed to authorize the use of the third Library of Congress building authorized by such Act for general office building purposes."
Pub. L. 89–260, Oct. 19, 1965, 79 Stat. 987, as amended by Pub. L. 91–214, §1, Mar. 16, 1970, 84 Stat. 69; Pub. L. 94–219, Feb. 27, 1976, 90 Stat. 194; Pub. L. 95–548, Oct. 30, 1978, 92 Stat. 2064, provided: "That (a) the Architect of the Capitol under the direction jointly of the House Office Building Commission, the Senate Office Building Commission, and the Joint Committee on the Library, after consultation with a committee designated by the American Institute of Architects, is authorized and directed to construct (including, but not limited to, the preparation of all necessary designs, plans, and specifications) in square 732 in the District of Columbia a third Library of Congress fireproof building, which shall be known as the Library of Congress James Madison Memorial Building. The design of such building shall include a Madison Memorial Hall and shall be in keeping with the prevailing architecture of the Federal buildings on Capitol Hill. The Madison Memorial Hall shall be developed in consultation with the James Madison Memorial Commission.
"(b) In carrying out his authority under this joint resolution, the Architect of the Capitol, under the direction jointly of the House Office Building Commission, the Senate Office Building Commission, and the Joint Committee on the Library, is authorized (1) to provide for such equipment, such connections with the Capitol Power Plant and other utilities, such access facilities over or under public streets, such changes in the present Library of Congress buildings, such changes in or additions to the present tunnels, and such other appurtenant facilities, as may be necessary, and (2) to do such landscaping as may be necessary by reason of the construction authorized by this joint resolution.
"
"
"There is also authorized to be appropriated not exceeding $10,000 to pay the expenses of the James Madison Memorial Commission."
1 So in original. Probably should be "forth".
§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 6101 of title 41. 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.)
Editorial Notes
Codification
In text, "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Section is from the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§141b. Collections, physical security, control, and preservation of order and decorum within the library
(a) Establishment of regulations
The Librarian of Congress shall establish standards and regulations for the physical security, control, and preservation of the Library of Congress collections and property, and for the maintenance of suitable order and decorum within Library of Congress.
(b) Treatment of security systems
(1) Responsibility for security systems
In accordance with the authority of the Capitol Police and the Librarian of Congress established under this Act, the amendments made by this Act, and the provisions of law referred to in paragraph (3), the Chief of the Capitol Police and the Librarian of Congress shall be responsible for the operation of security systems at the Library of Congress buildings and grounds described under section 167j of this title, in consultation and coordination with each other, subject to the following:
(A) The Librarian of Congress shall be responsible for the design of security systems for the control and preservation of Library collections and property, subject to the review and approval of the Chief of the Capitol Police.
(B) The Librarian of Congress shall be responsible for the operation of security systems at any building or facility of the Library of Congress which is located outside of the District of Columbia, subject to the review and approval of the Chief of the Capitol Police.
(2) Initial proposal for operation of systems
Not later than October 1, 2008, the Chief of the Capitol Police, in coordination with the Librarian of Congress, shall prepare and submit to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate an initial proposal for carrying out this subsection.
(3) Provisions of law
The provisions of law referred to in this paragraph are as follows:
(A) Section 141 of this title.
(B) Section 141a of this title.
(C) Section 1964 of this title.
(D) Section 1965 of this title.
(Pub. L. 110–161, div. H, title I, §1004(e), Dec. 26, 2007, 121 Stat. 2234; Pub. L. 110–178, §5, Jan. 7, 2008, 121 Stat. 2552; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
Editorial Notes
References in Text
This Act, referred to in subsec. (b)(1), is Pub. L. 110–178, Jan. 7, 2008, 121 Stat. 2546, known as the U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note under section 1901 of this title and Tables.
Codification
Pub. L. 110–161, div. H, title I, §1004(e), and Pub. L. 110–178, §5, enacted substantially identical provisions. This section is based on text of section 5 of Pub. L. 110–178. Pub. L. 110–161, §1004, was repealed by Pub. L. 111–145.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.
§142. Omitted
Editorial Notes
Codification
Section, acts June 29, 1922, ch. 251, §1, 42 Stat. 715; Nov. 5, 1990, Pub. L. 101–520, title III, §307, 104 Stat. 2277; Pub. L. 108–7, div. H, title I, §1208(a), Feb. 20, 2003, 117 Stat. 375, established office of administrative assistant and disbursing officer of Library of Congress which was abolished by section 142a of this title. As amended generally by Pub. L. 108–7, section no longer relates to office of administrative assistant and disbursing officer. See section 141 of this title.
§142a. Office of administrative assistant and disbursing officer in Library of Congress abolished; transfer of duties to appointee of Librarian
From and after June 10, 1928, the office of administrative assistant and disbursing officer of the Library of Congress, created by section 142 of this title, is abolished and thereafter the duties required to be performed by the administrative assistant and disbursing officer shall be performed, under the direction of the Librarian of Congress, by such persons as the Librarian may appoint for those purposes.
(May 11, 1928, ch. 521, 45 Stat. 497; Pub. L. 92–310, title II, §220(h), June 6, 1972, 86 Stat. 205.)
Editorial Notes
References in Text
Section 142 of this title, referred to in text, was omitted from the Code.
Amendments
1972—Pub. L. 92–310 struck out provisions which required the person disbursing appropriations for Library of Congress and Botanic Garden to give a bond in sum of $30,000.
Executive Documents
Transfer of Functions
Disbursement functions of all Government agencies, except Departments of the Army, Navy, and Air Force and Panama Canal transferred to Division of Disbursements, Treasury Department, by Ex. Ord. No. 6166, §4, June 10, 1933, and Ex. Ord. No. 6728, May 29, 1934.
Division subsequently consolidated with other agencies into Fiscal Service in Treasury Department by Reorg. Plan No. III of 1940, §1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231. See section 306 of Title 31, Money and Finance.
§142b. Certifying officers of the Library of Congress; accountability; relief by Comptroller General
On and after June 13, 1957, each officer and employee of the Library of Congress, including the Copyright Office, who has been duly authorized in writing by the Librarian of Congress to certify vouchers for payment from appropriations and funds, shall (1) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting papers and for the legality of the proposed payment under the appropriation or fund involved; (2) [Repealed]; (3) be held responsible and accountable for the correctness of the computations of certified vouchers; and (4) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds (1) that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained, the actual facts, or (2) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 3726 of title 31, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions.
(Pub. L. 85–53, §1, June 13, 1957, 71 Stat. 81; Pub. L. 92–310, title II, §220(k), June 6, 1972, 86 Stat. 205.)
Editorial Notes
Codification
"Section 3726 of title 31" substituted in text for "title III, part II, section 322, of the Transportation Act of 1940, approved September 18, 1940 [31 U.S.C. 244]" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Amendments
1972—Pub. L. 92–310 struck out provisions which required officers and employees of Library who are authorized to certify vouchers for payment to give a bond.
§142c. Enforcement of liability of certifying officers of Library of Congress
The liability of these certifying officers or employees shall be enforced in the same manner and to the same extent as now provided by law with respect to enforcement of the liability of disbursing and other accountable officers; and they shall have the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment on any vouchers presented to them for certification.
(Pub. L. 85–53, §2, June 13, 1957, 71 Stat. 81.)
§142d. Disbursing officer of the Library of Congress; disbursements in accordance with voucher; examination of vouchers; liability
The disbursing officer of the Library of Congress shall (1) disburse moneys of the Library of Congress only upon, and in strict accordance with, vouchers duly certified by the Librarian of Congress or by an officer or employee of the Library of Congress duly authorized in writing by the Librarian to certify such vouchers; (2) make such examination of vouchers as may be necessary to ascertain whether they are in proper form, and duly certified and approved; and (3) be held accountable accordingly: Provided, That the disbursing officer shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which, under section 142b of this title, is imposed upon a certifying officer or employee of the Library of Congress.
(Pub. L. 85–53, §3, June 13, 1957, 71 Stat. 81.)
§142e. Disbursing Officer of the Library of Congress; disbursements for Congressional Budget Office, accountability; financial management support to Congressional Budget Office under agreement of Librarian of Congress and Director of Congressional Budget Office; Congressional Budget Office certifying officers: voucher certifications, accountability, relief by Comptroller General
From and after January 1, 1976, the Disbursing Officer of the Library of Congress is authorized to disburse funds appropriated for the Congressional Budget Office, and the Library of Congress shall provide financial management support to the Congressional Budget Office as may be required and mutually agreed to by the Librarian of Congress and the Director of the Congressional Budget Office. The Library of Congress is further authorized to compute and disburse the basic pay of all personnel of the Congressional Budget Office pursuant to the provisions of section 5504 of title 5, except the Director, who as head of an agency, shall have pay computed and disbursed pursuant to the provisions of section 5505 of title 5.
All vouchers certified for payment by duly authorized certifying officers of the Library of Congress shall be supported with a certification by an officer or employee of the Congressional Budget Office duly authorized in writing by the Director of the Congressional Budget Office to certify payments from appropriations of the Congressional Budget Office. The Congressional Budget Office certifying officers shall (1) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting paper and the legality of the proposed payment under the appropriation or fund involved, (2) be held responsible and accountable for the correctness of the computations of certifications made, and (3) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds (1) that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained the actual facts, or (2) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 3726 of title 31, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions.
The Disbursing Officer of the Library of Congress shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which is imposed upon a certifying officer or employee of the Congressional Budget Office.
(Pub. L. 96–536, §101(c), Dec. 16, 1980, 94 Stat. 3167.)
Editorial Notes
Codification
In the second par., "section 3726 of title 31" substituted for "section 244 of title 31" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Section is based on section 207 of title II of H.R. 7593, as passed the House of Representatives on July 21, 1980, and incorporated by reference in section 101(c) of Pub. L. 96–536, to be effective as if enacted into law.
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 96–86, §101(c) [H.R. 4390, title II, §207], Oct. 12, 1979, 93 Stat. 657.
Pub. L. 95–391, title II, §207, Sept. 30, 1978, 92 Stat. 786.
Pub. L. 95–94, title II, §207, Aug. 5, 1977, 91 Stat. 678.
Pub. L. 94–440, title VIII, §808, Oct. 1, 1976, 90 Stat. 1458.
Pub. L. 94–157, title I, ch. IV, Dec. 18, 1975, 89 Stat. 835.
§142f. Office of Technology Assessment; disbursement of funds, computation and disbursement of basic pay, and provision of financial management support by Library of Congress
From and after October 1, 1981, the Disbursing Officer of the Library of Congress is authorized to disburse funds appropriated for the Office of Technology Assessment, and the Library of Congress shall provide financial management support to the Office of Technology Assessment as may be required and mutually agreed to by the Librarian of Congress and the Director of the Office of Technology Assessment. The Library of Congress is further authorized to compute and disburse the basic pay of all personnel of the Office of Technology Assessment pursuant to the provisions of section 5504 of title 5.
All vouchers certified for payment by duly authorized certifying officers of the Library of Congress shall be supported with a certification by an officer or employee of the Office of Technology Assessment duly authorized in writing by the Director of the Office of Technology Assessment to certify payments from appropriations of the Office of Technology Assessment. The Office of Technology Assessment certifying officers shall (1) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting paper and the legality of the proposed payment under the appropriation or fund involved, (2) be held responsible and accountable for the correctness of the computations of certifications made, and (3) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds (1) that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained the actual facts, or (2) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 3726 of title 31, whenever he finds that the overpayment occurred solely because of 1 the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions.
The Disbursing Officer of the Library of Congress shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which is imposed upon a certifying officer or employee of the Office of Technology Assessment.
(Pub. L. 97–51, §101(c), Oct. 1, 1981, 95 Stat. 959.)
Editorial Notes
Codification
In the second par., "section 3726 of title 31" substituted for "section 244 of title 31" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Section is based on section 205 of title II of H.R. 4120, as reported July 9, 1981, and incorporated by reference in section 101(c) of Pub. L. 97–51, to be effective as if enacted into law.
1 So in original. The word "of" probably should not appear.
§142g. Copyright Royalty Tribunal; computation and disbursement of pay of Tribunal personnel by Library of Congress
From and after October 1, 1983, the Library of Congress is authorized to compute and disburse basic pay of all personnel of the Copyright Royalty Tribunal pursuant to the provisions of section 5504 of title 5.
(Pub. L. 98–51, title II, §204, July 14, 1983, 97 Stat. 277.)
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 97–276, §101(e) [S. 2939, title II, §204], Oct. 2, 1982, 96 Stat. 1189.
Pub. L. 97–51, §101(c) [H.R. 4120, title II, §204], Oct. 1, 1981, 95 Stat. 959.
Pub. L. 96–536, §101(c) [H.R. 7593, title II, §208], Dec. 16, 1980, 94 Stat. 3167.
Pub. L. 96–86, §101(c) [H.R. 4390, title II, §208], Oct. 12, 1979, 93 Stat. 657.
Pub. L. 95–391, title II, §208, Sept. 30, 1978, 92 Stat. 786.
Pub. L. 95–94, title II, §208, Aug. 5, 1977, 91 Stat. 678.
§142h. Biomedical Ethics Board; disbursement of funds, computation and disbursement of basic pay, and provision of financial management services and support by Library of Congress
Effective October 1, 1988, and to continue thereafter, the Disbursing Officer of the Library of Congress is authorized to—
(1) disburse funds appropriated for the Biomedical Ethics Board;
(2) compute and disburse the basic pay for all personnel of the Biomedical Ethics Board; and
(3) provide financial management services and support to the Biomedical Ethics Board,
in the same manner as provided with respect to the Office of Technology Assessment under section 142f of this title.
(Pub. L. 101–163, title I, Nov. 21, 1989, 103 Stat. 1054.)
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation act:
Pub. L. 100–458, title I, Oct. 1, 1988, 102 Stat. 2168.
§142i. United States Capitol Preservation Commission; provision of financial management services and support by Library of Congress
Effective June 15, 1989, the Library of Congress shall provide financial management services and support to the United States Capitol Preservation Commission as may be required and mutually agreed to by the Librarian of Congress and the Cochairmen of the United States Capitol Preservation Commission.
(Pub. L. 101–45, title I, June 30, 1989, 103 Stat. 107.)
§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 31 U.S.C. 1535 and 1536.
(Pub. L. 101–163, title II, §205, Nov. 21, 1989, 103 Stat. 1060.)
§142k. Library of Congress disbursing office; payroll processing functions
From and after October 1, 1989, the Librarian of Congress shall take appropriate action to assure that no legislative branch employee whose salary is disbursed by the Library of Congress disbursing office is adversely affected by alternative ways of performing the personnel/payroll processing function.
(Pub. L. 101–163, title II, §206, Nov. 21, 1989, 103 Stat. 1060.)
§142l. Disbursing Officer of Library of Congress; disbursements for Office of Congressional Workplace Rights; voucher certifications, accountability and relief by Comptroller General
From and after October 1, 1996, the Disbursing Officer of the Library of Congress is authorized to disburse funds appropriated for the Office of Compliance,1 and the Library of Congress shall provide financial management support to the Office of Compliance 1 as may be required and mutually agreed to by the Librarian of Congress and the Executive Director of the Office of Compliance.1 The Library of Congress is further authorized to compute and disburse the basic pay of all personnel of the Office of Compliance 1 pursuant to the provisions of section 5504 of title 5.
All vouchers certified for payment by duly authorized certifying officers of the Library of Congress shall be supported with a certification by an officer or employee of the Office of Compliance 1 duly authorized in writing by the Executive Director of the Office of Compliance 1 to certify payments from appropriations of the Office of Compliance.1 The Office of Compliance 1 certifying officers shall (1) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting paper and the legality of the proposed payment under the appropriation or fund involved, (2) be held responsible and accountable for the correctness of the computations of certifications made, and (3) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by them, as well as for any payment prohibited by law which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds (1) that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained the actual facts, or (2) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 3726 of title 31, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions.
The Disbursing Officer of the Library of Congress shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which is imposed upon a certifying officer or employee of the Office of Compliance.1
(Pub. L. 104–197, title II, §208, Sept. 16, 1996, 110 Stat. 2409.)
Statutory Notes and Related Subsidiaries
Change of Name
Office of Compliance changed, as of Dec. 21, 2018, and considered to refer and apply, to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1381 of this title.
1 See Change of Name note below.
§143. Appropriations for Library Building and Grounds
All appropriations made to the Architect of the Capitol on account of the Library Building and Grounds shall be disbursed for that purpose in the same manner as other appropriations under his control.
(June 29, 1922, ch. 251, §3, 42 Stat. 715.)
Executive Documents
Transfer of Functions
Disbursement functions of all Government agencies except Departments of the Army, Navy, and Air Force and Panama Canal transferred to Division of Disbursements, Treasury Department, by Ex. Ord. No. 6166, §4, June 10, 1933, and Ex. Ord. No. 6728, May 29, 1934.
Division subsequently consolidated with other agencies into Fiscal Service in Treasury Department by Reorg. Plan No. III of 1940, §1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231. See section 306 of Title 31, Money and Finance.
§143a. Disbursement of funds
From and after October 1, 1978, funds available to the Library of Congress may be expended to reimburse the Department of State for medical services rendered to employees of the Library of Congress stationed abroad and for contracting on behalf of and hiring alien employees for the Library of Congress under compensation plans comparable to those authorized by section 444 of the Foreign Service Act of 1946, as amended (22 U.S.C. 889(a)), for purchase or hire of passenger motor vehicles; for payment of travel, storage and transportation of household goods, and transportation and per diem expenses for families enroute (not to exceed twenty-four); for benefits comparable to those payable under sections 911(9), 911(11), and 941 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9), 1136(11), and 1156, respectively); and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 2396(b) of title 22; subject to such rules and regulations as may be issued by the Librarian of Congress.
(Pub. L. 96–536, §101(c), Dec. 16, 1980, 94 Stat. 3167.)
Editorial Notes
References in Text
Sections 444, 911(9), 911(11), and 941 of the Foreign Service Act of 1946, referred to in text, were repealed by section 2205(1) of the Foreign Service Act of 1980, Pub. L. 96–465, title II, Oct. 17, 1980, 94 Stat. 2159. The Foreign Service Act of 1980 is classified principally to chapter 52 (§3901 et seq.) of Title 22, Foreign Relations and Intercourse. Section 2401(c) of the 1980 Act (22 U.S.C. 4172(c)) provides in part that references in law to provisions of the Foreign Service Act of 1946 shall be deemed to include reference to the corresponding provisions of the 1980 Act. For provisions corresponding to the above cited sections of the 1946 Act, see sections 408, 901(6), 901(8), and 904 of the 1980 Act (22 U.S.C. 3968, 4081(6), 4081(8), 4084).
Codification
Section is based on section 203 of title II of H.R. 7593, as passed the House of Representatives on July 21, 1980, and incorporated by reference in section 101(c) of Pub. L. 96–536, to be effective as if enacted into law.
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 96–86, §101(c) [H.R. 4390, title II, §203], Oct. 12, 1979, 93 Stat. 657.
Pub. L. 95–391, title II, §203, Sept. 30, 1978, 92 Stat. 785.
Pub. L. 95–94, title II, §203, Aug. 5, 1977, 91 Stat. 677.
Pub. L. 94–440, title VIII, §803, Oct. 1, 1976, 90 Stat. 1457.
Pub. L. 94–59, title VII, §703, July 25, 1975, 89 Stat. 295.
Pub. L. 93–371, Aug. 13, 1974, 88 Stat. 441.
Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 545.
Pub. L. 92–342, July 10, 1972, 86 Stat. 446.
Pub. L. 92–51, July 9, 1971, 85 Stat. 141.
Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 823.
Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 357.
Pub. L. 90–417, July 28, 1968, 82 Stat. 411.
Pub. L. 90–57, July 28, 1967, 81 Stat. 140.
Pub. L. 89–545, Aug. 27, 1966, 80 Stat. 368.
§143b. Payments in advance for subscriptions or other charges
From and after October 1, 1980, payments in advance for subscriptions or other charges for bibliographical data, publications, materials in any other form, and services may be made by the Librarian of Congress whenever he determines it to be more prompt, efficient, or economical to do so in the interest of carrying out required Library programs.
(Pub. L. 96–536, §101(c), Dec. 16, 1980, 94 Stat. 3167.)
Editorial Notes
Codification
Section is based on section 204 of title II of H.R. 7593, as passed the House of Representatives on July 21, 1980, and incorporated by reference in section 101(c) of Pub. L. 96–536, to be effective as if enacted into law.
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 96–86, §101(c) [H.R. 4390, title II, §204], Oct. 12, 1979, 93 Stat. 657.
Pub. L. 95–391, title II, §204, Sept. 30, 1978, 92 Stat. 786.
Pub. L. 95–94, title II, §204, Aug. 5, 1977, 91 Stat. 677.
Pub. L. 94–440, title VIII, §804, Oct. 1, 1976, 90 Stat. 1457.
Pub. L. 94–59, title VII, §704, July 25, 1975, 89 Stat. 295.
Pub. L. 93–371, Aug. 13, 1974, 88 Stat. 441.
Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 545.
Pub. L. 92–342, July 10, 1972, 86 Stat. 447.
Pub. L. 92–51, July 9, 1971, 85 Stat. 142.
Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 823.
Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 357.
Pub. L. 90–417, July 23, 1968, 82 Stat. 411.
Pub. L. 90–57, July 28, 1967, 81 Stat. 140.
§143c. Use of other library funds to make payments
In addition to amounts transferred pursuant to section 182b(e)(2) of this title, the Librarian of Congress may transfer amounts made available for salaries and expenses of the Library of Congress during a fiscal year to the applicable appropriations accounts of the United States Capitol Police in order to reimburse the Capitol Police for services provided in connection with a special event or program described in section 182b(a)(4) of this title.
(Pub. L. 110–161, div. H, title I, §1004(f)(2), Dec. 26, 2007, 121 Stat. 2236; Pub. L. 110–178, §6(b), Jan. 7, 2008, 121 Stat. 2554; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
Editorial Notes
Codification
Pub. L. 110–161, div. H, title I, §1004(f)(2), and Pub. L. 110–178, §6(b), enacted substantially identical provisions. This section is based on text of section 6(b) of Pub. L. 110–178. Pub. L. 110–161, §1004, was repealed by Pub. L. 111–145.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.
§143d. Funds available for workers compensation payments
(a) In general
Available balances of expired Library of Congress appropriations shall be available to the Library of Congress to make the deposit to the credit of the Employees' Compensation Fund required by subsection 8147(b) of title 5.
(b) Effective date
This section shall apply with respect to appropriations for fiscal year 2012 and each fiscal year thereafter.
(Pub. L. 112–74, div. G, title I, §1303, Dec. 23, 2011, 125 Stat. 1131.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.
§144. Copies of Statutes at Large
Ten of the copies of the Statutes at Large, published by Little, Brown & Co., which were deposited in the Library prior to February 5, 1859, shall be retained by the Librarian for the use of the justices of the Supreme Court, during the terms of court.
(R.S. §96.)
Editorial Notes
Codification
R.S. §96 derived from act Feb. 5, 1859, ch. 22, §11, 11 Stat. 381.
§145. Copies of journals and documents
Two copies of the journals and documents, and of each book printed by either House of Congress, well bound in calf, shall be deposited in the Library, and must not be taken therefrom.
(R.S. §97.)
Editorial Notes
Codification
R.S. §97 derived from Res. Jan. 2, 1857, No. 5, §5, 11 Stat. 253.
§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, title I, §141, 60 Stat. 834.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Aug. 2, 1946, see section 142 of act Aug. 2, 1946, ch. 753, title I, 60 Stat. 834.
§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. §98.)
Editorial Notes
Codification
R.S. §98 derived from Res. Dec. 27, 1813, No. 1, 3 Stat. 140; Res. July 20, 1840, No. 5, 5 Stat. 409.
§147. Repealed. Oct. 25, 1951, ch. 562, §1(l), 65 Stat. 638
Section, act June 6, 1900, ch. 791, §1, 31 Stat. 642, related to bound volumes from files of House of Representatives. See sections 2103 and 2114 of Title 44, Public Printing and Documents.
§148. Repealed. Oct. 31, 1951, ch. 654, §1(l), 65 Stat. 701
Section, act Feb. 25, 1903, ch. 755, §1, 32 Stat. 865, related to transfer of books from executive departments to Library.
§149. Transfer of books to other libraries
The Librarian of Congress may from time to time transfer to other governmental libraries within the District of Columbia, including the Public Library, books and material in the possession of the Library of Congress in his judgment no longer necessary to its uses, but in the judgment of the custodians of such other collections likely to be useful to them, and may dispose of or destroy such material as has become useless: Provided, That no records of the Federal Government shall be transferred, disposed of, or destroyed under the authority granted in this section.
(Mar. 4, 1909, ch. 297, §1, 35 Stat. 858; Oct. 25, 1951, ch. 562, §4(1), 65 Stat. 640.)
Editorial Notes
Amendments
1951—Act Oct. 25, 1951, inserted proviso.
§149a. Permitting use of proceeds from disposition of surplus or obsolete personal property
(a) Disposition of property
Within the limits of available appropriations, the Librarian of Congress may dispose of surplus or obsolete personal property of the Library of Congress by interagency transfer, donation, sale, trade-in, or other appropriate method.
(b) Use of proceeds
Any amounts received by the Librarian of Congress from the disposition of property under subsection (a) shall be credited to the funds available for the operations of the Library of Congress, and shall be available to acquire the same or similar property during the fiscal year in which the amounts are received and the following fiscal year.
(c) Effective date
This section shall apply with respect to fiscal year 2012 and each succeeding fiscal year.
(Pub. L. 112–74, div. G, title I, §1304, Dec. 23, 2011, 125 Stat. 1132.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.
§150. Sale of copies of card indexes and other publications
The Librarian of Congress is authorized to furnish to such institutions or individuals as may desire to buy them, such copies of the card indexes and other publications of the Library as may not be required for its ordinary transactions, and charge for the same a price which will cover their cost and ten per centum added, and all moneys received by him shall be deposited in the Treasury and shall be credited to the appropriation for necessary expenses for the preparation and distribution of catalog cards and other publications of the Library.
(June 28, 1902, ch. 1301, §1, 32 Stat. 480; Pub. L. 95–94, title IV, §405(a), Aug. 5, 1977, 91 Stat. 682.)
Editorial Notes
Amendments
1977—Pub. L. 95–94 inserted provisions relating to crediting of the moneys deposited in the Treasury.
Statutory Notes and Related Subsidiaries
Effective Date of 1977 Amendment
Pub. L. 95–94, title IV, §405(b), Aug. 5, 1977, 91 Stat. 682, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1977."
§151. Smithsonian Library
The library collected by the Smithsonian Institution under the provisions of the Act of August 10, 1846, chapter 25, and removed from the building of that institution, with the consent of the Regents thereof, to the Library of Congress, shall, while there deposited, be subject to the same regulations as the Library of Congress, except as hereinafter provided.
(R.S. §99.)
Editorial Notes
References in Text
Act of August 10, 1846, chapter 25, referred to in text, probably should be act Aug. 10, 1846, ch. 178, 9 Stat. 102, which was entitled "An Act to establish the 'Smithsonian Institution', for the increase and diffusion of knowledge among men".
Codification
R.S. §99 derived from act Apr. 5, 1866, ch. 25, §1, 14 Stat. 13.
§152. Care and use of Smithsonian Library
The Smithsonian Institution shall have the use of the library referred to in section 151 of this title in like manner as before its removal. All the books, maps, and charts of the Smithsonian Library shall be properly cared for and preserved in like manner as are those of the Congressional Library; from which the Smithsonian Library shall not be removed except on reimbursement by the Smithsonian Institution to the Treasury of the United States of expenses incurred in binding and in taking care of the same, or upon such terms and conditions as shall be mutually agreed upon by Congress and the Regents of the Institution.
(R.S. §100.)
Editorial Notes
Codification
R.S. §100 derived from act Apr. 5, 1866, ch. 25, §2, 14 Stat. 13.
§153. Control of library of House of Representatives
The library of the House of Representatives shall be under the control and direction of the Librarian of Congress, who shall provide all needful books of reference therefor. The librarian, two assistant librarians, and assistant in the library, shall be appointed by the Clerk of the House, with the approval of the Speaker of the House of Representatives. No removals shall be made from the said positions except for cause reported to and approved by the Committee on Rules.
(Mar. 3, 1901, ch. 830, §1, 31 Stat. 964.)
§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, §1, 43 Stat. 1107; Pub. L. 95–277, May 12, 1978, 92 Stat. 236; Pub. L. 102–246, §§1, 2, Feb. 18, 1992, 106 Stat. 31; Pub. L. 106–481, title II, §201, Nov. 9, 2000, 114 Stat. 2190.)
Editorial Notes
Codification
Section is comprised of first par. of section 1 of act Mar. 3, 1925. Second par. of section 1 is classified to section 155 of this title.
Amendments
2000—Pub. L. 106–481 inserted "and the vice chair" after "the chairman" and "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." after first sentence and substituted "Seven members of the board" for "Nine members of the board".
1992—Pub. L. 102–246 struck out "and" after "Librarian of Congress," inserted ", 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)" after "respectively)", and substituted "Nine" for "Three".
1978—Pub. L. 95–277 inserted "(or an Assistant Secretary designated in writing by the Secretary of the Treasury)".
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Pub. L. 106–481, title II, §202, Nov. 9, 2000, 114 Stat. 2191, provided that: "The amendments made by this title [amending this section] shall take effect on the date of the enactment of this Act [Nov. 9, 2000]."
Short Title
Act Mar. 3, 1925, enacting sections 154 to 162 and 163 of this title, is popularly known as the "Library of Congress Trust Fund Board Act".
§155. Compensation and expenses of Library of Congress Trust Fund Board
No compensation shall be paid to the members of the board for their services as such members, but they shall be reimbursed for the expenses necessarily incurred by them, out of the income from the fund or funds in connection with which such expenses are incurred. The voucher of the chairman of the board shall be sufficient evidence that the expenses are properly allowable. Any expenses of the board, including the cost of its seal, not properly chargeable to the income of any trust fund held by it, shall be estimated for in the annual estimates of the librarian for the maintenance of the Library of Congress.
(Mar. 3, 1925, ch. 423, §1, 43 Stat. 1107.)
Editorial Notes
Codification
Section is comprised of second par. of section 1 of act Mar. 3, 1925. First par. of section 1 is classified to section 154 of this title.
§156. Gifts, etc., to Library of Congress Trust Fund Board
The Board is authorized to accept, receive, hold, and administer such gifts, bequests, or devises 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, §2, formerly §1, 43 Stat. 1107, renumbered Apr. 13, 1936, ch. 213, 49 Stat. 1205.)
Editorial Notes
Codification
Section is comprised of first par. of section 2 of act Mar. 3, 1925. Second, third, and fourth pars. of section 2 are classified to sections 157, 158, and 158a of this title, respectively.
§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, §2, formerly §1, 43 Stat. 1107, renumbered Apr. 13, 1936, ch. 213, 49 Stat. 1205.)
Editorial Notes
Codification
Section is comprised of second par. of section 2 of act Mar. 3, 1925. First, third, and fourth pars. of section 2 are classified to sections 156, 158, and 158a of this title, respectively.
§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 per centum 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 per centum, payable semi-annually, 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, §2, formerly §1, 43 Stat. 1107; renumbered §2, Apr. 13, 1936, ch. 213, 49 Stat. 1205; amended June 23, 1936, ch. 734, 49 Stat. 1894; Pub. L. 87–522, July 3, 1962, 76 Stat. 135; Pub. L. 94–289, May 22, 1976, 90 Stat. 521.)
Editorial Notes
Codification
Section is comprised of third par. of section 2 of act Mar. 3, 1925. First, second, and fourth pars. of section 2 are classified to sections 156, 157, and 158a of this title, respectively.
Amendments
1976—Pub. L. 94–289 substituted "a rate which is the higher of the rate of 4 per centum 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 per centum" for "the rate of 4 per centum per annum".
1962—Pub. L. 87–522 increased the total amount of deposits which can be held by the Treasurer from $5,000,000 to $10,000,000.
1936—Act June 23, 1936, substituted "in the absence of any specification to the contrary" for "Should any gift or bequest so provide".
§158a. Temporary possession of gifts of money or securities to Library of Congress; investment
In the case of a gift of money or securities offered to the Library of Congress, if, because of conditions attached by the donor or similar considerations, expedited action is necessary, the Librarian of Congress may take temporary possession of the gift, subject to approval under section 156 of this title. The gift shall be receipted for and invested, reinvested, or retained as provided in section 157 of this title, except that—
(1) a gift of securities may not be invested or reinvested; and
(2) any investment or reinvestment of a gift of money shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States.
If the gift is not so approved within the 12-month period after the Librarian so takes possession, the principal of the gift shall be returned to the donor and any income earned during that period shall be available for use with respect to the Library of Congress as provided by law.
(Mar. 3, 1925, ch. 423, §2 (par.), as added Pub. L. 102–246, §3, Feb. 18, 1992, 106 Stat. 31.)
Editorial Notes
Codification
Section is comprised of fourth par. of section 2 of act Mar. 3, 1925, as added by Pub. L. 102–246. First, second, and third pars. of section 2 are classified to sections 156, 157, and 158 of this title, respectively.
§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, §3, 43 Stat. 1108; Jan. 27, 1926, ch. 6, §1, 44 Stat. 2; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, §32(a), 62 Stat. 991; May 24, 1949, ch. 139, §127, 63 Stat. 107.)
Editorial Notes
Amendments
1926—Act Jan. 27, 1926, inserted "including the power to sell" in first sentence.
Statutory Notes and Related Subsidiaries
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted "United States District Court for the District of Columbia" for "district court of the United States for the District of Columbia".
Act June 25, 1936, provided that the Supreme Court of the District of Columbia is to be known as the District Court of the United States for the District of Columbia.
§160. Disbursement of gifts, etc., to Library
Nothing in sections 154 to 162 and 163 1 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 in the interest of the Library, its collections, or its service, of the following: (1) nonpersonal services; (2) voluntary and uncompensated personal services not to exceed $10,000 per person, per year in value; (3) gifts or bequests of money for immediate disbursement; and (4) gifts or bequests of securities or other personal property. Such gifts or bequests of money, 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. In the case of a gift of securities, the Librarian shall sell the gift and provide the donor with such acknowledgment as needed for the donor to substantiate the gift. The Treasurer of the United States shall enter the gift, bequest, or proceeds 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. The Librarian shall make an annual public report regarding gifts accepted under this section.
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, §4, 43 Stat. 1108; Pub. L. 105–55, title II, §208, Oct. 7, 1997, 111 Stat. 1194; Pub. L. 115–141, div. I, title I, §152, Mar. 23, 2018, 132 Stat. 784; Pub. L. 117–103, div. I, title I, §141(a), Mar. 15, 2022, 136 Stat. 518.)
Editorial Notes
References in Text
Section 163 of this title, referred to in text, was omitted from the Code.
Amendments
2022—Pub. L. 117–103, in first paragraph, struck out "and" before "(3) gifts or bequests of money for immediate disbursement", substituted "; and (4) gifts or bequests of securities or other personal property." for period at end of first sentence, inserted "of money" after "Such gifts or bequests" in second sentence, inserted "In the case of a gift of securities, the Librarian shall sell the gift and provide the donor with such acknowledgment as needed for the donor to substantiate the gift." after second sentence, and substituted "The Treasurer of the United States shall enter the gift, bequest, or proceeds" for "The Treasurer of the United States shall enter them" in penultimate sentence.
2018—Pub. L. 115–141, in first paragraph, struck out "of money for immediate disbursement" after "gifts or bequests", substituted ", of the following: (1) nonpersonal services; (2) voluntary and uncompensated personal services not to exceed $10,000 per person, per year in value; and (3) gifts or bequests of money for immediate disbursement." for period at end of first sentence, and inserted at end "The Librarian shall make an annual public report regarding gifts accepted under this section."
1997—Pub. L. 105–55 added second par.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–103, div. I, title I, §141(b), Mar. 15, 2022, 136 Stat. 519, provided that: "The amendments made by this section [amending this section] shall apply with respect to fiscal year 2022 and each succeeding fiscal year."
1 See References in Text note below.
§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, §5, 43 Stat. 1108; Oct. 2, 1942, ch. 576, 56 Stat. 765.)
Editorial Notes
Amendments
1942—Act Oct. 2, 1942, included devises in the exemptions, and exempted gifts, bequests and devises, and the income therefrom, from taxes levied by the District of Columbia.
§162. Compensation of Library of Congress employees
Employees of the Library of Congress who perform special functions for the performance of which funds have been entrusted to the board or the librarian, or in connection with cooperative undertakings in which the Library of Congress is engaged, shall not be subject to section 209 of title 18; and section 5533 of title 5 shall not apply to any additional compensation so paid to such employees.
(Mar. 3, 1925, ch. 423, §6, 43 Stat. 1108; Jan. 27, 1926, ch. 6, §2, 44 Stat. 2; Pub. L. 88–448, title IV, §401(j), Aug. 19, 1964, 78 Stat. 491.)
Editorial Notes
Codification
"Section 209 of title 18" substituted in text for reference to the Act of March 3, 1917, 39 Stat. 1106 (5 U.S.C. 66), on authority of (1) act June 25, 1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title 18, Crimes and Criminal Procedure, and which enacted in section 1914 of Title 18 the provisions formerly classified to section 66 of Title 5; and (2) section 2 of Pub. L. 87–849, Oct. 23, 1962, 76 Stat. 1126, which repealed section 1914 of Title 18 and supplanted it with section 209, and which provided that exemptions from section 1914 shall be deemed exemptions from section 209. For further details, see Exemptions note set out under section 203 of Title 18.
"Section 5533 of title 5" substituted in text for "section 301 of the Dual Compensation Act [5 U.S.C. 3105]" on authority of sec. 7(b) of Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Section was formerly classified to sections 60 and 65 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.
Amendments
1964—Pub. L. 88–448 substituted "and section 301 of the Dual Compensation Act [5 U.S.C. 3105] shall not apply to any additional compensation so paid to such employees" for "nor shall any additional compensation so paid to such employees be construed as a double salary under the provisions of section 6 of the Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1917, as amended (Thirty-ninth Statutes at Large, page 582) [5 U.S.C. 58]".
1926—Act Jan. 27, 1926, struck out the comma after "undertakings".
Statutory Notes and Related Subsidiaries
Effective Date of 1964 Amendment
Amendment by Pub. L. 88–448 effective on first day of first month which begins later than the ninetieth day following Aug. 19, 1964, see section 403 of Pub. L. 88–448, title IV, Aug. 19, 1964, 78 Stat. 496.
§162a. Gross salary of Library of Congress employees
Hereafter the gross salary of any position in the Library which is augmented by payment of an honorarium from other than appropriated funds under terms of section 162 of this title shall not exceed an amount, which when combined with such honorarium, will exceed the maximum salary provided in chapter 51 and subchapter III of chapter 53 of title 5.
(June 22, 1949, ch. 235, §101, 63 Stat. 226; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972.)
Editorial Notes
Codification
"Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "the Classification Act of 1949" on authority of section 7(b) of Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 631, section 1 of which enacted Title 5, Government Organization and Employees.
Amendments
1949—Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Statutory Notes and Related Subsidiaries
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
§162b. Little Scholars Child Development Center; employee compensation and personnel matters
(a) Election of coverage; creditable service; qualification for survivor annuities and disability benefits; contributions to thrift savings plan; certification concerning creditable service
(1) This subsection shall apply to any individual who—
(A) is employed by the Library of Congress Child Development Center (known as the "Little Scholars Child Development Center", in this section referred to as the "Center") established under section 205(g)(1) of the Legislative Branch Appropriations Act, 1991; and
(B) makes an election to be covered by this subsection with the Librarian of Congress, not later than the later of—
(i) 60 days after December 21, 2000; or
(ii) 60 days after the date the individual begins such employment.
(2)(A) Any individual described under paragraph (1) may be credited, under section 8411 of title 5 for service as an employee of the Center before December 21, 2000, if such employee makes a payment of the deposit under section 8411(f)(2) of such title without application of section 8411(b)(3) of such title.
(B) An individual described under paragraph (1) shall be credited under section 8411 of title 5 for any service as an employee of the Center on or after December 21, 2000, if such employee has such amounts deducted and withheld from his pay as determined by the Office of Personnel Management which would be deducted and withheld from the basic pay of an employee under section 8422 of title 5.
(3) Notwithstanding any other provision of this subsection, any service performed by an individual described under paragraph (1) as an employee of the 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.
(4) An individual described under paragraph (1) shall be deemed an employee for purposes of chapter 84 of title 5, including subchapter III of such title,1 and may make contributions under section 8432 of such title effective for the first applicable pay period beginning on or after the date such individual elects coverage under this section.
(5) The Office of Personnel Management shall accept the certification of the Librarian of Congress concerning creditable service for purposes of this subsection.
(b) Health insurance coverage
Any individual who is employed by the Center on or after the date of enactment of this Act [December 21, 2000], shall be deemed an employee under section 8901(1) of title 5 for purposes of health insurance coverage under chapter 89 of such title. An individual who is an employee of the Center on the date of enactment of this Act may elect coverage under this subsection before the 60th day after the date of enactment of this Act, and during such periods as determined by the Office of Personnel Management for employees of the Center employed after such date.
(c) Life insurance coverage
An individual who is employed by the Center shall be deemed an employee under section 8701(a) of title 5 for purposes of life insurance coverage under chapter 87 of such title.
(d) Government contributions by Librarian from available appropriations
Government contributions for individuals receiving benefits under this section, as computed under sections 8423, 8432, 8708, and 8906 2 shall be made by the Librarian of Congress from any appropriations available to the Library of Congress.
(e) Payroll and personnel functions of Library of Congress
The Library of Congress, directly or by agreement with its designated representative, shall—
(1) process payroll for Center employees, including making deductions and withholdings from the pay of employees in the amounts determined under sections 8422, 8432, 8707, and 8905 of title 5;
(2) maintain appropriate personnel and payroll records for Center employees, and transmit appropriate information and records to the Office of Personnel Management; and
(3) transmit funds for Government and employee contributions under this section to the Office of Personnel Management.
(f) Responsibilities of Center
The Center shall—
(1) except as provided in subsection (g), pay to the Library of Congress funds sufficient to cover the gross salary and the employer's share of taxes under section 3111 of title 26 for Center employees, in amounts computed by the Library of Congress;
(2) as required by the Library of Congress, reimburse the Library of Congress for reasonable administrative costs incurred under subsection (e)(1);
(3) comply with regulations and procedures prescribed by the Librarian of Congress for administration of this section;
(4) maintain appropriate records on all Center employees, as required by the Librarian of Congress; and
(5) consult with the Librarian of Congress on the administration and implementation of this section.
(g) Reimbursement for certain compensation
Notwithstanding paragraph (1) of subsection (f), in the case of expenses described in such paragraph which are attributable to the compensation of the Executive Director and Deputy Executive Director of the Center, the Librarian of Congress may reimburse the Center for such expenses from amounts appropriated or otherwise made available for salaries and expenses of the Library of Congress.
(h) Regulations
The Librarian of Congress may prescribe regulations to carry out this section.
(Pub. L. 106–554, §1(a)(2) [title II, §210], Dec. 21, 2000, 114 Stat. 2763, 2763A-114; Pub. L. 117–328, div. I, title I, §141(a), Dec. 29, 2022, 136 Stat. 4932.)
Editorial Notes
References in Text
Section 205(g)(1) of the Legislative Branch Appropriations Act, 1991, referred to in subsec. (a)(1)(A), is section 205(g)(1) of Pub. L. 101–520, which is set out as a note under section 141 of this title.
Amendments
2022—Subsec. (f)(1). Pub. L. 117–328, §141(a)(1), substituted "except as provided in subsection (g), pay to the Library of Congress" for "pay to the Library of Congress".
Subsecs. (g), (h). Pub. L. 117–328, §141(a)(2), (3), added subsec. (g) and redesignated former subsec. (g) as (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–328, div. I, title I, §141(b), Dec. 29, 2022, 136 Stat. 4932, provided that: "The amendment made by this section [amending this section] shall apply with respect to fiscal year 2023 and each succeeding fiscal year."
Funding for Little Scholars Child Development Center and Tiny Findings Child Development Center
Pub. L. 116–159, div. A, §159, Oct. 1, 2020, 134 Stat. 721, provided that: "Notwithstanding any other provision of this Act [div. A of Pub. L. 116–159, see Tables for classification]—
"(1) the authority of the Library of Congress to reimburse the Little Scholars Child Development Center at the Library of Congress under section 19004 of the CARES Act (2 U.S.C. 162b note; 134 Stat. 578) shall remain in effect with respect to salaries incurred until the termination of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic; and
"(2) the authority of the Government Accountability Office to reimburse the Tiny Findings Child Development Center under section 19009 of the CARES Act (134 Stat. 579) shall remain in effect with respect to salaries incurred until the termination of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic."
(3) [Amended section 19005(a) of Pub. L. 116–136, set out as a note under 1816b of this title.]
Source of Funds Used for Payment of Salaries and Expenses of Little Scholars Child Development Center
Pub. L. 116–136, div. B, title IX, §19004, Mar. 27, 2020, 134 Stat. 578, as amended by Pub. L. 116–260, div. O, title XI, §1101(b)(1), (2), Dec. 27, 2020, 134 Stat. 2156, 2157, provided that:
"(a)
"(b)
"(1) the lesser of—
"(A) the amount of the operating costs (including payroll, general, and administrative expenses) of the Center for such month; or
"(B) $118,500; and
"(2) the amount of tuition payments collected by the Center for such month."
[For definition of "coronavirus" as used in section 19004 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out below.]
Definition
Pub. L. 116–136, div. B, title XIII, §23005, Mar. 27, 2020, 134 Stat. 614, provided that: "In this Act [div. B of Pub. L. 116–136, see Tables for classification], the term 'coronavirus' means SARS–CoV–2 or another coronavirus with pandemic potential."
1 So in original. Probably should be "chapter,".
2 So in original. Probably should be followed by "of title 5".
§163. Omitted
Editorial Notes
Codification
Section, act Mar. 3, 1925, ch. 423, §7, 43 Stat. 1108, which required the Library of Congress Trust Fund Board to submit an annual report to Congress on moneys or securities received and held and operations, 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.
§164. Index and digest of State legislation; preparation
The Librarian of Congress is authorized and directed to prepare biennially an index to the legislation of the States of the United States enacted during the biennium, together with a supplemental digest of the more important legislation of the period.
(Feb. 10, 1927, ch. 99, §1, 44 Stat. 1066; Feb. 28, 1929, ch. 367, §1, 45 Stat. 1398.)
Editorial Notes
Amendments
1929—Act Feb. 28, 1929, repealed provision that the Librarian of Congress report biennially to Congress an index and digest of State legislation.
§164a. Official distribution of State legislation index and digest
The Librarian of Congress is directed to have the indexes and digests authorized by section 164 of this title printed and bound for official distribution only.
(Feb. 28, 1929, ch. 367, §1, 45 Stat. 1398.)
§165. Authorization for appropriation for biennial index
There is authorized to be appropriated annually for carrying out the provisions of section 164 of this title the sum of $30,000, to remain available until expended.
(Feb. 10, 1927, ch. 99, §2, 44 Stat. 1066.)
§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; classification above GS–15 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 Director shall be compensated at the greater of the rate of pay in effect for level III of the Executive Schedule under section 5314 of title 5 or the maximum annual rate of basic pay payable under section 5376 of such title for positions at agencies with a performance appraisal system certified under section 5307(d) of such title.
(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 section 5376 of title 5. 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 classified above GS–15 in accordance with section 5108(c) of title 5, and the rate of basic pay for such positions may be fixed in accordance with section 5376 of such title, subject to the prior approval of the Joint Committee on the Library.
(3) Each appointment made under paragraphs (1) and (2) of this subsection and subsection (e) of this section shall be without regard to the civil service laws, without regard to political affiliation, and solely on the basis of fitness to perform the duties of the position.
(d) Duties of Service; assistance to Congressional committees; list of terminating programs and subjects for analysis; legislative data, studies, etc.; information research; digest of bills, preparation; legislation, purpose and effect, and preparation of memoranda; information and research capability, development
It shall be the duty of the Congressional Research Service, without partisan bias—
(1) upon request, to advise and assist any committee of the Senate or House of Representatives and any joint committee of Congress in the analysis, appraisal, and evaluation of legislative proposals within that committee's jurisdiction, or of recommendations submitted to Congress, by the President or any executive agency, so as to assist the committee in—
(A) determining the advisability of enacting such proposals;
(B) estimating the probable results of such proposals and alternatives thereto; and
(C) evaluating alternative methods for accomplishing those results;
and, by providing such other research and analytical services as the committee considers appropriate for these purposes, otherwise to assist in furnishing a basis for the proper evaluation and determination of legislative proposals and recommendations generally; and in the performance of this duty the Service shall have authority, when so authorized by a committee and acting as the agent of that committee, to request of any department or agency of the United States the production of such books, records, correspondence, memoranda, papers, and documents as the Service considers necessary, and such department or agency of the United States shall comply with such request; and further, in the performance of this and any other relevant duty, the Service shall maintain continuous liaison with all committees;
(2) to make available to each committee of the Senate and House of Representatives and each joint committee of the two Houses, at the opening of a new Congress, a list of programs and activities being carried out under existing law scheduled to terminate during the current Congress, which are within the jurisdiction of the committee;
(3) to make available to each committee of the Senate and House of Representatives and each joint committee of the two Houses, at the opening of a new Congress, a list of subjects and policy areas which the committee might profitably analyze in depth;
(4) upon request, or upon its own initiative in anticipation of requests, to collect, classify, and analyze in the form of studies, reports, compilations, digests, bulletins, indexes, translations, and otherwise, data having a bearing on legislation, and to make such data available and serviceable to committees and Members of the Senate and House of Representatives and joint committees of Congress;
(5) upon request, or upon its own initiative in anticipation of requests, to prepare and provide information, research, and reference materials and services to committees and Members of the Senate and House of Representatives and joint committees of Congress to assist them in their legislative and representative functions;
(6) to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives;
(7) upon request made by any committee or Member of the Congress, to prepare and transmit to such committee or Member a concise memorandum with respect to one or more legislative measures upon which hearings by any committee of the Congress have been announced, which memorandum shall contain a statement of the purpose and effect of each such measure, a description of other relevant measures of similar purpose or effect previously introduced in the Congress, and a recitation of all action taken theretofore by or within the Congress with respect to each such other measure;
(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; and
(9) to comply with the requirements of, and provide information and technological assistance consistent with, section 124 1 of the Legislative Branch Appropriations Act, 2018.
(e) Specialists and Senior Specialists; appointment; fields of appointment
The Librarian of Congress is authorized to appoint in the Congressional Research Service, upon the recommendation of the Director, Specialists and Senior Specialists in the following broad fields:
(1) agriculture;
(2) American government and public administration;
(3) American public law;
(4) conservation;
(5) education;
(6) engineering and public works;
(7) housing;
(8) industrial organization and corporation finance;
(9) international affairs;
(10) international trade and economic geography;
(11) labor and employment;
(12) mineral economics;
(13) money and banking;
(14) national defense;
(15) price economics;
(16) science;
(17) social welfare;
(18) taxation and fiscal policy;
(19) technology;
(20) transportation and communications;
(21) urban affairs;
(22) veterans' affairs; and
(23) such other broad fields as the Director may consider appropriate.
Such Specialists and Senior Specialists, together with such other employees of the Congressional Research Service as may be necessary, shall be available for special work with the committees and Members of the Senate and House of Representatives and the joint committees of Congress for any of the purposes of subsection (d) of this section.
(f) Duties of Director; establishment and change of research and reference divisions or other organizational units, or both
The Director is authorized—
(1) to classify, organize, arrange, group, and divide, from time to time, as he considers advisable, the requests for advice, assistance, and other services submitted to the Congressional Research Service by committees and Members of the Senate and House of Representatives and joint committees of Congress, into such classes and categories as he considers necessary to—
(A) expedite and facilitate the handling of the individual requests submitted by Members of the Senate and House of Representatives,
(B) promote efficiency in the performance of services for committees of the Senate and House of Representatives and joint committees of Congress, and
(C) provide a basis for the efficient performance by the Congressional Research Service of its legislative research and related functions generally,
and
(2) to establish and change, from time to time, as he considers advisable, within the Congressional Research Service, such research and reference divisions or other organizational units, or both, as he considers necessary to accomplish the purposes of this section.
(g) Budget estimates
The Director of the Congressional Research Service will submit to the Librarian of Congress for review, consideration, evaluation, and approval, the budget estimates of the Congressional Research Service for inclusion in the Budget of the United States Government.
(h) Experts or consultants, individual or organizational, and persons and organizations with specialized knowledge; procurement of temporary or intermittent assistance; contracts, nonpersonal and personal service; advertisement requirements inapplicable; end product; pay; travel time
(1) The Director of the Congressional Research Service may procure the temporary or intermittent assistance of individual experts or consultants (including stenographic reporters) and of persons learned in particular or specialized fields of knowledge—
(A) by nonpersonal service contract, without regard to any provision of law requiring advertising for contract bids, with the individual expert, consultant, or other person concerned, as an independent contractor, for the furnishing by him to the Congressional Research Service of a written study, treatise, theme, discourse, dissertation, thesis, summary, advisory opinion, or other end product; or
(B) by employment (for a period of not more than one year) in the Congressional Research Service of the individual expert, consultant, or other person concerned, by personal service contract or otherwise, without regard to the position classification laws, at a rate of pay not in excess of the per diem equivalent of the highest rate of basic pay then currently in effect for the General Schedule of section 5332 of title 5, including payment of such rate for necessary travel time.
(2) The Director of the Congressional Research Service may procure by contract, without regard to any provision of law requiring advertising for contract bids, the temporary (for respective periods not in excess of one year) or intermittent assistance of educational, research, or other organizations of experts and consultants (including stenographic reporters) and of educational, research, and other organizations of persons learned in particular or specialized fields of knowledge.
(i) Special report to Joint Committee on the Library
The Director of the Congressional Research Service shall prepare and file with the Joint Committee on the Library at the beginning of each regular session of Congress a separate and special report covering, in summary and in detail, all phases of activity of the Congressional Research Service for the immediately preceding fiscal year, and shall include in the report a description of the efforts made by the Director to make additional Congressional Research Service products that are not confidential products or services available to the Librarian of Congress for publication on the website established and maintained under section 124 1 of the Legislative Branch Appropriations Act, 2018.
(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, title II, §203, 60 Stat. 836; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972; Pub. L. 91–510, title III, §321(a), Oct. 26, 1970, 84 Stat. 1181; Pub. L. 99–190, §133, Dec. 19, 1985, 99 Stat. 1322; Pub. L. 106–57, title II, §209(b), Sept. 29, 1999, 113 Stat. 424; Pub. L. 115–141, div. I, title I, §154(b)(7), (d), Mar. 23, 2018, 132 Stat. 789, 790; Pub. L. 116–94, div. P, title XIV, §1404(a)(2), (b)(1), Dec. 20, 2019, 133 Stat. 3208.)
Editorial Notes
References in Text
Section 124 of the Legislative Branch Appropriations Act, 2018, referred to in subsecs. (d)(9) and (i), probably should be section 154 of the Legislative Branch Appropriations Act, 2018, Pub. L. 115–141, div. I, title I, Mar. 23, 2018, 132 Stat. 787. Section 154 of Pub. L. 115–141 enacted section 166a of this title, related to equal access to Congressional Research Service Reports, and amended this section. Div. I of Pub. L. 115–141 does not contain a section 124.
Amendments
2019—Subsec. (c)(1). Pub. L. 116–94, §1404(a)(2), substituted "The Director shall be compensated at the greater of the rate of pay in effect for level III of the Executive Schedule under section 5314 of title 5 or the maximum annual rate of basic pay payable under section 5376 of such title for positions at agencies with a performance appraisal system certified under section 5307(d) of such title." for "The basic pay of the Director shall be at a per annum rate equal to the rate of basic pay provided for level III of the Executive Schedule under section 5314 of title 5."
Subsec. (c)(2). Pub. L. 116–94, §1404(b)(1)(A), substituted "section 5376 of title 5." for "subchapter III (relating to General Schedule pay rates) of chapter 53 of title 5, but without regard to section 5108(a) of such title." in introductory provisions.
Subsec. (c)(2)(B). Pub. L. 116–94, §1404(b)(1)(B), substituted "may be classified above GS–15 in accordance with section 5108(c) of title 5, and the rate of basic pay for such positions may be fixed in accordance with section 5376 of such title, subject to the prior approval of the Joint Committee on the Library." for "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."
2018—Subsec. (d)(9). Pub. L. 115–141, §154(d), added par. (9).
Subsec. (i). Pub. L. 115–141, §154(b)(7), substituted ", and shall include in the report a description of the efforts made by the Director to make additional Congressional Research Service products that are not confidential products or services available to the Librarian of Congress for publication on the website established and maintained under section 124 of the Legislative Branch Appropriations Act, 2018." for period at end.
1999—Subsec. (c)(1). Pub. L. 106–57 substituted second sentence for former second sentence which read as follows: "The basic pay of the Director shall be at a per annum rate equal to the rate of basic pay provided for level V of the Executive Schedule contained in section 5316 of title 5."
1985—Subsec. (g). Pub. L. 99–190 amended subsec. (g) generally. Prior to amendment subsec. (g) read as follows: "In order to facilitate the study, consideration, evaluation, and determination by the Congress of the budget requirements of the Congressional Research Service for each fiscal year, the Librarian of Congress shall receive from the Director and submit, for inclusion in the Budget of the United States Government, the budget estimates of the Congressional Research Service which shall be prepared separately by the Director in detail for each fiscal year as a separate item of the budget estimates of the Library of Congress for such fiscal year."
1970—Subsec. (a). Pub. L. 91–510 substituted provision for continuation of Legislative Reference Service, redesignated "Congressional Research Service", for prior authorization for establishment of Legislative Reference Service and deleted second sentence, cls. (1) to (3), prescribing as duties of such Service for the Congress and its committees, the giving of advice and assistance, making data available, and preparing summaries and digests of public hearings before committees and of bills and resolutions of public nature, which was incorporated in subsec. (d)(1), (d)(4), and (d)(6), respectively, of this section.
Subsec. (b). Pub. L. 91–510 added subsec. (b). Former subsec. (b)(1) provided for appointment of director, assistant director, and other necessary personnel of Legislative Reference Service, without regard to civil-service laws, without reference to political affiliations, on ground of fitness to perform duties of the office, for compensation in accordance with Classification Act of 1949, with a prescribed minimum for senior specialists in the various fields, and made all employees of the Service subject to civil-service retirement laws, now incorporated in subsec. (c)(1), (2)(A), and (3) of this section and sections 8331(1)(viii) and 8347(j) of Title 5, Government Organization and Employees. Former subsec. (b)(2) provided for appointment of senior specialists in certain enumerated fields and was covered in subsec. (e) of this section.
Subsec. (c). Pub. L. 91–510 incorporated in provisions added as subsec. (c) provisions of former subsec. (b) (1), and in revising them, provided in par. (1) for consultation with Joint Committee on the Library before appointment of Director and for basic pay rate of Director equal to level V of Executive Schedule, provided in par. (2) for appointment, upon recommendation of the Director, of a Deputy Director and made references to classification and General Schedule pay rate provisions of revised Title 5, reenacted as subpar. (A) proviso of second sentence of former subsec. (b)(1), and added subpar. (B), and in par. (3) reenacted part of first sentence of former subsec. (b)(1).
Subsec. (d). Pub. L. 91–510 incorporated in provisions added as subsec. (d) second sentence, cls. (1) to (3), of former subsec. (a), and in revising the provision, added pars. (2), (3), (5), (7), and (8), substituted "Congressional Research Service" for "Legislative Reference Service", reenacted introductory "without partisan bias" provision of former cl. (2), incorporated in par. (1) former cl. (1), substituting "proposals within that committee's jurisdiction" for "proposals pending before it" and "otherwise to assist in furnishing a basis for the proper evaluation and determination of legislative proposals and recommendations generally" for "otherwise to assist in furnishing a basis for the proper determination of measures before the committee", added subpars. (A) to (C), provision for assistance by providing other research and analytical services, authorization for production of books, records, etc., compliance with request for such production, and maintenance of liaison with all committees, incorporated in par. (4) former cl. (2), substituting "collect" for "gather" and including analysis in form of studies and reports, and making data available to joint committees, and incorporated in par. (6) former cl. (3), omitting provision respecting summaries and digests of public hearings before committees of Congress.
Subsec. (e). Pub. L. 91–510 incorporated in provisions added as subsec. (e) provisions of former subsec. (b)(2), and in revising them, in introductory text, substituted "Congressional Research Service" for "Legislative Reference Service" and authorized appointments "upon the recommendation of the Director", including Specialists; provided numerical item designations for broad fields listed in prior paragraph in run-on form, added fields of national defense, science, technology, urban affairs, and other broad fields as deemed appropriate by the Director in items (14), (16), (19), (21), and (23), and combined separate fields of "full employment" and "labor" in "labor and employment" in item (11); and in last sentence, included Senior Specialists and substituted "such other employees of the Congressional Research Service" for "such other members of the staff" and "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" for "special work with the appropriate committees of Congress for any of the purposes set out in subsection (a)(1) of this section".
Subsecs. (f) to (i). Pub. L. 91–510 added subsecs. (f) to (i).
Subsec. (j). Pub. L. 91–510 incorporated in provisions added as subsec. (j) appropriations authorization of section 203(c) of Act Aug. 2, 1946, which had also provided $550,000, $650,000, and $750,000, for fiscal years ending June 30, 1947, 1948, and 1949, respectively.
1949—Subsec. (b)(1). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–141 effective 90 days after the date on which the Librarian of Congress submits the certification described in section 166a(f)(2)(B) of this title, with delay permitted for technical difficulties, see section 166a(f) of this title.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106–57 applicable with respect to the first pay period which begins on or after Sept. 29, 1999 and each subsequent pay period, see section 209(c) of Pub. L. 106–57, set out as a note under section 136a–2 of this title.
Effective Date of 1970 Amendment
Amendment of provisions, other than enactment of subsecs. (d)(2), (3) and (i) of this section, and enactment of subsecs. (d)(2), (3) and (i) by Pub. L. 91–510 effective immediately prior to noon on Jan. 3, 1971, at the close of the first session of the Ninety-second Congress, and with respect to fiscal years beginning on or after July 1, 1970, respectively, see section 601(1), (3), and (4) of Pub. L. 91–510, set out as a note under section 4301 of this title.
Effective Date
Section effective Aug. 2, 1946, see section 245 of act Aug. 2, 1946, set out as a note under section 4301 of this title.
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Compensation of Director of Congressional Research Service
Pub. L. 105–275, title I, Oct. 21, 1998, 112 Stat. 2444, which provided that the compensation of the Director of the Congressional Research Service, Library of Congress, was to be at an annual rate equal to the annual rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5, was from the Legislative Branch Appropriations Act, 1999, and was not repeated in subsequent appropriations acts. Similar provisions were contained in the following prior appropriation acts:
Pub. L. 105–55, title I, Oct. 7, 1997, 111 Stat. 1190.
Pub. L. 104–197, title I, Sept. 16, 1996, 110 Stat. 2406.
Pub. L. 104–53, title I, Nov. 19, 1995, 109 Stat. 529.
Pub. L. 103–283, title I, July 22, 1994, 108 Stat. 1435.
Pub. L. 103–69, title I, Aug. 11, 1993, 107 Stat. 703.
Pub. L. 102–392, title I, Oct. 6, 1992, 106 Stat. 1715.
Pub. L. 102–90, title I, Aug. 14, 1991, 105 Stat. 460.
Pub. L. 101–520, title I, Nov. 5, 1990, 104 Stat. 2269.
Pub. L. 101–163, title I, Nov. 21, 1989, 103 Stat. 1057.
Pub. L. 100–458, title I, Oct. 1, 1988, 102 Stat. 2171.
Pub. L. 100–202, §101(i) [title I], Dec. 22, 1987, 101 Stat. 1329–290, 1329-303.
Pub. L. 99–500, §101(j) [H.R. 5203, title I], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287.
Pub. L. 99–151, title I, Nov. 13, 1985, 99 Stat. 802.
Pub. L. 98–367, title I, July 17, 1984, 98 Stat. 484.
1 See References in Text note below.
§166a. Equal access to Congressional Research Service Reports
(a) Definitions
(1) CRS product
In this section, the term "CRS product" means any final written work product of CRS containing research or analysis in any format that is available for general congressional access on the CRS Congressional Intranet.
(2) CRS Report
(A) In general
In this section, the term "CRS Report" means any written CRS product, including an update to a previous written CRS product, consisting of—
(i) a Congressional Research Service Report; or
(ii) a Congressional Research Service Authorization of Appropriations Product and Appropriations Product, which is available for general congressional access on the CRS Congressional Intranet.
(B) Exclusions
The term "CRS Report" does not include—
(i) any CRS product that is determined by the CRS Director to be a confidential product or service because it was prepared in response to a congressional request or requests for confidential analysis or research and is not available for general congressional access on the CRS Congressional Intranet;
(ii) any Congressional Research Service Report or any Congressional Research Service Authorization of Appropriations Product and Appropriations Product reported or produced before the effective date of this Act which, as of such effective date, is not available for general congressional access on the CRS Congressional Intranet; or
(iii) a written CRS product that has been made available by CRS for publication on a public website maintained by the GPO Director (other than the Website) or the Library of Congress.
(3) Other definitions
In this section—
(A) the term "CRS" means the Congressional Research Service;
(B) the term "CRS Congressional Intranet" means the Website maintained by CRS at www.crs.gov, or a successor website, for the purpose of providing to Members and employees of Congress access to information from CRS;
(C) the term "CRS Director" means the Director of CRS;
(D) the term "Librarian of Congress" means the Librarian of Congress appointed pursuant to 2 U.S.C. 136–1; 1
(E) the term "Member of Congress" includes a Delegate or Resident Commissioner to Congress; and
(F) the term "Website" means the website established and maintained under subsection (b).
(b) Availability of CRS Reports through Library of Congress Website
(1) Website
(A) Establishment and maintenance
The Librarian of Congress, in consultation with the CRS Director, shall establish and maintain a public website containing CRS Reports and an index of all CRS Reports contained on the website, in accordance with this subsection.
(B) Format
On the Website, CRS Reports shall be searchable, sortable, and downloadable, including downloadable in bulk.
(C) Free access
Notwithstanding any other provision of law, the Librarian of Congress may not charge a fee for access to the Website.
(2) Updates; disclaimer
The Librarian of Congress, in consultation with the CRS Director, shall ensure that the Website—
(A) is updated contemporaneously, automatically, and electronically to include each new or updated CRS Report released on or after the effective date of this section;
(B) shows the status of each CRS Report as new, updated, or archived; and
(C) displays the following statement in reference to the CRS Reports included on the Website: "These documents were prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS's institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.".
(3) Furnishing of necessary information and technology
The CRS Director shall consult with and provide assistance to the Librarian of Congress to ensure—
(A) that the Librarian of Congress is provided with all of the information necessary to carry out this section, including all of the information described in clauses (i) through (iv) of subsection (c)(1)(A), in such format and manner as the Librarian of Congress considers appropriate; and
(B) that CRS makes available any information and assistance as may be necessary to facilitate the contemporaneous, automatic, and electronic provision of CRS Reports to the Librarian of Congress as required under this section.
(4) Nonexclusivity
The Librarian of Congress may publish other information on the Website.
(5) Alternative techniques
The Librarian of Congress and the CRS Director may use additional techniques to make CRS Reports available to the public, if such techniques are consistent with this section and any other applicable laws.
(6) Additional information
The CRS Director is encouraged to make additional CRS products that are not confidential products or services available to the Librarian of Congress for publication on the Website, and the Librarian of Congress is encouraged to publish such CRS products on the Website.
(7) Omitted
(c) Website contents
(1) Specific requirements for Reports posted on Website
(A) Responsibilities of Librarian of Congress
With respect to each CRS Report included on the Website, the Librarian of Congress shall include—
(i) the name and identification number of the CRS Report;
(ii) an indication as to whether the CRS Report is new, updated, or archived;
(iii) the date of release of the CRS Report; and
(iv) any other information the Librarian of Congress, in consultation with the CRS Director, considers appropriate.
(B) Responsibilities of CRS Director
With respect to each CRS Report included on the Website, the CRS Director shall, prior to transmitting the Report to the Librarian of Congress—
(i) at the discretion of the CRS Director, remove the name of and any contact information for any employee of CRS; and
(ii) include in the CRS Report the following written statement: "This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS's institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as this CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.".
(2) Specific requirements for index on Website
The Librarian of Congress shall ensure that the index of all CRS Reports published on the Website is—
(A) comprehensive;
(B) contemporaneously updated;
(C) searchable;
(D) sortable;
(E) maintained in a human-readable format;
(F) maintained in a structured data format;
(G) downloadable; and
(H) inclusive of each item of information described in paragraph (1)(A) with respect to each CRS Report.
(d) Omitted
(e) Rules of construction
(1) No effect on Speech or Debate Clause
Nothing in this section may be construed to diminish, qualify, condition, waive, or otherwise affect the applicability of clause 1 of section 6 of article I of the Constitution of the United States (commonly known as the "Speech or Debate Clause") or any other privilege available to Congress or Members, offices, or employees of Congress with respect to any CRS Report made available online under this section.
(2) Confidential communications
Nothing in this section may be construed to waive the requirement that any confidential communication by CRS to a Member, office, or committee of Congress shall remain under the custody and control of Congress and may be released only by Congress and its Houses, Members, offices, and committees, in accordance with the rules and privileges of each House and the requirements of this section.
(3) Dissemination of CRS products
Nothing in this section may be construed to limit or otherwise affect the ability of a Member, office, or committee of Congress to disseminate CRS products on a website of the Member, office, or committee or to otherwise provide CRS products to the public, including as part of constituent service activities.
(f) Effective date
(1) In general
Except as provided in paragraph (2)(C), this section and the amendments made by this section shall take effect 90 days after the date on which the Librarian of Congress submits the certification described in paragraph (2)(B).
(2) Provision of information and technology
(A) CRS deadline
Not later than 90 days after March 23, 2018, the CRS Director shall provide the Librarian of Congress with the information necessary for the Librarian of Congress to begin the initial operation of the Website.
(B) Certification
Upon provision of the information described in subparagraph (A), the Librarian of Congress shall submit to Congress a certification that the CRS Director has provided the information necessary for the Librarian of Congress to begin the initial operation of the Website.
(C) Technical delays
In the event of technical difficulties encountered in planning or implementing the requirements of this section and the amendments made by this section, upon providing a detailed report submitted by the Librarian of Congress or the CRS Director to the Committees on Appropriations of the House and the Senate detailing the nature of the technical difficulties and the timeline for resolving such technical difficulties, the effective date established by subsection (f)(1) shall be extended for up to 90 additional days.
(Pub. L. 115–141, div. I, title I, §154, Mar. 23, 2018, 132 Stat. 787.)
Editorial Notes
References in Text
The effective date of this Act and such effective date, referred to in subsec. (a)(2)(B)(ii), are the date of enactment of div. I of Pub. L. 115–141, which was approved Mar. 23, 2018. For the effective date of this section, see subsec. (f) of this section.
2 U.S.C. 136–1, referred to in subsec. (a)(3)(D), was so in the original, but probably should have been a reference to section 2 of the Librarian of Congress Succession Modernization Act of 2015, Pub. L. 114–86, which is classified to section 136–1 of this title.
For the amendments made by this section, referred to in subsec. (f)(1), (2)(C), see Codification note below.
Codification
Section is comprised of section 154 of Pub. L. 115–141. Subsecs. (b)(7) and (d) of section 154 of Pub. L. 115–141 amended section 166 of this title.
1 See References in Text note below.
§§167 to 167h. Repealed. Pub. L. 110–161, div. H, title I, §1004(d)(1)(B), (2)(B), Dec. 26, 2007, 121 Stat. 2233, 2234, and Pub. L. 110–178, §4(a)(2), (b)(2), Jan. 7, 2008, 121 Stat. 2551, 2552; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54
Section 167, act Aug. 4, 1950, ch. 561, §1, 64 Stat. 411; Pub. L. 90–610, §1, Oct. 21, 1968, 82 Stat. 1201; Pub. L. 93–175, §1, Dec. 5, 1973, 87 Stat. 693; Pub. L. 100–135, §1(a), Oct. 16, 1987, 101 Stat. 811, authorized the Librarian of Congress to designate Library employees as police for duty with respect to the Library of Congress buildings and adjacent streets.
Section 167a, act Aug. 4, 1950, ch. 561, §2, 64 Stat. 411, related to public use of Library of Congress grounds.
Section 167b, act Aug. 4, 1950, ch. 561, §3, 64 Stat. 411, related to sales, advertisements, and solicitations in Library buildings and grounds.
Section 167c, act Aug. 4, 1950, ch. 561, §4, 64 Stat. 411, related to injuries to Library property.
Section 167d, act Aug. 4, 1950, ch. 561, §5, 64 Stat. 411, related to the discharge of firearms or fireworks, making haranguing or threatening speeches, and the use of objectionable language in Library buildings and grounds.
Section 167e, act Aug. 4, 1950, ch. 561, §6, 64 Stat. 411, related to parades, assemblages or display of flags in Library buildings and grounds.
Section 167f, act Aug. 4, 1950, ch. 561, §7, 64 Stat. 411, related to regulations for Library buildings and grounds and their publication and effective date.
Section 167g, act Aug. 4, 1950, ch. 561, §8, 64 Stat. 412; Pub. L. 88–60, §1, July 8, 1963, 77 Stat. 77; Pub. L. 91–358, §111, July 29, 1970, 84 Stat. 473; Pub. L. 101–562, §3, Nov. 15, 1990, 104 Stat. 2781, related to prosecution and punishment of offenses in Library buildings and grounds.
Section 167h, act Aug. 4, 1950, ch. 561, §9, 64 Stat. 412; Pub. L. 93–198, title VII, §739(g)(9), Dec. 24, 1973, 87 Stat. 829; Pub. L. 100–135, §1(b)(1), Oct. 16, 1987, 101 Stat. 811, related to jurisdiction of police within Library buildings, grounds, and adjacent streets.
Editorial Notes
Codification
Pub. L. 110–161, div. H, title I, §1004(d)(1)(B), (2)(B), and Pub. L. 110–178, §4(a)(2), (b)(2), identically repealed sections 167 to 167h of this title. Pub. L. 110–161, §1004, was repealed by Pub. L. 111–145.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as an Effective Date of 2010 Amendment note under section 1901 of this title.
Pub. L. 110–178, §4(d), Jan. 7, 2008, 121 Stat. 2552, provided that: "The amendments made by this section [amending sections 167i, 167j, 185, and 1961 of this title and sections 5101, 5102, and 5104 of Title 40, Public Buildings, Property, and Works, and repealing sections 167 to 167h of this title] shall take effect October 1, 2009."
Pub. L. 110–161, div. H, title I, §1004(d)(1)(B), Dec. 26, 2007, 121 Stat. 2233, and Pub. L. 110–178, §4(a)(2), Jan. 7, 2008, 121 Stat. 2551, provided that section 167 of this title was repealed on Oct. 1, 2009. Pub. L. 110–161, §1004, was repealed by Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.
Pub. L. 110–161, div. H, title I, §1004(d)(4), Dec. 26, 2007, 121 Stat. 2234, which provided that the amendments made by section 1004(d) of Pub. L. 110–161 (amending sections 167i, 167j, 185, and 1961 of this title and sections 5101, 5102, and 5104 of Title 40, Public Buildings, Property, and Works, and repealing sections 167 to 167h of this title) would take effect Oct. 1, 2009, was repealed by Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.
§167i. Suspension of prohibitions against use of Library buildings and grounds
In order to permit the observance of authorized ceremonies within the Library of Congress buildings and grounds, the Librarian of Congress may suspend for such occasions so much of the prohibitions contained in sections 5103 and 5104 of title 40 as may be necessary for the occasion, but only if responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of the Librarian, for the maintenance of suitable order and decorum in the proceedings, and for the protection of the Library buildings and grounds and of persons and property therein.
(Aug. 4, 1950, ch. 561, §10, 64 Stat. 412; Pub. L. 110–161, div. H, title I, §1004(d)(2)(C), Dec. 26, 2007, 121 Stat. 2234; Pub. L. 110–178, §4(b)(3), Jan. 7, 2008, 121 Stat. 2552; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
Editorial Notes
Amendments
2010—Pub. L. 111–145 repealed Pub. L. 110–161, §1004(d)(2)(C). See 2007 Amendment note below.
2008—Pub. L. 110–178 substituted "5103 and 5104 of title 40" for "167a to 167e of this title".
2007—Pub. L. 110–161, §1004(d)(2)(C), which made amendment identical to that of Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–178 effective Oct. 1, 2009, see section 4(d) of Pub. L. 110–178, set out as an Effective Date of Repeal note under former section 167 of this title.
§167j. Area comprising Library of Congress grounds; "buildings and grounds" defined
(a) The Library of Congress grounds shall be held to extend to the line of the face of the east curb of First Street Southeast, between B Street Southeast and East Capitol Street; to the line of the face of the south curb of East Capitol Street, between First Street Southeast and Second Street Southeast; to the line of the face of the west curb of Second Street Southeast, between East Capitol Street and B Street Southeast; to the line of the face of the north curb of B Street Southeast, between First Street Southeast and Second Street Southeast; and to the line of the face of the east curb of Second Street Southeast, between Pennsylvania Avenue Southeast and the north side of the alley separating the Library Annex Building and the Folger Shakespeare Library; to the line of the north side of the same alley, between Second Street Southeast and Third Street Southeast; to the line of the face of the west curb of Third Street Southeast, between the north side of the same alley and B Street Southeast; to the line of the face of the north curb of B Street Southeast, between Third Street Southeast and Pennsylvania Avenue Southeast; to the line of the face of the northeast curb of Pennsylvania Avenue Southeast, between B Street Southeast and Second Street Southeast.
(b) The term "Library of Congress buildings and grounds" shall include (1) the whole or any part of any building or structure which is occupied under lease or otherwise by the Library of Congress and is subject to supervision and control by the Librarian of Congress, (2) the land upon which there is situated any building or structure which is occupied wholly by the Library of Congress, and (3) any subway or enclosed passageway connecting two or more buildings or structures occupied in whole or in part by the Library of Congress.
(c) The term "Library of Congress buildings and grounds" shall include (1) all real property in lot 51 in square 869 in the District of Columbia, as that lot appears on the records in the office of the Surveyor of the District of Columbia on August 1, 1990, extending to the outer face of the curbs of the square in which it is located and including all alleys or parts of alleys and streets within the lot lines and curb lines surrounding such real property, and (2) improvements to such real property.
(d) The term "Library of Congress buildings and grounds" shall include the following property:
(1) Three parcels totaling approximately 45 acres, more or less, located in Culpeper County, Virginia, and identified as Culpeper County Tax Parcel Numbers 51–80B, 51–80C, and 51–80D, further described as real estate (consisting of 40.949 acres) conveyed to David and Lucile Packard Foundation by deed from Federal Reserve Bank of Richmond, dated May 15, 1998, and recorded May 19, 1998, in the Clerk's Office, Circuit Court of Culpeper County, Virginia, in Deed Book 644, page 372; and real estate (consisting of 4.181 acres) conveyed to Packard Humanities Institute by deed from Russell H. Inskeep, dated February 13, 2002, and recorded February 13, 2002, in the Clerk's Office, Circuit Court of Culpeper County, Virginia, as instrument number 020001299.
(2) Improvements to such real property.
(Aug. 4, 1950, ch. 561, §11, 64 Stat. 412; Pub. L. 91–281, June 17, 1970, 84 Stat. 309; Pub. L. 101–520, title II, §205(d), Nov. 5, 1990, 104 Stat. 2272; Pub. L. 101–562, §2(c), Nov. 15, 1990, 104 Stat. 2780; Pub. L. 105–144, §2, Dec. 15, 1997, 111 Stat. 2667; Pub. L. 108–83, title I, §1203(b), Sept. 30, 2003, 117 Stat. 1031; Pub. L. 110–161, div. H, title I, §1004(d)(2)(D), Dec. 26, 2007, 121 Stat. 2234; Pub. L. 110–178, §4(b)(4), Jan. 7, 2008, 121 Stat. 2552; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
Editorial Notes
Amendments
2010—Pub. L. 111–145 repealed Pub. L. 110–161, §1004(d)(2)(D). See 2007 Amendment notes below.
2008—Subsec. (a). Pub. L. 110–178, §4(b)(4)(A), substituted "The" for "For the purposes of sections 167 to 167j of this title the".
Subsecs. (b) to (d). Pub. L. 110–178, §4(b)(4)(B)–(D), substituted "The" for "For the purposes of sections 167 to 167j of this title, the".
2007—Subsec. (a). Pub. L. 110–161, §1004(d)(2)(D)(i), which made amendment identical to that made by Pub. L. 110–178, §4(b)(4)(A), was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
Subsecs. (b) to (d). Pub. L. 110–161, §1004(d)(2)(D)(ii)–(iv), which directed substitution of "The" for "For the purposes of sections 167 to 167j of this title the", but could not be executed because "For the purposes of sections 167 to 167j of this title the" did not appear in text, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
2003—Subsec. (d)(1). Pub. L. 108–83 added par. (1) and struck out former par. (1) which read as follows: "Three parcels totaling approximately 41 acres, more or less, located in Culpeper County, Virginia, and identified as Culpeper County Tax Parcel Numbers 51–80B, 51–80C, and 51–80D, further described as real estate (consisting of 15.949 acres) conveyed to Federal Reserve Bank of Richmond by deed from Russell H. Inskeep and Jean H. Inskeep, his wife, dated October 1, 1964, and recorded October 7, 1964, in the Clerk's Office, Circuit Court of Culpeper County, Virginia, in Deed Book 177, page 431; and real estate (consisting of 20.498 acres and consisting of 4.502 acres) conveyed to Federal Reserve Bank of Richmond by deed from Russell H. Inskeep and Jean H. Inskeep, his wife, dated November 11, 1974, and recorded November 12, 1974, in the Clerk's Office, Circuit Court of Culpeper County, Virginia, in Deed Book 247, page 246."
1997—Subsec. (d). Pub. L. 105–144 added subsec. (d).
1990—Subsec. (c). Pub. L. 101–520 and Pub. L. 101–562 made substantially identical amendments, adding subsec. (c). The text of subsec. (c) is based on amendment by Pub. L. 101–562.
1970—Pub. L. 91–281 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–178 effective Oct. 1, 2009, see section 4(d) of Pub. L. 110–178, set out as an Effective Date of Repeal note under former section 167 of this title.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–144 effective upon acquisition by Architect of the Capitol of property described in section 1 of Pub. L. 105–144, see section 5 of Pub. L. 105–144, set out as an Acquisition of Real Property for Library of Congress note under section 141 of this title.
Effective Date of 1990 Amendments
Amendment by Pub. L. 101–520 and Pub. L. 101–562 effective on date [Nov. 6, 1991] Architect of the Capitol acquires the property and improvements described in Pub. L. 101–520, §205(a), and Pub. L. 101–562, §1, see section 205(e) of Pub. L. 101–520 and former section 2(d) of Pub. L. 101–562, set out as a Special Facilities Center; Acquisition note under section 141 of this title.
§168. Constitution of the United States; preparation and publication of revised edition; annotations; supplements; decennial editions and supplements
The Librarian of Congress shall have prepared—
(1) a hardbound revised edition of the Constitution of the United States of America—Analysis and Interpretation, published as Senate Document Numbered 39, Eighty-eighth Congress (referred to hereinafter as the "Constitution Annotated"), which shall contain annotations of decisions of the Supreme Court of the United States through the end of the October 1971 term of the Supreme Court, construing provisions of the Constitution;
(2) upon the completion of each of the October 1973, October 1975, October 1977, and October 1979 terms of the Supreme Court, a cumulative pocket-part supplement to the hardbound revised edition of the Constitution Annotated prepared pursuant to clause (1), which shall contain cumulative annotations of all such decisions rendered by the Supreme Court after the end of the October 1971 term;
(3) upon the completion of the October 1981 term of the Supreme Court, and upon the completion of each tenth October term of the Supreme Court thereafter, a hardbound decennial revised edition of the Constitution Annotated, which shall contain annotations of all decisions theretofore rendered by the Supreme Court construing provisions of the Constitution; and
(4) upon the completion of the October 1983 term of the Supreme Court, and upon the completion of each subsequent October term of the Supreme Court beginning in an odd-numbered year (the final digit of which is not a 1), a cumulative pocket-part supplement to the most recent hardbound decennial revised edition of the Constitution Annotated, which shall contain cumulative annotations of all such decisions rendered by the Supreme Court which were not included in that hardbound decennial revised edition of the Constitution Annotated.
(Pub. L. 91–589, §1, Dec. 24, 1970, 84 Stat. 1586.)
§168a. Printing of Constitution Annotated as Senate documents
All hardbound revised editions and all cumulative pocket-part supplements shall be printed as Senate documents.
(Pub. L. 91–589, §2, Dec. 24, 1970, 84 Stat. 1586.)
§168b. Printing and distribution of additional copies of Constitution Annotated
There shall be printed four thousand eight hundred and seventy additional copies of the hardbound revised editions prepared pursuant to clause (1) of section 168 of this title and of all cumulative pocket-part supplements thereto, of which two thousand six hundred and thirty-four copies shall be for the use of the House of Representatives, one thousand two hundred and thirty-six copies shall be for the use of the Senate, and one thousand copies shall be for the use of the Joint Committee on Printing. All Members of the Congress, Vice Presidents of the United States, and Delegates and Resident Commissioners, newly elected subsequent to the issuance of the hardbound revised edition prepared pursuant to such clause and prior to the first hardbound decennial revised edition, who did not receive a copy of the edition prepared pursuant to such clause, shall, upon timely request, receive one copy of such edition and the then current cumulative pocket-part supplement and any further supplements thereto. All Members of the Congress, Vice Presidents of the United States, and Delegates and Resident Commissioners, no longer serving after the issuance of the hardbound revised edition prepared pursuant to such clause and who received such edition, may receive one copy of each cumulative pocket-part supplement thereto upon timely request.
(Pub. L. 91–589, §3, Dec. 24, 1970, 84 Stat. 1586.)
§168c. Printing and distribution of decennial editions and supplements to Constitution Annotated
Additional copies of each hardbound decennial revised edition and of the cumulative pocket-part supplements thereto shall be printed and distributed in accordance with the provisions of any concurrent resolution hereafter adopted with respect thereto.
(Pub. L. 91–589, §4, Dec. 24, 1970, 84 Stat. 1587.)
§168d. Authorization of appropriations for Constitution Annotated
There are authorized to be appropriated such sums, to remain available until expended, as may be necessary to carry out the provisions of sections 168 to 168d of this title.
(Pub. L. 91–589, §5, Dec. 24, 1970, 84 Stat. 1587.)
§169. Positions in Library of Congress exempt from citizenship requirement
From and after October 1, 1983, not to exceed fifteen positions in the Library of Congress may be exempt from the provisions of appropriation Acts concerning the employment of aliens during the current fiscal year, but the Librarian shall not make any appointment to any such position until he has ascertained that he cannot secure for such appointments a person in any of the categories specified in such provisions who possesses the special qualifications for the particular position and also otherwise meets the general requirements for employment in the Library of Congress.
(Pub. L. 98–51, title II, §202, July 14, 1983, 97 Stat. 276.)
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation acts:
Oct. 2, 1982, Pub. L. 97–276, §101(e) [S. 2939, title II, §202], 96 Stat. 1189.
Oct. 1, 1981, Pub. L. 97–51, §101(c) [H.R. 4120, title II, §202], 95 Stat. 959.
Dec. 16, 1980, Pub. L. 96–536, §101(c) [H.R. 7593, title II, §202], 94 Stat. 3167.
Oct. 12, 1979, Pub. L. 96–86, §101(c) [H.R. 4390, title II, §202], 93 Stat. 657.
Sept. 30, 1978, Pub. L. 95–391, title II, §202, 92 Stat. 785.
Aug. 5, 1977, Pub. L. 95–94, title II, §202, 91 Stat. 677.
Oct. 1, 1976, Pub. L. 94–440, title VIII, §802, 90 Stat. 1457.
July 25, 1975, Pub. L. 94–59, title VII, §702, 89 Stat. 294.
Aug. 13, 1974, Pub. L. 93–371, 88 Stat. 441.
Nov. 1, 1973, Pub. L. 93–145, 87 Stat. 547.
July 10, 1972, Pub. L. 92–342, 86 Stat. 446.
July 9, 1971, Pub. L. 92–51, 85 Stat. 141.
Aug. 18, 1970, Pub. L. 91–382, 84 Stat. 823.
Dec. 12, 1969, Pub. L. 91–145, 83 Stat. 357.
July 23, 1968, Pub. L. 90–417, 82 Stat. 411.
July 28, 1967, Pub. L. 90–57, 81 Stat. 140.
Aug. 27, 1966, Pub. L. 89–545, 80 Stat. 368.
July 27, 1965, Pub. L. 89–90, 79 Stat. 280.
Aug. 20, 1964, Pub. L. 88–454, 78 Stat. 548.
Dec. 30, 1963, Pub. L. 88–248, 77 Stat. 816.
Oct. 2, 1962, Pub. L. 87–730, 76 Stat. 692.
Aug. 10, 1961, Pub. L. 87–130, 75 Stat. 333.
July 12, 1960, Pub. L. 86–628, 74 Stat. 459.
Aug. 21, 1959, Pub. L. 86–176, 73 Stat. 411.
July 31, 1958, Pub. L. 85–570, 72 Stat. 452.
July 1, 1957, Pub. L. 85–75, 71 Stat. 255.
June 27, 1956, ch. 453, 70 Stat. 368.
Aug. 5, 1955, ch. 568, 69 Stat. 518.
July 2, 1954, ch. 455, 68 Stat. 408.
Aug. 1, 1953, ch. 304, 67 Stat. 330.
July 9, 1952, ch. 598, 66 Stat. 476.
Oct. 11, 1951, ch. 485, 65 Stat. 400.
Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 606.
June 22, 1949, ch. 235, 63 Stat. 228.
June 14, 1948, ch. 467, 62 Stat. 434.
July 17, 1947, ch. 262, 61 Stat. 374.
July 1, 1946, ch. 530, 60 Stat. 405.
June 13, 1945, ch. 189, 59 Stat. 256.
June 26, 1944, ch. 277, 58 Stat. 351.
June 28, 1943, ch. 173, 57 Stat. 236.
§170. American Television and Radio Archives
(a) Establishment and maintenance in Library of Congress; purpose; determination of composition, cataloging, indexing and availability by Librarian
The Librarian of Congress (hereinafter referred to as the "Librarian") shall establish and maintain in the Library of Congress a library to be known as the American Television and Radio Archives (hereinafter referred to as the "Archives"). The purpose of the Archives shall be to preserve a permanent record of the television and radio programs which are the heritage of the people of the United States and to provide access to such programs to historians and scholars without encouraging or causing copyright infringement.
(1) The Librarian, after consultation with interested organizations and individuals, shall determine and place in the Archives such copies and phonorecords of television and radio programs transmitted to the public in the United States and in other countries which are of present or potential public or cultural interest, historical significance, cognitive value, or otherwise worthy of preservation, including copies and phonorecords of published and unpublished transmission programs—
(A) acquired in accordance with sections 407 and 408 of title 17; and
(B) transferred from the existing collections of the Library of Congress; and
(C) given to or exchanged with the Archives by other libraries, archives, organizations, and individuals; and
(D) purchased from the owner thereof.
(2) The Librarian shall maintain and publish appropriate catalogs and indexes of the collections of the Archives, and shall make such collections available for study and research under the conditions prescribed under this section.
(b) Reproduction, compilation, and distribution for research of regularly scheduled newscasts or on-the-spot coverage of news events by Librarian; promulgation of regulations
Notwithstanding the provisions of section 106 of title 17, the Librarian is authorized with respect to a transmission program which consists of a regularly scheduled newscast or on-the-spot coverage of news events and, under standards and conditions that the Librarian shall prescribe by regulation—
(1) to reproduce a fixation of such a program, in the same or another tangible form, for the purposes of preservation or security or for distribution under the conditions of clause (3) of this subsection; and
(2) to compile, without abridgment or any other editing, portions of such fixations according to subject matter, and to reproduce such compilations for the purpose of clause (1) of this subsection; and
(3) to distribute a reproduction made under clause (1) or (2) of this subsection—
(A) by loan to a person engaged in research; and
(B) for deposit in a library or archives which meets the requirements of section 108(a) of title 17,
in either case for use only in research and not for further reproduction or performance.
(c) Liability for copyright infringement by Librarian or any employee of Librarian
The Librarian or any employee of the Library who is acting under the authority of this section shall not be liable in any action for copyright infringement committed by any other person unless the Librarian or such employee knowingly participated in the act of infringement committed by such person. Nothing in this section shall be construed to excuse or limit liability under title 17 for any act not authorized by that title or this section, or for any act performed by a person not authorized to act under that title or this section.
(d) Short title
This section may be cited as the "American Television and Radio Archives Act".
(Pub. L. 94–553, title I, §113, Oct. 19, 1976, 90 Stat. 2601.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1978, see section 102 of Pub. L. 94–553, set out as a note preceding section 101 of Title 17, Copyrights.
§171. Congressional declaration of findings and purpose as to Center for the Book
The Congress hereby finds and declares—
(1) that the Congress of the United States on April 24, 1800, established for itself a library of the Congress;
(2) that in 1815, the Congress purchased the personal library of the third President of the United States which contained materials on every science known to man and described such a collection as a "substratum of a great national library";
(3) that the Congress of the United States in recognition of the importance of printing and its impact on America purchased the Gutenberg Bible in 1930 for the Nation for placement in the Library of Congress;
(4) that the Congress of the United States has through statute and appropriations made this library accessible to any member of the public;
(5) that this collection of books and other library materials has now become one of the greatest libraries in civilization;
(6) that the book and the printed word have had the most profound influence on American civilization and learning and have been the very foundation on which our democratic principles have survived through our two hundred-year history;
(7) that in the year 1977, the Congress of the United States assembled hereby declares its reaffirmation of the importance of the printed word and the book and recognizes the importance of a Center for the Book to the continued study and development of written record as central to our understanding of ourselves and our world.
It is therefore the purpose of sections 171 to 175 of this title to establish a Center for the Book in the Library of Congress to provide a program for the investigation of the transmission of human knowledge and to heighten public interest in the role of books and printing in the diffusion of this knowledge.
(Pub. L. 95–129, §1, Oct. 13, 1977, 91 Stat. 1151.)
§172. Definitions
As used in sections 171 to 175 of this title—
(1) the term Center means the Center for the Book;
(2) the term Librarian means the Librarian of Congress.
(Pub. L. 95–129, §2, Oct. 13, 1977, 91 Stat. 1151.)
§173. Establishment of Center for the Book
There is hereby established in the Library of Congress a Center for the Book.
The Center shall be under the direction of the Librarian of Congress.
(Pub. L. 95–129, §3, Oct. 13, 1977, 91 Stat. 1151.)
§174. Function of Center for the Book
The Librarian through the Center shall stimulate public interest and research in the role of the book in the diffusion of knowledge through such activities as a visiting scholar program accompanied by lectures, exhibits, publications, and any other related activities.
(Pub. L. 95–129, §4, Oct. 13, 1977, 91 Stat. 1152.)
§175. Administrative provisions
The Librarian of Congress, in carrying out the Center's functions, is authorized to—
(1) prescribe such regulations as he deems necessary;
(2) receive money and other property donated, bequeathed, or devised for the purposes of the Center, and to use, sell, or otherwise dispose of such property for the purposes of carrying out the Center's functions, without reference to Federal disposal statutes; and
(3) 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.
(Pub. L. 95–129, §5, Oct. 13, 1977, 91 Stat. 1152.)
§176. Mass Book Deacidification Facility; operation by Librarian of Congress
Notwithstanding any other provision of law, the Librarian of Congress shall equip, furnish, operate, and maintain the Library of Congress Mass Book Deacidification Facility.
(Pub. L. 98–427, §2, Sept. 28, 1984, 98 Stat. 1656.)
Statutory Notes and Related Subsidiaries
Authorization To Construct Facility
Pub. L. 98–427, §1, Sept. 28, 1984, 98 Stat. 1656, provided: "That the Librarian of Congress is authorized and directed, subject to the supervision and construction authority of a Federal civilian or military agency, to construct the Library of Congress Mass Book Deacidification Facility in accordance with the general design developed by the Library of Congress and reviewed by the Architect of the Capitol, as set forth in the document entitled 'Library of Congress Mass Book Deacidification Facility, Engineering, Design, and Cost Estimate and Drawings', dated December 1983. Such facility shall be constructed on Federal property within seventy-five miles of the United States Capitol Building."
Authorization of Appropriation
Pub. L. 98–427, §3, Sept. 28, 1984, 98 Stat. 1656, provided that: "There are authorized to be appropriated for fiscal years beginning after September 30, 1983, sums not to exceed $11,500,000 to carry out the provisions of this Act [enacting this section and a provision set out as a note under this section]."
§177. Poet Laureate Consultant in Poetry
(a) Recognition
The Congress recognizes that the Consultant in Poetry to the Library of Congress has for some time occupied a position of prominence in the life of the Nation, has spoken effectively for literary causes, and has occasionally performed duties and functions sometimes associated with the position of poet laureate in other nations and societies. Individuals are appointed to the position of Consultant in Poetry by the Librarian of Congress for one- or two-year terms solely on the basis of literary merit, and are compensated from endowment funds administered by the Library of Congress Trust Fund Board. The Congress further recognizes this position is equivalent to that of Poet Laureate of the United States.
(b) Position established
(1) There is established in the Library of Congress the position of Poet Laureate Consultant in Poetry. The Poet Laureate Consultant in Poetry shall be appointed by the Librarian of Congress pursuant to the same procedures of appointment as established on December 20, 1985, for the Consultant in Poetry to the Library of Congress.
(2) Each department and office of the Federal Government is encouraged to make use of the services of the Poet Laureate Consultant in Poetry for ceremonial and other occasions of celebration under such procedures as the Librarian of Congress shall approve designed to assure that participation under this paragraph does not impair the continuation of the work of the individual chosen to fill the position of Poet Laureate Consultant in Poetry.
(c) Poetry program
(1) The Chairperson of the National Endowment for the Arts, with the advice of the National Council on the Arts, shall annually sponsor a program at which the Poet Laureate Consultant in Poetry will present a major work or the work of other distinguished poets.
(2) There are authorized to be appropriated to the National Endowment for the Arts $10,000 for the fiscal year 1987 and for each succeeding fiscal year ending prior to October 1, 1990, for the purpose of carrying out this subsection.
(Pub. L. 99–194, title VI, §601, Dec. 20, 1985, 99 Stat. 1347.)
§§178 to 178l. Repealed. Pub. L. 102–307, title II, §214, June 26, 1992, 106 Stat. 272
Section 178, Pub. L. 100–446, title I, §1, Sept. 27, 1988, 102 Stat. 1782, related to Congressional findings on national film preservation.
Section 178a, Pub. L. 100–446, title I, §2, Sept. 27, 1988, 102 Stat. 1782, related to establishment of a National Film Registry.
Section 178b, Pub. L. 100–446, title I, §3, Sept. 27, 1988, 102 Stat. 1782, related to the duties of Librarian of Congress with respect to the National Film Registry.
Section 178c, Pub. L. 100–446, title I, §4, Sept. 27, 1988, 102 Stat. 1784, related to film labeling requirements.
Section 178d, Pub. L. 100–446, title I, §5, Sept. 27, 1988, 102 Stat. 1785, related to misuse of National Film Registry seal.
Section 178e, Pub. L. 100–446, title I, §6, Sept. 27, 1988, 102 Stat. 1785, related to remedies for film labeling violations or for misusing the National Film Registry seal.
Section 178f, Pub. L. 100–446, title I, §7, Sept. 27, 1988, 102 Stat. 1785, related to exclusivity of remedies provided in former section 178e of this title.
Section 178g, Pub. L. 100–446, title I, §8, Sept. 27, 1988, 102 Stat. 1785; Pub. L. 102–378, §5(c), Oct. 2, 1992, 106 Stat. 1358, related to establishment of National Film Preservation Board.
Section 178h, Pub. L. 100–446, title I, §9, Sept. 27, 1988, 102 Stat. 1787, related to staff of National Film Registry Board and authority of Board to procure services of experts and consultants.
Section 178i, Pub. L. 100–446, title I, §10, Sept. 27, 1988, 102 Stat. 1787, related to powers of National Film Registry Board.
Section 178j, Pub. L. 100–446, title I, §11, Sept. 27, 1988, 102 Stat. 1787, contained definitions.
Section 178k, Pub. L. 100–446, title I, §12, Sept. 27, 1988, 102 Stat. 1788, authorized appropriations.
Section 178l, Pub. L. 100–446, title I, §13, Sept. 27, 1988, 102 Stat. 1788, provided effective date, sunset, and savings provisions for former sections 178 to 178l of this title.
For similar provisions, see section 179l et seq. of this title.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 100–446, title I, §1, Sept. 27, 1988, 102 Stat. 1782, which provided that sections 178 to 178l of this title were to be cited as the "National Film Preservation Act of 1988" was repealed by Pub. L. 102–307, title III, §214, June 26, 1992, 106 Stat. 272.
§§179 to 179k. Repealed. Pub. L. 104–285, title I, §114, Oct. 11, 1996, 110 Stat. 3382
Section 179, Pub. L. 102–307, title II, §202, June 26, 1992, 106 Stat. 267, required Librarian of Congress to establish National Film Registry for purpose of maintaining and preserving culturally, historically, or aesthetically significant films.
Section 179a, Pub. L. 102–307, title II, §203, June 26, 1992, 106 Stat. 267, required Librarian of Congress to conduct study of film preservation, to establish film preservation program and guidelines and procedures for inclusion of films in National Film Registry, and to report to Congress on films selected and activities undertaken.
Section 179b, Pub. L. 102–307, title II, §204, June 26, 1992, 106 Stat. 268, related to establishment of National Film Preservation Board and provided for number and appointment of members, chairperson, term of office, quorum, basic pay, meetings, and conflict of interest.
Section 179c, Pub. L. 102–307, title II, §205, June 26, 1992, 106 Stat. 270, related to responsibilities and powers of Board, including consultation with Librarian with respect to inclusion of films in Registry, consideration of films nominated for inclusion in Registry, and general powers.
Section 179d, Pub. L. 102–307, title II, §206, June 26, 1992, 106 Stat. 270, related to National Film Registry Collection of Library of Congress, including provisions relating to acquisition of archival quality copies and additional materials, ownership of copies and additional materials by United States, and maintenance of and access to Collection.
Section 179e, Pub. L. 102–307, title II, §207, June 26, 1992, 106 Stat. 271, related to seal of National Film Registry.
Section 179f, Pub. L. 102–307, title II, §208, June 26, 1992, 106 Stat. 271, provided that district courts of United States were to have jurisdiction to prevent and restrain unlawful use of seal.
Section 179g, Pub. L. 102–307, title II, §209, June 26, 1992, 106 Stat. 271, provided that remedies provided in section 179f were to be exclusive.
Section 179h, Pub. L. 102–307, title II, §210, June 26, 1992, 106 Stat. 271, authorized Librarian to appoint and fix pay of staff and to procure services of experts and consultants.
Section 179i, Pub. L. 102–307, title II, §211, June 26, 1992, 106 Stat. 271, defined terms for purpose of sections 179 to 179k of this title.
Section 179j, Pub. L. 102–307, title II, §212, June 26, 1992, 106 Stat. 272, authorized to be appropriated to Librarian necessary sums to carry out sections 179 to 179k of this title.
Section 179k, Pub. L. 102–307, title II, §213, June 26, 1992, 106 Stat. 272, provided that sections 179 to 179k of this title were effective for 4 years beginning June 26, 1992, and applicable to any copy of any film, including copies of films selected for inclusion in National Film Registry under National Film Preservation Act of 1988.
For similar provisions, see section 179l et seq. of this title.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 102–307, title II, §201, June 26, 1992, 106 Stat. 267, which provided that title II of Pub. L. 102–307, which enacted sections 179 to 179k of this title and repealed sections 178 to 178l of this title and provisions set out as a note under section 178 of this title, was to be cited as the "National Film Preservation Act of 1992", was repealed by Pub. L. 104–285, title I, §114, Oct. 11, 1996, 110 Stat. 3382.
§179l. National Film Registry of Library of Congress
The Librarian of Congress (hereafter in sections 179l to 179w of this title referred to as the "Librarian") shall continue the National Film Registry established and maintained under the National Film Preservation Act of 1988 (Public Law 100–446), and the National Film Preservation Act of 1992 (Public Law 102–307) pursuant to the provisions of sections 179l to 179w of this title, for the purpose of maintaining and preserving films that are culturally, historically, or aesthetically significant.
(Pub. L. 104–285, title I, §102, Oct. 11, 1996, 110 Stat. 3377.)
Editorial Notes
References in Text
Sections 179l to 179w of the title, referred to in text, was in the original "this Act" the first place appearing and "this title" the second place appearing, both of which were translated as meaning title I of Pub. L. 104–285, Oct. 11, 1996, 110 Stat. 3377, which is classified principally to sections 179l to 179w of this title. For complete classification of title I to the Code, see Short Title note below and Tables.
The National Film Preservation Act of 1988, referred to in text, is Pub. L. 100–446, title I, §§1–13, Sept. 27, 1988, 102 Stat. 1782–1788, which was classified to sections 178 to 178l of this title and was repealed by Pub. L. 102–307, title II, §214, June 26, 1992, 106 Stat. 272.
The National Film Preservation Act of 1992, referred to in text, is title II of Pub. L. 102–307, June 26, 1992, 106 Stat. 267, which was classified principally to sections 179 to 179k of this title and was repealed by Pub. L. 104–285, title I, §114, Oct. 11, 1996, 110 Stat. 3382.
Prior Provisions
Prior provisions similar to sections 179l to 179w of this title were contained in former section 179 et seq. of this title.
Statutory Notes and Related Subsidiaries
Short Title of 2016 Amendment
Pub. L. 114–217, §1, July 29, 2016, 130 Stat. 840, provided that: "This Act [amending sections 179v and 1743 of this title and sections 151711, 152403, and 152411 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations] may be cited as the 'Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2016'."
Short Title of 2008 Amendment
Pub. L. 110–336, §1, Oct. 2, 2008, 122 Stat. 3726, provided that: "This Act [amending sections 179m, 179n, 179v, 179w, 1722, and 1743 of this title and sections 151702, 151703, 151711, 152403, 152405, 152406, and 152411 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations, and enacting provisions set out as notes under sections 179v and 1743 of this title and section 152411 of Title 36] may be cited as the 'Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2008'."
Short Title of 2005 Amendment
Pub. L. 109–9, title III, §301, Apr. 27, 2005, 119 Stat. 224, provided that: "This subtitle [subtitle A (§§301, 302) of title III of Pub. L. 109–9, amending sections 179m, 179n, 179p, 179q, and 179w of this title] may be cited as the 'National Film Preservation Act of 2005'."
Short Title
Pub. L. 104–285, title I, §101, Oct. 11, 1996, 110 Stat. 3377, provided that: "This title [enacting this section and sections 179m to 179w of this title and repealing sections 179 to 179k of this title and provisions set out as a note under section 179 of this title] may be cited as the 'National Film Preservation Act of 1996'."
§179m. Duties of Librarian of Congress
(a) Powers
(1) In general
The Librarian shall, after consultation with the Board established pursuant to section 179n of this title—
(A) continue the implementation of the comprehensive national film preservation program for motion pictures established under the National Film Preservation Act of 1992, in conjunction with other film archivists, educators and historians, copyright owners, film industry representatives, and others involved in activities related to film preservation, taking into account the objectives of the national film preservation study and the comprehensive national plan conducted under the National Film Preservation Act of 1992. This program shall—
(i) coordinate activities to assure that efforts of archivists and copyright owners, and others in the public and private sector, are effective and complementary;
(ii) generate public awareness of and support for these activities;
(iii) increase accessibility of films for educational purposes; and
(iv) undertake studies and investigations of film preservation activities as needed, including the efficacy of new technologies, and recommend solutions to improve these practices;
(B) establish criteria and procedures under which films may be included in the National Film Registry, except that no film shall be eligible for inclusion in the National Film Registry until 10 years after such film's first publication;
(C) establish procedures under which the general public may make recommendations to the Board regarding the inclusion of films in the National Film Registry; and
(D) determine which films satisfy the criteria established under subparagraph (B) and qualify for inclusion in the National Film Registry, except that the Librarian shall not select more than 25 films each year for inclusion in the Registry.
(2) Publication of films in Registry
The Librarian shall publish in the Federal Register the name of each film that is selected for inclusion in the National Film Registry.
(3) Seal
The Librarian shall provide a seal to indicate that a film has been included in the National Film Registry and is the Registry version of that film. The Librarian shall establish guidelines for approval of the use of the seal in accordance with subsection (b).
(b) Use of seal
The seal provided under subsection (a)(3) may only be used on film or other approved copies of the Registry version of a film. Such seal may be used only after the Librarian has given approval to those persons seeking to apply the seal in accordance with the guidelines under subsection (a)(3). In the case of copyrighted, mass distributed, broadcast, or published works, only the copyright owner or an authorized licensee of the copyright owner may place or authorize the placement of the seal on any film or other approved copy of a Registry version of a film selected for inclusion in the National Film Registry, and the Librarian may place the seal on any film or other approved copy of the Registry version of any film that is maintained in the National Film Registry Collection in the Library of Congress. Anyone authorized to place the seal on any film or other approved copy of any Registry version of a film may accompany such seal with the following language: "This film was selected for inclusion in the National Film Registry by the National Film Preservation Board of the Library of Congress because of its cultural, historical, or aesthetic significance.". The Librarian may authorize the use of the seal by the Library or by others for other limited purposes in order to promote in the National Film Registry when exhibiting, showing, or otherwise disseminating films in the Registry.
(c) Coordination of program with other collection, preservation, and accessibility activities
In carrying out the comprehensive national film preservation program for motion pictures established under the National Film Preservation Act of 1992, the Librarian, in consultation with the Board established pursuant to section 179n of this title, shall—
(1) carry out activities to make films included in the National Film registry more broadly accessible for research and educational purposes, and to generate public awareness and support of the Registry and the comprehensive national film preservation program;
(2) review the comprehensive national film preservation plan, and amend it to the extent necessary to ensure that it addresses technological advances in the preservation and storage of, and access to film collections in multiple formats; and
(3) wherever possible, undertake expanded initiatives to ensure the preservation of the moving image heritage of the United States, including film, videotape, television, and born digital moving image formats, by supporting the work of the National Audio-Visual Conservation Center of the Library of Congress, and other appropriate nonprofit archival and preservation organizations.
(Pub. L. 104–285, title I, §103, Oct. 11, 1996, 110 Stat. 3377; Pub. L. 109–9, title III, §302(a), Apr. 27, 2005, 119 Stat. 224; Pub. L. 110–336, §3(a)(2), Oct. 2, 2008, 122 Stat. 3727.)
Editorial Notes
References in Text
The National Film Preservation Act of 1992, referred to in subsecs. (a)(1)(A) and (c), is title II of Pub. L. 102–307, June 26, 1992, 106 Stat. 267, which was classified principally to sections 179 to 179k of this title and was repealed by Pub. L. 104–285, title I, §114, Oct. 11, 1996, 110 Stat. 3382.
Amendments
2008—Subsec. (b). Pub. L. 110–336 inserted at end "The Librarian may authorize the use of the seal by the Library or by others for other limited purposes in order to promote in the National Film Registry when exhibiting, showing, or otherwise disseminating films in the Registry."
2005—Subsec. (b). Pub. L. 109–9, §302(a)(1), substituted "film or other approved copies" for "film copies" and "copyrighted, mass distributed, broadcast, or published" for "copyrighted" and substituted "film or other approved copy" for "film copy" wherever appearing.
Subsec. (c). Pub. L. 109–9, §302(a)(2), added subsec. (c).
§179n. National Film Preservation Board
(a) Number and appointment
(1) Members
The Librarian shall establish in the Library of Congress a National Film Preservation Board to be comprised of 22 members, who shall be selected by the Librarian in accordance with this section. Subject to subparagraphs (C) and (N), the Librarian shall request each organization listed in subparagraphs (A) through (Q) to submit a list of three candidates qualified to serve as a member of the Board. Except for the members-at-large appointed under subparagraph 1 (2), the Librarian shall appoint one member from each such list submitted by such organizations, and shall designate from that list an alternate who may attend at Board expense those meetings to which the individual appointed to the Board cannot attend. The organizations are the following:
(A) The Academy of Motion Picture Arts and Sciences.
(B) The Directors Guild of America.
(C) The Writers Guild of America. The Writers Guild of America East and the Writers Guild of America West shall each nominate three candidates, and a representative from one organization shall be selected as the member and a representative from the other organization as the alternate.
(D) The National Society of Film Critics.
(E) The Society for Cinema and Media Studies.
(F) The American Film Institute.
(G) The Department of Film, Television, and Digital Media of the School of Theater, Film and Television at the University of California, Los Angeles.
(H) The Department of Cinema Studies of the Tisch School of the Arts at New York University.
(I) The University Film and Video Association.
(J) The Motion Picture Association of America.
(K) The Alliance of Motion Picture and Television Producers.
(L) Screen Actors Guild.
(M) The National Association of Theater Owners.
(N) The American Society of Cinematographers and the International Photographers Guild, which shall jointly submit one list of three candidates from which a member and alternate will be selected.
(O) The United States Members of the International Federation of Film Archives.
(P) The Association of Moving Image Archivists.
(Q) The Society of Composers and Lyricists.
(2) Members-at-large
In addition to the members appointed under paragraph (1), the Librarian shall appoint up to 5 members-at-large. The Librarian shall also select an alternate for each member 2 at-large, who may attend at Board expense those meetings which the member 2 at-large cannot attend.
(b) Chair
The Librarian shall appoint one member of the Board to serve as Chair.
(c) Term of office
(1) Terms
The term of each member of the Board shall be 4 years, except that there shall be no limit to the number of terms that any individual member may serve.
(2) Removal of member or organization
The Librarian shall have the authority to remove any member of the Board, or the organization listed in subsection (a) such member represents, if the member, or organization, over any consecutive 2-year period, fails to attend at least one regularly scheduled Board meeting.
(3) Vacancies
A vacancy in the Board shall be filled in the manner in which the original appointment was made under subsection (a), except that the Librarian may fill the vacancy from a list of candidates previously submitted by the organization or organizations involved. Any member appointed to fill a vacancy before the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term.
(d) Quorum
12 members of the Board shall constitute a quorum but a lesser number may hold hearings.
(e) Reimbursement of expenses
Members of the Board shall serve without pay, but may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5.
(f) Meetings
The Board shall meet at least once each fiscal year. Meetings shall be at the call of the Librarian.
(g) Conflict of interest
The Librarian shall establish rules and procedures to address any potential conflict of interest between a member of the Board and responsibilities of the Board.
(Pub. L. 104–285, title I, §104, Oct. 11, 1996, 110 Stat. 3378; Pub. L. 109–9, title III, §302(b), Apr. 27, 2005, 119 Stat. 225; Pub. L. 110–336, §3(a)(3), Oct. 2, 2008, 122 Stat. 3727.)
Editorial Notes
Amendments
2008—Subsec. (a)(1)(E). Pub. L. 110–336, §3(a)(3)(A), substituted "Cinema and Media" for "Cinema".
Subsec. (a)(1)(G). Pub. L. 110–336, §3(a)(3)(B), substituted "Department of Film, Television, and Digital Media" for "Department of Film and Television".
Subsec. (a)(1)(H). Pub. L. 110–336, §3(a)(3)(C), substituted "Cinema Studies" for "Film and Television".
Subsec. (a)(1)(L). Pub. L. 110–336, §3(a)(3)(D), amended subpar. (L) generally. Prior to amendment, subpar. (L) read as follows: "The Screen Actors Guild of America."
2005—Subsec. (a)(1). Pub. L. 109–9, §302(b)(1), substituted "22" for "20" in introductory provisions.
Subsec. (a)(2). Pub. L. 109–9, §302(b)(2), substituted "5" for "three".
Subsec. (d). Pub. L. 109–9, §302(b)(3), substituted "12" for "11".
Subsec. (e). Pub. L. 109–9, §302(b)(4), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: "Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Board."
1 So in original. Probably should be "paragraph".
2 So in original. Probably should be followed by a hyphen.
§179o. Responsibilities and powers of Board
(a) In general
The Board shall review nominations of films submitted to it for inclusion in the National Film Registry and consult with the Librarian, as provided in section 179m of this title, with respect to the inclusion of such films in the Registry and the preservation of these and other films that are culturally, historically, or aesthetically significant.
(b) Nomination of films
The Board shall consider, for inclusion in the National Film Registry, nominations submitted by the general public as well as representatives of the film industry, such as the guilds and societies representing actors, directors, screenwriters, cinematographers, and other creative artists, producers, and film critics, archives and other film preservation organizations, and representatives of academic institutions with film study programs. The Board shall nominate not more than 25 films each year for inclusion in the Registry.
(c) Powers
(1) In general
The Board may, for the purpose of carrying out its duties, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Librarian and the Board consider appropriate.
(2) Service on Foundation
Two sitting members of the Board shall be appointed by the Librarian, and shall serve, as Board members of the National Film Preservation Foundation, in accordance with section 151703 of title 36.
(Pub. L. 104–285, title I, §105, Oct. 11, 1996, 110 Stat. 3380.)
Editorial Notes
Codification
"Section 151703 of title 36" substituted in subsec. (c)(2) for "section 203", meaning section 203 of the National Film Preservation Act of 1996, on authority of Pub. L. 105–225, §5(b), Aug. 12, 1998, 112 Stat. 1499, the first section of which enacted Title 36, Patriotic and National Observances, Ceremonies, and Organizations.
§179p. National Film Registry Collection of Library of Congress
(a) Acquisition of archival quality copies
The Librarian shall endeavor to obtain, by gift from the owner, an archival quality copy of the Registry version of each film included in the National Film Registry. Whenever possible, the Librarian shall endeavor to obtain the best surviving materials, including preprint materials. Copyright owners and others possessing copies of such materials are strongly encouraged, to further the preservation purposes of this Act, to provide preprint and other archival elements to the Library of Congress.
(b) Additional materials
The Librarian shall endeavor to obtain, for educational and research purposes, additional materials related to each film included in the National Film Registry, such as background materials, production reports, shooting scripts (including continuity scripts) and other similar materials.
(c) Property of United States
All copies of films on the National Film Registry that are received as gifts or bequests by the Librarian and other materials received by the Librarian under subsection (b), shall become the property of the United States Government, subject to the provisions of title 17.
(d) National Film Registry Collection
All copies of films on the National Film Registry that are received by the Librarian under subsection (a) of this section, and other materials received by the Librarian under subsection (b), shall be maintained in the Library of Congress and be known as the "National Film Registry Collection of the Library of Congress". The Librarian shall, by regulation, and in accordance with title 17, provide for reasonable access to the films and other materials in such collection for scholarly and research purposes.
(e) National Audio-Visual Conservation Center
The Librarian shall utilize the National Audio-Visual Conservation Center of the Library of Congress at Culpeper, Virginia, to ensure that preserved films included in the National Film Registry are stored in a proper manner, and disseminated to researchers, scholars, and the public as may be appropriate in accordance with—
(1) title 17; and
(2) the terms of any agreements between the Librarian and persons who hold copyrights to such audiovisual works.
(Pub. L. 104–285, title I, §106, Oct. 11, 1996, 110 Stat. 3380; Pub. L. 109–9, title III, §302(c), Apr. 27, 2005, 119 Stat. 225.)
Editorial Notes
References in Text
This Act, referred to in subsec. (a), is Pub. L. 104–285, Oct. 11, 1996, 110 Stat. 3377, which enacted this section and sections 179l to 179o and 179q to 179w of this title and sections 5701 to 5708 of former Title 36, Patriotic Societies and Observances, repealed sections 179 to 179k of this title, enacted provisions set out as a note under section 179l of this title, and repealed provisions set out as a note under section 179 of this title. Sections 5701 to 5708 of former Title 36 were repealed and reenacted as chapter 1517 (§151701 et seq.) of Title 36, Patriotic and National Observances, Ceremonies, and Organizations, by Pub. L. 105–225, §5(b), Aug. 12, 1998, 112 Stat. 1499, the first section of which enacted Title 36. For complete classification of this Act to the Code, see Tables.
Amendments
2005—Subsec. (e). Pub. L. 109–9 added subsec. (e).
§179q. Seal of National Film Registry
(a) Use of seal
(1) Prohibition on distribution and exhibition
No person shall knowingly distribute or exhibit to the public a version of a film or any copy in any format of a film which bears the seal described in section 179m(a)(3) of this title if such film—
(A) is not included in the National Film Registry; or
(B) is included in the National Film Registry, but such film or film copy has not been approved for use of the seal by the Librarian pursuant to section 179m(a)(1)(D) of this title.
(2) Prohibition on promotion
No person shall knowingly use the seal described in section 179m(a)(3) of this title to promote any version of a film in any format other than a Registry version.
(b) Effective date of seal
The use of the seal described in section 179m(a)(3) of this title shall be effective for each film after the Librarian publishes in the Federal Register, in accordance with section 179m(a)(2) of this title, the name of that film as selected for inclusion in the National Film Registry.
(Pub. L. 104–285, title I, §107, Oct. 11, 1996, 110 Stat. 3381; Pub. L. 109–9, title III, §302(d), Apr. 27, 2005, 119 Stat. 225.)
Editorial Notes
Amendments
2005—Subsec. (a)(1). Pub. L. 109–9, §302(d)(1), inserted "in any format" after "or any copy" in introductory provisions.
Subsec. (a)(2). Pub. L. 109–9, §302(d)(2), substituted "in any format" for "or film copy".
§179r. Remedies
(a) Jurisdiction
The several district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of section 179q(a) of this title.
(b) Relief
(1) Removal of seal
Except as provided in paragraph (2), relief for violation of section 179q(a) of this title shall be limited to the removal of the seal of the National Film Registry from the film involved in the violation.
(2) Fine and injunctive relief
In the case of a pattern or practice of the willful violation of section 179q(a) of this title, the United States district courts may order a civil fine of not more than $10,000 and appropriate injunctive relief.
(Pub. L. 104–285, title I, §108, Oct. 11, 1996, 110 Stat. 3381.)
§179s. Limitations of remedies
The remedies provided in section 179r of this title shall be the exclusive remedies under sections 179l to 179w of this title, or any other Federal or State law, regarding the use of the seal described in section 179m(a)(3) of this title.
(Pub. L. 104–285, title I, §109, Oct. 11, 1996, 110 Stat. 3381.)
§179t. Staff of Board; experts and consultants
(a) Staff
The Librarian may appoint and fix the pay of such personnel as the Librarian considers appropriate to carry out sections 179l to 179w of this title.
(b) Experts and consultants
The Librarian may, in carrying out sections 179l to 179w of this title, procure temporary and intermittent services under section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum rate of basic pay payable for GS–15 of the General Schedule. In no case may a member of the Board or an alternate be paid as an expert or consultant under this section.
(Pub. L. 104–285, title I, §110, Oct. 11, 1996, 110 Stat. 3381.)
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (b), is set out under section 5332 of Title 5, Government Organization and Employees.
§179u. Definitions
As used in sections 179l to 179w of this title—
(1) the term "Librarian" means the Librarian of Congress;
(2) the term "Board" means the National Film Preservation Board;
(3) the term "film" means a "motion picture" as defined in section 101 of title 17, except that such term does not include any work not originally fixed on film stock, such as a work fixed on videotape or laser disk;
(4) the term "publication" means "publication" as defined in section 101 of title 17; and
(5) the term "Registry version" means, with respect to a film, the version of a film first published, or as complete a version as bona fide preservation and restoration activities by the Librarian, an archivist other than the Librarian, or the copyright owner can compile in those cases where the original material has been irretrievably lost.
(Pub. L. 104–285, title I, §111, Oct. 11, 1996, 110 Stat. 3382.)
§179v. Authorization of appropriations
There are authorized to be appropriated to the Librarian for the first fiscal year beginning on or after October 11, 1996, and each succeeding fiscal year through fiscal year 2026 such sums as may be necessary to carry out the purposes of sections 179l to 179w of this title, but in no fiscal year shall such sum exceed $250,000.
(Pub. L. 104–285, title I, §112, Oct. 11, 1996, 110 Stat. 3382; Pub. L. 110–336, §3(a)(1)(A), Oct. 2, 2008, 122 Stat. 3727; Pub. L. 114–217, §3(a), July 29, 2016, 130 Stat. 840.)
Editorial Notes
Amendments
2016—Pub. L. 114–217 substituted "through fiscal year 2026" for "through fiscal year 2016".
2008—Pub. L. 110–336 inserted "for the first fiscal year beginning on or after October 11, 1996, and each succeeding fiscal year through fiscal year 2016" after "the Librarian".
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–336, §3(a)(1)(C), Oct. 2, 2008, 122 Stat. 3727, provided that: "The amendments made by this paragraph [amending this section and section 179w of this title] shall take effect as if included in the enactment of the National Film Preservation Act of 1996 [Pub. L. 104–285, title I]."
§179w. Effective date
The provisions of sections 179l to 179w of this title shall apply to any copy of any film, including those copies of films selected for inclusion in the National Film Registry under the National Film Preservation Act of 1988 and the National Film Preservation Act of 1992, except that any film so selected under either Act shall be deemed to have been selected for the National Film Registry under sections 179l to 179w of this title.
(Pub. L. 104–285, title I, §113, Oct. 11, 1996, 110 Stat. 3382; Pub. L. 109–9, title III, §302(e), Apr. 27, 2005, 119 Stat. 226; Pub. L. 110–336, §3(a)(1)(B), Oct. 2, 2008, 122 Stat. 3727.)
Editorial Notes
References in Text
The National Film Preservation Act of 1988, referred to in text, is Pub. L. 100–446, title I, §§1–13, Sept. 27, 1988, 102 Stat. 1782–1788, which was classified to sections 178 to 178l of this title and was repealed by Pub. L. 102–307, title II, §214, June 26, 1992, 106 Stat. 272.
The National Film Preservation Act of 1992, referred to in text, is title II of Pub. L. 102–307, June 26, 1992, 106 Stat. 267, which was classified principally to sections 179 to 179k of this title and was repealed by Pub. L. 104–285, title I, §114, Oct. 11, 1996, 110 Stat. 3382.
Amendments
2008—Pub. L. 110–336 struck out the first sentence which read as follows: "The provisions of sections 179l to 179w of this title shall be effective for 13 years beginning on October 11, 1996."
2005—Pub. L. 109–9 substituted "13 years" for "7 years".
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–336 effective as if included in the enactment of the National Film Preservation Act of 1996, Pub. L. 104–285, title I, see section 3(a)(1)(C) of Pub. L. 110–336, set out as a note under section 179v of this title.
Effective Date Extension
Pub. L. 108–447, div. G, title I, §1205(a), Dec. 8, 2004, 118 Stat. 3189, provided that title I of Pub. L. 104–285, which enacted sections 179l to 179w of this title and repealed sections 179 to 179k of this title and provisions set out as a note under section 179 of this title, was to be effective through fiscal year 2005, notwithstanding former provision of this section which provided that title I was effective for only 7 years beginning on Oct. 11, 1996.
§180. Legislative information retrieval system
(a) Purpose
The purpose of this section is to reduce the cost of information support for the Congress by eliminating duplication among systems which provide electronic access by Congress to legislative information.
(b) "Legislative information" defined
As used in this section, the term "legislative information" means information, prepared within the legislative branch, consisting of the text of publicly available bills, amendments, committee hearings, and committee reports, the text of the Congressional Record, data relating to bill status, data relating to legislative activity, and other similar public information that is directly related to the legislative process.
(c) Development of single system to serve entire Congress
Pursuant to the plan approved under subsection (d) and consistent with the provisions of any other law, the Library of Congress or the entity designated by that plan shall develop and maintain, in coordination with other appropriate entities of the legislative branch, a single legislative information retrieval system to serve the entire Congress.
(d) Development and approval of plan
The Library shall develop a plan for creation of this system, taking into consideration the findings and recommendations of the study directed by House Report No. 103–517 to identify and eliminate redundancies in congressional information systems. This plan must be approved by the Committee on Rules and Administration of the Senate, the Committee on House Oversight of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives. The Library shall provide these committees with regular status reports on the development of the plan.
(e) Availability of information to public
In formulating its plan, the Library shall examine issues regarding efficient ways to make this information available to the public. This analysis shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives as well as the Committee on Rules and Administration of the Senate, and the Committee on House Oversight of the House of Representatives for their consideration and possible action.
(Pub. L. 104–53, title II, §209, Nov. 19, 1995, 109 Stat. 532.)
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§181. Program for exchange of information among legislative branch agencies
(a) On September 16, 1996, there shall be established a program for providing the widest possible exchange of information among legislative branch agencies with the long-range goal of improving information technology planning and evaluation. The Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate are requested to determine the structure and operation of this program and to provide appropriate oversight. All of the appropriate offices and agencies of the legislative branch as defined below shall participate in this program for information exchange, and shall report annually on the extent and nature of their participation in their budget submissions to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate.
(b) As used in this section—
(1) the term "offices and agencies of the legislative branch" means, the office of the Clerk of the House, the office of the Secretary of the Senate, the office of the Architect of the Capitol, the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Congressional Research Service, the Congressional Budget Office, the Chief Administrative Officer of the House of Representatives, and the Sergeant at Arms of the Senate; and
(2) the term "technology" refers to any form of computer hardware and software; computer-based systems, services, and support for the creation, processing, exchange, and delivery of information; and telecommunications systems, and the associated hardware and software, that provide for voice, data, or image communication.
(Pub. L. 104–197, title III, §314, Sept. 16, 1996, 110 Stat. 2415; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537.)
Editorial Notes
Amendments
2004—Subsec. (b)(1). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (b)(1) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
§182. Cooperative Acquisitions Program Revolving Fund
(a) Establishment
Effective October 1, 1997, there is established in the Treasury of the United States a revolving fund to be known as the Cooperative Acquisitions Program Revolving Fund (in this section referred to as the "revolving fund"). Moneys in the revolving fund shall be available to the Librarian of Congress, without fiscal year limitation, for financing the cooperative acquisitions program (in this section referred to as the "program") under which the Library acquires foreign publications and research materials on behalf of participating institutions on a cost-recovery basis. Obligations under the revolving fund are limited to amounts specified in the appropriations Act for that purpose for any fiscal year.
(b) Amounts deposited
The revolving fund shall consist of—
(1) any amounts appropriated by law for the purposes of the revolving fund;
(2) any amounts held by the Librarian as of October 1, 1997 or October 7, 1997, whichever is later, that were collected as payment for the Library's indirect costs of the program; and
(3) the difference between (A) the total value of the supplies, equipment, gift fund balances, and other assets of the program, and (B) the total value of the liabilities (including unfunded liabilities such as the value of accrued annual leave of employees) of the program.
(c) Credits to revolving fund
The revolving fund shall be credited with all advances and amounts received as payment for purchases under the program and services and supplies furnished to program participants, at rates estimated by the Librarian to be adequate to recover the full direct and indirect costs of the program to the Library over a reasonable period of time.
(d) Unobligated balances
Any unobligated and unexpended balances in the revolving fund that the Librarian determines to be in excess of amounts needed for activities financed by the revolving fund, shall be deposited in the Treasury of the United States as miscellaneous receipts. Amounts needed for activities financed by the revolving fund means the direct and indirect costs of the program, including the costs of purchasing, shipping, binding of books and other library materials; supplies, materials, equipment and services needed in support of the program; salaries and benefits; general overhead; and travel.
(e) Audit
The revolving fund shall be subject to audit by the Comptroller General at the Comptroller General's discretion.
(Pub. L. 105–55, title II, §207, Oct. 7, 1997, 111 Stat. 1193; Pub. L. 110–161, div. H, title I, §1403, Dec. 26, 2007, 121 Stat. 2247.)
Editorial Notes
Amendments
2007—Subsec. (e). Pub. L. 110–161 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "Not later than March 31 of each year, the Librarian of Congress shall prepare and submit to Congress an audited financial statement for the revolving fund for the preceding fiscal year. The audit shall be conducted in accordance with Government Auditing Standards for financial audits issued by the Comptroller General of the United States."
§182a. Revolving fund for duplication services associated with audiovisual conservation center
(a) Establishment
There is hereby established in the Treasury a revolving fund for duplication and delivery services provided by the Librarian of Congress (hereafter in sections 182a to 182d of this title referred to as the "Librarian") which are associated with the national audiovisual conservation center established under the Act entitled "An Act to authorize acquisition of certain real property for the Library of Congress, and for other purposes", approved December 15, 1997 (Public Law 105–144; 2 U.S.C. 141 note).
(b) Fees for services
The Librarian may charge a fee for providing services described in subsection (a), and shall deposit any such fees charged into the revolving fund under this section.
(c) Contents of fund
(1) In general
The revolving fund under this section shall consist of the following amounts:
(A) Amounts deposited by the Librarian under subsection (b).
(B) Any other amounts received by the Librarian which are attributable to the services described in subsection (a).
(C) Amounts deposited by the Librarian under paragraph (2).
(D) Such other amounts as may be appropriated under law.
(2) Deposit of funds during transition
The Librarian shall transfer to the revolving fund under this section the following:
(A) Any obligated, unexpended balances existing as of the date of the transfer which are attributable to the services described in subsection (a).
(B) An amount equal to the difference as of such date between—
(i) the total value of the supplies, inventories, equipment, gift fund balances, and other assets attributable to such services; and
(ii) the total value of the liabilities attributable to such services.
(d) Use of amounts in fund
Amounts in the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the services described in subsection (a).
(Pub. L. 106–481, title I, §101, Nov. 9, 2000, 114 Stat. 2187; Pub. L. 107–68, title II, §207, Nov. 12, 2001, 115 Stat. 587.)
Editorial Notes
References in Text
Sections 182a to 182d of this title, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 106–481, Nov. 9, 2000, 114 Stat. 2187, known as the Library of Congress Fiscal Operations Improvement Act of 2000, which enacted this section and sections 182b to 182d of this title, amended section 154 of this title, and enacted provisions set out as notes under this section and section 154 of this title. For complete classification of this Act to the Code, see Short Title note below and Tables.
Amendments
2001—Pub. L. 107–68 struck out "audio and video" before "duplication" in section catchline and in subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 106–481, title I, §105, Nov. 9, 2000, 114 Stat. 2190, provided that: "The provisions of this title [enacting this section and sections 182b to 182d of this title and provisions set out as a note under this section] shall apply with respect to fiscal year 2002 and each succeeding fiscal year."
Short Title
Pub. L. 106–481, §1, Nov. 9, 2000, 114 Stat. 2187, provided that: "This Act [enacting this section and sections 182b to 182d of this title, amending section 154 of this title, and enacting provisions set out as notes under this section and section 154 of this title] may be cited as the 'Library of Congress Fiscal Operations Improvement Act of 2000'."
§182b. Revolving fund for sales shop and other services
(a) Establishment
There is hereby established in the Treasury a revolving fund for the following programs and activities of the Librarian:
(1) Decimal classification development.
(2) The operation of a gift shop or other sales of items associated with collections, exhibits, performances, and special events of the Library of Congress.
(3) Document reproduction and microfilming services.
(4) Special events and programs.
(5) Training.
(b) Individual accounting requirement
A separate account shall be maintained in the revolving fund under this section with respect to the programs and activities described in each of the paragraphs of subsection (a).
(c) Fees for services
The Librarian may charge a fee for services under any of the programs and activities described in subsection (a), and shall deposit any such fees charged into the account of the revolving fund under this section for such program or activity.
(d) Contents of accounts in fund
(1) In general
Each account of the revolving fund under this section shall consist of the following amounts:
(A) Amounts deposited by the Librarian under subsection (c).
(B) Any other amounts received by the Librarian which are attributable to the programs and activities covered by such account.
(C) Amounts deposited by the Librarian under paragraph (2).
(D) Such other amounts as may be appropriated under law.
(2) Deposit of funds during transition
The Librarian shall transfer to each account of the revolving fund under this section the following:
(A) Any obligated, unexpended balances existing as of the date of the transfer which are attributable to the programs and activities covered by such account.
(B) An amount equal to the difference as of such date between—
(i) the total value of the supplies, inventories, equipment, gift fund balances, and other assets attributable to such programs and activities; and
(ii) the total value of the liabilities attributable to such programs and activities.
(e) Use of amounts
(1) In general
Except as provided in paragraph (2), amounts in the accounts of the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the programs and activities covered by such accounts.
(2) Special rule for payments for certain Capitol Police services
In the case of any amount in the revolving fund consisting of a payment received for services of the United States Capitol Police in connection with a special event or program described in subsection (a)(4), the Librarian shall transfer such amount upon receipt to the Capitol Police for deposit into the applicable appropriations accounts of the Capitol Police.
(Pub. L. 106–481, title I, §102, Nov. 9, 2000, 114 Stat. 2188; Pub. L. 107–68, title II, §208(a), Nov. 12, 2001, 115 Stat. 587; Pub. L. 110–161, div. H, title I, §1004(f)(1), Dec. 26, 2007, 121 Stat. 2235; Pub. L. 110–178, §6(a), Jan. 7, 2008, 121 Stat. 2553; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54; Pub. L. 115–141, div. I, title I, §151(1), Mar. 23, 2018, 132 Stat. 784.)
Editorial Notes
Amendments
2018—Pub. L. 115–141, §151(1)(A), substituted "Revolving fund for sales shop and other services" for "Revolving fund for gift shop, decimal classification, photo duplication, and related services" in section catchline.
Subsec. (a)(5). Pub. L. 115–141, §151(1)(B), added par. (5).
2010—Subsec. (e). Pub. L. 111–145 repealed Pub. L. 110–161, §1004(f)(1). See 2007 Amendment note below.
2008—Subsec. (e). Pub. L. 110–178 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "Amounts in the accounts of the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the programs and activities covered by such accounts."
2007—Subsec. (e). Pub. L. 110–161, §1004(f)(1), which made an amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
2001—Subsec. (a)(4). Pub. L. 107–68 added par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.
Effective Date of 2008 Amendment
Pub. L. 110–178, §6(c), Jan. 7, 2008, 121 Stat. 2554, provided that: "The amendments made by this section [amending this section] shall apply with respect to services provided by the United States Capitol Police on or after the date of the enactment of this Act [Jan. 7, 2008]."
Effective Date of 2007 Amendment
Pub. L. 110–161, div. H, title I, §1004(f)(3), Dec. 26, 2007, 121 Stat. 2236, which provided that the amendments made by section 1004(f) (amending this section) would apply with respect to services provided by the United States Capitol Police on or after Dec. 26, 2007, was repealed by Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.
Effective Date of 2001 Amendment
Pub. L. 107–68, title II, §208(b), Nov. 12, 2001, 115 Stat. 587, provided that: "The amendment made by subsection (a) [amending this section] shall take effect upon the date on which the Committees on Appropriations of the House of Representatives and Senate approve a report submitted to the Committees by the Librarian of Congress which describes the guidelines and policies applicable to the hosting of special events and programs by the Librarian which are covered under section 102(a)(4) of the Library of Congress Fiscal Operations Improvement Act of 2000 [2 U.S.C. 182b(a)(4)] (as added by subsection (a))."
Effective Date
Section applicable with respect to fiscal year 2002 and each succeeding fiscal year, see section 105 of Pub. L. 106–481, set out as a note under section 182a of this title.
§182c. Revolving fund for FEDLINK program and Federal Research program
(a) Establishment
There is hereby established in the Treasury a revolving fund for the Federal Library and Information Network program (hereafter in sections 182a to 182d of this title referred to as the "FEDLINK program") of the Library of Congress (as described in subsection (f)(1)) and the Federal Research program of the Library of Congress (as described in subsection (f)(2)).
(b) Individual accounting requirement
A separate account shall be maintained in the revolving fund under this section with respect to the programs described in subsection (a).
(c) Fees for services
(1) In general
The Librarian may charge a fee for services under the FEDLINK program and the Federal Research program, and shall deposit any such fees charged into the account of the revolving fund under this section for such program.
(2) Advances of funds
Participants in the FEDLINK program and the Federal Research program shall pay for products and services of the program by advance of funds—
(A) if the Librarian determines that amounts in the Revolving Fund 1 are otherwise insufficient to cover the costs of providing such products and services; or
(B) upon agreement between participants and the Librarian.
(d) Contents of fund
(1) In general
Each account of the revolving fund under this section shall consist of the following amounts:
(A) Amounts deposited by the Librarian under subsection (c).
(B) Any other amounts received by the Librarian which are attributable to the program covered by such account.
(C) Amounts deposited by the Librarian under paragraph (2).
(D) Such other amounts as may be appropriated under law.
(2) Deposit of funds during transition
Notwithstanding section 1535(d) of title 31, the Librarian shall transfer to the appropriate account of the revolving fund under this section the following:
(A) Any obligated, unexpended balances existing as of the date of the transfer which are attributable to the FEDLINK program or the Federal Research program.
(B) An amount equal to the difference as of such date between—
(i) the total value of the supplies, inventories, equipment, gift fund balances, and other assets attributable to such program; and
(ii) the total value of the liabilities attributable to such program.
(e) Use of amounts in fund
Amounts in the accounts of the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the program covered by each such account.
(f) Programs described
(1) FEDLINK
In this section, the "FEDLINK program" is the program of the Library of Congress under which the Librarian provides the following services on behalf of participating Federal libraries, Federal information centers, other entities of the Federal Government, tribal governments (as defined in 40 U.S.C. 502(c)(2)(B)) and the District of Columbia:
(A) The procurement of commercial information services, publications in any format, and library support services.
(B) Related accounting services.
(C) Related education, information, and support services.
(2) Federal Research program
In this section, the "Federal Research program" is the program of the Library of Congress under which the Librarian provides research reports, translations, and analytical studies for entities of the Federal Government and the District of Columbia (other than any program of the Congressional Research Service).
(Pub. L. 106–481, title I, §103, Nov. 9, 2000, 114 Stat. 2189; Pub. L. 115–141, div. I, title I, §151(2), Mar. 23, 2018, 132 Stat. 784.)
Editorial Notes
References in Text
Sections 182a to 182d of this title, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 106–481, Nov. 9, 2000, 114 Stat. 2187, known as the Library of Congress Fiscal Operations Improvement Act of 2000, which enacted this section and sections 182b to 182d of this title, amended section 154 of this title, and enacted provisions set out as notes under this section and section 154 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 182a of this title and Tables.
Amendments
2018—Subsec. (f)(1). Pub. L. 115–141 inserted "tribal governments (as defined in 40 U.S.C. 502(c)(2)(B))" after "the Federal Government," in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to fiscal year 2002 and each succeeding fiscal year, see section 105 of Pub. L. 106–481, set out as a note under section 182a of this title.
1 So in original. Probably should not be capitalized.
§182d. Audits by Comptroller General
Each of the revolving funds established under sections 182a to 182d of this title shall be subject to audit by the Comptroller General at the Comptroller General's discretion.
(Pub. L. 106–481, title I, §104, Nov. 9, 2000, 114 Stat. 2190.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to fiscal year 2002 and each succeeding fiscal year, see section 105 of Pub. L. 106–481, set out as a note under section 182a of this title.
§182e. Library of Congress National Collection Stewardship Fund
(a) Establishment
There is hereby established in the Treasury of the United States, as an account for the Librarian of Congress, the "Library of Congress National Collection Stewardship Fund" (hereafter in this section referred to as the "Fund").
(b) Contents of Fund
The Fund shall consist of the following amounts:
(1) 1 Such amounts as may be transferred by the Librarian from available amounts appropriated for any fiscal year for the Library of Congress under the heading "Salaries and Expenses".
(c) Use of amounts
Amounts in the Fund may be used by the Librarian as follows:
(1) The Librarian may use amounts directly for the purpose of preparing collection materials of the Library of Congress for long-term storage.
(2) The Librarian may transfer amounts to the Architect of the Capitol for the purpose of designing, constructing, altering, upgrading, and equipping collections preservation and storage facilities for the Library of Congress, or for the purpose of acquiring real property by lease for the preservation and storage of Library of Congress collections in accordance with section 1823a of this title.
(d) Continuing availability of funds
Any amounts in the Fund shall remain available until expended.
(e) Annual report
Not later than 180 days after the end of each fiscal year, the Librarian shall submit a joint report on the Fund to the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate.
(f) Initial 5–year plan
Not later than 6 months after May 5, 2017, the Librarian shall submit to the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate a report providing a plan for expenditures from the Fund for the first 5 fiscal years of the Fund's operation.
(g) Notification of transfers
Prior to any transfer into the Fund, the Librarian shall notify the Joint Committee on the Library and the Committees on Appropriations of the House and the Senate of the amount and origin of funds to be transferred.
(h) Effective date
This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year.
(Pub. L. 115–31, div. I, title I, §1302, May 5, 2017, 131 Stat. 584.)
1 So in original. No par. (2) has been enacted.
§183. Written history of the House of Representatives
(a) In general
Subject to available funding and in accordance with the requirements of this section and section 183a of this title, the Librarian of Congress shall prepare, print, distribute, and arrange for the funding of, a new and complete written history of the House of Representatives, in consultation with the Committee on House Administration. In preparing this written history, the Librarian of Congress shall consult, commission, or engage the services or participation of, eminent historians, Members, and former Members of the House of Representatives.
(b) Guidelines
In carrying out subsection (a), the Librarian of Congress shall take into account the following:
(1) The history should be an illustrated, narrative history of the House of Representatives, organized chronologically.
(2) The history's intended audience is the general reader, as well as Members of Congress and their staffs.
(3) The history should include a discussion of the First and Second Continental Congresses and the Constitutional Convention, especially with regard to their roles in creating the House of Representatives.
(c) Printing
(1) In general
The Librarian of Congress shall arrange for the printing of the history.
(2) Printing arrangements
The printing may be performed—
(A) by the Director of the Government Publishing Office pursuant to the provisions of chapter 5 of title 44;
(B) under a cooperative arrangement among the Librarian of Congress, a private funding source obtained pursuant to subsection (e), and a publisher in the private sector; or
(C) under subparagraphs (A) and (B).
(3) Internet dissemination
Any arrangement under paragraph (2) shall include terms for dissemination of excerpts of the history over the Internet via facilities maintained by the United States Government.
(4) Member copies
To the extent that the history is printed by the Director of the Government Publishing Office, copies of the history provided to the Congress under subsection (d) shall be charged to the Government Publishing Office's congressional allotment for printing and binding.
(d) Distribution
The Librarian of Congress shall make the history available for sale to the public, and shall make available, free of charge, 5 copies to each Member of the House of Representatives and 250 copies to the Senate.
(e) Private funding
The Librarian of Congress shall solicit and accept funding for the preparation, publication, marketing, and public distribution of the history from private individuals, organizations, or entities.
(Pub. L. 106–99, §2, Nov. 12, 1999, 113 Stat. 1330; Pub. L. 108–7, div. H, title I, §1305, Feb. 20, 2003, 117 Stat. 379; Pub. L. 113–235, div. H, title I, §1301(b), (d), Dec. 16, 2014, 128 Stat. 2537.)
Editorial Notes
References in Text
This section and section 183a of this title, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 106–99, which enacted this section and section 183a of this title and provisions set out as a note under this section. For complete classification of this Act to the Code, see Short Title note set out under this section and Tables.
Amendments
2003—Subsec. (c)(3). Pub. L. 108–7 inserted "excerpts of" after "dissemination of".
Statutory Notes and Related Subsidiaries
Change of Name
"Director of the Government Publishing Office" substituted for "Public Printer" in subsec. (c)(2)(A), (4) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.
"Government Publishing Office's" substituted for "Government Printing Office's" in subsec. (c)(4) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Short Title
Pub. L. 106–99, §1, Nov. 12, 1999, 113 Stat. 1330, provided that: "This Act [enacting this section and section 183a of this title] may be cited as the 'History of the House Awareness and Preservation Act'."
§183a. Oral history of the House of Representatives
(a) In general
The Librarian of Congress shall accept for deposit, preserve, maintain, and make accessible an oral history of the House of Representatives, as told by its Members and former Members, compiled and updated (on a voluntary or contract basis) by the United States Association of Former Members of Congress or other private organization. In carrying out this section, the Librarian of Congress may enlist the voluntary aid or assistance of such organization, or may contract with it for such services as may be necessary.
(b) Definition of oral history
In this section, the term "oral history" means a story or history consisting of personal recollection as recorded by any one or more of the following means:
(1) Interviews.
(2) Transcripts.
(3) Audio recordings.
(4) Video recordings.
(5) Such other form or means as may be suitable for the recording and preservation of such information.
(Pub. L. 106–99, §3, Nov. 12, 1999, 113 Stat. 1331.)
§184. Incorporation of digital collections into educational curricula
(a) Short title
This section may be cited as the "Library of Congress Digital Collections and Educational Curricula Act of 2005".
(b) Program
The Librarian of Congress shall administer a program to teach educators and librarians how to incorporate the digital collections of the Library of Congress into educational curricula.
(c) Educational consortium
In administering the program under this section, the Librarian of Congress may—
(1) establish an educational consortium to support the program; and
(2) make funds appropriated for the program available to consortium members, educational institutions, and libraries.
(d) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2006 and each fiscal year thereafter.
(Pub. L. 109–55, title I, §1306, Aug. 2, 2005, 119 Stat. 583.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2006.
§185. Inspector General of the Library of Congress
(a) Short title
This section may be cited as the "Library of Congress Inspector General Act of 2005".
(b) Office of Inspector General
There is an Office of Inspector General within the Library of Congress which is an independent objective office to—
(1) conduct and supervise audits and investigations (excluding incidents involving violence and personal property) relating to the Library of Congress, except that nothing in this paragraph may be construed to authorize the Inspector General to audit or investigate any operations or activities of the United States Capitol Police;
(2) provide leadership and coordination and recommend policies to promote economy, efficiency, and effectiveness; and
(3) provide a means of keeping the Librarian of Congress and the Congress fully and currently informed about problems and deficiencies relating to the administration and operations of the Library of Congress.
(c) Appointment of Inspector General; supervision; removal; pay; limits on bonuses; counsel
(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 Librarian of Congress 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 Librarian of Congress.
(B) Audits, investigations, and reports
The Librarian of Congress 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; or
(iii) issuing any report.
(2) Removal or transfer
(A) In general
The Inspector General may be removed from office, or transferred to another position within, or another location of, the Library of Congress, by the Librarian of Congress.
(B) Notice
Not later than 30 days before the Librarian of Congress removes or transfers the Inspector General under subparagraph (A), the Librarian of Congress shall communicate in writing the reason for the removal or transfer to—
(i) the Committee on House Administration and the Committee on Appropriations of the House of Representatives; and
(ii) the Committee on Rules and Administration and the Committee on Appropriations of the Senate.
(C) Applicability
Nothing in this paragraph shall prohibit a personnel action (except for removal or transfer) that is otherwise authorized by law.
(3) Pay
(A) In general
The position of Inspector General shall—
(i) be classified as a position above GS–15 in accordance with section 5108 of title 5; and
(ii) have a rate of basic pay that is not less than the average rate of basic pay of all other employees in positions classified as above GS–15 of the Library of Congress calculated on an annual basis.
(B) Adjustments
The Librarian of Congress shall establish the amount of the annual adjustment in the rate of basic pay for the Inspector General in an amount equal to the average of the annual adjustments in the rate of basic pay provided to all other employees in positions classified as above GS–15 of the Library of Congress, in a manner consistent with section 5376 of title 5.
(4) No bonuses
The Inspector General may not receive any cash award or cash bonus, including a cash award under chapter 45 of title 5.
(5) Counsel
The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Library of Congress, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.
(d) Duties, responsibilities, authority, and reports
(1) In general
Sections 404, 405 (other than subsection (b)(13)), 406(a) (other than paragraphs (7) and (8) thereof),1 and 407 of title 5 shall apply to the Inspector General of the Library of Congress and the Office of such Inspector General and such sections shall be applied to the Library of Congress and the Librarian of Congress by substituting—
(A) "Library of Congress" for "establishment"; and
(B) "Librarian of Congress" for "head of the establishment".
(2) Employees
(A) In general
The Inspector General, in carrying out the provisions of this section, is authorized, without the supervision or approval of any other employee, office, or other entity within the Library of Congress, to select, appoint, and employ such officers and employees (including consultants) as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General subject to the provisions of law governing selections, appointments, and employment in the Library of Congress.
(B) Security and suitability
Appointments under the authority under subparagraph (A) shall be made consistent with personnel security and suitability requirements.
(C) Consultants
Any appointment of a consultant under the authority under subparagraph (A) shall be made consistent with section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.).1
(3) Law enforcement authority
(A) In general
Subject to subparagraph (B), any supervisory special agent under the Inspector General and any special agent supervised by such a supervisory special agent is authorized to—
(i) make an arrest without a warrant while engaged in official duties as authorized under this section or any other statute for any offense against the United States committed in the presence of such supervisory special agent or special agent, or for any felony cognizable under the laws of the United States if such supervisory special agent or special agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony;
(ii) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed; and
(iii) carry a firearm while engaged in official duties as authorized under this section or any other statute.
(B) Requirements to exercise authority
(i) Required certification
(I) In general
In order to exercise the authority under subparagraph (A), a supervisory special agent or a special agent supervised by such a supervisory special agent shall certify that he or she—
(aa) is a citizen of the United States;
(bb) has successfully completed a basic law enforcement training program or military or other equivalent; and
(cc) is not prohibited from receiving a firearm under Federal law, including under section 922(g)(9) of title 18, because of a conviction of a misdemeanor crime of domestic violence.
(II) Additional requirements
After providing notice to the appropriate committees of Congress, the Inspector General may add requirements to the certification required under subclause (I), as determined appropriate by the Inspector General.
(ii) Maintenance of requirements
The Inspector General shall maintain firearms-related requirements (including quarterly firearms qualifications) and use of force training requirements that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in accordance with the Council of the Inspectors General on Integrity and Efficiency use of force policies, which incorporate Department of Justice guidelines.
(iii) Eligibility determination
(I) In general
The Inspector General shall—
(aa) determine whether an individual meets the requirements under this paragraph; and
(bb) revoke any authority granted to an individual under subparagraph (A) if the individual is not in compliance with the requirements of this paragraph.
(II) Reauthorization
The Inspector General may reauthorize an individual to exercise the authority granted under subparagraph (A) if the Inspector General determines the individual has achieved compliance with the requirements under this paragraph.
(III) Limitation on appeal
A revocation of the authority granted under subparagraph (A) shall not be subject to administrative, judicial, or other review, unless the revocation results in an adverse action. Such an adverse action may, at the election of the applicable individual, be reviewed in accordance with the otherwise applicable procedures.
(C) Semiannual certification of program
(i) In general
Before the first grant of authority under subparagraph (A), and semiannually thereafter as part of the report under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.),1 the Inspector General shall submit to the appropriate committees of Congress a written certification that adequate internal safeguards and management procedures exist that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in compliance with standards established by the Council of the Inspectors General on Integrity and Efficiency, which incorporate Department of Justice guidelines, to ensure proper exercise of the powers authorized under this paragraph.
(ii) Suspension of authority
The authority granted under this paragraph (including any grant of authority to an individual under subparagraph (A), without regard to whether the individual is in compliance with subparagraph (B)) may be suspended by the Inspector General if the Office of Inspector General fails to comply with the reporting and review requirements under clause (i) of this subparagraph or subparagraph (D). Any suspension of authority under this clause shall be reported to the appropriate committees of Congress.
(D) Peer review
To ensure the proper exercise of the law enforcement powers authorized under this paragraph, the Office of Inspector General shall submit to and participate in the external review process established by the Council of the Inspectors General on Integrity and Efficiency for ensuring that adequate internal safeguards and management procedures continue to exist. Under the review process, the exercise of the law enforcement powers by the Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the Inspector General, the Council of the Inspectors General on Integrity and Efficiency, and the appropriate committees of Congress.
(E) Alleged misconduct
Any allegation of misconduct by an individual granted authority under subparagraph (A) may be reviewed by the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency.
(F) Appropriate committees of Congress
In this paragraph, the term "appropriate committees of Congress" means—
(i) the Committee on Rules and Administration and the Committee on Appropriations of the Senate; and
(ii) the Committee on House Administration and the Committee on Appropriations of the House of Representatives.
(4) Budget independence
The Librarian of Congress shall include the annual budget request of the Inspector General in the budget of the Library of Congress without change.
(e) Transfers
All functions, personnel, and budget resources of the Office of Investigations of the Library of Congress are transferred to the Office of Inspector General.
(f) Incumbent
The individual who serves in the position of Inspector General of the Library of Congress on August 2, 2005, shall continue to serve in that position, subject to removal in accordance with this section.
(g) 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 Library of Congress shall be deemed to refer to the Inspector General of the Library of Congress as set forth under this section.
(h) Effective date
This section shall be effective on August 2, 2005.
(Pub. L. 109–55, title I, §1307, Aug. 2, 2005, 119 Stat. 583; Pub. L. 110–161, div. H, title I, §1004(d)(3), Dec. 26, 2007, 121 Stat. 2234; Pub. L. 110–178, §4(c), Jan. 7, 2008, 121 Stat. 2552; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54; Pub. L. 116–94, div. P, title XVI, §§1602(a), 1603(a), 1604(a)(1), 1605(a), Dec. 20, 2019, 133 Stat. 3209, 3212, 3218, 3219; Pub. L. 117–286, §4(b)(1), Dec. 27, 2022, 136 Stat. 4342.)
Editorial Notes
References in Text
Section 406(a) (other than paragraphs (7) and (8) thereof) of title 5, referred to in subsec. (d)(1), probably should be a reference to section "406 (other than subsection (a)(7))" of title 5. Pub. L. 116–94, §1602(a)(2), had amended subsec. (d)(1) by substituting a reference to section "6 (other than subsection (a)(7))" of the Inspector General Act of 1978 for a reference to section "6(a) (other than paragraphs (7) and (8) thereof)" of that Act. The reference was subsequently amended by Pub. L. 117–286 to reflect the repeal of section 6 of the Act and its restatement as section 406 of title 5, but that amendment was based on the text as it existed prior to the amendment by Pub. L. 116–94. See 2019 and 2022 Amendment notes below.
Sections 5 and 6(a)(8) of the Inspector General Act of 1978, referred to in subsec. (d)(2)(C), (3)(C)(i), are sections 5 and 6(a)(8) of Pub. L. 95–452, which were set out in the Appendix to Title 5, Government Organization and Employees, and were repealed and restated as sections 405 and 406(a)(8), respectively, of Title 5 by Pub. L. 117–286, §§3(b), 7, Dec. 27, 2022, 136 Stat. 4212, 4219, 4361.
Codification
Section is from the Legislative Branch Appropriations Act, 2006.
Amendments
2022—Subsec. (d)(1). Pub. L. 117–286, which directed the substitution of "Sections 404, 405 (other than subsection (b)(13)), 406(a) (other than paragraphs (7) and (8) thereof), and 407 of title 5" for "Sections 4, 5 (other than subsections (a)(13)), 6(a) (other than paragraphs (7) and (8) thereof), and 7 of the Inspector General Act of 1978 (5 U.S.C. App.)", was executed by making the substitution for "Sections 4, 5 (other than subsection (a)(13)), 6 (other than subsection (a)(7)), and 7 of the Inspector General Act of 1978 (5 U.S.C. App.)" to reflect the probable intent of Congress and the prior amendment by Pub. L. 116–94, §1602(a)(2). See 2019 Amendment note below.
2019—Subsec. (c). Pub. L. 116–94, §1602(a)(1)(A), inserted "; pay; limits on bonuses; counsel" after "removal" in heading.
Subsec. (c)(2). Pub. L. 116–94, §1602(a)(1)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "The Inspector General may be removed from office by the Librarian of Congress. The Librarian of Congress shall, promptly upon such removal, communicate in writing the reasons for any such removal to each House of the Congress."
Subsec. (c)(3) to (5). Pub. L. 116–94, §1602(a)(1)(C), added pars. (3) to (5).
Subsec. (d)(1). Pub. L. 116–94, §1602(a)(2), substituted "Sections 4, 5 (other than subsection (a)(13)), 6 (other than subsection (a)(7)), and 7" for "Sections 4, 5 (other than subsections (a)(13)), 6(a) (other than paragraphs (7) and (8) thereof), and 7".
Subsec. (d)(2). Pub. L. 116–94, §1605(a), designated existing provisions as subpar. (A), inserted subpar. heading and ", without the supervision or approval of any other employee, office, or other entity within the Library of Congress," after "is authorized", and added subpars. (B) and (C).
Subsec. (d)(3). Pub. L. 116–94, §1603(a), added par. (3).
Subsec. (d)(4). Pub. L. 116–94, §1604(a)(1), added par. (4).
2010—Subsec. (b)(1). Pub. L. 111–145 repealed Pub. L. 110–161, §1004(d)(3). See 2007 Amendment note below.
2008—Subsec. (b)(1). Pub. L. 110–178 inserted ", except that nothing in this paragraph may be construed to authorize the Inspector General to audit or investigate any operations or activities of the United States Capitol Police" before semicolon at end.
2007—Subsec. (b)(1). Pub. L. 110–161, §1004(d)(3), which made amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–178 effective Oct. 1, 2009, see section 4(d) of Pub. L. 110–178, set out as an Effective Date of Repeal note under former section 167 of this title.
1 See References in Text note below.
§186. Library of Congress orders under task and delivery order contracts
(a) Contract modifications
An order issued under a task order contract or a delivery order contract (as such terms are defined in section 4101 of title 41) entered into by the Librarian of Congress may not increase the scope, period, or maximum value of the contract under which the order is issued. The scope, period, or maximum value of the contract may be increased only by modification of the contract.
(b) Omitted
(c) Protests
(1) Protest not authorized
A protest to an order described in subsection (a) filed pursuant to the procedures in subchapter V of chapter 35 of title 31 is not authorized unless such protest—
(A) is an objection on the basis that the order is in violation of subsection (a); or
(B) concerns an order valued in excess of $10,000,000.
(2) Jurisdiction over protests
Notwithstanding section 3556 of title 31, the Comptroller General shall have exclusive jurisdiction of a protest authorized under paragraph (1)(B).
(d) Effective date
This section and the amendment made by this section shall apply with respect to fiscal year 2022 and each succeeding fiscal year.
(Pub. L. 117–103, div. I, title I, §142, Mar. 15, 2022, 136 Stat. 519.)
Editorial Notes
Codification
Section is comprised of section 142 of div. I of Pub. L. 117–103. Subsec. (b) of section 142 of div. I of Pub. L. 117–103 amended section 6102 of Title 41, Public Contracts.
CHAPTER 6—CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
§190. Repealed. S. Res. 4, §301(b), Feb. 4, 1977
Section, act Aug. 2, 1946, ch. 753, title I, §137, 60 Stat. 832, directed that controversies arising as to the jurisdiction of any standing committee of the Senate with respect to any proposed legislation be decided by the presiding officer of the Senate in favor of the committee having jurisdiction over the subject matter which predominated in the proposed legislation.
§§190a to 190a–2. Repealed. S. Res. 274, §2(a), Nov. 14, 1979
Section 190a, acts Aug. 2, 1946, ch. 753, title I, §133, 60 Stat. 381; Oct. 26, 1970, Pub. L. 91–510, title I, §§102(a), 103(a), 104(a), 105(a), 106(a), 107(a), 108(a), 110(a), 84 Stat. 1143–1149; Dec. 16, 1970, Pub. L. 91–552, §1(2), 84 Stat. 1440; Oct. 11, 1971, Pub. L. 92–136, §3(a), (b), 85 Stat. 377; S. Res. 9, §2, Nov. 5, 1975, related to meetings of the standing committees of the Senate. See the Standing Rules of the Senate.
Section 190a–1, act Aug. 2, 1946, ch. 753, title I, §133A, as added Oct. 26, 1970, Pub. L. 91–510, title I, §§111(a)(1), 112(a), 113(a), 114(a), 115(a), 116(a), 84 Stat. 1151–1153; S. Res. 9, §2, Nov. 5, 1975, related to Senate committee hearing procedures. See Standing Rules of the Senate.
Section 190a–2, act Aug. 2, 1946, ch. 753, title I, §133B, as added Oct. 26, 1970, Pub. L. 91–510, title I, §130(a), 84 Stat. 1163, related to Senate committee rules. See Standing Rules of the Senate.
§190a–3. Repealed. S. Res. 9, §2, Nov. 5, 1975
Section, Pub. L. 93–344, title I, §102(d), July 12, 1974, 88 Stat. 301, provided that meetings of Senate Committee on the Budget or any subcommittee thereof be open to public except in certain specified instances.
§§190b, 190c. Repealed. S. Res. 274, §2(a), Nov. 14, 1979
Section 190b, acts Aug. 2, 1946, ch. 753, title I, §134(a), (c), 60 Stat. 831, 832; Oct. 26, 1970, Pub. L. 91–510, title I, §117(a), 84 Stat. 1155; Dec. 16, 1970, Pub. L. 91–552, §1(6), 84 Stat. 1440; July 12, 1974, Pub. L. 93–344, title IX, §903(a), 88 Stat. 331; S. Res. 4, §402(c), Feb. 4, 1977, related to authority of Senate standing committees and subcommittees. See Standing Rules of the Senate.
Section 190c, acts Aug. 2, 1946, ch. 753, title I, §135, 60 Stat. 832; Oct. 26, 1970, Pub. L. 91–510, title I, §125(a)(2), 84 Stat. 1159, related to Senate conference reports. See Standing Rules of the Senate.
§190d. Legislative review by standing committees of the Senate and the House of Representatives
(a) Scope of assistance
In order to assist the Congress in—
(1) its analysis, appraisal, and evaluation of the application, administration, and execution of the laws enacted by the Congress, and
(2) its formulation, consideration, and enactment of such modifications of or changes in those laws, and of such additional legislation, as may be necessary or appropriate,
each standing committee of the Senate 1 and the House of Representatives shall review and study, on a continuing basis, the application, administration, and execution of those laws, or parts of laws, the subject matter of which is within the jurisdiction of that committee. Such committees may carry out the required analysis, appraisal, and evaluation themselves, or by contract, or may require a Government agency to do so and furnish a report thereon to the Congress. Such committees may rely on such techniques as pilot testing, analysis of costs in comparison with benefits, or provision for evaluation after a defined period of time.
(b) Reports to the Senate and the House of Representatives
In each odd-numbered year beginning on or after January 1, 1973, each standing committee of the Senate shall submit, not later than March 31, to the Senate,1 and each standing committee of the House shall submit, not later than January 2, to the House, a report on the activities of that committee under this section during the Congress ending at noon on January 3 of such year.
(c) Exceptions
The preceding provisions of this section do not apply to the Committees on Appropriations and the Budget of the Senate 1 and the Committees on Appropriations, the Budget, House Oversight, Rules, and Standards of Official Conduct of the House.
(Aug. 2, 1946, ch. 753, title I, §136, 60 Stat. 832; Pub. L. 91–510, title I, §118(a)(1), Oct. 26, 1970, 84 Stat. 1156; Pub. L. 92–136, §1, Oct. 11, 1971, 85 Stat. 376; Pub. L. 93–344, title VII, §701, title IX, §903(b), July 12, 1974, 88 Stat. 325, 331; Pub. L. 104–186, title II, §206(1), Aug. 20, 1996, 110 Stat. 1742.)
Editorial Notes
Amendments
1996—Subsec. (c). Pub. L. 104–186 substituted "House Oversight" for "House Administration".
1974—Subsec. (a). Pub. L. 93–344, §701, authorized the committees to carry out the required analysis, appraisal, and evaluation themselves, or by contract, or to require a Government agency to do so and furnish a report thereon to the Congress, and authorized the committees to rely on such techniques as pilot testing, analysis of costs in comparison with benefits, or provision for evaluation after a defined period of time.
Subsec. (c). Pub. L. 93–344, §903(b), substituted "Committees on Appropriations and the Budget of the Senate and the Committees on Appropriations, the Budget," for "Committee on Appropriations of the Senate and the Committee on Appropriations,".
1971—Subsec. (a). Pub. L. 92–136 substituted "Congress" for "Senate" in provisions preceding cl. (1) and inserted reference to the House of Representatives in provisions following cl. (2).
Subsec. (b). Pub. L. 92–136 substituted "In each odd-numbered year beginning on or after January 1, 1973, each" for "Each" and "March 31, to the Senate, and each standing committee of the House shall submit, not later than January 2, to the House," for "March 31 of each odd-numbered year beginning on and after January 1, 1973, to the Senate".
Subsec. (c). Pub. L. 92–136 inserted reference to Committees on Appropriations, House Administration, Rules, and Standards of Official Conduct of the House.
1970—Subsec. (a). Pub. L. 91–510 incorporated existing subject matter in provisions designated as subsec. (a), restricted the text to standing committees of Senate, revised phraseology to require standing committees to review and study, on a continuing basis, application, administration, and execution of laws and parts of laws for prior provision for exercise of continuous watchfulness of execution of laws by administrative agencies concerned, and in providing for assistance to the Senate, rather than the Congress, included analysis and evaluation of laws enacted by Congress and substituted provision for formulation, consideration, and enactment of modifications or changes in the laws and of additional legislation as necessary or appropriate for prior provisions for assistance in developing amendments or related legislation as may be necessary.
Subsecs. (b), (c). Pub. L. 91–510 added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Effective Date of 1971 Amendment
Pub. L. 92–136, §9(a), Oct. 11, 1971, 85 Stat. 378, provided that: "The amendments made by the first section [amending this section] section 2, and section 5 of this Act [amending section 4301 of this title] shall become effective as of noon on January 3, 1971."
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–510 effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as a note under section 4301 of this title.
Effective Date
Section effective Jan. 2, 1947, see section 142 of act Aug. 2, 1946, ch. 753, title I, 60 Stat. 834.
Partial Repeal
Section 2(a), S. Res. 274, Ninety-sixth Congress, Nov. 14, 1979, provided in part that this section, insofar as it relates to the Senate, is repealed. See Standing Rules of the Senate.
1 See Partial Repeal note below.
§190e. Repealed. Pub. L. 91–510, title II, §242(b)(1), Oct. 26, 1970, 84 Stat. 1172
Section, act Aug. 2, 1946, ch. 753, title I, §138, 60 Stat. 832, related to report of legislative budget by Committee on Ways and Means and Committee on Appropriations of House and Committee on Finance and Committee on Appropriations of Senate, its contents, and concurrent resolution adopting the budget. See Rules of the House of Representatives and Standing Rules of the Senate.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
§190f. General appropriation bills
(a) Repealed. Pub. L. 91–510, title I, §108(d), Oct. 26, 1970, 84 Stat. 1149
(b) Standard appropriation classification schedule
The Committees on Appropriations of the two Houses 1 are authorized and directed, acting jointly, to develop a standard appropriation classification schedule which will clearly define in concise and uniform accounts the subtotals of appropriations asked for by agencies in the executive branch of the Government. That part of the printed hearings containing each such agency's request for appropriations shall be preceded by such a schedule.
(c) Nonconsideration if a provision reappropriates unexpended balances
No general appropriation bill or amendment thereto shall be received or considered in either House 1 if it contains a provision reappropriating unexpended balances of appropriations; except that this provision shall not apply to appropriations in continuation of appropriations for public works on which work has commenced.
(Aug. 2, 1946, ch. 753, title I, §139(a), (b), (c), 60 Stat. 833; Pub. L. 91–510, title I, §108(d), Oct. 26, 1970, 84 Stat. 1149.)
Editorial Notes
Codification
Section constitutes subsections (a) to (c) of section 139 of act Aug. 2, 1946. Subsection (d) of section 139, which required the two Houses of Congress to make a study of existing permanent appropriations with a view to limiting the number thereof and to recommending what permanent appropriations should be discontinued, and of the disposition of funds resulting from the sale of Government property or services by all departments and agencies in the executive branch of the Government with a view to recommending a uniform system of control with respect to those funds, was omitted from the Code as being of a temporary character.
Amendments
1970—Subsec. (a). Pub. L. 91–510 repealed prohibition against consideration of any general appropriation bill in either House unless prior to such consideration printed committee hearings and reports on the bill have been available for at least three calendar days for the Members of the House considering the bill, which was incorporated in section 190a(f) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–510 effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as a note under section 4301 of this title.
Effective Date
Section effective Jan. 2, 1947, see section 142 of act Aug. 2, 1946, ch. 753, title I, 60 Stat. 834.
Partial Repeal
Section 2(a), S. Res. 274, Ninety-sixth Congress, Nov. 14, 1979, provided in part that this section, insofar as it relates to the Senate, is repealed. See Standing Rules of the Senate.
1 See Partial Repeal note below.
§190g. Nonconsideration of certain private bills and resolutions
No private bill or resolution (including so-called omnibus claims or pension bills), and no amendment to any bill or resolution, authorizing or directing (1) the payment of money for property damages, for personal injuries or death for which suit may be instituted under the Federal Tort Claims Act, or for a pension (other than to carry out a provision of law or treaty stipulation); (2) the construction of a bridge across a navigable stream; or (3) the correction of a military or naval record, shall be received or considered in either the Senate 1 or the House of Representatives.
(Aug. 2, 1946, ch. 753, title I, §131, 60 Stat. 831.)
Editorial Notes
References in Text
The Federal Tort Claims Act, referred to in text, is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 2, 1947, see section 142 of act Aug. 2, 1946, ch. 753, title I, 60 Stat. 834.
Partial Repeal
Section 2(a), S. Res. 274, Ninety-sixth Congress, Nov. 14, 1979, provided in part that this section, insofar as it relates to the Senate, is repealed. See Standing Rules of the Senate.
1 See Partial Repeal note below.
§190h. Repealed. S. Res. 9, §2, Nov. 5, 1975
Section, Pub. L. 91–510, title II, §242(a), Oct. 26, 1970, 84 Stat. 1171, provided that each meeting conducted by Senate Committee on Appropriations be open to the public except when testimony to be taken might relate to a matter of national security, tend to reflect adversely on character or reputation of witness or other individual, or divulge matters deemed confidential under other provisions of law or regulations.
§§190i to 190k. Repealed. S. Res. 274, §2(b), Nov. 14, 1979
Section 190i, Pub. L. 91–510, title II, §243, Oct. 26, 1970, 84 Stat. 1173, related to actions and procedures of the Committee on Appropriations of Senate. See Standing Rules of the Senate.
Section 190j, Pub. L. 91–510, title II, §252(a), Oct. 26, 1970, 84 Stat. 1173; Aug. 1, 1946, ch. 724, §302(d), as added Pub. L. 95–110, §1, Sept. 20, 1977, 91 Stat. 884, related to cost estimates in reports of Senate committees accompanying certain legislative measures and to other Senate committee operations. See Standing Rules of the Senate.
Section 190k, Pub. L. 91–510, title II, §253(a), (b), Oct. 26, 1970, 84 Stat. 1174, related to appropriations on an annual basis for continuing programs and activities and review by Senate and joint committees. See Standing Rules of the Senate.
§190l. Private claims pending before Congress; taking of testimony
Any committee of either House of Congress before which any private claim against the United States may at any time be pending, being first thereto authorized by the House appointing them, may order testimony to be taken, and books and papers to be examined, and copies thereof proved, before any standing master in chancery within the judicial district where such testimony or evidence is to be taken. Such master in chancery, upon receiving a copy of the order of such committee, signed by its chairman, setting forth the time and place when and where such examination is to be had, the questions to be investigated, and, so far as may be known to the committee, the names of the witnesses to be examined on the part of the United States, and the general nature of the books, papers, and documents to be proved, if known, shall proceed to give to such private parties reasonable notice of the time and place of such examination, unless such notice shall have been or shall be given by such committee or its chairman, or by the attorney or agent of the United States, or waived by such private party. And such master shall issue subpoenas for such witnesses as may have been named in the order of such committee, and such others as the agent or other representative of the United States hereinafter mentioned shall request. And he shall also issue subpoenas at the request of such private party, or parties, for such witnesses within such judicial district as they may desire: Provided, That the United States shall not be liable for the fees of any officer for serving any subpoena for any private party, nor for the fees of any witness on behalf of such party. Said committee may inform the United States attorney for the district where the testimony is to be taken of the time, place, and object of such examination, and request his attendance in behalf of the Government in conducting such examination, in which case it shall be his duty to attend in person, or by an assistant employed by him, to conduct such examination on the part of the United States, or such committee may, at its option, appoint an agent or attorney, or one of its own members, for that purpose, as they may deem best; and in that event, if the committee shall not be unanimous, the minority of the committee may also appoint such agent or attorney or member of such committee to attend and take part in such examination.
(Feb. 3, 1879, ch. 40, §1, 20 Stat. 278; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; June 25, 1948, ch. 646, §1, 62 Stat. 909.)
Editorial Notes
Codification
This section and section 190m of this title were an act entitled "An act to provide for taking testimony, to be used before Congress, in cases of private claims against the United States."
The original text referred to "any standing master in chancery of the circuit of the United States within the judicial district where such testimony or evidence is to be taken." The words "of the circuit of the United States" were omitted as inappropriate since the abolition of circuit courts by act Mar. 3, 1911.
Section was formerly classified to section 229 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Statutory Notes and Related Subsidiaries
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorney" for "district attorney of the United States". See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder.
§190m. Subpoena for taking testimony; compensation of officers and witnesses; return of depositions
It shall be the duty of the marshal of the United States for the district in which the testimony is to be taken to serve, or cause to be served, all subpoenas issued in behalf of the United States under this section and section 190l of this title, in the same manner as if issued by the district court for his district; and he shall, upon being first paid his fees therefor, serve any subpoenas that may be issued at the instance of such private party or parties. And the said master may, in his discretion, appoint any other person to serve any subpoena. Such master shall have full power to administer oaths to witnesses, and the same power to issue attachments to compel the attendance of witnesses and the production of books, papers, and documents, as the district court of his district would have in a case pending before it; and it shall be his duty to report the conduct of contumacious witnesses before him to the House of Congress appointing such committee. The compensation of such master in chancery, and the fees of marshals and deputy marshals, and of any person appointed to serve papers, shall be the same as for like services in equity cases in the district court of the United States; and the compensation of witnesses shall be the same as for like attendance and travel of witnesses before such district courts; and all such fees and compensation of officers and witnesses on behalf of the United States, and other expenses of all investigations which may be had under the provisions of this section and section 190l of this title on the part of the United States, shall be paid out of the contingent fund of the Senate, in the case of a committee of the Senate, or the applicable accounts of the House of Representatives, in the case of a committee of the House of Representatives. Said master, when the examination is concluded, shall attach together all the depositions and exhibits, and attach thereto his certificate setting forth or referring to the authority by which they were taken, any notices he may have given, the names of the witnesses for whom subpoenas or attachments were issued, the names of witnesses who attended, with the time of attendance and mileage and fees of each witness on behalf of the United States, which he may require to be shown by affidavit, his own fees, the fees of the marshal, his deputies or other persons serving papers, giving the items, and such other facts in relation to the circumstances connected with the taking of the depositions as he may deem material. He shall then seal up such depositions and papers securely, direct them to the chairman of such committee at Washington, stating briefly on the outside the nature of the contents, and place the same in the post office, paying the postage thereon; and said package shall be opened only in the presence of such committee. The chairman of any committee ordering testimony to be taken under this section and section 190l of this title shall, at least ten days before the time fixed for such examination, and within two days after the adoption of such order, cause a copy thereof to be directed and delivered to the Attorney General of the United States, or sent to him by mail at the Department of Justice, to enable him to give such instructions as he may deem best to the United States attorney of the district where such testimony is to be taken, who may, and, if required by the Attorney General, shall, though not requested by the committee, appear for the United States in person or by assistant, and take such part in such examination as the Attorney General shall direct.
(Feb. 3, 1879, ch. 40, §2, 20 Stat. 279; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; June 25, 1948, ch. 646, §1, 62 Stat. 909; Pub. L. 104–186, title II, §206(2), Aug. 20, 1996, 110 Stat. 1742.)
Editorial Notes
Codification
Upon its incorporation into the Code, references in this section to the circuit courts were omitted or changed to refer to the district courts to conform to act Mar. 3, 1911, which abolished the circuit courts.
Section was formerly classified to section 230 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1996—Pub. L. 104–186 substituted "contingent fund of the Senate, in the case of a committee of the Senate, or the applicable accounts of the House of Representatives, in the case of a committee of the House of Representatives." for "contingent fund of the branch of Congress appointing such committee."
Statutory Notes and Related Subsidiaries
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorney" for "district attorney of the United States". See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder.
§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. §101; June 26, 1884, ch. 123, 23 Stat. 60; June 22, 1938, ch. 594, 52 Stat. 942, 943.)
Editorial Notes
Codification
R.S. §101 derived from acts May 3, 1798, ch. 36, §1, 1 Stat. 554, and Feb. 8, 1817, ch. 10, 3 Stat. 345.
R.S. §101 constitutes first sentence, and act June 26, 1884, constitutes second sentence.
Amendments
1938—Act June 22, 1938, reenacted section without change.
§192. Refusal of witness to testify or produce papers
Every person who having been summoned as a witness by the authority of either House of Congress to give testimony or to produce papers upon any matter under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee of either House of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $1,000 nor less than $100 and imprisonment in a common jail for not less than one month nor more than twelve months.
(R.S. §102; June 22, 1938, ch. 594, 52 Stat. 942.)
Editorial Notes
Codification
R.S. §102 derived from act Jan. 24, 1857, ch. 19, §1, 11 Stat. 155.
Amendments
1938—Act June 22, 1938, reenacted section without change.
§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. §103; June 22, 1938, ch. 594, 52 Stat. 942.)
Editorial Notes
Codification
R.S. §103 derived from act Jan. 24, 1862, ch. 11, 12 Stat. 333.
Amendments
1938—Act June 22, 1938, reenacted section without change.
§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. §104; July 13, 1936, ch. 884, 49 Stat. 2041; June 22, 1938, ch. 594, 52 Stat. 942.)
Editorial Notes
Codification
R.S. §104 derived from act Jan. 24, 1857, ch. 19, §3, 11 Stat. 156.
Amendments
1938—Act June 22, 1938, substituted "section 102" for "section 102 of the Revised Statutes" and inserted "or any joint committee established by a joint or concurrent resolution of the two Houses of Congress".
1936—Act July 13, 1936, substituted "section 102 of the Revised Statutes" for "section 102", inserted provisions as to failure to produce and refusal to answer, required a statement of facts constituting the failure to be reported to and filed with the President of the Senate or the Speaker of the House, and directed that said President or Speaker certify the facts to the appropriate United States attorney in lieu of prior certification to the district attorney for the District of Columbia.
§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, title V, §502, July 13, 1972, 86 Stat. 496; Pub. L. 93–126, §17, Oct. 18, 1973, 87 Stat. 455; Pub. L. 105–277, div. G, subdiv. A, title XII, §1225(g), title XIII, §1335(n), Oct. 21, 1998, 112 Stat. 2681–775, 2681-789.)
Editorial Notes
Amendments
1998—Pub. L. 105–277, §1335(n), struck out "the United States Information Agency," after "Department of State,".
Pub. L. 105–277, §1225(g), struck out "the United States Arms Control and Disarmament Agency," after "International Development,".
1973—Pub. L. 93–126 substituted "or employee of" for "appointed by the President, by and with the advice and consent of the Senate, to a position in".
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by section 1225(g) of Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of Title 22, Foreign Relations and Intercourse.
Amendment by section 1335(n) of Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of Title 22, Foreign Relations and Intercourse.
§194b. Omitted
Editorial Notes
Codification
Section, Pub. L. 100–418, title V, §5421, Aug. 23, 1988, 102 Stat. 1468, which directed President or head of appropriate department or agency to include in every recommendation or report made to Congress on legislation which might affect ability of United States firms to compete in domestic and international commerce a statement of impact of such legislation on international trade and public interest and ability of United States firms engaged in the manufacture, sale, distribution, or provision of goods or services to compete in foreign or domestic markets, ceased to be effective six years from Aug. 23, 1988, pursuant to subsec. (c) of section.
§195. Fees of witnesses in District of Columbia
Witnesses residing in the District of Columbia and not in the service of the government of said District or of the United States, who shall be summoned to give testimony before any committee of the House of Representatives, shall not be allowed exceeding $2 for each day's attendance before said committee.
(May 1, 1876, ch. 88, 19 Stat. 41.)
Statutory Notes and Related Subsidiaries
House Rule on Pay of Witnesses
Rule XI, clause 5, Rules of the House of Representatives, provides that: "Witnesses appearing before the House or any of its committees shall be paid the same per diem rate as established, authorized, and regulated by the Committee on House Administration for Members, Delegates, the Resident Commissioner, and employees of the House, plus actual expenses of travel to or from the place of examination. Such per diem may not be paid when a witness has been summoned at the place of examination."
§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 and after July 12, 1960, 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.)
§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, §7, Aug. 13, 1974, 88 Stat. 431.)
§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, §1, 44 Stat. 162.)
§197. Compensation of employees
The rate of compensation for any position under the appropriations now available for, or hereafter made for, expenses of inquiries and investigations of the Senate or expenses of special and select committees of the House of Representatives shall not exceed the rates fixed under chapter 51 and subchapter III of chapter 53 of title 5, for positions with comparable duties; and the salary limitations of $3,600 attached to appropriations heretofore made for expenses of inquiries and investigations of the Senate or for expenses of special and select committees of the House of Representatives are repealed.
(Feb. 9, 1937, ch. 9, title I, §1, 50 Stat. 9; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972.)
Editorial Notes
Codification
"Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "the Classification Act of 1949" on authority of section 7(b) of Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 631, section 1 of which enacted Title 5, Government Organization and Employees.
Amendments
1949—Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Statutory Notes and Related Subsidiaries
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
§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 roll-call 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, title I, §132, 60 Stat. 831; Pub. L. 91–510, title IV, §461(b), Oct. 26, 1970, 84 Stat. 1193.)
Editorial Notes
Amendments
1970—Pub. L. 95–110, in amending section generally, incorporated existing subject matter in subsec. (a)(1), substituted therein an adjournment date not later than July 31 of each year for prior provision for a date not later than last day (Sundays excepted) in month of July in each year, added subsec. (a)(2), added subsec. (b) which incorporated former exception to adjournment in time of war, and deleted another exception to adjournment during national emergency proclaimed by the President.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–510 effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as a note under section 4301 of this title.
Effective Date
Section effective Jan. 2, 1947, see section 142 of act Aug. 2, 1946, ch. 753, title I, 60 Stat. 834.
§199. Member of commission, board, etc., appointed by President pro tempore of Senate; recommendation process; applicability
(a) Any provision of law which provides that any member of a commission, board, committee, advisory group, or similar body is to be appointed by the President pro tempore of the Senate shall be construed to require that the appointment be made—
(1) upon recommendation of the Majority Leader of the Senate, if such provision of law specifies that the appointment is to be made on the basis of the appointee's affiliation with the majority political party,
(2) upon the recommendation of the Minority Leader of the Senate, if such provision of law specifies that the appointment is to be made on the basis of the appointee's affiliation with the minority party, and
(3) upon the joint recommendation of the Majority Leader of the Senate and the Minority Leader of the Senate, if such provision of law does not specify that the appointment is to be made on the appointee's affiliation with the majority or minority political party.
(b) The provisions of subsection (a) shall be applicable in the case of appointments made after December 22, 1980, pursuant to provisions of law enacted on, before, and after, December 22, 1980.
(Pub. L. 96–576, §3, Dec. 22, 1980, 94 Stat. 3355.)
CHAPTER 7—CONTESTED ELECTIONS
§§201 to 226. Repealed. Pub. L. 91–138, §18, Dec. 5, 1969, 83 Stat. 290
The subject matter of former sections 201 to 226 of this title is covered generally by chapter 12 of this title.
Section 201, R.S. §105, provided that whenever any person intended to contest an election of any member of House of Representatives he had to give notice in writing to that member within thirty days of result of such election.
Section 202, R.S. §106, provided that a member of House of Representatives whose election was contested serve an answer within thirty days after service of notice upon him.
Section 203, R.S. §107; Mar. 2, 1875, ch. 119, §2, 18 Stat. 338, provided time and order for taking testimony.
Section 204, R.S. §108, provided for taking of depositions upon notice to other party.
Section 205, R.S. §109, provided that testimony in contested election cases could be taken at two or more places at same time.
Section 206, R.S. §110; June 7, 1878, ch. 160, 20 Stat. 99; July 1, 1898, ch. 541, §38, 30 Stat. 555, made provision for issuance of subpoenas by specified officers.
Section 207, R.S. §111, set forth requisite contents of subpoenas.
Section 208, R.S. §112, authorized issuance of subpoenas by justices of the peace.
Section 209, R.S. §113, made provision for taking of depositions by written consent.
Section 210, R.S. §114, required that each witness be served with a subpoena at least five days prior to date he was required to attend.
Section 211, R.S. §115, exempted witness from attendance at examinations out of county in which they resided or were served with a subpoena.
Section 212, R.S. §116, mandated a $20 penalty to be recovered by party issuing subpoena, and a possible indictment for a misdemeanor, for failure of party summoned to attend or testify, unless prevented by sickness or unavoidable necessity.
Section 213, R.S. §117, provided that depositions of witnesses residing outside district be taken before any officer authorized to take testimony in contested election cases in district in which witness resided.
Section 214, R.S. §118, required selection of qualified officers to officiate jointly with officer named in notice.
Section 215, R.S. §119, provided that at taking of any deposition under this chapter, either party could appear and act in person, or by agent or attorney.
Section 216, R.S. §120, made provision for examination of witnesses through device of taking their depositions before a qualified officer.
Section 217, R.S. §121, provided that testimony to be taken by either party be confined to proof or disproof of facts alleged or denied in notice and answer.
Section 218, R.S. §122, required officer to reduce to writing testimony of witnesses, together with questions proposed by parties, and have this writing duly attested by witnesses.
Section 219, R.S. §123, empowered officer to require production of papers.
Section 220, R.S. §124, provided that taking of testimony might, if so stated in notice, be adjourned from day to day.
Section 221, R.S. §125, provided that notice to take depositions, with proof of service thereof, and a copy of the subpoena, where one has been served, be attached to depositions when completed.
Section 222, R.S. §126, provided that a copy of notice of contest and of answer of returned member, be prefixed to depositions taken and transmitted with them to Clerk of House of Representatives.
Section 223, R.S. §127; Mar. 2, 1875, ch. 119, §1, 18 Stat. 338; Mar. 2, 1887, ch. 318, 24 Stat. 445, covered procedure followed by Clerk of House of Representatives once the sealed testimony was forwarded to him by officer who took testimony.
Section 224, R.S. §128, fixed witness fees to be paid by party at whose instance witness was summoned.
Section 225, R.S. §129, provided that each officer employed pursuant to this chapter be entitled to receive from party who employed him, such fees as were allowed for similar services in State wherein such service was rendered.
Section 226, R.S. §130; Mar. 3, 1879, ch. 182, §1, 20 Stat. 400, limited payments of expenses to contestee or contestant to $2,000, and then, only upon filing of a detailed account of expenses with Clerk of Committee on Elections.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after December 5, 1969, see section 19 of Pub. L. 91–138, set out as an Effective Date note under section 381 of this title.
CHAPTER 8—FEDERAL CORRUPT PRACTICES
§§241 to 248. Repealed. Pub. L. 92–225, title IV, §405, Feb. 7, 1972, 86 Stat. 20
Sections, act Feb. 28, 1925, ch. 368, title III, §§302–309, 43 Stat. 1070–1073, provided for:
Section 241, amended Dec. 23, 1971, Pub. L. 92–220, §2, 85 Stat. 795, definitions;
Section 242, chairman and treasurer of political committees, duties as to contributions, and accounts and receipts;
Section 243, accounts of contributions received;
Section 244, statements by treasurer filed with Clerk of House of Representatives;
Section 245, statements by others than political committee filed with Clerk of House of Representatives;
Section 246, statements by candidates for Senator, Representative, Delegate, or Resident Commissioner filed with Secretary of Senate and Clerk of House of Representatives;
Section 247, statements: verification, preservation, and inspection; and
Section 248, limitation upon amount of expenditures by candidate.
Such former provisions are covered generally by chapter 301 (§30101 et seq.) of Title 52, Voting and Elections.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective 60 days after Feb. 7, 1972, see section 408 of Pub. L. 92–225, set out as an Effective Date note under section 30101 of Title 52, Voting and Elections.
§§249 to 251. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948
Section 249, act Feb. 28, 1925, ch. 368, title III, §310, 43 Stat. 1073, related to promises or pledges by candidates. See section 599 of Title 18, Crimes and Criminal Procedure.
Section 250, act Feb. 28, 1925, ch. 368, title III, §311, 43 Stat. 1073, related to expenditures to influence voting. See section 597 of Title 18.
Section 251, acts Feb. 28, 1925, ch. 368, title III, §313, 43 Stat. 1074; June 25, 1943, ch. 144, §9, 57 Stat. 167; June 23, 1947, ch. 120, title III, §304, 61 Stat. 159, related to political contributions by national banks, corporations, or labor unions. See section 30118 of Title 52, Voting and Elections.
§§252 to 256. Repealed. Pub. L. 92–225, title IV, §405, Feb. 7, 1972, 86 Stat. 20
Sections 252 to 255, act Feb. 28, 1925, ch. 368, title III, §§314–317, 43 Stat. 1074, provided for general penalties for violations, expenses of election contests, no effect on State laws, and partial invalidity.
Section 256, act Feb. 28, 1925, ch. 368, title III, §301, 43 Stat. 1070, provided for citation of act Feb. 28, 1925, as the "Federal Corrupt Practices Act".
Such former provisions are covered generally by chapter 301 (§30101 et seq.) of Title 52, Voting and Elections.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective 60 days after Feb. 7, 1972, see section 408 of Pub. L. 92–225, set out as an Effective Date note under section 30101 of Title 52, Voting and Elections.
CHAPTER 8A—REGULATION OF LOBBYING
§§261 to 270. Repealed. Pub. L. 104–65, §11(a), Dec. 19, 1995, 109 Stat. 701
Section 261, act Aug. 2, 1946, ch. 753, title III, §302, 60 Stat. 839, defined terms used in this chapter.
Section 262, act Aug. 2, 1946, ch. 753, title III, §303, 60 Stat. 840, related to detailed accounts of contributions and retention of receipted bills of expenditures.
Section 263, act Aug. 2, 1946, ch. 753, title III, §304, 60 Stat. 840, required receipts for contributions.
Section 264, act Aug. 2, 1946, ch. 753, title III, §305, 60 Stat. 840, required filing of statements of accounts with Clerk of House.
Section 265, act Aug. 2, 1946, ch. 753, title III, §306, 60 Stat. 841, related to proper filing and preservation of statements filed with Clerk of House.
Section 266, act Aug. 2, 1946, ch. 753, title III, §307, 60 Stat. 841, related to persons to whom chapter was applicable.
Section 267, act Aug. 2, 1946, ch. 753, title III, §308, 60 Stat. 841, related to registration of lobbyists with Secretary of Senate and Clerk of House and required compilation of information required.
Section 268, act Aug. 2, 1946, ch. 753, title III, §309, 60 Stat. 842, required that reports and statements be made under oath.
Section 269, act Aug. 2, 1946, ch. 753, title III, §310, 60 Stat. 842, related to penalties and prohibitions for violations of this chapter.
Section 270, act Aug. 2, 1946, ch. 753, title III, §311, 60 Stat. 842, related to exemptions from this chapter.
For provisions relating to disclosure of lobbying activities to influence the Federal Government, see section 1601 et seq. of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of this title.
Short Title
Act Aug. 2, 1946, title III, §301, 60 Stat. 839, provided that title III of act Aug. 2, 1946 (enacting this chapter), could be cited as the "Federal Regulation of Lobbying Act", prior to repeal by Pub. L. 104–65, §11(a), Dec. 19, 1995, 109 Stat. 701.
CHAPTER 9—OFFICE OF LEGISLATIVE COUNSEL
SUBCHAPTER I—SENATE
SUBCHAPTER II—HOUSE OF REPRESENTATIVES
Part I—Purpose, Policy, and Function
Part II—Administration
Statutory Notes and Related Subsidiaries
Change of Name
Act June 2, 1924, ch. 234, §1101, 43 Stat. 353, classified to sections 271 to 277 of this title, changed legislative drafting service to office of the legislative counsel, and draftsman to legislative counsel.
SUBCHAPTER I—SENATE
§271. Establishment
There shall be in the Senate an office to be known as the Office of the Legislative Counsel, and to be under the direction of the Legislative Counsel of the Senate.
(Feb. 24, 1919, ch. 18, title XIII, §1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, title XI, §1101, 43 Stat. 353.)
Editorial Notes
Codification
As originally enacted, section provided for creation of an office of the legislative counsel to be under the direction of two legislative counsels. In view of nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531 of Pub. L. 91–510, set out as a note under section 281 of this title, section has been revised to limit applicability to Senate and creation therein of Office of Legislative Counsel. See section 281 of this title for provisions establishing Office of the Legislative Counsel for the House of Representatives and section 282 of this title for provisions vesting management, etc., in the Legislative Counsel.
Statutory Notes and Related Subsidiaries
Short Title of 2025 Amendment
Pub. L. 118–263, §1, Jan. 4, 2025, 138 Stat. 2978, provided that: "This Act [amending section 282a of this title] may be cited as the 'House Office of Legislative Counsel Modernization Act'."
Appropriations
Act Aug. 2, 1946, ch. 753, §204, 60 Stat. 837, provided: "There is hereby authorized to be appropriated for the work of the Office of the Legislative Counsel the following sums:
"(1) For the fiscal year ending June 30, 1947, $150,000;
"(2) For the fiscal year ending June 30, 1948, $200,000;
"(3) For the fiscal year ending June 30, 1949, $250,000;
"(4) For the fiscal year ending June 30, 1950, $250,000; and
"(5) For each fiscal year thereafter such sums as may be necessary to carry on the work of the Office."
[Section 204 of act Aug. 2, 1946, set out above, was made effective Aug. 2, 1946, by section 245 of act Aug. 2, 1946, set out as a note under section 4301 of this title.]
§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, title XIII, §1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, title XI, §1101, 43 Stat. 353; Sept. 20, 1941, ch. 412, title VI, §602, 55 Stat. 726.)
Editorial Notes
Codification
Provisions authorizing appointment of a legislative counsel for the House of Representatives by the Speaker were omitted in view of nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531 of Pub. L. 91–510, set out as a note under section 281 of this title. See section 282 of this title for provisions authorizing appointment, etc., of Legislative Counsel of the House of Representatives.
Amendments
1941—Act Sept. 20, 1941, substituted "President pro tempore of the Senate" for "President of the Senate."
§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, title XIII, §1303(d), as added June 2, 1924, ch. 234, title XI, §1101, 43 Stat. 353; amended June 18, 1940, ch. 396, §1, 54 Stat. 472; Sept. 20, 1941, ch. 412, title VI, §602, 55 Stat. 726; Oct. 15, 1949, ch. 695, §6(c), 63 Stat. 881; Aug. 5, 1955, ch. 568, §§9, 101, 69 Stat. 509, 514; Pub. L. 85–75, July 1, 1957, 71 Stat. 250; Pub. L. 88–426, title II, §203(g), Aug. 14, 1964, 78 Stat. 415; Pub. L. 93–371, §4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94–59, title I, §105, July 25, 1975, 89 Stat. 275; Pub. L. 116–94, div. E, title II, §212(a)(3)(A), (H), Dec. 20, 2019, 133 Stat. 2775, 2776.)
Editorial Notes
Codification
Provisions setting forth authority for the allocation of the positions of legislative counsel to the appropriate grade in the compensation schedules of section 1112 of former Title 5 and the setting of rates of compensation thereunder by the President pro tempore of the Senate and the Speaker of the House of Representatives and prescribing the annual rate of compensation of the Legislative Counsel of the House of Representatives as an amount equal to $15,000, increased by an amount which is the same percentage of $15,000 as the percentage set forth in section 4(c) of the Federal Employees Salary Increase Act of 1955 were omitted in view of nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531 of Pub. L. 91–510, set out as a note under section 281 of this title. See section 282b of this title for provisions setting forth compensation of Legislative Counsel of House of Representatives.
Amendments
2019—Pub. L. 116–94, §212(a)(3)(H), repealed Pub. L. 88–426, §203(g). See 1964 Amendment note below.
Pub. L. 116–94, §212(a)(3)(A), repealed Pub. L. 94–59, §105. See 1975 Amendment note below.
1975—Pub. L. 94–59, which substituted "an annual rate of compensation of $40,000" for "a gross annual compensation of $38,760 per annum" as the rate of compensation of the Legislative Counsel of the Senate, effective July 1, 1975, was repealed by Pub. L. 116–94, §212(a)(3)(A). See above.
1974—Pub. L. 93–371 substituted provisions authorizing the Legislative Counsel of the Senate to be paid at an annual rate of compensation of $38,760, for provisions setting forth the gross annual compensation of the Legislative Counsel as $27,500 per annum, effective July 1, 1974.
1964—Pub. L. 88–426, which provided that the compensation of the Legislative Counsel of the Senate shall be at the rate of $27,500 per annum, was repealed by Pub. L. 116–94, §212(a)(3)(H). See above.
1957—Pub. L. 85–75 increased the gross compensation of the Legislative Counsel of the Senate from $15,500 to $17,500 per annum, effective July 1, 1957.
1955—Act Aug. 5, 1955, increased the compensation of the Legislative Counsel of the Senate from a basic compensation of $12,000, to a gross annual compensation of $15,500, and the compensation of the Legislative Counsel of the House was increased from a basic compensation of $12,000 to an annual rate of compensation of $15,000 increased by the percentage set forth in section 4(c) of the Federal Employees Salary Increase Act of 1955.
1949—Act Oct. 15, 1949, increased the compensation of the Legislative Counsel of both House and the Senate from $10,000 to $12,000 per annum.
1941—Act Sept. 20, 1941, substituted "President pro tempore of the Senate" for "President of the Senate".
1940—Act June 18, 1940, provided that thereafter the compensation of the Legislative Counsel of the Senate shall be at the rate of $10,000 per annum so long as the present incumbent held the position.
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.
Effective Date of 1974 Amendment
Pub. L. 93–371, §4, Aug. 13, 1974, 88 Stat. 429, provided in part that: "This paragraph [referred to here as section 4 of Pub. L. 93–371, see Tables for classification] is effective July 1, 1974."
Effective Date of 1949 Amendment
Act Oct. 15, 1949, ch. 695, §9, 63 Stat. 882, provided that: "This Act shall take effect on the first day of the first pay period which begins after the date of enactment of this Act [Oct. 15, 1949]."
Repeals
Act Mar. 10, 1928, ch. 167, §23(a), 45 Stat. 279, formerly cited as a credit to this section, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 647.
1974 Adjustment in Compensation Not To Supersede Adjustments in Compensation or Limitations by President Pro Tempore of the Senate
Pub. L. 93–371, §4, Aug. 13, 1974, 88 Stat. 429, eff. July 1, 1974, provided in part that: "This paragraph does not supersede (1) any provision of an order of the President pro tempore of the Senate authorizing a higher rate of compensation, and (2) any authority of the President pro tempore to adjust rates of compensation or limitations referred to in this paragraph under section 4 of the Federal Pay Comparability Act of 1970 [2 U.S.C. 4571]."
Increases in Compensation
Increases in compensation for officers and employees of the Senate under authority of the Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of the President pro tempore of the Senate, set out as notes under section 4571 of this title.
§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, title XIII, §1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, title XI, §1101, 43 Stat. 353; Sept. 20, 1941, ch. 412, title VI, §602, 55 Stat. 726.)
Editorial Notes
Codification
As originally enacted, section also provided for legislative counsel of House of Representatives, subject to approval of Speaker, to employ and fix the compensation of assistant counsel, clerks, etc. In view of nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531 of Pub. L. 91–510, set out as a note under section 281 of this title, section has been revised to limit applicability to authority of Legislative Counsel of the Senate. See section 282a et seq. of this title for provisions relating to appointment of staff, etc., for Office of Legislative Counsel of the House of Representatives.
Amendments
1941—Act Sept. 20, 1941, substituted "President pro tempore of the Senate" for "President of the Senate".
Statutory Notes and Related Subsidiaries
Designation of Deputy Legislative Counsel
Pub. L. 106–57, title I, §6, Sept. 29, 1999, 113 Stat. 412, provided that: "The Legislative Counsel may, subject to the approval of the President pro tempore of the Senate, designate one of the Senior Counsels appointed under section 102 of the Legislative Branch Appropriation Act, 1979 (2 U.S.C. 274 note; Public Law 95–391; 92 Stat. 771) as Deputy Legislative Counsel. The Deputy Legislative Counsel shall perform the functions of the Legislative Counsel during the absence or disability of the Legislative Counsel, or when the office is vacant."
Senior Counsel
Pub. L. 85–75, July 1, 1957, 71 Stat. 251, provided in part that: "No more than three employees in the Office of the Legislative Counsel of the Senate may be designated as Senior Counsel, whose compensation shall be $15,500 gross per annum each."
Additional Senior Counsel
Pub. L. 95–391, title I, §102, Sept. 30, 1978, 92 Stat. 771, provided that: "Effective October 1, 1978, the number of employees in the Office of the Legislative Counsel of the Senate who may be designated as, and receive the compensation of, a Senior Counsel is increased to five."
Pub. L. 88–248, Dec. 30, 1963, 77 Stat. 804, provided in part: "That effective July 1, 1963, one additional employee in the Office of the Legislative Counsel of the Senate may be designated as Senior Counsel, and the compensation of the additional employee so designated shall be equal to the gross per annum rate presently authorized for other employees so designated."
Increases in Compensation of Four Senior Counsels
Pub. L. 94–59, title I, §105, July 25, 1975, 89 Stat. 275, eff. July 1, 1975, which provided in part that the four Senior Counsels in the Office of the Legislative Counsel of the Senate shall each be paid at an annual rate of compensation of $39,000, was repealed by Pub. L. 116–94, div. E, title II, §212(a)(3)(A), Dec. 20, 2019, 133 Stat. 2775.
Pub. L. 93–371, §4, Aug. 13, 1974, 88 Stat. 429, eff. July 1, 1974, provided in part that the four Senior Counsels in the Office of the Legislative Counsel of the Senate shall each be paid at an annual rate of compensation of $37,620.
1974 Adjustment in Compensation Not To Supersede Adjustments in Compensation or Limitations by President Pro Tempore of the Senate
Adjustment in compensation by Pub. L. 93–371 not to supersede order of President pro tempore of the Senate authorizing higher rate of compensation or any authority of the President pro tempore to adjust rates of compensation or limitations under section 4 of the Federal Pay Comparability Act of 1970, see section 4 of Pub. L. 93–371, set out in part as a note under section 273 of this title.
Increases in Compensation
Increases in compensation for officers and employees of the Senate under authority of the Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of the President pro tempore of the Senate, set out as notes under section 4571 of this title.
§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. The Legislative Counsel shall, from time to time, prescribe rules and regulations for the conduct of the work of the Office for the committees, subject to the approval of such Committee on Rules and Administration.
(Feb. 24, 1919, ch. 18, title XIII, §1303(b), (d), 40 Stat. 1141; June 2, 1924, ch. 234, title XI, §1101, 43 Stat. 353; Aug. 2, 1946, ch. 753, title I, §§102, 121, 60 Stat. 814, 822.)
Editorial Notes
Codification
Provisions setting forth functions of office of legislative counsel with respect to the House of Representatives and the committees thereof were omitted in view of nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531 of Pub. L. 91–510, set out as a note under section 281 of this title. See section 281b of this title for functions of Office of Legislative Counsel of House of Representatives.
Amendments
1946—Act Aug. 2, 1946, substituted "Committee on Rules and Administration" for "Library Committee of the Senate" and "Committee on House Administration" for "Library Committee of the House of Representatives".
Statutory Notes and Related Subsidiaries
Effective Date of 1946 Amendment
Act Aug. 2, 1946, ch. 753, title I, §142, 60 Stat. 834, provided that the amendment made by that act is effective Jan. 2, 1947.
§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, title XIII, §1303(c), (d), 40 Stat. 1142; June 2, 1924, ch. 234, title XI, §1101, 43 Stat. 353.)
Editorial Notes
Codification
As originally enacted, section provided for disbursement of one-half of appropriations for office of legislative counsel by Secretary of Senate and one-half by Clerk of House of Representatives. In view of nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531 of Pub. L. 91–510, set out as a note under section 281 of this title, section has been revised to limit application to Office of the Legislative Counsel of the Senate. See section 282c of this title for provisions relating to expenditures by Legislative Counsel of the House of Representatives.
§276a. Expenditures
With the approval of the President Pro Tempore of the Senate, the Legislative Counsel of the Senate may make such expenditures as may be necessary or appropriate for the functioning of the Office of the Legislative Counsel of the Senate.
(Pub. L. 98–51, title I, §105, July 14, 1983, 97 Stat. 267.)
Editorial Notes
Codification
Section was enacted as part of the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984, and not as part of section 1303 of act Feb. 24, 1919 which comprises this subchapter.
§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, title I, §106, July 14, 1983, 97 Stat. 267.)
Editorial Notes
Codification
Section was enacted as part of the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984, and not as part of section 1303 of act Feb. 24, 1919 which comprises this subchapter.
Section, as it relates to funds expended by the Senate Legal Counsel, is classified to section 288n of this title.
§277. Repealed. Pub. L. 93–191, §13, Dec. 18, 1973, 87 Stat. 746
Section, act Feb. 24, 1919, ch. 18, title XIII, §1303(d), as added June 2, 1924, ch. 234, title XI, §1101, 43 Stat. 353, provided for free transmission of official mail matter of legislative counsel. Official mail matter of Legislative Counsel of House of Representatives is covered by section 282d of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Dec. 18, 1973, see section 14 of Pub. L. 93–191, set out as an Effective Date of 1973 Amendment note under section 3210 of Title 39, Postal Service.
SUBCHAPTER II—HOUSE OF REPRESENTATIVES
Part I—Purpose, Policy, and Function
§281. Establishment
There is established in the House of Representatives an office to be known as the Office of the Legislative Counsel, referred to hereinafter in this subchapter as the "Office".
(Pub. L. 91–510, title V, §501, Oct. 26, 1970, 84 Stat. 1201.)
Statutory Notes and Related Subsidiaries
Effective Date
Subchapter effective Oct. 26, 1970, see section 601(5) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
Transfer of Functions; Nonapplicability of Sections 271 to 277 to the House
Pub. L. 91–510, title V, §531, Oct. 26, 1970, 84 Stat. 1203, provided that anyone serving as Legislative Counsel on Oct. 26, 1970 would continue as Legislative Counsel in accordance with this subchapter, and that all personnel, positions, property, records, and unexpended balances of appropriations of or for that part of the Office of the Legislative Counsel established under sections 271 to 277 of this title employed or held in or for the House of Representatives would be transferred to the Office established under this subchapter and, effective Oct. 26, 1970, those sections were without further appicability.
§281a. Purpose and policy
The purpose of the Office shall be to advise and assist the House of Representatives, and its committees and Members, in the achievement of a clear, faithful, and coherent expression of legislative policies. The Office shall maintain impartiality as to issues of legislative policy to be determined by the House of Representatives, and shall not advocate the adoption or rejection of any legislation except when duly requested by the Speaker or a committee to comment on a proposal directly affecting the functions of the Office. The Office shall maintain the attorney-client relationship with respect to all communications between it and any Member or committee of the House.
(Pub. L. 91–510, title V, §502, Oct. 26, 1970, 84 Stat. 1202.)
§281b. Functions
The functions of the Office shall be as follows:
(1) Upon request of the managers on the part of the House at any conference on the disagreeing votes of the two Houses, to advise and assist the managers on the part of the House in the course of the conference, and to assist the committee of conference in the preparation of the conference report and any accompanying explanatory statement.
(2) Upon request of any committee of the House, or any joint committee having authority to report legislation to the House, to advise and assist the committee in the consideration of any legislation before it, and to assist the committee in the preparation of drafts of any such legislation, amendments thereto, and reports thereon.
(3) Upon request of any Member having control of time during the consideration of any legislation by the House, to have in attendance on the floor of the House not more than two members of the staff of the Office (and, in his discretion, the Legislative Counsel) to advise and assist such Member and, to the extent feasible, any other Member, in the course of such consideration.
(4) Upon request of any Member, subject to such reasonable restrictions as the Legislative Counsel may impose with the approval of the Speaker on the proportion of the resources of the Office which may be devoted to the requests of any one Member, to prepare drafts of legislation and to furnish drafting advice with respect to drafts of legislation prepared by others.
(5) At the direction of the Speaker, to perform on behalf of the House of Representatives any legal services which are within the capabilities of the Office and the performance of which would not be inconsistent with the provisions of section 281a of this title or the preceding provisions of this section.
(Pub. L. 91–510, title V, §503, Oct. 26, 1970, 84 Stat. 1202.)
Part II—Administration
§282. Legislative Counsel
The management, supervision, and administration of the Office are vested in the Legislative Counsel, who shall be appointed by the Speaker of the House of Representatives without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed shall serve at the pleasure of the Speaker.
(Pub. L. 91–510, title V, §521, Oct. 26, 1970, 84 Stat. 1202.)
§282a. Staff; Deputy Legislative Counsel; delegation of functions
(a) With the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker, the Legislative Counsel shall appoint such attorneys and other employees as may be necessary for the prompt and efficient performance of the functions of the Office. Any such appointment shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed may be removed by the Legislative Counsel with the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker.
(b)(1) The Legislative Counsel shall designate one or more of the attorneys appointed under subsection (a) as a Deputy Legislative Counsel. During the absence or disability of the Legislative Counsel, or when the office is vacant, the functions of the Legislative Counsel shall be performed by a Deputy Legislative Counsel. If there is more than one Deputy Legislative Counsel, the Deputy Legislative Counsel who shall perform such functions shall be determined in accordance with the order specified in a notice filed with the Speaker and the Minority Leader of the House by the Legislative Counsel.
(2) The Legislative Counsel may delegate to the Deputy Legislative Counsels and to other employees appointed under subsection (a) such of his functions as he considers necessary or appropriate.
(Pub. L. 91–510, title V, §522, Oct. 26, 1970, 84 Stat. 1203; Pub. L. 92–51, §101, July 9, 1971, 85 Stat. 132; Pub. L. 118–263, §2, Jan. 4, 2025, 138 Stat. 2978.)
Editorial Notes
Amendments
2025—Subsec. (b)(1). Pub. L. 118–263, §2(a), substituted "The Legislative Counsel shall designate one or more of the attorneys appointed under subsection (a) as a Deputy Legislative Counsel." for "One of the attorneys appointed under subsection (a) shall be designated by the Legislative Counsel as Deputy Legislative Counsel." and "the functions of the Legislative Counsel shall be performed by a Deputy Legislative Counsel. If there is more than one Deputy Legislative Counsel, the Deputy Legislative Counsel who shall perform such functions shall be determined in accordance with the order specified in a notice filed with the Speaker and the Minority Leader of the House by the Legislative Counsel." for "the Deputy Legislative Counsel shall perform the functions of the Legislative Counsel."
Subsec. (b)(2). Pub. L. 118–263, §2(b), substituted "Deputy Legislative Counsels" for "Deputy Legislative Counsel".
1971—Subsec. (b). Pub. L. 92–51 substituted provisions for designation of one attorney as Deputy Legislative Counsel to perform functions of Legislative Counsel during his absence or disability or when office is vacant and for delegation of functions to Deputy Legislative Counsel and other employees for former provisions for appointment of full-time Office Administrator to exercise management, supervisory, and administrative functions of the Office as delegated to him by the Legislative Counsel.
§282b. Compensation
(a) The Legislative Counsel shall be paid at a per annum gross rate equal to the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title.
(b) Members of the staff of the Office other than the Legislative Counsel shall be paid at per annum gross rates fixed by the Legislative Counsel with the approval of the Speaker or in accordance with policies approved by the Speaker, but not in excess of the applicable rate of pay in effect under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title.
(Pub. L. 91–510, title V, §523, Oct. 26, 1970, 84 Stat. 1203; Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668; Pub. L. 116–94, div. E, title II, §212(b)(3)(A), Dec. 20, 2019, 133 Stat. 2776.)
Editorial Notes
Codification
Amendment by Pub. L. 95–94 is based on par. (2) of House Resolution No. 8, Ninety-fifth Congress, Jan. 4, 1977, which was enacted into permanent law by Pub. L. 95–94.
Prior Provisions
House Resolution 312, 89th Congress, Mar. 31, 1965, which was enacted into permanent law by section 103 of Pub. L. 89–90, July 27, 1965, 79 Stat. 281, provided that effective Apr. 1, 1965, the compensation of the Legislative Counsel of the House of Representatives shall be at a gross per annum rate which is equal to the gross per annum rate of compensation of the Legislative Counsel of the Senate, and that the additional sums necessary to carry out this resolution shall be paid out of the contingent fund of the House until otherwise provided by law.
Amendments
2019—Subsec. (a). Pub. L. 116–94, §212(b)(3)(A)(i), substituted "equal to the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title." for "equal to the rate of basic pay, as in effect from time to time, for level III of the Executive Schedule of section 5314 of title 5."
Subsec. (b). Pub. L. 116–94, §212(b)(3)(A)(ii), substituted "in excess of the applicable rate of pay in effect under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title." for "in excess of the rate of basic pay for one pay level above the maximum pay level for employees of the House of Representatives provided under clause 6(c) of Rule XI of the Rules of the House of Representatives."
1977—Subsec. (b). Pub. L. 95–94 substituted provisions authorizing compensation at a rate not in excess of the rate of basic pay for one pay level above the maximum pay level for House employees provided under cl. 6(c) of Rule XI of the Rules of the House of Representatives, for provisions authorizing compensation at per annum gross rates not in excess of a per annum gross rate equal to the rate of basic pay for level V of the Executive Schedule of section 5316 of title 5.
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Pub. L. 116–94, div. E, title II, §212(c), Dec. 20, 2019, 133 Stat. 2778, provided that: "This section [see Tables for classification] and the amendments made by this section shall take effect on the later of—
"(1) the first day of the first applicable pay period beginning on or after January 1, 2020; or
"(2) the first day of the first applicable pay period beginning on or after the date of enactment of this Act [Dec. 20, 2019]."
Increases in Compensation
Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of Speaker of the House, set out as notes under those sections.
§282c. Expenditures
In accordance with policies and procedures approved by the Speaker, the Legislative Counsel may make such expenditures as may be necessary or appropriate for the functioning of the Office.
(Pub. L. 91–510, title V, §524, Oct. 26, 1970, 84 Stat. 1203.)
§282d. Official mail matter
The Legislative Counsel may send the official mail matter of the Office as franked mail under section 3210 of title 39.
(Pub. L. 91–510, title V, §525, Oct. 26, 1970, 84 Stat. 1203; Pub. L. 92–51, §101, July 9, 1971, 85 Stat. 132.)
Editorial Notes
Amendments
1971—Pub. L. 92–51 substituted provision for Legislative Counsel to send official mail matter of the Office as franked mail under section 3210 of title 39, for former provision granting the Office the same privilege of free transmission of official mail matter as other offices of the United States Government.
§282e. Authorization of appropriations
There are authorized to be appropriated, for the fiscal year ending June 30, 1971, and for each fiscal year thereafter, such sums as may be necessary to carry out this subchapter and to increase the efficiency of the Office and the quality of the services which it provides.
(Pub. L. 91–510, title V, §526, Oct. 26, 1970, 84 Stat. 1203.)
CHAPTER 9A—OFFICE OF LAW REVISION COUNSEL
§285. Establishment
There is established in the House of Representatives an office to be known as the Office of the Law Revision Counsel, referred to hereinafter in this chapter as the "Office".
(Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777.)
Editorial Notes
Codification
Section is based on section 205(a) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777, provided that the enactment of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, into permanent law is effective on Jan. 2, 1975. This chapter is derived from enactment into permanent law of section 205 of House Resolution No. 988.
§285a. Purpose and policy
The principal purpose of the Office shall be to develop and keep current an official and positive codification of the laws of the United States. The Office shall maintain impartiality as to issues of legislative policy to be determined by the House.
(Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777.)
Editorial Notes
Codification
Section is based on section 205(b) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554.
§285b. Functions
The functions of the Office shall be as follows:
(1) To prepare, and submit to the Committee on the Judiciary one title at a time, a complete compilation, restatement, and revision of the general and permanent laws of the United States which conforms to the understood policy, intent, and purpose of the Congress in the original enactments, with such amendments and corrections as will remove ambiguities, contradictions, and other imperfections both of substance and of form, separately stated, with a view to the enactment of each title as positive law.
(2) To examine periodically all of the public laws enacted by the Congress and submit to the Committee on the Judiciary recommendations for the repeal of obsolete, superfluous, and superseded provisions contained therein.
(3) To prepare and publish periodically a new edition of the United States Code (including those titles which are not yet enacted into positive law as well as those titles which have been so enacted), with annual cumulative supplements reflecting newly enacted laws.
(4) To classify newly enacted provisions of law to their proper positions in the Code where the titles involved have not yet been enacted into positive law.
(5) To prepare and submit periodically such revisions in the titles of the Code which have been enacted into positive law as may be necessary to keep such titles current.
(6) To prepare and publish periodically new editions of the District of Columbia Code, with annual cumulative supplements reflecting newly enacted laws, through publication of the fifth annual cumulative supplement to the 1973 edition of such Code.
(7) To provide the Committee on the Judiciary with such advice and assistance as the committee may request in carrying out its functions with respect to the revision and codification of the Federal statutes.
(Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 94–386, §1, Aug. 14, 1976, 90 Stat. 1170.)
Editorial Notes
Codification
Section is based on section 205(c) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554.
Amendments
1976—Par. (6). Pub. L. 94–386 substituted "through publication of the fifth annual cumulative supplement to the 1973 edition of such Code" for "until such time as the District of Columbia Self–Government and Governmental Reorganization Act becomes effective".
Statutory Notes and Related Subsidiaries
Preparation and Publication of District of Columbia Code Under Direction of Council of the District of Columbia
Pub. L. 94–386, §2, Aug. 14, 1976, 90 Stat. 1170, provided that:
"(a) After publication by the Law Revision Counsel of the fifth annual cumulative supplement to the 1973 edition of the District of Columbia Code, new editions of the District of Columbia Code (and annual cumulative supplements thereto) shall be prepared and published under the direction of the Council of the District of Columbia and shall set forth the general and permanent laws relating to or in force in the District of Columbia, whether enacted by the Congress or by the Council of the District of Columbia, except such laws as are of application in the District of Columbia by reason of being laws of the United States general and permanent in nature.
"(b) After completion of the printing of the fifth annual cumulative supplement to the 1973 edition of the District of Columbia Code, the Public Printer [now Director of the Government Publishing Office] shall, as the Council of the District of Columbia may request, either—
"(1) furnish to the Council of the District of Columbia, on such terms as the Public Printer [now Director of the Government Publishing Office] (in consultation with the Joint Committee on Printing) deems appropriate, the type used in preparing the 1973 edition of the District of Columbia Code and the fifth annual cumulative supplement to such edition; or
"(2) make such arrangements with the Council of the District of Columbia as the Public Printer [now Director of the Government Publishing Office] (in consultation with the Joint Committee on Printing) deems appropriate for the printing by the Government Printing Office [now Government Publishing Office] of future editions of the District of Columbia Code, and annual cumulative supplements thereto, prepared under the direction of the Council of the District of Columbia."
§285c. Law Revision Counsel
The management, supervision, and administration of the Office are vested in the Law Revision Counsel, who shall be appointed by the Speaker without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed shall serve at the pleasure of the Speaker.
(Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777.)
Editorial Notes
Codification
Section is based on section 205(d) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554.
§285d. Staff; Deputy Law Revision Counsel; delegation of functions
(1) With the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker, the Law Revision Counsel shall appoint such employees as may be necessary for the prompt and efficient performance of the functions of the Office. Any such appointment shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed may be removed by the Law Revision Counsel with the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker.
(2)(A) One of the employees appointed under paragraph (1) shall be designated by the Law Revision Counsel as Deputy Law Revision Counsel. During the absence or disability of the Law Revision Counsel, or when the office is vacant, the Deputy Law Revision Counsel shall perform the functions of the Law Revision Counsel.
(B) The Law Revision Counsel may delegate to the Deputy Law Revision Counsel and to other employees appointed under paragraph (1) such of his or her functions as he or she considers necessary or appropriate.
(Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777.)
Editorial Notes
Codification
Section is based on section 205(e) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554.
§285e. Compensation
The Law Revision Counsel shall be paid at a per annum gross rate determined by the Speaker not to exceed the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker pursuant to the authority of section 4532 of this title; and members of the staff of the Office other than the Law Revision Counsel shall be paid at per annum gross rates fixed by the Law Revision Counsel with the approval of the Speaker or in accordance with policies approved by the Speaker, but not in excess of the applicable rate of pay in effect under an order issued by the Speaker pursuant to the authority of such section.
(Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 116–94, div. E, title II, §212(b)(3)(B), Dec. 20, 2019, 133 Stat. 2777.)
Editorial Notes
Codification
Section is based on section 205(f) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554.
Amendments
2019—Pub. L. 116–94 substituted "Law Revision Counsel shall be paid at a per annum gross rate determined by the Speaker not to exceed the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker pursuant to the authority of section 4532 of this title; and members of the staff of the Office other than the Law Revision Counsel shall be paid at per annum gross rates fixed by the Law Revision Counsel with the approval of the Speaker or in accordance with policies approved by the Speaker, but not in excess of the applicable rate of pay in effect under an order issued by the Speaker pursuant to the authority of such section." for "Law Revision Counsel shall be paid at a per annum gross rate not to exceed level IV of the Executive Schedule of section 5315 of title 5; and members of the staff of the Office other than the Law Revision Counsel shall be paid at per annum gross rates fixed by the Law Revision Counsel with the approval of the Speaker or in accordance with policies approved by the Speaker, but not in excess of a per annum gross rate equal to level V of such schedule."
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.
Increases in Compensation
Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of Speaker of the House, set out as notes under those sections.
§285f. Expenditures
In accordance with policies and procedures approved by the Speaker, the Law Revision Counsel is authorized to make such expenditures as may be necessary or appropriate for the functioning of the Office.
(Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777.)
Editorial Notes
Codification
Section is based on section 205(g) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554.
§285g. Availability of applicable accounts of House
Until such time as funds are appropriated by law to carry out the purpose of this chapter, the applicable accounts of the House of Representatives shall be available for such purpose.
(Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 104–186, title II, §207, Aug. 20, 1996, 110 Stat. 1742.)
Editorial Notes
Codification
Section is based on section 205(h) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554.
Amendments
1996—Pub. L. 104–186 substituted "applicable accounts of the House of Representatives" for "contingent fund of the House".
CHAPTER 9B—LEGISLATIVE CLASSIFICATION OFFICE
§§286 to 286g. Repealed. Pub. L. 104–186, title II, §208, Aug. 20, 1996, 110 Stat. 1742
Section 286, based on H. Res. No. 988, §203(a), Ninety-third Congress, Oct. 8, 1974, enacted into permanent law by Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777, established Legislative Classification Office in House of Representatives.
Section 286a, based on H. Res. No. 988, §203(b), Ninety-third Congress, Oct. 8, 1974, enacted into permanent law by Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777, related to purpose and policy of Legislative Classification Office.
Section 286b, based on H. Res. No. 988, §203(c), Ninety-third Congress, Oct. 8, 1974, enacted into permanent law by Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777, related to functions of Legislative Classification Office.
Section 286c, based on H. Res. No. 988, §203(d), Ninety-third Congress, Oct. 8, 1974, enacted into permanent law by Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777, related to functions and appointment of Staff Director of Legislative Classification Office.
Section 286d, based on H. Res. No. 988, §203(e), Ninety-third Congress, Oct. 8, 1974, enacted into permanent law by Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777, related to appointment of staff, Deputy Staff Director, and delegation of functions of Legislative Classification Office.
Section 286e, based on H. Res. No. 988, §203(f), Ninety-third Congress, Oct. 8, 1974, enacted into permanent law by Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777, related to compensation of Staff Director and staff of Legislative Classification Office.
Section 286f, based on H. Res. No. 988, §203(g), Ninety-third Congress, Oct. 8, 1974, enacted into permanent law by Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777, related to expenditures of Legislative Classification Office.
Section 286g, based on H. Res. No. 988, §203(h), Ninety-third Congress, Oct. 8, 1974, enacted into permanent law by Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777, provided that contingent fund of House was available to carry out this chapter.
CHAPTER 9C—OFFICE OF PARLIAMENTARIAN OF HOUSE OF REPRESENTATIVES
§287. Establishment
There is hereby established in the House of Representatives an office to be known as the Office of the Parliamentarian, hereinafter in this chapter referred to as the "Office".
(Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668.)
Editorial Notes
Codification
Section is based on section 1 of House Resolution No. 502, Ninety-fifth Congress, Apr. 20, 1977, which was enacted into permanent law by Pub. L. 95–94.
Statutory Notes and Related Subsidiaries
Effective Date
Section 6 of House Resolution No. 502, Apr. 20, 1977, as enacted into permanent law by section 115 of Pub. L. 95–94, provided that: "This resolution [this chapter] shall take effect as of March 1, 1977, and shall continue in effect until otherwise provided by law."
§287a. Parliamentarian
The management, supervision, and administration of the Office shall be vested in the Parliamentarian, who shall be appointed by the Speaker of the House of Representatives without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed shall serve at the pleasure of the Speaker.
(Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668.)
Editorial Notes
Codification
Section is based on section 2 of House Resolution No. 502, Ninety-fifth Congress, Apr. 20, 1977, which was enacted into permanent law by Pub. L. 95–94.
§287b. Staff; Deputy Parliamentarian; delegation of functions
(a) With the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker, the Parliamentarian shall appoint such attorneys and other employees as may be necessary for the prompt and efficient performance of the functions of the Office. Any such appointment shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed may be removed by the Parliamentarian with the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker.
(b)(1) One of the attorneys appointed under subsection (a) of this section shall be designated by the Parliamentarian as Deputy Parliamentarian. During the absence or disability of the Parliamentarian, or when the office is vacant, the Deputy Parliamentarian shall perform the functions of the Parliamentarian.
(2) The Parliamentarian may delegate to the Deputy Parliamentarian and to other employees appointed under subsection (a) of this section such of the functions of the Parliamentarian as the Parliamentarian considers necessary or appropriate.
(Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668.)
Editorial Notes
Codification
Section is based on section 3 of House Resolution No. 502, Ninety-fifth Congress, Apr. 20, 1977, which was enacted into permanent law by Pub. L. 95–94.
§287c. Compensation
(a) The Parliamentarian shall be paid at a per annum gross rate established by the Speaker but not in excess of the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title.
(b) Members of the staff of the Office other than the Parliamentarian shall be paid at per annum gross rates fixed by the Parliamentarian with the approval of the Speaker or in accordance with policies approved by the Speaker but not in excess of the applicable rate of pay in effect under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title.
(Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668; Pub. L. 116–94, div. E, title II, §212(b)(3)(C), Dec. 20, 2019, 133 Stat. 2777.)
Editorial Notes
Codification
Section is based on section 4 of House Resolution No. 502, Ninety-fifth Congress, Apr. 20, 1977, which was enacted into permanent law by Pub. L. 95–94.
Prior Provisions
House Resolution No. 904, Eighty-eighth Congress, Oct. 3, 1964, provided: "That effective January 1, 1965, the salary of the Parliamentarian of the House of Representatives shall be at the gross rate of $28,500. The additional sums necessary to carry out this resolution shall be paid out of the contingent fund of the House until otherwise provided by law."
Amendments
2019—Subsec. (a). Pub. L. 116–94, §212(b)(3)(C)(i), substituted "but not in excess of the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title." for "but not in excess of the rate of basic pay determined from time to time under subsection (b) of section 3 of the Speaker's salary directive of June 11, 1968."
Subsec. (b). Pub. L. 116–94, §212(b)(3)(C)(ii), substituted "but not in excess of the applicable rate of pay in effect under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title" for ", but not in excess of the rate of basic pay set forth in subsection (a) of this section".
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.
Increases in Compensation
Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of Speaker of the House, set out as notes under those sections.
§287d. Expenditures
In accordance with policies and procedures approved by the Speaker, the Parliamentarian may make such expenditures as may be necessary or appropriate for the functioning of the Office.
(Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668.)
Editorial Notes
Codification
Section is based on section 5 of House Resolution No. 502, Ninety-fifth Congress, Apr. 20, 1977, which was enacted into permanent law by Pub. L. 95–94.
CHAPTER 9D—OFFICE OF SENATE LEGAL COUNSEL
§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.
(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. Any selection made under this paragraph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any individual selected as an Assistant Counsel shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during his term of service. The Counsel may remove any individual appointed under this paragraph.
(2) For purposes of pay (other than the rate of pay of the Counsel and Deputy Counsel) and employment benefits, right, and privileges, all personnel of the Office shall be treated as employees of the Senate.
(c) Consultants
In carrying out the functions of the Office, the Counsel may procure the temporary (not to exceed one year) or intermittent services of individual consultants (including outside counsel), or organizations thereof, in the same manner and under the same conditions as a standing committee of the Senate may procure such services under section 4301(i) of this title.
(d) Policies and procedures
The Counsel may establish such policies and procedures as may be necessary to carry out the provisions of this chapter.
(e) Delegation of duties
The counsel 1 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, §701, Oct. 26, 1978, 92 Stat. 1875; Pub. L. 116–94, div. E, title II, §212(a)(3)(I), Dec. 20, 2019, 133 Stat. 2776.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (b)(1), (d), and (e), was in the original "this title", meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
Amendments
2019—Subsec. (a)(4). Pub. L. 116–94, §212(a)(3)(I)(i), struck out par. (4) which read as follows: "The Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level III of the Executive Schedule under section 5314 of title 5. The Deputy Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5."
Subsec. (b)(1). Pub. L. 116–94, §212(a)(3)(I)(ii), struck out "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." before "Any selection".
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.
Effective Date
Pub. L. 95–521, title VII, §717, Oct. 26, 1978, 92 Stat. 1885, provided that: "This title [enacting this chapter, section 5504 of this title, section 1364 of Title 28, Judiciary and Judicial Procedure, amending sections 3210, 3216, and 3219 of Title 39, Postal Service, and enacting provisions set out as notes under this section] shall take effect on January 3, 1979."
Separability
Pub. L. 95–521, title VII, §715, Oct. 26, 1978, 92 Stat. 1884, provided that: "If any part of this title or any amendment made by this title [enacting this chapter, section 5504 of this title, section 1364 of Title 28, Judiciary and Judicial Procedure, amending sections 3210, 3216, and 3219 of Title 39, Postal Service, and enacting provisions set out as notes under this section] is held invalid, the remainder of the title and any amendment made by this title shall not be affected thereby. If any provision of any part of this title or of any amendment made by this title, or the application thereof to any person or circumstance is held invalid, the provisions of other parts and of any amendment made by this title and their application to other persons or circumstances shall not be affected thereby."
Increases in Compensation
Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.
1 So in original. Probably should be capitalized.
§288a. Senate Joint Leadership Group
(a) Accountability of Office
The Office shall be directly accountable to the Joint Leadership Group in the performance of the duties of the Office.
(b) Membership
For purposes of this chapter, the Joint Leadership Group shall consist of the following Members:
(1) The President pro tempore (or if he so designates, the Deputy President pro tempore) of the Senate.
(2) The majority and minority leaders of the Senate.
(3) The Chairman and ranking minority Member of the Committee on the Judiciary of the Senate.
(4) The Chairman and ranking minority Member of the committee of the Senate which has jurisdiction over the contingent fund of the Senate.
(c) Assistance of Secretary of Senate
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, §702, Oct. 26, 1978, 92 Stat. 1877.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this title", meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
§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
The Office shall make no recommendation with respect to the consideration of a resolution under this section.
(Pub. L. 95–521, title VII, §703, Oct. 26, 1978, 92 Stat. 1877.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
§288c. Defending the Senate, committee, subcommittee, member, officer, or employee of Senate
(a) Except as otherwise provided in subsection (b), when directed to do so pursuant to section 288b(a) of this title, the Counsel shall—
(1) defend the Senate, a committee, subcommittee, Member, officer, or employee of the Senate in any civil action pending in any court of the United States or of a State or political subdivision thereof, in which the Senate, such committee, subcommittee, Member, officer, or employee is made a party defendant and in which there is placed in issue the validity of any proceeding of, or action, including issuance of any 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) shall be undertaken by the Counsel only upon the consent of such Member, officer, or employee.
(Pub. L. 95–521, title VII, §704, Oct. 26, 1978, 92 Stat. 1877.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
§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) 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) 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.
(d) Rules of Senate
The provisions of subsection (c) 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) 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, §705, Oct. 26, 1978, 92 Stat. 1878; Pub. L. 99–336, §6(a)(2), June 19, 1986, 100 Stat. 639.)
Editorial Notes
Codification
Subsec. (f) of this section amended title 28 by adding section 1364 and by adding item 1364 to the chapter analysis.
Amendments
1986—Subsec. (a). Pub. L. 99–336 substituted "section 1365 of title 28" for "section 1364 of title 28".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
§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) is in the interest of the Senate. Such notification shall contain a description of the legal action or proceeding together with the reasons that the Counsel is of the opinion that intervention or appearance as amicus curiae is in the interest of the Senate. The Joint Leadership Group shall cause said notification to be published in the Congressional Record for the Senate.
(c) Powers and responsibilities of Congress
The Counsel shall limit any intervention or appearance as amicus curiae in an action or proceeding to issues relating to the powers and responsibilities of Congress.
(Pub. L. 95–521, title VII, §706, Oct. 26, 1978, 92 Stat. 1880.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
§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, §707, Oct. 26, 1978, 92 Stat. 1880.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
§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 1 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. 95–521, title VII, §708, Oct. 26, 1978, 92 Stat. 1880; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(3) and (c), was in the original "this title", meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
Amendments
2004—Subsec. (a)(3). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
1 So in original. Probably should be "of the".
§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, §709, Oct. 26, 1978, 92 Stat. 1881.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this title", meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
§288i. Representation conflict or inconsistency
(a) Notification
In the carrying out of the provisions of this chapter, the Counsel shall notify the Joint Leadership Group, and any party represented or person affected, of the existence and nature of any conflict or inconsistency between the representation of such party or person and the carrying out of any other provision of this chapter or compliance with professional standards and responsibilities.
(b) Solution; publication in Congressional Record; review
Upon receipt of such notification, the members of the Joint Leadership Group shall recommend the action to be taken to avoid or resolve the conflict or inconsistency. If such recommendation is made by a two-thirds vote, the Counsel shall take such steps as may be necessary to resolve the conflict or inconsistency as recommended. If not, the members of the Joint Leadership Group shall cause the notification of conflict or inconsistency and recommendation with respect to resolution thereof to be published in the Congressional Record of the Senate. If the Senate does not direct the Counsel within fifteen days from the date of publication in the Record to resolve the conflict in another manner, the Counsel shall take such action as may be necessary to resolve the conflict or inconsistency as recommended. Any instruction or determination made pursuant to this subsection shall not be reviewable in any court of law.
(c) Computation of period following publication
For purposes of the computation of the fifteen day period in subsection (b)—
(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, §710, Oct. 26, 1978, 92 Stat. 1882.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this title", meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
§288j. Consideration of resolutions to direct counsel
(a) Procedure; rules
(1) A resolution introduced pursuant to section 288b of this title shall not be referred to a committee, except as otherwise required under section 288d(c) of this title. Upon introduction, or upon being reported if required under section 288d(c) of this title, whichever is later, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such resolution. A motion to proceed to the consideration of a resolution shall be highly privileged and not debatable. An amendment to such motion shall not be in order, and it shall not be in order to move to reconsider the vote by which such motion is agreed to.
(2) With respect to a resolution pursuant to section 288b(a) of this title, the following rules apply:
(A) If the motion to proceed to the consideration of the resolution is agreed to, debate thereon shall be limited to not more than ten hours, which shall be divided equally between, and controlled by, those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to the resolution shall be in order. No motion to recommit the resolution shall be in order, and it shall not be in order to reconsider the vote by which the resolution is agreed to.
(B) Motions to postpone, made with respect to the consideration of the resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
(C) All appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to the resolution shall be decided without debate.
(b) "Committee" defined
For purposes of this chapter, other than section 288b of this title, the term "committee" includes standing, select, and special committees of the Senate established by law or resolution.
(c) Rules of the Senate
The provisions of this section are enacted—
(1) as an exercise of the rulemaking power of the Senate, and, as such, they shall be considered as part of the rules of the Senate, and such rules shall supersede any other rule of the Senate only to the extent that rule is inconsistent therewith; and
(2) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.
(Pub. L. 95–521, title VII, §711, Oct. 26, 1978, 92 Stat. 1882.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this title", meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
§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, §712, Oct. 26, 1978, 92 Stat. 1883; Pub. L. 107–273, div. A, title II, §202(b)(2), Nov. 2, 2002, 116 Stat. 1774; Pub. L. 108–7, div. H, title I, §110(b), Feb. 20, 2003, 117 Stat. 355.)
Editorial Notes
Amendments
2003—Subsec. (b). Pub. L. 108–7 made technical amendment to reference in original act which appears in text as reference to section 530D of title 28.
2002—Subsec. (b). Pub. L. 107–273 added subsec. (b) and struck out former subsec. (b) which read as follows: "The Attorney General shall notify the Counsel with respect to any proceeding in which the United States is a party of any determination by the Attorney General or Solicitor General not to appeal any court decision affecting the constitutionality of an Act or joint resolution of Congress within such time as will enable the Senate to direct the Counsel to intervene as a party in such proceeding pursuant to section 288e of this title."
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–7 effective as if included in the enactment of the 21st Century Department of Justice Appropriations Authorization Act, Pub. L. 107–273, see section 110(c) of Pub. L. 108–7, set out as a note under section 5571 of this title.
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
§288l. Procedural provisions
(a) Intervention or appearance
Permission to intervene as a party or to appear as amicus curiae under section 288e of this title shall be of right and may be denied by a court only upon an express finding that such intervention or appearance is untimely and would significantly delay the pending action or that standing to intervene has not been established under section 2 of article III of the Constitution of the United States.
(b) Compliance with admission requirements
The Counsel, the Deputy Counsel, or any designated Assistant Counsel or counsel specially retained by the Office shall be entitled, for the purpose of performing his functions under this chapter, to enter an appearance in any proceeding before any court of the United States or of a State or political subdivision thereof without compliance with any requirement for admission to practice before such court, except that the authorization conferred by this subsection shall not apply with respect to the admission of any such person to practice before the United States Supreme Court.
(c) Standing to sue; jurisdiction
Nothing in this chapter shall be construed to confer standing on any party seeking to bring, or jurisdiction on any court with respect to, any civil or criminal action against Congress, either House of Congress, a Member of Congress, a committee or subcommittee of a House of Congress, any office or agency of Congress, or any officer or employee of a House of Congress or any office or agency of Congress.
(Pub. L. 95–521, title VII, §713, Oct. 26, 1978, 92 Stat. 1883.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (b) and (c), was in the original "this title", meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
§288m. Contingent fund
The expenses of the Office shall be paid from the contingent fund of the Senate in accordance with section 6503 of this title, and upon vouchers approved by the Counsel.
(Pub. L. 95–521, title VII, §716, Oct. 26, 1978, 92 Stat. 1885.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
§288n. Travel and related expenses
Funds expended by the Senate Legal Counsel for travel and related expenses shall be subject to the same regulations and limitations (insofar as they are applicable) as those which the Senate Committee on Rules and Administration prescribes for application to travel and related expenses for which payment is authorized to be made from the contingent fund of the Senate.
(Pub. L. 98–51, title I, §106, July 14, 1983, 97 Stat. 267.)
Editorial Notes
Codification
Section was enacted as part of the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984, and not as part of title VII of Pub. L. 95–521 which in part comprises this chapter.
Section, as it relates to funds expended by the Legislative Counsel of the Senate, is classified to section 276b of this title.
CHAPTER 10—CLASSIFICATION OF EMPLOYEES OF HOUSE OF REPRESENTATIVES
§291. Congressional declaration of purpose
It is the purpose of this chapter to provide a classification system for the equitable establishment and adjustment of rates of compensation for, and for the efficient utilization of personnel in, certain positions under the House of Representatives to which this chapter applies, through—
(1) the creation and maintenance of orderly and equitable compensation relationships for such positions—
(A) in accordance with the principle of equal pay for substantially equal work, and
(B) with due regard to (i) differences in the levels of difficulty, responsibility, and qualification requirements of the work, (ii) the kind of work performed, (iii) satisfactory performance, and (iv) length of service;
(2) the application of appropriate position standards and position descriptions for such positions; and
(3) the adoption of organization and position titles in the House which accurately reflect the respective functions, duties, and responsibilities of those organizations and positions in the House to which this chapter applies.
(Pub. L. 88–652, §2, Oct. 13, 1964, 78 Stat. 1079.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 88–652, §17, Oct. 13, 1964, 78 Stat. 1084, provided that: "This Act [enacting this chapter and amending sections 88c and 4131 of this title] shall become effective on January 1, 1965."
Short Title
Pub. L. 88–652, §1, Oct. 13, 1964, 78 Stat. 1079, provided that: "This Act [see Tables for classification] may be cited as the 'House Employees Position Classification Act'."
Savings Provision
Pub. L. 88–652, §15, Oct. 13, 1964, 78 Stat. 1084, provided that:
"(a) Notwithstanding any provision of this Act [this chapter], the aggregate (gross) rate of compensation of any employee immediately prior to the effective date of this Act [Jan. 1, 1965] shall not be reduced by reason of the enactment of this Act.
"(b) For the purposes of applicable law relating to the payment to any individual of compensation from more than one civilian office or position, each employee of the House to whom this Act applies who, immediately prior to the effective date of this Act—
"(1) is receiving basic compensation from more than one civilian office or position and
"(2) is in compliance with such law
shall be held and considered to be in compliance with such law on and after such effective date, notwithstanding the enactment of this Act, so long as such employee continues to receive, without break in service of more than thirty days, the same or lower rate of basic compensation in a position to which this Act does not apply."
§292. Positions affected
This chapter shall apply to—
(1) all positions under the Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General of the House of Representatives, except the positions of telephone operator and positions on the United States Capitol Police force;
(2) the position of minority pair clerk in the House;
(3) all positions under the House Recording Studio; and
(4) all positions under the House Radio and Television Correspondents' Gallery and the House Periodical Press Gallery.
(Pub. L. 88–652, §3, Oct. 13, 1964, 78 Stat. 1079; Pub. L. 104–53, title I, §108(1), Nov. 19, 1995, 109 Stat. 522.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Amendments
1995—Par. (1). Pub. L. 104–53 substituted "Chief Administrative Officer, and the Inspector General" for "Doorkeeper, and the Postmaster,".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
§293. Compensation schedules
(a)(1) The Committee on House Oversight of the House of Representatives (hereinafter referred to as the "committee") shall establish and maintain, and, from time to time, may revise, for positions to which this chapter applies (other than positions within the purview of subsection (b) of this section the compensation for which is fixed and adjusted from time to time in accordance with prevailing rates), a compensation schedule of per annum rates, which shall be known as the "House Employees Schedule" and for which the symbol shall be "HS", subject to the following provisions:
(A) Such schedule shall be composed of such number of compensation levels as the committee deems appropriate.
(B) Each compensation level shall consist of twelve compensation steps.
(C) The per annum rate of compensation for each compensation step of each compensation level shall be in such amount as the committee deems appropriate, except that the per annum rate of compensation for the maximum compensation step of the highest compensation level shall not exceed the maximum rate of compensation authorized by chapter 51 and subchapter III of chapter 53 of title 5.
(2) The rates of compensation for such positions shall be in accordance with such schedule.
(b) The committee shall establish and maintain, and, from time to time, may revise, for positions under the Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General of the House of Representatives, the compensation for which, in the judgment of the committee, should be fixed and adjusted from time to time in accordance with prevailing rates, a compensation schedule providing for per annum or per hour rates, or both, established in accordance with prevailing rates and consisting of such number of compensation levels and steps as the committee deems appropriate, which shall be known as the "House Wage Schedule" and for which the symbol shall be "HWS". The rates of compensation for such positions shall be in accordance with such schedule. Notwithstanding any other provision of this chapter, for purposes of applying the adjustment made by the committee under this subsection for 2002 and each succeeding year (other than any period during which a memorandum of understanding described in section 2168(a) of this title is in effect), positions under the Chief Administrative Officer shall include positions of the United States Capitol telephone exchange under the Chief Administrative Officer.
(Pub. L. 88–652, §4, Oct. 13, 1964, 78 Stat. 1079; Pub. L. 104–53, title I, §108(2), Nov. 19, 1995, 109 Stat. 522; Pub. L. 104–186, title II, §209(1), Aug. 20, 1996, 110 Stat. 1743; Pub. L. 107–68, title III, §310, Nov. 12, 2001, 115 Stat. 592; Pub. L. 108–447, div. G, title II, §215(d), Dec. 8, 2004, 118 Stat. 3198.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Amendments
2004—Subsec. (b). Pub. L. 108–447 in last sentence substituted "succeeding year (other than any period during which a memorandum of understanding described in section 2168(a) of this title is in effect)," for "succeeding year,".
2001—Subsec. (b). Pub. L. 107–68 inserted at end "Notwithstanding any other provision of this chapter, for purposes of applying the adjustment made by the committee under this subsection for 2002 and each succeeding year, positions under the Chief Administrative Officer shall include positions of the United States Capitol telephone exchange under the Chief Administrative Officer."
1996—Subsec. (a)(1). Pub. L. 104–186 substituted "House Oversight" for "House Administration".
1995—Subsec. (b). Pub. L. 104–53 substituted "Chief Administrative Officer, and the Inspector General" for "Doorkeeper, and the Postmaster,".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–447 applicable with respect to fiscal year 2005 and each succeeding fiscal year, see section 2168(f) of this title.
Effective Date
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
Increases in Compensation
Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of Speaker of the House, set out as notes under those sections.
§§293a to 293c. Omitted
Section 293a, Pub. L. 89–301, §11(c), Oct. 29, 1965, 79 Stat. 1120, required compensation of employees of House of Representatives whose compensation is fixed under this chapter to be increased by amounts equal to increases provided by section 60e–12(a) of this title.
Section 293b, Pub. L. 89–504, title III, §302(c), July 18, 1966, 80 Stat. 295, required compensation of employees of House of Representatives whose compensation is fixed under this chapter to be increased by amounts equal to increases provided by section 60e–13(a) of this title.
Section 293c, Pub. L. 90–206, title II, §214(c), Dec. 16, 1967, 81 Stat. 636, required compensation of employees of House of Representatives whose compensation is fixed under this chapter to be increased by amounts equal to increases provided by section 60e–14(a) of this title.
§294. Position standards and descriptions
(a)(1) It shall be the duty of the committee to prescribe, revise, and (on a current basis) maintain position standards which shall apply to positions (in existence on, or established after, January 1, 1965) under the House of Representatives to which this chapter applies.
(2) The position standards shall—
(A) provide for the separation of such positions into appropriate classes for pay and personnel purposes on the basis of reasonable similarity with respect to types of positions, qualification requirements of positions, and levels of difficulty and responsibility of work, and
(B) govern the placement of such positions in their respective appropriate compensation levels of the appropriate compensation schedule.
(b)(1) Subject to review and approval by the committee, the Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General of the House of Representatives, shall prepare, revise, and (on a current basis) maintain, at such times and in such form as the committee deems appropriate, position descriptions of the respective positions (in existence on, or established after, January 1, 1965) under the House of Representatives to which this chapter applies which are under their respective jurisdictions, including—
(A) with respect to the Clerk, positions under the House Recording Studio,
(B) with respect to the Sergeant at Arms, the position of minority pair clerk in the House, and
(C) with respect to the Chief Administrative Officer, positions under the House Radio and Television Correspondents' Gallery and the House Periodical Press Gallery.
(2) The position descriptions shall—
(A) describe in detail the actual duties, responsibilities, and qualification requirements of the work of each of such positions,
(B) provide a position title for such position which accurately reflects such duties and responsibilities, and
(C) govern the placement of such position in its appropriate class.
(c) The Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General of the House of Representatives, shall transmit to the committee, at such times and in such form as the committee deems appropriate, all position descriptions required by subsection (b) of this section to be prepared, provided, and currently maintained by them, together with such other pertinent information as the committee may require, in order that the committee shall have, at all times, current information with respect to such position descriptions, the positions to which such descriptions apply, and related personnel matters within the purview of this chapter. Such information so transmitted shall be kept on file in the committee.
(d) Notwithstanding any other provision of this chapter, the committee shall have authority, which may be exercised at any time in its discretion, to—
(1) conduct surveys and studies of all organization units, and the positions therein, to which this chapter applies;
(2) ascertain on a current basis the facts with respect to the duties, responsibilities, and qualification requirements of any position to which this chapter applies;
(3) prepare and revise the position description of any such position;
(4) place any such position in its appropriate class and compensation level;
(5) decide whether any such position is in its appropriate class and compensation level;
(6) change any such position from one class or compensation level to any other class or compensation level whenever the facts warrant; and
(7) prescribe such organization and position titles as may be appropriate to carry out the purposes of this chapter.
All such actions of the committee shall be binding on the House officer and organization unit concerned and shall be the basis for payment of compensation and for other personnel benefits and transactions until otherwise changed by the committee.
(Pub. L. 88–652, §5, Oct. 13, 1964, 78 Stat. 1080; Pub. L. 104–53, title I, §108(3), (4), Nov. 19, 1995, 109 Stat. 522; Pub. L. 104–186, title II, §209(2), Aug. 20, 1996, 110 Stat. 1743.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Amendments
1996—Subsec. (b)(1)(C). Pub. L. 104–186 substituted "Chief Administrative Officer" for "Doorkeeper".
1995—Subsec. (b)(1). Pub. L. 104–53 substituted "Chief Administrative Officer, and the Inspector General" for "Doorkeeper, and the Postmaster".
Subsec. (c). Pub. L. 104–53 substituted "Chief Administrative Officer, and the Inspector General" for "Doorkeeper, and the Postmaster,".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
Transfer of Functions
Certain functions of Recording Studio and Officers of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§295. Placement of positions in compensation schedules
The committee shall place each position (in existence on, or established after, January 1, 1965) under the House of Representatives to which this chapter applies in its appropriate class, and in its appropriate compensation level of the appropriate compensation schedule, in accordance with the position standards and position descriptions provided for in section 294 of this title. The committee is authorized, when circumstances so warrant, to change any such position from one class or compensation level to another class or compensation level. All actions of the committee under this section shall be binding on the House officer and organization unit concerned and shall be the basis for payment of compensation and for other personnel benefits and transactions until otherwise changed by the committee.
(Pub. L. 88–652, §6, Oct. 13, 1964, 78 Stat. 1081.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
§296. Step increases; waiting periods; service in Armed Forces; automatic advancement
(a) Each employee in a compensation level of the House Employees Schedule (HS), who has not attained the highest scheduled rate of compensation for the compensation level (HS level) in which his position is placed, shall be advanced successively to the next higher step of such HS level, as follows:
(1) to steps 2, 3, and 4, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of one year of satisfactory service in the next lower step;
(2) to steps 5, 6, and 7, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of two years of satisfactory service in the next lower step;
(3) to steps 8, 9, and 10, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of three years of satisfactory service in the next lower step; and
(4) to steps 11 and 12, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of five years of satisfactory service in the next lower step.
(b) The receipt of an increase in compensation during any of the waiting periods of service specified in subsection (a) of this section shall cause a new full waiting period of service to commence for further step increases under such subsection.
(c) Any increase in compensation granted by law, or granted by reason of an increase made by the committee in the rates of compensation of the House Employees Schedule, to employees within the purview of subsection (a) of this section shall not be held or considered to be an increase in compensation for the purposes of subsection (b) of this section.
(d) The benefit of successive step increases under subsection (a) of this section shall be preserved, under regulations prescribed by the committee, for employees whose continuous service is interrupted by service in the Armed Forces of the United States.
(e) The committee shall establish and maintain, and, from time to time, may revise, a system of automatic advancement, by successive step increases in compensation, on the basis of satisfactory service performed, without break in service of more than thirty months, for employees subject to the House Wage Schedule (HWS). In the operation of such system of step increases the committee may prescribe regulations to the effect that—
(1) the receipt of an increase in compensation during any of the waiting periods of service required for advancement by step increases under such system shall cause a new full waiting period of service to commence for further step increases under such system;
(2) any increase in compensation granted by law, or granted by reason of an increase made by the committee in the rates of compensation of the House Wage Schedule, to employees within the purview of such system of step increases shall not be held or considered to be an increase in compensation for the purposes of subparagraph (1) of this subsection; and
(3) the benefit of successive step increases under such system of step increases shall be preserved, under regulations prescribed by the committee, for employees whose continuous service is interrupted by service in the Armed Forces of the United States.
(Pub. L. 88–652, §7, Oct. 13, 1964, 78 Stat. 1081.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
§297. Appointments and reclassifications to higher compensation levels
(a) Each employee in a compensation level of the House Employees Schedule (HS), who is appointed to a position in a higher compensation level of such schedule, or whose position is placed in a higher compensation level of such schedule pursuant to a reclassification of such position, shall be paid compensation in such higher compensation level, in accordance with the following provisions, whichever is first applicable in the following numerical order of precedence:
(1) at the rate of the lowest step for which the rate of compensation equals the rate of compensation for that step, in the compensation level from which he is appointed, which is two steps above the step in such level which he had attained immediately prior to such appointment;
(2) at the rate of the lowest step for which the rate of compensation exceeds, by not less than two steps of the compensation level from which he is appointed, his rate of compensation immediately prior to such appointment; or
(3) at the rate of the highest step of such higher compensation level, or at his rate of compensation immediately prior to such appointment, whichever rate is the higher.
(b) The committee may provide by regulations for the payment of compensation, at an appropriate compensation step determined in accordance with such regulations, to each employee subject to the House Wage Schedule (HWS) who is appointed to a position in a higher compensation level of such schedule or whose position is placed in a higher compensation level of such schedule pursuant to a reclassification of such position.
(Pub. L. 88–652, §8, Oct. 13, 1964, 78 Stat. 1082.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
§298. Reductions in compensation level
Each employee in a position of a compensation level of the House Employees Schedule (HS) or the House Wage Schedule (HWS), whose employment in such position and level is terminated and who is reemployed, with or without break in service, in a position in a lower compensation level (HS level or HWS level) of such schedule, or whose position is placed in a lower compensation level of such schedule pursuant to a reclassification of such position, shall be placed by the committee in such step of such lower compensation level as the committee deems appropriate.
(Pub. L. 88–652, §9, Oct. 13, 1964, 78 Stat. 1083.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
§299. Repealed. Pub. L. 106–554, §1(a)(2) [title I, §102(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-100
Section, Pub. L. 88–652, §10, Oct. 13, 1964, 78 Stat. 1083, related to compensation level of individual appointed to position subject to House Employees Schedule or House Wage Schedule.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 106–554, §1(a)(2) [title I, §102(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-100, provided that: "The amendment made by subsection (a) [repealing this section] shall apply with respect to employees appointed on or after October 1, 2000."
§300. Establishment of positions; payment from applicable accounts
The committee may authorize the establishment of additional positions of the kind to which this chapter applies, on a permanent basis or on a temporary basis of not to exceed six months' duration, whenever, in the judgment of the committee, such action is warranted in the interests of the orderly and efficient operation of the House of Representatives. The compensation of each such position may be paid out of the applicable accounts of the House of Representatives until otherwise provided by law. An additional position of the kind to which this chapter applies shall not be established without authorization of the committee.
(Pub. L. 88–652, §11, Oct. 13, 1964, 78 Stat. 1083; Pub. L. 104–186, title II, §209(3), Aug. 20, 1996, 110 Stat. 1743.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Amendments
1996—Pub. L. 104–186 substituted "applicable accounts" for "contingent fund".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
§301. Preservation of existing appointing authorities
This chapter shall not be held or considered to change or otherwise affect—
(1) any authority to establish positions under the House of Representatives which are not within the purview of this chapter, or
(2) any authority to make appointments to positions under the House of Representatives, irrespective of whether such positions are within the purview of this chapter.
(Pub. L. 88–652, §12, Oct. 13, 1964, 78 Stat. 1083.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
§302. Regulations
The committee is authorized to prescribe such regulations as may be necessary to carry out the purposes of this chapter.
(Pub. L. 88–652, §13, Oct. 13, 1964, 78 Stat. 1084.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
§303. Dual compensation
For the purposes of applicable law relating to the payment to any employee subject to the House Employees Schedule or the House Wage Schedule of compensation from more than one civilian office or position, the rate of basic compensation of each employee subject to any such schedule shall be held and considered to be that rate which, when increased by additional compensation then currently authorized by law for House employees generally, equals or most nearly equals the per annum rate of compensation of such employee under such schedule.
(Pub. L. 88–652, §14, Oct. 13, 1964, 78 Stat. 1084.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
CHAPTER 10A—PAYROLL ADMINISTRATION IN HOUSE OF REPRESENTATIVES
§331. Transferred
Editorial Notes
Codification
Section 331 was editorially reclassified as section 4533 of this title.
§332. Repealed. Pub. L. 104–186, title II, §210(2)(A), Aug. 20, 1996, 110 Stat. 1743
Section, Pub. L. 91–510, title IV, §472, Oct. 26, 1970, 84 Stat. 1194, directed single per annum gross rates of clerk hire allowances of Members determined on basis of population.
§333. Transferred
Editorial Notes
Codification
Section 333 was editorially reclassified as section 5103 of this title.
§333a. Omitted
Editorial Notes
Codification
Section, Pub. L. 98–51, title I, §112, July 14, 1983, 97 Stat. 270; Pub. L. 104–186, title II, §204(16), Aug. 20, 1996, 110 Stat. 1732, regarding limits on uses of funds provided under former section 333, was omitted from the Code as duplicative. See Limits on Uses of Funds note under section 5103 of this title.
§334. Repealed. Pub. L. 104–186, title II, §210(3)(A), Aug. 20, 1996, 110 Stat. 1743
Section, Pub. L. 91–510, title IV, §474, Oct. 26, 1970, 84 Stat. 1194, directed Clerk of House to convert existing basic pay rates to per annum gross pay rates.
§335. Transferred
Editorial Notes
Codification
Section 335 was editorially reclassified as section 4534 of this title.
§336. Transferred
Editorial Notes
Codification
Section 336 was editorially reclassified as section 4535 of this title.
CHAPTER 11—CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION
§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, title II, §225(a), Dec. 16, 1967, 81 Stat. 642; Pub. L. 101–194, title VII, §701(a), Nov. 30, 1989, 103 Stat. 1763.)
Editorial Notes
Amendments
1989—Pub. L. 101–194 substituted "Citizens' Commission on Public Service and Compensation" for "Commission on Executive, Legislative, and Judicial Salaries".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees.
§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; 1 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 section.
(5) The chairperson shall be designated by the President.
(6) A vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made.
(7) Each member of the Commission shall be paid at the rate of $100 for each day such member is engaged upon the work of the Commission and shall be allowed travel expenses, including a per diem allowance, in accordance with section 5703 of title 5, when engaged in the performance of services for the Commission.
(8)(A) The terms of office of persons first appointed as members of the Commission shall be for the period of the 1993 fiscal year of the Federal Government, and shall begin not later than February 14, 1993.
(B) After the close of the 1993 fiscal year of the Federal Government, persons shall be appointed as members of the Commission with respect to every fourth fiscal year following the 1993 fiscal year. The terms of office of persons so appointed shall be for the period of the fiscal year with respect to which the appointment is made, except that, if any appointment is made after the beginning and before the close of any such fiscal year, the term of office based on such appointment shall be for the remainder of such fiscal year.
(C)(i) Notwithstanding any provision of subparagraph (A) or (B), members of the Commission may continue to serve after the close of a fiscal year, if the date designated by the President under section 357 of this title (relating to the date by which the Commission is to submit its report to the President) is subsequent to the close of such fiscal year, and only if or to the extent necessary to allow the Commission to submit such report.
(ii) Notwithstanding any provision of section 353 of this title, authority under such section shall remain available, after the close of a fiscal year, so long as members of the Commission continue to serve.
(Pub. L. 90–206, title II, §225(b), Dec. 16, 1967, 81 Stat. 642; Pub. L. 99–190, §135(a), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title VII, §701(b), Nov. 30, 1989, 103 Stat. 1763.)
Editorial Notes
References in Text
The Federal Regulation of Lobbying Act, referred to in par. (2)(B), is title III of act Aug. 2, 1946, ch. 753, 60 Stat. 839, which was classified generally to chapter 8A (§261 et seq.) of this title, prior to repeal by Pub. L. 104–65, §11(a), Dec. 19, 1995, 109 Stat. 701. For complete classification of this Act to the Code, see Tables.
Amendments
1989—Pub. L. 101–194 amended section generally, substituting pars. (1) to (8) for former pars. (1) to (5).
1985—Par. (3). Pub. L. 99–190 inserted "and with respect to fiscal year 1987" at end of first sentence.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees.
1 See References in Text note below.
§353. Executive Director; additional personnel; detail of personnel of other agencies
(1) Without regard to the provisions of title 5 governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, and on a temporary basis for periods covering all or part of any fiscal year referred to in subparagraphs (A) and (B) of section 352(8) of this title—
(A) the Commission is authorized to appoint an Executive Director and fix his basic pay at the rate provided for level V of the Executive Schedule by section 5316 of title 5; and
(B) with the approval of the Commission, the Executive Director is authorized to appoint and fix the basic pay (at respective rates not in excess of the maximum rate of the General Schedule in section 5332 of title 5) of such additional personnel as may be necessary to carry out the function of the Commission.
(2) Upon the request of the Commission, the head of any department, agency, or establishment of any branch of the Federal Government is authorized to detail, on a reimbursable basis, for periods covering all or part of any fiscal year referred to in subparagraphs (A) and (B) of section 352(8) of this title, any of the personnel of such department, agency, or establishment to assist the Commission in carrying out its function.
(Pub. L. 90–206, title II, §225(c), Dec. 16, 1967, 81 Stat. 643; Pub. L. 101–194, title VII, §701(c), Nov. 30, 1989, 103 Stat. 1764.)
Editorial Notes
Amendments
1989—Pub. L. 101–194 substituted "subparagraphs (A) and (B) of section 352(8) of this title" for "section 352(2) and (3) of this title" in pars. (1) and (2).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees.
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
§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, title II, §225(d), Dec. 16, 1967, 81 Stat. 643.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees.
§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, title II, §225(e), Dec. 16, 1967, 81 Stat. 643.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees.
§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, §225(f), Dec. 16, 1967, 81 Stat. 643; Pub. L. 91–375, §6(a), Aug. 12, 1970, 84 Stat. 775; Pub. L. 94–82, title II, §206(a), Aug. 9, 1975, 89 Stat. 423; Pub. L. 95–598, title III, §301, Nov. 6, 1978, 92 Stat. 2673; Pub. L. 97–164, title I, §143, Apr. 2, 1982, 96 Stat. 45; Pub. L. 99–190, §135(b), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 100–202, §101(a) [title IV, §408(c)], Dec. 22, 1987, 101 Stat. 1329, 1329-27; Pub. L. 101–194, title VII, §701(d), Nov. 30, 1989, 103 Stat. 1764; Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
Editorial Notes
References in Text
Subsections (a), (b), (c), and (d) of section 203 of the Federal Legislative Salary Act of 1964 (78 Stat. 415; Public Law 88–426), referred to in par. (B), are subsecs. (a) to (d) of section 203 of Pub. L. 88–426, title II, Aug. 14, 1964, 78 Stat. 415. Subsecs. (a) and (b), which originally related to compensation of the Comptroller General and Assistant Comptroller General, respectively, of the United States, were classified to section 42a of former Title 31, Money and Finance. Subsec. (c), which originally related to compensation of the General Counsel of the United States General Accounting Office, the Librarian of Congress, the Public Printer, and the Architect of the Capitol, was classified to sections 136a and 1802 of this title, section 51a of former Title 31, and section 39a of former Title 44, Public Printing and Documents. Subsec. (d), which originally related to compensation of the Deputy Librarian of Congress, the Deputy Public Printer, and the Assistant Architect of the Capitol, was classified to section 136a–1 of this title, section 166b of former Title 40, Public Buildings, Property, and Works, and section 39a of former Title 44. Sections 136a (Librarian of Congress) and 136a–1 (Deputy Librarian of Congress) of this title were omitted from the Code as superseded by section 136a–2 of this title. Sections 42a (Comptroller General and Deputy Comptroller General) and 51a (General Counsel of General Accounting Office) of former Title 31 were repealed, and restated in sections 703(f) and 731(c) of Title 31, Money and Finance, by Pub. L. 97–258, §§1, 5(b), Sept. 13, 1982, 96 Stat. 889, 897, 1068. Section 166b (Assistant Architect of the Capitol) of former Title 40 was omitted from the Code as superseded by section 166b–3a of former Title 40 (now section 1848 of this title) and was repealed by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304. Section 39a (Public Printer and Deputy Public Printer) of former Title 44 was repealed, and restated in section 303 of Title 44, Public Printing and Documents, by Pub. L. 90–620, §§1, 3, Oct. 22, 1968, 82 Stat. 1239, 1306.
The rates of pay of justices, judges, and other personnel in the judicial branch, referred to in par. (C), are set out in section 867 of Title 10, Armed Forces; section 7443 of Title 26, Internal Revenue Code; and sections 5, 44, 135, 173, 213, 252, 603, and 792 of Title 28, Judiciary and Judicial Procedure.
Amendments
1992—Par. (C). Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court".
1989—Pub. L. 101–194 substituted "subparagraphs (A) and (B) of section 352(8) of this title" for "section 352(2) and (3) of this title".
1987—Par. (C). Pub. L. 100–202 substituted "except bankruptcy judges, but including" for "and magistrates and".
1985—Pub. L. 99–190 inserted last sentence relating to review of rates of pay of offices or positions.
1982—Par. (C). Pub. L. 97–164 inserted reference to judges of the United States Claims Court.
1978—Par. (C). Pub. L. 95–598 struck out reference to section 402(d) and inserted reference to magistrates.
1975—Par. (A). Pub. L. 94–82 inserted "the Vice President of the United States" before "Senators", and "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" after "Puerto Rico".
1970—Par. (E). Pub. L. 91–375 added par. (E).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100–202 effective Oct. 1, 1988, and any salary affected by the amendment to be adjusted at beginning of first applicable pay period commencing on or after such date, see section 101(a) [title IV, §408(d)] of Pub. L. 100–202, set out as a note under section 153 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
Effective Date
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees.
Effective Rates of Pay Pending Changes in Rates Pursuant to Federal Salary Act of 1967
Pub. L. 94–82, title II, §206(b), Aug. 9, 1975, 89 Stat. 423, provided that: "Until such time as a change in the rate of pay of the offices referred to in the amendment made by subsection (a) of this section [amending par. (A) of this section] occurs under the provisions of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as amended by subsection (a) of this section, such rates of pay shall be the rates of pay in effect immediately prior to the date of enactment of this Act [Aug. 9, 1975], as adjusted under sections 203 and 204 of this title [amending sections 60a note, 136a, 136a–1, and 4501 of this title, section 104 of Title 3, The President, sections 42a and 51a of former Title 31, Money and Finance, sections 162a and 166b of former Title 40, Public Buildings, Property, and Works, and section 303 of Title 44, Public Printing and Documents]."
§356a. Omitted
Editorial Notes
Codification
Section, Pub. L. 94–440, title II, [§100,] Oct. 1, 1976, 90 Stat. 1446, the Legislative Branch Appropriation Act, 1977, which provided salary rate limitations for positions or offices referred to in section 356 of this title, applied to fiscal year 1977 and was not repeated in subsequent appropriation acts. See decision B–145492 of the Comptroller General of the United States, dated Sept. 21, 1976. Pub. L. 94–440, title II, [§100,] was formerly set out as a note under section 5318 of Title 5, Government Organization and Employees.
§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, title II, §225(g), Dec. 16, 1967, 81 Stat. 644; Pub. L. 99–190, §135(c), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title VII, §701(e), Nov. 30, 1989, 103 Stat. 1764.)
Editorial Notes
Amendments
1989—Pub. L. 101–194 amended section catchline generally and in text substituted "Commission with respect to rates of pay for" for "Commission of" and "December 15 next following the close of the fiscal year in which the review is conducted by the Commission." for "December 15 of the fiscal year in which the review is conducted by the Commission."
1985—Pub. L. 99–190 substituted "December 15" for "January 1 next following the close".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees.
1985 Fiscal Year Recommendations on Pay Rates of Offices and Positions
Pub. L. 99–190, §135(g), Dec. 19, 1985, 99 Stat. 1323, provided that notwithstanding section 357 of this title, the Commission on Executive, Legislative, and Judicial Salaries should not make recommendations on the pay rates of certain offices and positions under section 356 of this title in connection with rate reviews in fiscal year 1985.
§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 section 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, title II, §225(h), Dec. 16, 1967, 81 Stat. 644; Pub. L. 99–190, §135(d), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title VII, §701(f), Nov. 30, 1989, 103 Stat. 1765.)
Editorial Notes
Amendments
1989—Pub. L. 101–194 amended section generally. Prior to amendment, section read as follows: "The President shall include, in the budget next transmitted under section 1105(a) of title 31 by him to the Congress after the date of the submission of the report and recommendations of the Commission under section 357 of this title, his recommendations with respect to the exact rates of pay which he deems advisable, for those offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of section 356 of this title."
1985—Pub. L. 99–190 inserted reference to section 1105(a) of title 31, and struck out last sentence defining "budget".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees.
Commission's First Report After July 30, 1983, To Include Recommendation for Appropriate Salary for Members of Congress; Prohibition on Receipt of Honoraria
Pub. L. 98–63, title I, §908(e), July 30, 1983, 97 Stat. 338, which directed Commission on Executive, Legislative, and Judicial Salaries to include in first report required to be submitted by it after July 30, 1983, a recommendation for an appropriate salary for Members, which recommendation was to assume a prohibition on receipt of honoraria by Members, was repealed by Pub. L. 102–90, title I, §6(c), Aug. 14, 1991, 105 Stat. 451.
Compensation and Emoluments of Attorney General
Pub. L. 94–2, Feb. 18, 1975, 89 Stat. 4, provided in part that the compensation and other emoluments attached to the Office of the Attorney General on and after Feb. 4, 1975, shall be those that on or after Feb. 18, 1975, attach to offices and positions at level I of the Executive Schedule (section 5312 of Title 5).
Executive Documents
Recommendations for Increases in Executive, Legislative, and Judicial Salaries
Transmitted to Congress Jan. 9, 1989
H.Doc. No. 101–21, Cong. Rec., vol. 135, pt. 1, p. 251, Jan. 19, 1989
Dear Mr. Speaker: (Dear Mr. President:) 1
As required by section 225 of the Federal Salary Act of 1967, Public Law 90–206 (2 U.S.C. 351 et seq.), the latest Quadrennial Commission on Executive, Legislative, and Judicial Salaries ("Commission") has submitted to me recommendations on salaries for Senators, Representatives, Federal judges, Cabinet officers, and other agency heads, and certain other officials in the executive, legislative, and judicial branches.
The statute requires that, in the budget next submitted after receipt of the report of the Commission, I set forth recommendations for adjustment of these salaries. Pursuant to section 225(i), as amended by section 135 of Public Law 99–190 [2 U.S.C. 359], these recommendations will be effective unless Congress disapproves the recommendation by a joint resolution within 30 days following the transmittal of my budget.
The Commission's report, submitted to me on December 14, 1988, documented both the substantial erosion in the real level of Federal executive pay that has occurred since 1969 and the recruitment and retention problems that have resulted, especially for the Federal judiciary. The Commission is to be commended for its diligent and conscientious effort to address the complicated and complex problems associated with Federal pay levels.
The Commission found that Federal executives and legislators have experienced a decline of approximately 35 percent in real salaries since 1969. In contrast, the salaries of General Schedule employees have declined by only 8 percent over the same period. The Commission's recommendations go a long way towards compensating for this salary erosion, but they do not make up the full gap. For example, for an official at Executive Level II, which is also the Congressional salary rate, the salary level adjusted for inflation since 1969 would be $140,340, while the Commission's recommendation is $135,000.
Every one of the Commissions that has met over the past 20 years concluded that a pay increase for key Federal officials was necessary. Each Commission found that pay for senior Government officials fell far behind that of their counterparts in the private sector. They also surmised that we cannot afford a Government composed primarily of those wealthy enough to serve.
In accepting the Commission's salary recommendations, I recognize that we are under a mandate to reduce the Federal deficit and hold the costs of Government to an absolute minimum. Thus, while I have decided to propose a pay increase that accepts in full the salary recommendations made by the Commissioners in their report to me last month, this proposal will not increase the deficit; the funding for the pay increase will be fully absorbed within proposed budget levels.
This increase fulfills my promise made in January 1987, that, assuming continued progress toward eliminating the deficit and favorable economic conditions, I would recommend another step toward overcoming the erosion of real income.
While this represents a substantial increase in salaries, it is coupled with the salutary recommendation of a ban on receipt of all honoraria in all branches of Government. Although my recommendation concerning honoraria has no legal effect, I urge the swiftest possible consideration of this important reform. The Commission further recommended that Congress enact legislation to bar officials in the three branches from receiving honoraria. I endorse these recommendations of the Commission as an appropriate step toward better government. A salary increase and a prohibition on receipt of honoraria together will help ensure that the Government is able to attract and keep talented senior officials and that the questions that arise from outside payments of honoraria are put to rest.
Accordingly, pursuant to subparagraphs (A), (B), (C), and (D) of section 225(f) and section 225(h) of Public Law 90–206 (81 Stat. 643 and 644), as amended [2 U.S.C. 356(A)–(D), 358] [this section]:
| For the Vice President of the United States | $175,000 |
| For offices and positions under the Executive Schedule in subchapter II of chapter 53 of title 5, United States Code, as follows: | |
| Positions at level I | 155,000 |
| Positions at level II | 135,000 |
| Positions at level III | 125,000 |
| Positions at level IV | 120,000 |
| Positions at level V | 115,000 |
| For the Speaker of the House of Representatives | 175,000 |
| For the President Pro Tempore of the Senate, majority leader and minority leader of the Senate, and majority leader and minority leader of the House of Representatives | 155,000 |
| For Senators, Members of the House of Representatives, Delegates to the House of Representatives, and the Resident Commissioner from Puerto Rico | 135,000 |
| For other officers and positions in the legislative branch as follows: | |
| Comptroller General of the United States | 135,000 |
| Deputy Comptroller General of the United States, Librarian of Congress, and Architect of the Capitol | 125,000 |
| General Counsel of the General Accounting Office, Deputy Librarian of Congress, and Assistant Architect of the Capitol | 120,000 |
| For Justices, judges, and other personnel in the judicial branch as follows: | |
| Chief Justice of the United States | 175,000 |
| Associate Justices of the Supreme Court | 165,000 |
| Judges: | |
| U.S. Courts of Appeals | 140,000 |
| Court of Military Appeals | 140,000 |
| U.S. District Courts | 135,000 |
| Court of International Trade | 135,000 |
| Tax Court of the United States | 135,000 |
| U.S. Claims Court | 135,000 |
Sincerely,
Ronald Reagan.
1 Editorial note. This is the text of identical letters addressed to the Speaker of the House of Representatives and the President of the Senate, which were transmitted on January 9, 1989.
[Pub. L. 101–1, Feb. 7, 1989, 103 Stat. 3, provided: "That the Congress disapproves in their entirety the recommendations transmitted to the Congress by the President on January 9, 1989, under section 225(h) of the Federal Salary Act of 1967."]
Prior Salary Recommendations
A prior recommendation of the President for increases in executive, legislative, and judicial salaries, which was transmitted to Congress on Jan. 5, 1987 (52 F.R. 4125; 101 Stat. 1967), was disapproved by Pub. L. 100–6, §3, Feb. 12, 1987, 101 Stat. 94. However, such recommendation became effective pursuant to section 359 of this title.
A prior recommendation of the President for increases in executive, legislative, and judicial salaries, which was transmitted to Congress on Jan. 7, 1981 (H.Doc. No. 97–6, Cong. Rec., vol. 127, pt. 1, p. 241, Jan. 9, 1981), was disapproved by House Resolution No. 109, Ninety-sixth Congress, Mar. 12, 1981, Senate Resolution No. 89, Ninety-sixth Congress, Mar. 12, 1981, Senate Resolution No. 90, Ninety-sixth Congress, Mar. 12, 1981, Senate Resolution No. 91, Ninety-sixth Congress, Mar. 12, 1981, and Senate Resolution No. 92, Ninety-sixth Congress, Mar. 12, 1981.
A prior recommendation of the President for increases in executive, legislative, and judicial salaries was transmitted to Congress on Jan. 17, 1977 (42 F.R. 10297; 91 Stat. 1643).
A prior recommendation of the President for increases in executive, legislative, and judicial salaries was transmitted to Congress on Jan. 15, 1969 (34 F.R. 2241; 83 Stat. 863).
§359. Effective date of recommendations of President
(1) None of the President's recommendations under section 358 of this title shall take effect unless approved under paragraph (2).
(2)(A) The recommendations of the President under section 358 of this title shall be considered approved under this paragraph if there is enacted into law a bill or joint resolution approving such recommendations in their entirety. This bill or joint resolution shall be passed by recorded vote to reflect the vote of each Member of Congress thereon.
(B)(i) The provisions of this subparagraph are enacted by the Congress—
(I) as an exercise of the rulemaking power of the Senate and the House of Representatives and as such shall be considered as part of the rules of each House, and shall supersede other rules only to the extent that they are inconsistent therewith; and
(II) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
(ii) During the 60-calendar-day period beginning on the date that the President transmits his recommendations to the Congress under section 358 of this title, it shall be in order as a matter of highest privilege in each House of Congress to consider a bill or joint resolution, if offered by the majority leader of such House (or a designee), approving such recommendations in their entirety.
(3) Except as provided in paragraph (4), any recommended pay adjustment approved under paragraph (2) shall take effect as of the date proposed by the President under section 358 of this title with respect to such adjustment.
(4)(A) Notwithstanding the approval of the President's pay recommendations in accordance with paragraph (2), none of those recommendations shall take effect unless, between the date on which the bill or resolution approving those recommendations is signed by the President (or otherwise becomes law) and the earliest date as of which the President proposes (under section 358 of this title) that any of those recommendations take effect, an election of Representatives shall have intervened.
(B) For purposes of this paragraph, the term "election of Representatives" means an election held on the Tuesday following the first Monday of November in any even-numbered calendar year.
(Pub. L. 90–206, title II, §225(i), Dec. 16, 1967, 81 Stat. 644; Pub. L. 95–19, title IV, §401(a), Apr. 12, 1977, 91 Stat. 45; Pub. L. 99–190, §135(e), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title VII, §701(g), Nov. 30, 1989, 103 Stat. 1765.)
Editorial Notes
Amendments
1989—Pub. L. 101–194 amended section generally. Prior to amendment, section read as follows:
"(1) The recommendations of the President which are transmitted to the Congress pursuant to section 358 of this title shall be effective as provided in paragraph (2) of this section unless any such recommendation is disapproved by a joint resolution agreed to by the Congress not later than the last day of the 30-day period which begins on the date of which such recommendations are transmitted to the Congress.
"(2) The effective date of the rate or rates of pay which take effect for an office or position under paragraph (1) of this section shall be the first day of the first pay period which begins for such office or position after the end of the 30-day period described in such paragraph."
1985—Par. (1). Pub. L. 99–190 amended par. (1) generally, substituting provisions relating to the effective date of Presidential recommendations transmitted to Congress pursuant to section 358 of this title, for provisions relating to voting requirements and procedures for Presidential recommendations to Congress.
Par. (2). Pub. L. 99–190 amended par. (2) generally, substituting provisions relating to effective date of rates of pay for offices or positions under par. (1), for provisions relating to later operative dates of Presidential recommendations.
1977—Par. (1). Pub. L. 95–19 substituted provisions directing each house of the Congress to conduct a separate vote within sixty days on each Presidential recommendation with respect to the offices and positions described in section 356(A), (B), (C), and (D) of this title, with the votes to be recorded so as to reflect the votes of each individual member and with each recommendation, if approved, to become effective for the offices and positions covered at the beginning of the first pay period which begins after the thirtieth day following the approval of the recommendation by the second house of the Congress to approve the recommendation, for provisions directing that all or part of the recommendations of the President transmitted to the Congress in the budget under section 358 of this title be effective at the beginning of the first pay period beginning after the thirtieth day following the transmittal of the recommendations to the budget, but only to the extent that, between the date of transmittal of the recommendations in the budget and the beginning of the pay period, there has not been enacted into law a statute establishing rates of pay other than the rates set in the recommendation, neither house of the Congress specifically disapproves all or part of the recommendations, or both.
Par. (2). Pub. L. 95–19 reenacted par. (2) without change.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees.
§360. Effect of recommendations on existing law and prior recommendations
The recommendations of the President taking effect as provided in section 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, title II, §225(j), Dec. 16, 1967, 81 Stat. 644; Pub. L. 95–19, title IV, §401(b), Apr. 12, 1977, 91 Stat. 46; Pub. L. 99–190, §135(f), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title VII, §701(h), Nov. 30, 1989, 103 Stat. 1766.)
Editorial Notes
Amendments
1989—Cl. (A). Pub. L. 101–194 substituted "(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" for "(other than any provision of law enacted in the period specified section 359 of this title with respect to such recommendations), and".
1985—Pub. L. 99–190 substituted "taking effect as provided in section 359 of this title shall" for "transmitted to the Congress immediately following a review conducted by the Commission in one of the fiscal years referred to in section 352(2) and (3) of this title shall, if approved by the Congress as provided in section 359 of this title,", and in cl. (A) struck out "in paragraph (1) of" before "section 359 of this title".
1977—Pub. L. 95–19 inserted ", if approved by the Congress as provided in section 359 of this title,".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees.
§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.
(Pub. L. 90–206, title II, §225(k), Dec. 16, 1967, 81 Stat. 644.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees.
§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 no 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 section 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, §225(l), as added Pub. L. 101–194, title VII, §701(i), Nov. 30, 1989, 103 Stat. 1766.)
§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, §225(m), as added Pub. L. 101–194, title VII, §701(j), Nov. 30, 1989, 103 Stat. 1767.)
§364. Provision relating to certain other pay adjustments
(1) A provision of law increasing the rate of pay payable for an office or position within the purview of subparagraph (A), (B), (C), or (D) of section 356 of this title shall not take effect before the beginning of the Congress following the Congress during which such provision is enacted.
(2) For purposes of this section, a provision of law enacted during the period beginning on the Tuesday following the first Monday of November of an even-numbered year of any Congress and ending at noon on the following January 3 shall be considered to have been enacted during the first session of the following Congress.
(3) Nothing in this section shall be considered to apply with respect to any pay increase—
(A) which takes effect under the preceding sections of this chapter;
(B) which is based on a change in the Employment Cost Index (as determined under section 704(a)(1) of the Ethics Reform Act of 1989) or which is in lieu of any pay adjustment which might otherwise be made in a year based on a change in such index (as so determined); or
(C) which takes effect under section 702 or 703 of the Ethics Reform Act of 1989.
(Pub. L. 90–206, title II, §225(n), as added Pub. L. 101–194, title VII, §701(k), Nov. 30, 1989, 103 Stat. 1767.)
Editorial Notes
References in Text
Sections 702, 703, and 704(a)(1) of the Ethics Reform Act of 1989, referred to in par. (3)(B), (C), are sections 702, 703, and 704(a)(1) of Pub. L. 101–194 which are set out as notes under sections 5303 and 5318 of Title 5, Government Organization and Employees.
CHAPTER 12—CONTESTED ELECTIONS
§381. Definitions
For purposes of this chapter:
(1) The term "election" means an official general or special election to choose a Representative in, or Delegate or Resident Commissioner to, the Congress, but that term does not include a primary election, or a caucus or convention of a political party.
(2) The term "candidate" means an individual (A) whose name is printed on the official ballot for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress, or (B) notwithstanding his name is not printed on such ballot, who seeks election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress by write-in votes, provided that he is qualified for such office and that, under the law of the State in which the congressional district is located, write-in voting for such office is permitted and he is eligible to receive write-in votes in such election.
(3) The term "contestant" means an individual who contests the election of a Member of the House of Representatives under this chapter.
(4) The term "contestee" means a Member of the House of Representatives whose election is contested under this chapter.
(5) The term "Member of the House of Representatives" means an incumbent Representative in, or Delegate or Resident Commissioner to, the Congress, or an individual who has been elected to such office but has not taken the oath of office.
(6) The term "Clerk" means the Clerk of the House of Representatives.
(7) The term "committee" means the Committee on House Oversight of the House of Representatives.
(8) The term "State" means a State of the United States and any territory or possession of the United States.
(9) The term "write-in vote" means a vote cast for a person whose name does not appear on the official ballot by writing in the name of such person on such ballot or by any other method prescribed by the law of the State in which the election is held.
(Pub. L. 91–138, §2, Dec. 5, 1969, 83 Stat. 284; Pub. L. 104–186, title II, §211(1), (2), Aug. 20, 1996, 110 Stat. 1743, 1744.)
Editorial Notes
Amendments
1996—Pub. L. 104–186, §211(1)(A)–(C), substituted "chapter:" for "chapter—" in introductory provisions, redesignated subdivs. (a) to (i) as pars. (1) to (9), respectively, and realigned margins of pars. (1) to (9).
Par. (1). Pub. L. 104–186, §211(2)(A), substituted ", or Delegate or Resident Commissioner to, the Congress, but that term" for "or Resident Commissioner to the Congress of the United States, but".
Par. (2). Pub. L. 104–186, §211(2)(B), substituted "office of Representative in, or Delegate or Resident Commissioner to, the Congress" for "House of Representatives of the United States" in subpar. (A) and "House of Representatives" in subpar. (B).
Pub. L. 104–186, §211(1)(D), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively.
Pars. (3), (4). Pub. L. 104–186, §211(2)(C), (D), struck out "of the United States" after "House of Representatives".
Par. (5). Pub. L. 104–186, §211(2)(E), substituted "term 'Member of the House of Representatives' means an incumbent Representative in, or Delegate or Resident Commissioner to, the Congress, or an individual who has been elected to such office" for "term 'Member' means an incumbent Representative in or Resident Commissioner to the Congress of the United States, or an individual who has been elected to either of such offices".
Par. (6). Pub. L. 104–186, §211(2)(F), struck out "of the United States" after "House of Representatives".
Par. (7). Pub. L. 104–186, §211(2)(G), substituted "House Oversight of the House of Representatives" for "House Administration of the House of Representatives of the United States".
Par. (8). Pub. L. 104–186, §211(2)(H), substituted "means a State of the United States and any territory or" for "includes territory and".
Par. (9). Pub. L. 104–186, §211(1)(A), (C), redesignated former subsec. (i) as par. (9).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date
Pub. L. 91–138, §19, Dec. 5, 1969, 83 Stat. 291, provided that: "The provisions of, and the repeals made by, this Act [enacting this chapter and repealing sections 201 to 226 of this title] shall apply with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after the date of enactment of this Act [Dec. 5, 1969]."
Short Title
Pub. L. 91–138, §1, Dec. 5, 1969, 83 Stat. 284, provided that: "This Act [enacting this chapter and repealing sections 201 to 226 of this title] may be cited as the 'Federal Contested Election Act'."
§382. Notice of contest
(a) Filing of notice
Whoever, having been a candidate for election in the last preceding election and claiming a right to such office, intends to contest the election of a Member of the House of Representatives, shall, within thirty days after the result of such election shall have been declared by the officer or Board of Canvassers authorized by law to declare such result, file with the Clerk and serve upon the contestee written notice of his intention to contest such election.
(b) Contents and form of notice
Such notice shall state with particularity the grounds upon which contestant contests the election and shall state that an answer thereto must be served upon contestant under section 383 of this title within thirty days after service of such notice. Such notice shall be signed by contestant and verified by his oath or affirmation.
(c) Service of notice; proof of service
Service of the notice of contest upon contestee shall be made as follows:
(1) by delivering a copy to him personally;
(2) by leaving a copy at his dwelling house or usual place of abode with a person of discretion not less than sixteen years of age then residing therein;
(3) by leaving a copy at his principal office or place of business with some person then in charge thereof;
(4) by delivering a copy to an agent authorized by appointment to receive service of such notice;
(5) by mailing a copy by registered or certified mail addressed to contestee at his residence or principal office or place of business. Service by mail is complete upon mailing; or
(6) the verified return by the person so serving such notice, setting forth the time and manner of such service shall be proof of same, and the return post office receipt shall be proof of the service of said notice mailed by registered or certified mail as aforesaid. Proof of service shall be made to the Clerk promptly and in any event within the time during which the contestee must answer the notice of contest. Failure to make proof of service does not affect the validity of the service.
(Pub. L. 91–138, §3, Dec. 5, 1969, 83 Stat. 284; Pub. L. 104–186, title II, §211(3), Aug. 20, 1996, 110 Stat. 1744.)
Editorial Notes
Amendments
1996—Subsec. (a). Pub. L. 104–186, §211(3)(A), struck out "to the House of Representatives" after "for election".
Subsec. (c)(4), (5). Pub. L. 104–186, §211(3)(B), struck out "or" at end of par. (4) and inserted "or" at end of par. (5).
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§383. Response of contestee
(a) Answer
Any contestee upon whom a notice of contest as described in section 382 of this title shall be served, shall, within thirty days after the service thereof, serve upon contestant a written answer to such notice, admitting or denying the averments upon which contestant relies. If contestee is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this shall have the effect of a denial. Such answer shall set forth affirmatively any other defenses, in law or fact, on which contestee relies. Contestee shall sign and verify such answer by oath or affirmation.
(b) Defenses by motion prior to answer
At the option of contestee, the following defenses may be made by motion served upon contestant prior to contestee's answer:
(1) Insufficiency of service of notice of contest.
(2) Lack of standing of contestant.
(3) Failure of notice of contest to state grounds sufficient to change result of election.
(4) Failure of contestant to claim right to contestee's seat.
(c) Motion for more definite statement
If a notice of contest to which an answer is required is so vague or ambiguous that the contestee cannot reasonably be required to frame a responsive answer, he may move for a more definite statement before interposing his answer. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the committee is not obeyed within ten days after notice of the order or within such other time as the committee may fix, the committee may dismiss the action, or make such order as it deems just.
(d) Time for serving answer after service of motion
Service of a motion permitted under this section alters the time for serving the answer as follows, unless a different time is fixed by order of the committee: If the committee denies the motion or postpones its disposition until the hearing on the merits, the answer shall be served within ten days after notice of such action. If the committee grants a motion for a more definite statement the answer shall be served within ten days after service of the more definite statement.
(Pub. L. 91–138, §4, Dec. 5, 1969, 83 Stat. 285.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§384. Service and filing of papers other than notice of contest
(a) Modes of service
Except for the notice of contest, every paper required to be served shall be served upon the attorney representing the party, or, if he is not represented by an attorney, upon the party himself. Service upon the attorney or upon a party shall be made:
(1) by delivering a copy to him personally;
(2) by leaving it at his principal office with some person then in charge thereof; or if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with a person of discretion not less than sixteen years of age then residing therein; or
(3) by mailing it addressed to the person to be served at his residence or principal office. Service by mail is complete upon mailing.
(b) Filing of papers with clerk
All papers subsequent to the notice of contest required to be served upon the opposing party shall be filed with the Clerk either before service or within a reasonable time thereafter.
(c) Proof of service
Papers filed subsequent to the notice of contest shall be accompanied by proof of service showing the time and manner of service, made by affidavit of the person making service or by certificate of an attorney representing the party in whose behalf service is made. Failure to make proof of service does not affect the validity of such service.
(Pub. L. 91–138, §5, Dec. 5, 1969, 83 Stat. 286.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§385. Default of contestee
The failure of contestee to answer the notice of contest or to otherwise defend as provided by this chapter shall not be deemed an admission of the truth of the averments in the notice of contest. Notwithstanding such failure, the burden is upon contestant to prove that the election results entitle him to contestee's seat.
(Pub. L. 91–138, §6, Dec. 5, 1969, 83 Stat. 286.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§386. Deposition
(a) Oral examination
Either party may take the testimony of any person, including the opposing party, by deposition upon oral examination for the purpose of discovery or for use as evidence in the contested election case, or for both purposes. Depositions shall be taken only within the time for the taking of testimony prescribed in this section.
(b) Scope of examination
Witnesses may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending contested election case, whether it relates to the claim or defense of the examining party or the claim or defense of the opposing party, including the existence, description, nature, custody, condition and location of any books, papers, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. After the examining party has examined the witness the opposing party may cross examine.
(c) Order and time of taking testimony
The order in which the parties may take testimony shall be as follows:
(1) Contestant may take testimony within thirty days after service of the answer, or, if no answer is served within the time provided in section 383 of this title, within thirty days after the time for answer has expired.
(2) Contestee may take testimony within thirty days after contestant's time for taking testimony has expired.
(3) If contestee has taken any testimony or has filed testimonial affidavits or stipulations under section 387(c) of this title, contestant may take rebuttal testimony within ten days after contestee's time for taking testimony has expired.
(d) Officer before whom testimony may be taken
Testimony shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held.
(e) Subpena
Attendance of witnesses may be compelled by subpena as provided in section 388 of this title.
(f) Taking of testimony by party or his agent
At the taking of testimony, a party may appear and act in person, or by his agent or attorney.
(g) Conduct of examination; recordation of testimony; notation of objections; interrogatories
The officer before whom testimony is to be taken shall put the witness under oath and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed. All objections made at the time of examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, a party served with a notice of deposition may transmit written interrogatories to the officer, who shall propound them to the witness and record the answers verbatim.
(h) Examination of deposition by witness; signature of witness or officer; use of deposition
When the testimony is fully transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and the parties. Any changes in the form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and note on the deposition the fact of the waiver or of the illness or the absence of the witness or the fact of refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress, the committee rules that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.
(Pub. L. 91–138, §7, Dec. 5, 1969, 83 Stat. 286.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§387. Notice of depositions
(a) Time for service; form
A party desiring to take the deposition of any person upon oral examination shall serve written notice on the opposing party not later than two days before the date of the examination. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined. A copy of such notice, together with proof of such service thereof, shall be attached to the deposition when it is filed with the Clerk.
(b) Testimony by stipulation
By written stipulation of the parties, the deposition of a witness may be taken without notice. A copy of such stipulation shall be attached to the deposition when it is filed with the Clerk.
(c) Testimony by affidavit; time for filing
By written stipulation of the parties, the testimony of any witness of either party may be filed in the form of an affidavit by such witness or the parties may agree what a particular witness would testify to if his deposition were taken. Such testimonial affidavits or stipulations shall be filed within the time limits prescribed for the taking of testimony in section 386 of this title.
(Pub. L. 91–138, §8, Dec. 5, 1969, 83 Stat. 287.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§388. Subpena for attendance at deposition
(a) Issuance
Upon application of any party, a subpena for attendance at a deposition shall be issued by:
(1) a judge or clerk of the United States district court for the district in which the place of examination is located;
(2) a judge or clerk of any court of record of the State in which the place of examination is located; or
(3) a judge or clerk of any court of record of the county in which the place of examination is located.
(b) Time, method, and proof of service
Service of the subpena shall be made upon the witness no later than three days before the day on which his attendance is directed. A subpena may be served by any person who is not a party to the contested election case and is not less than eighteen years of age. Service of a subpena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to him the fee for one day's attendance and the mileage allowed by section 389 of this title. Written proof of service shall be made under oath by the person making same and shall be filed with the Clerk.
(c) Place of examination
A witness may be required to attend an examination only in the county wherein he resides or is employed, or transacts his business in person, or is served with a subpena, or within forty miles of the place of service.
(d) Form
Every subpena shall state the name and title of the officer issuing same and the title of the contested election case, and shall command each person to whom it is directed to attend and give testimony at a time and place and before an officer specified therein.
(e) Production of documents
A subpena may also command the person to whom it is directed to produce the books, papers, documents, or other tangible things designated therein, but the committee, upon motion promptly made and in any event at or before the time specified in the subpena for compliance therewith, may (1) quash or modify the subpena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the party in whose behalf the subpena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. In the case of public records or documents, copies thereof, certified by the person having official custody thereof, may be produced in lieu of the originals.
(Pub. L. 91–138, §9, Dec. 5, 1969, 83 Stat. 288.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§389. Officer and witness fees
(a) Each judge, clerk of court, or other officer who issues any subpena or takes a deposition and each person who serves any subpena or other paper herein authorized shall be entitled to receive from the party at whose instance the service shall have been performed such fees as are allowed for similar services in the district courts of the United States.
(b) Witnesses whose depositions are taken shall be entitled to receive from the party at whose instance the witness appeared the same fees and travel allowance paid to witnesses subpenaed to appear before the House of Representatives or its committees.
(Pub. L. 91–138, §10, Dec. 5, 1969, 83 Stat. 288.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§390. Penalty for failure to appear, testify, or produce documents
Every person who, having been subpenaed as a witness under this chapter to give testimony or to produce documents, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the contested election case, shall be deemed guilty of a misdemeanor punishable by fine of not more than $1,000 nor less than $100 or imprisonment for not less than one month nor more than twelve months, or both.
(Pub. L. 91–138, §11, Dec. 5, 1969, 83 Stat. 288.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§391. Certification and filing of depositions
(a) Sealing of papers; deposit with clerk
The officer before whom any deposition is taken shall certify thereon that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition, together with any papers produced by the witness and the notice of deposition or stipulation, if the deposition was taken without notice, in an envelope endorsed with the title of the contested election case and marked "Deposition of (here insert name of witness)" and shall within thirty days after completion of the witness' testimony, file it with the Clerk.
(b) Notification of filing
After filing the deposition, the officer shall promptly notify the parties of its filing.
(c) Copy of deposition to parties or deponents
Upon payment of reasonable charges therefor, not to exceed the charges allowed in the district court of the United States for the district wherein the place of examination is located, the officer shall furnish a copy of deposition to any party or the deponent.
(Pub. L. 91–138, §12, Dec. 5, 1969, 83 Stat. 289.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§392. Record
(a) Hearing on papers, depositions, and exhibits
Contested election cases shall be heard by the committee on the papers, depositions, and exhibits filed with the Clerk. Such papers, depositions, and exhibits shall constitute the record of the case.
(b) Appendix to contestant's brief
Contestant shall print as an appendix to his brief those portions of the record which he desires the committee to consider in order to decide the case and such other portions of the record as may be prescribed by the rules of the committee.
(c) Appendix to contestee's brief
Contestee shall print as an appendix to his brief those portions of the record not printed by contestant which contestee desires the committee to consider in order to decide the case.
(d) Contestant's brief; service on contestee
Within forty-five days after the time for both parties to take testimony has expired, contestant shall serve on contestee his printed brief of the facts and authorities relied on to establish his case together with his appendix.
(e) Contestee's brief; service on contestant
Within thirty days of service of contestant's brief and appendix, contestee shall serve on contestant his printed brief of the facts and authorities relied on to establish his case together with his appendix.
(f) Reply brief of contestant
Within ten days after service of contestee's brief and appendix, contestant may serve on contestee a printed reply brief.
(g) Form of briefs; number of copies served and filed
The form and length of the briefs, the form of the appendixes, and the number of copies to be served and filed shall be in accordance with such rules as the committee may prescribe.
(Pub. L. 91–138, §13, Dec. 5, 1969, 83 Stat. 289.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§393. Filing of pleadings, motions, depositions, appendixes, briefs, and other papers
(a) Filings of pleadings, motions, depositions, appendixes, briefs, and other papers shall be accomplished by:
(1) delivering a copy thereof to the Clerk of the House of Representatives at his office in Washington, District of Columbia, or to a member of his staff at such office; or
(2) mailing a copy thereof, by registered or certified mail, addressed to the Clerk at the House of Representatives, Washington, District of Columbia: Provided, That if such copy is not actually received, another copy shall be filed within a reasonable time; and
(3) delivering or mailing, simultaneously with the delivery or mailing of a copy thereof under paragraphs (1) and (2) of this subsection, such additional copies as the committee may by rule prescribe.
(b) All papers filed with the Clerk pursuant to this chapter shall be promptly transmitted by him to the committee.
(Pub. L. 91–138, §14, Dec. 5, 1969, 83 Stat. 289.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§394. Computation of time
(a) Method of computing time
In computing any period of time prescribed or allowed by this chapter or by the rules or any order of the committee, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. For the purposes of this chapter, "legal holiday" shall mean New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States.
(b) Service by mail
Whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after the service of a pleading, motion, notice, brief, or other paper upon him, which is served upon him by mail, three days shall be added to the prescribed period.
(c) Enlargement of time
When by this chapter or by the rules or any order of the committee an act is required or allowed to be done at or within a specified time, the committee, for good cause shown, may at any time in its discretion (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect, but it shall not extend the time for serving and filing the notice of contest under section 382 of this title.
(Pub. L. 91–138, §15, Dec. 5, 1969, 83 Stat. 290.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§395. Death of contestant
In the event of the death of the contestant, the contested election case shall abate.
(Pub. L. 91–138, §16, Dec. 5, 1969, 83 Stat. 290.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
§396. Allowance of party's expenses
The committee may allow any party reimbursement from the applicable accounts of the House of Representatives of his reasonable expenses of the contested election case, including reasonable attorneys fees, upon the verified application of such party accompanied by a complete and detailed account of his expenses and supporting vouchers and receipts.
(Pub. L. 91–138, §17, Dec. 5, 1969, 83 Stat. 290; Pub. L. 104–186, title II, §211(4), Aug. 20, 1996, 110 Stat. 1744.)
Editorial Notes
Amendments
1996—Pub. L. 104–186 substituted "applicable accounts" for "contingent fund".
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
CHAPTER 13—JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS
§§411 to 417. Repealed. Pub. L. 104–186, title II, §212(1)(A), (2), Aug. 20, 1996, 110 Stat. 1745
Section 411, Pub. L. 91–510, title IV, §401, Oct. 26, 1970, 84 Stat. 1187, created a 10-member Joint Committee on Congressional Operations.
Section 412, Pub. L. 91–510, title IV, §402, Oct. 26, 1970, 84 Stat. 1187, enumerated duties of Joint Committee.
Section 412a, based on H. Res. No. 988, §206, Ninety-third Congress, Oct. 8, 1974, enacted into permanent law by Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777, related to continuing study of jurisdiction of House standing committees by House members of Joint Committee, periodic report to House Committee on Rules, and contents and purposes of such report.
Section 413, Pub. L. 91–510, title IV, §403, Oct. 26, 1970, 84 Stat. 1188, related to powers of Joint Committee, including rulemaking, issuing subpenas, and administering oaths.
Section 414, Pub. L. 91–510, title IV, §404, Oct. 26, 1970, 84 Stat. 1188, authorized Joint Committee to appoint and manage professional staff members and to utilize Government services, personnel, consultants, and experts.
Section 415, Pub. L. 91–510, title IV, §405, Oct. 26, 1970, 84 Stat. 1188, related to records of Joint Committee.
Section 416, Pub. L. 91–510, title IV, §406, Oct. 26, 1970, 84 Stat. 1189, established Office of Placement and Office Management which was subject to supervision and control of Joint Committee.
Section 417, Pub. L. 91–510, title IV, §407, Oct. 26, 1970, 84 Stat. 1189, directed that expenses of Joint Committee be paid from contingent fund of House of Representatives.
CHAPTER 14—FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I—DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
SUBCHAPTER II—GENERAL PROVISIONS
SUBCHAPTER I—DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
§431. Transferred
Editorial Notes
Codification
Section 431 was editorially reclassified as section 30101 of Title 52, Voting and Elections.
§432. Transferred
Editorial Notes
Codification
Section 432 was editorially reclassified as section 30102 of Title 52, Voting and Elections.
§433. Transferred
Editorial Notes
Codification
Section 433 was editorially reclassified as section 30103 of Title 52, Voting and Elections.
§434. Transferred
Editorial Notes
Codification
Section 434 was editorially reclassified as section 30104 of Title 52, Voting and Elections.
§§435, 436. Repealed. Pub. L. 96–187, title I, §105(1), Jan. 8, 1980, 93 Stat. 1354
Section 435, Pub. L. 92–225, title III, §305, Feb. 7, 1972, 86 Stat. 16; Pub. L. 93–443, title II, §205(a), Oct. 15, 1974, 88 Stat. 1278, related to requirements for campaign advertising.
Section 436, Pub. L. 92–225, title III, §306, Feb. 7, 1972, 86 Stat. 16; Pub. L. 93–443, title II, §§206, 207, 208(c)(5), Oct. 15, 1974, 88 Stat. 1278, 1279, 1286; Pub. L. 94–283, title I, §115(a), May 11, 1976, 90 Stat. 495, set forth formal requirements respecting reports and statements.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as an Effective Date of 1980 Amendment note under section 30101 of Title 52, Voting and Elections.
§437. Transferred
Editorial Notes
Codification
Section 437 was editorially reclassified as section 30105 of Title 52, Voting and Elections.
§437a. Repealed. Pub. L. 94–283, title I, §105, May 11, 1976, 90 Stat. 481
Section, Pub. L. 92–225, title III, §308, as added Pub. L. 93–443, title II, §208(a), Oct. 15, 1974, 88 Stat. 1279, required the filing of reports with the Commission by certain named persons other than individuals who act to influence others to vote for or against political candidates. See section 30120 et seq. of Title 52, Voting and Elections.
Statutory Notes and Related Subsidiaries
Savings Provision
Repeal by Pub. L. 94–283 not to release or extinguish any penalty, forfeiture, or liability incurred under this section, with this section or penalty to be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of any penalty, forfeiture, or liability, see section 114 of Pub. L. 94–283, set out as a note under section 441 of this title.
§437b. Repealed. Pub. L. 96–187, title I, §105(1), Jan. 8, 1980, 93 Stat. 1354
Section, Pub. L. 92–225, title III, §308, formerly §309, as added Pub. L. 93–443, title II, §208(a), Oct. 15, 1974, 88 Stat. 1280; renumbered §308 and amended Pub. L. 94–283, title I, §§105, 106, 115(i), May 11, 1976, 90 Stat. 481, 496, set forth provisions respecting designation, etc., of campaign depositories.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as an Effective Date of 1980 Amendment note under section 30101 of Title 52, Voting and Elections.
§437c. Transferred
Editorial Notes
Codification
Section 437c was editorially reclassified as section 30106 of Title 52, Voting and Elections.
§437d. Transferred
Editorial Notes
Codification
Section 437d was editorially reclassified as section 30107 of Title 52, Voting and Elections.
§437e. Repealed. Pub. L. 96–187, title I, §105(1), Jan. 8, 1980, 93 Stat. 1354
Section, Pub. L. 92–225, title III, §311, formerly §312, as added Pub. L. 93–443, title II, §208(a), Oct. 15, 1974, 88 Stat. 1283; renumbered §311, Pub. L. 94–283, title I, §105, May 11, 1976, 90 Stat. 481, related to reports to the President and Congress.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as an Effective Date of 1980 Amendment note under section 30101 of Title 52, Voting and Elections.
§437f. Transferred
Editorial Notes
Codification
Section 437f was editorially reclassified as section 30108 of Title 52, Voting and Elections.
§437g. Transferred
Editorial Notes
Codification
Section 437g was editorially reclassified as section 30109 of Title 52, Voting and Elections.
§437h. Transferred
Editorial Notes
Codification
Section 437h was editorially reclassified as section 30110 of Title 52, Voting and Elections.
§438. Transferred
Editorial Notes
Codification
Section 438 was editorially reclassified as section 30111 of Title 52, Voting and Elections.
Statutory Notes and Related Subsidiaries
Annual Reports for Calendar Years Beginning After Dec. 31, 1972
Pub. L. 93–443, title II, §209(a)(2), Oct. 15, 1974, 88 Stat. 1287, provided that notwithstanding a provision of the Federal Election Campaign Act of 1971 requiring an annual report, no such annual report was required with respect to any calendar year beginning after December 31, 1972.
§438a. Transferred
Editorial Notes
Codification
Section 438a was editorially reclassified as section 30112 of Title 52, Voting and Elections.
§439. Transferred
Editorial Notes
Codification
Section 439 was editorially reclassified as section 30113 of Title 52, Voting and Elections.
§439a. Transferred
Editorial Notes
Codification
Section 439a was editorially reclassified as section 30114 of Title 52, Voting and Elections.
§439b. Repealed. Pub. L. 96–187, title I, §105(1), Jan. 8, 1980, 93 Stat. 1354
Section, Pub. L. 92–225, title III, §318, formerly §319, as added Pub. L. 93–443, title II, §210, Oct. 15, 1974, 88 Stat. 1289; renumbered §318, Pub. L. 94–283, title I, §105, May 11, 1976, 90 Stat. 481, set forth prohibitions respecting franked solicitations.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as an Effective Date of 1980 Amendment note under section 30101 of Title 52, Voting and Elections.
§439c. Transferred
Editorial Notes
Codification
Section 439c was editorially reclassified as section 30115 of Title 52, Voting and Elections.
§440. Repealed. Pub. L. 93–443, title I, §101(f)(4), Oct. 15, 1974, 88 Stat. 1268
Section, Pub. L. 92–225, title III, §310, Feb. 7, 1972, 86 Stat. 19, related to prohibition of contributions in the name of another. See section 30122 of Title 52, Voting and Elections.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 30101 of Title 52, Voting and Elections.
§441. Repealed. Pub. L. 94–283, title I, §112(1), May 11, 1976, 90 Stat. 486
Section, Pub. L. 92–225, title III, §320, formerly §311, Feb. 7, 1972, 86 Stat. 19; renumbered §321, Pub. L. 93–443, title II, §208(a), Oct. 15, 1974, 88 Stat. 1279; renumbered §320, Pub. L. 94–283, title I, §105, May 11, 1976, 90 Stat. 481, provided penalties of not more than $1,000 fine or not more than 1 year imprisonment, or both for violations of this subchapter.
Statutory Notes and Related Subsidiaries
Savings Provision
Pub. L. 94–283, title I, §114, May 11, 1976, 90 Stat. 495, provided that: "Except as otherwise provided by this Act [see Tables for classification], the repeal by this Act of any section or penalty shall not have the effect of releasing or extinguishing any penalty, forfeiture, or liability incurred under such section or penalty, and such section or penalty shall be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of any penalty, forfeiture, or liability."
§441a. Transferred
Editorial Notes
Codification
Section 441a was editorially reclassified as section 30116 of Title 52, Voting and Elections.
§441a–1. Transferred
Editorial Notes
Codification
Section 441a–1 was editorially reclassified as section 30117 of Title 52, Voting and Elections.
§441b. Transferred
Editorial Notes
Codification
Section 441b was editorially reclassified as section 30118 of Title 52, Voting and Elections.
§441c. Transferred
Editorial Notes
Codification
Section 441c was editorially reclassified as section 30119 of Title 52, Voting and Elections.
§441d. Transferred
Editorial Notes
Codification
Section 441d was editorially reclassified as section 30120 of Title 52, Voting and Elections.
§441e. Transferred
Editorial Notes
Codification
Section 441e was editorially reclassified as section 30121 of Title 52, Voting and Elections.
§441f. Transferred
Editorial Notes
Codification
Section 441f was editorially reclassified as section 30122 of Title 52, Voting and Elections.
§441g. Transferred
Editorial Notes
Codification
Section 441g was editorially reclassified as section 30123 of Title 52, Voting and Elections.
§441h. Transferred
Editorial Notes
Codification
Section 441h was editorially reclassified as section 30124 of Title 52, Voting and Elections.
§441i. Transferred
Editorial Notes
Codification
Section 441i was editorially reclassified as section 30125 of Title 52, Voting and Elections.
§441j. Repealed. Pub. L. 96–187, title I, §105(1), Jan. 8, 1980, 93 Stat. 1354
Section, Pub. L. 92–225, title III, §329, as added Pub. L. 94–283, title I, §112(2), May 11, 1976, 90 Stat. 494, set forth provisions respecting penalties for violations of the Federal Election Campaign Act of 1971.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as an Effective Date of 1980 Amendment note under section 30101 of Title 52, Voting and Elections.
§441k. Transferred
Editorial Notes
Codification
Section 441k was editorially reclassified as section 30126 of Title 52, Voting and Elections.
§442. Transferred
Editorial Notes
Codification
Section 442 was editorially reclassified as section 6566 of this title.
SUBCHAPTER II—GENERAL PROVISIONS
§451. Transferred
Editorial Notes
Codification
Section 451 was editorially reclassified as section 30141 of Title 52, Voting and Elections.
§452. Transferred
Editorial Notes
Codification
Section 452 was editorially reclassified as section 30142 of Title 52, Voting and Elections.
§453. Transferred
Editorial Notes
Codification
Section 453 was editorially reclassified as section 30143 of Title 52, Voting and Elections.
§454. Transferred
Editorial Notes
Codification
Section 454 was editorially reclassified as section 30144 of Title 52, Voting and Elections.
§455. Transferred
Editorial Notes
Codification
Section 455 was editorially reclassified as section 30145 of Title 52, Voting and Elections.
§456. Repealed. Pub. L. 94–283, title I, §111, May 11, 1976, 90 Stat. 486
Section, Pub. L. 92–225, title IV, §407, as added Pub. L. 93–443, title III, §302, Oct. 15, 1974, 88 Stat. 1290, gave Commission additional enforcement authority by providing for disqualification of candidates for Federal office from elections for Federal office for a period of time following a finding by Commission that candidate failed to file a required report.
Statutory Notes and Related Subsidiaries
Savings Provision
Repeal by Pub. L. 94–283 not to release or extinguish any penalty, forfeiture, or liability incurred under this section or penalty, with this section or penalty to be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of any penalty, forfeiture, or liability, see section 114 of Pub. L. 94–283, set out as a note under section 441 of this title.
§457. Transferred
Editorial Notes
Codification
Section 457 was editorially reclassified as section 30146 of Title 52, Voting and Elections.
CHAPTER 15—OFFICE OF TECHNOLOGY ASSESSMENT
§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, §2, Oct. 13, 1972, 86 Stat. 797.)
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 92–484, §1, Oct. 13, 1972, 86 Stat. 797, provided: "That this Act [enacting this chapter and amending section 1862 of Title 42, The Public Health and Welfare] may be cited as the 'Technology Assessment Act of 1972'."
Termination of Office of Technology Assessment
Pub. L. 104–53, title I, §§113, 114, Nov. 19, 1995, 109 Stat. 526, provided that:
"
"
§472. Office of Technology Assessment
(a) Creation
In accordance with the findings and declaration of purpose in section 471 of this title, there is hereby created the Office of Technology Assessment (hereinafter referred to as the "Office") which shall be within and responsible to the legislative branch of the Government.
(b) Composition
The Office shall consist of a Technology Assessment Board (hereinafter referred to as the "Board") which shall formulate and promulgate the policies of the Office, and a Director who shall carry out such policies and administer the operations of the Office.
(c) Functions and duties
The basic function of the Office shall be to provide early indications of the probable beneficial and adverse impacts of the applications of technology and to develop other coordinate information which may assist the Congress. In carrying out such function, the Office shall:
(1) identify existing or probable impacts of technology or technological programs;
(2) where possible, ascertain cause-and-effect relationships;
(3) identify alternative technological methods of implementing specific programs;
(4) identify alternative programs for achieving requisite goals;
(5) make estimates and comparisons of the impacts of alternative methods and programs;
(6) present findings of completed analyses to the appropriate legislative authorities;
(7) identify areas where additional research or data collection is required to provide adequate support for the assessments and estimates described in paragraph (1) through (5) of this subsection; and
(8) undertake such additional associated activities as the appropriate authorities specified under subsection (d) 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, §3, Oct. 13, 1972, 86 Stat. 797.)
§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, §4, Oct. 13, 1972, 86 Stat. 798.)
§474. Director of Office of Technology Assessment
(a) Appointment; term; compensation
The Director of the Office of Technology Assessment shall be appointed by the Board and shall serve for a term of six years unless sooner removed by the Board. He shall receive basic pay at the rate provided for level III of the Executive Schedule under section 5314 of title 5.
(b) Powers and duties
In addition to the powers and duties vested in him by this chapter, 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, §5, Oct. 13, 1972, 86 Stat. 799.)
§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 6101 of title 41;
(3) make advance, progress, and other payments which relate to technology assessment without regard to the provisions of section 3324(a) and (b) of title 31;
(4) accept and utilize the services of voluntary and uncompensated personnel necessary for the conduct of the work of the Office and provide transportation and subsistence as authorized by section 5703 of title 5, for persons serving without compensation;
(5) acquire by purchase, lease, loan, or gift, and hold and dispose of by sale, lease, or loan, real and personal property of all kinds necessary for or resulting from the exercise of authority granted by this chapter; and
(6) prescribe such rules and regulations as it deems necessary governing the operation and organization of the Office.
(b) Recordkeeping by contractors and other parties entering into contracts and other arrangements with Office; availability of books and records to Office and Comptroller General for audit and examination
Contractors and other parties entering into contracts and other arrangements under this section which involve costs to the Government shall maintain such books and related records as will facilitate an effective audit in such detail and in such manner as shall be prescribed by the Office, and such books and records (and related documents and papers) shall be available to the Office and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination.
(c) Operation of laboratories, pilot plants, or test facilities
The Office, in carrying out the provisions of this chapter, shall not, itself, operate any laboratories, pilot plants, or test facilities.
(d) Requests to executive departments or agencies for information, suggestions, estimates, statistics, and technical assistance; duty of executive departments and agencies to furnish information, etc.
The Office is authorized to secure directly from any executive department or agency information, suggestions, estimates, statistics, and technical assistance for the purpose of carrying out its functions under this chapter. Each such executive department or agency shall furnish the information, suggestions, estimates, statistics, and technical assistance directly to the Office upon its request.
(e) Requests to heads of executive departments or agencies for detail of personnel; reimbursement
On request of the Office, the head of any executive department or agency may detail, with or without reimbursement, any of its personnel to assist the Office in carrying out its functions under this chapter.
(f) Appointment and compensation of personnel
The Director shall, in accordance with such policies as the Board shall prescribe, appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this chapter.
(Pub. L. 92–484, §6, Oct. 13, 1972, 86 Stat. 799.)
Editorial Notes
Codification
In subsec. (a)(2), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (41 U.S.C. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (a)(3), "section 3324(a) and (b) of title 31" substituted for "section 3648 of the Revised Statutes (31 U.S.C. 529)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
§476. Technology Assessment Advisory Council
(a) Establishment; composition
The Office shall establish a Technology Assessment Advisory Council (hereinafter referred to as the "Council"). The Council shall be composed of the following twelve members:
(1) ten members from the public, to be appointed by the Board, who shall be persons eminent in one or more fields of the physical, biological, or social sciences or engineering or experienced in the administration of technological activities, or who may be judged qualified on the basis of contributions made to educational or public activities;
(2) the Comptroller General; and
(3) the Director of the Congressional Research Service of the Library of Congress.
(b) Duties
The Council, upon request by the Board, shall—
(1) review and make recommendations to the Board on activities undertaken by the Office or on the initiation thereof in accordance with section 472(d) of this title;
(2) review and make recommendations to the Board on the findings of any assessment made by or for the Office; and
(3) undertake such additional related tasks as the Board may direct.
(c) Chairman and Vice Chairman; election by Council from members appointed from public; terms and conditions of service
The Council by majority vote, shall elect from its members appointed under subsection (a)(1) of this section a Chairman and a Vice Chairman, who shall serve for such time and under such conditions as the Council may prescribe. In the absence of the Chairman, or in the event of his incapacity, the Vice Chairman shall act as Chairman.
(d) Terms of office of members appointed from public; reappointment
The term of office of each member of the Council appointed under subsection (a)(1) shall be four years except that any such member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. No person shall be appointed a member of the Council under subsection (a)(1) more than twice. Terms of the members appointed under subsection (a)(1) 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) 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 1 5704 of title 5), and other necessary expenses incurred by them in the performance of duties vested in the Council, without regard to the provisions of subchapter 1 of chapter 57 and section 5731 of title 5, and regulations promulgated thereunder.
(2) The members of the Council appointed under subsection (a)(1) 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, §7, Oct. 13, 1972, 86 Stat. 800; Pub. L. 99–234, title I, §107(a), Jan. 2, 1986, 99 Stat. 1759.)
Editorial Notes
Amendments
1986—Subsec. (e)(1). Pub. L. 99–234 substituted "payments when traveling on official business at not to exceed the payment prescribed in regulations implementing section 5702 and in" for "a per diem in lieu of subsistence at not to exceed the rate prescribed in sections 5702 and".
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–234 effective on effective date of regulations to be promulgated not later than 150 days after Jan. 2, 1986, or 180 days after Jan. 2, 1986, whichever occurs first, see section 301(a) of Pub. L. 99–234, set out as a note under section 5701 of Title 5, Government Organization and Employees.
Termination of Advisory Councils
Advisory councils in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
1 So in original. Probably should be followed by "section".
§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, §8, Oct. 13, 1972, 86 Stat. 801.)
§478. Utilization of the Government Accountability Office
(a) Authority of Government Accountability Office to furnish financial and administrative services
Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel, and procurement) and such other services as may be appropriate shall be provided the Office by the Government Accountability Office.
(b) Scope of services and assistance
Such services and assistance to the Office shall include, but not be limited to, all of the services and assistance which the Government Accountability Office is otherwise authorized to provide to the Congress.
(c) Services or responsibilities performed by Government Accountability Office for Congress not altered or modified
Nothing in this section shall alter or modify any services or responsibilities, other than those performed for the Office, which the Government Accountability Office under law performs for or on behalf of the Congress.
(d) Reimbursement for services and assistance
Services and assistance made available to the Office by the Government Accountability Office in accordance with this section may be provided with or without reimbursement from funds of the Office, as agreed upon by the Board and the Comptroller General.
(Pub. L. 92–484, §9, Oct. 13, 1972, 86 Stat. 802; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
Editorial Notes
Amendments
2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in section catchline and wherever appearing in text.
§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.
(Pub. L. 92–484, §10(a), Oct. 13, 1972, 86 Stat. 802.)
§480. Omitted
Editorial Notes
Codification
Section, Pub. L. 92–484, §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.
§481. Authorization of appropriations; availability of appropriations
(a) To enable the Office to carry out its powers and duties, there is hereby authorized to be appropriated to the Office, out of any money in the Treasury not otherwise appropriated, not to exceed $5,000,000 in the aggregate for the two fiscal years ending June 30, 1973, and June 30, 1974, and thereafter such sums as may be necessary.
(b) Appropriations made pursuant to the authority provided in subsection (a) shall remain available for obligation, for expenditure, or for obligation and expenditure for such period or periods as may be specified in the Act making such appropriations.
(Pub. L. 92–484, §12, Oct. 13, 1972, 86 Stat. 803.)
CHAPTER 16—CONGRESSIONAL MAILING STANDARDS
§501. House Communications Standards Commission
(a) Establishment; designation
There is established a special commission of the House of Representatives, designated the "House Communications Standards Commission" (herein referred to as the "Commission").
(b) Membership; political party representation; Chairman; vacancies; quorum
The Commission shall be composed of six Members appointed by the Speaker of the House, three from the majority political party, and three from the minority political party, in the House. The Speaker shall designate as Chairman of the Commission, from among the members of the Committee on Post Office and Civil Service of the House, one of the Members appointed to the Commission. A vacancy in the membership of the Commission shall be filled in the same manner as the original appointment. Four members of the Commission shall constitute a quorum to do business.
(c) Assistance and use of personnel, including chief counsel, of Committee on Post Office and Civil Service of the House
In performing its duties and functions, the Commission may use such personnel, office space, equipment, and facilities of, and obtain such other assistance from, the Committee on Post Office and Civil Service of the House, as such committee shall make available to the Commission. Such personnel and assistance shall include, in all cases, the services and assistance of the chief counsel or other head of the professional staff (by whatever title designated) of such committee. All assistance so furnished to the Commission by the Committee on Post Office and Civil Service shall be sufficient to enable the Commission to perform its duties and functions efficiently and effectively.
(d) Advisory opinions or consultations respecting franked mail for persons entitled to franking privilege; franking privilege regulations
(1) The Commission 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, in connection with the operation of section 3215, of title 39, and in connection with any other Federal law (other than any law which imposes any criminal penalty) or any rule of the House of Representatives relating to franked mail, upon the request of any Member of the House or Member-elect, Resident Commissioner or Resident Commissioner-elect, Delegate or Delegate-elect, any former Member of the House or former Member-elect, Resident Commissioner or Resident Commissioner-elect, Delegate or Delegate-elect, any surviving spouse of any of the foregoing (or any individual designated by the Clerk of the House under section 3218 of title 39), or any other House official or former House official, entitled to send mail as franked mail under any of those sections. The Commission shall prescribe regulations governing the proper use of the franking privilege under those sections by such persons.
(2) In addition to the guidance, assistance, advice, and counsel described in paragraph (1), the Commission shall provide—
(A) guidance, assistance, advice, and counsel, through advisory opinions or consultations, in connection with any law and with any rule or regulation of the House of Representatives governing the dissemination of mass communications other than franked mail; and
(B) guidance, assistance, advice, and counsel in connection with any law and with any rule or regulation of the House of Representatives governing the official content of other official communications of any quantity, whether solicited or unsolicited.
(e) Complaint of franked mail violations; investigation; notice and hearing; conclusiveness of findings; decision of Commission; judicial review; reference of certain violations to Committee on Standards of Official Conduct of the House for appropriate action and enforcement; administrative procedure regulations
Any complaint that a violation of any provision of law or any rule or regulation of the House of Representatives to which subsection (d) applies is about to occur, or has occurred within the immediately preceding period of one year, by any person referred to in such subsection (d), shall contain pertinent factual material and shall conform to regulations prescribed by the Commission. The Commission, 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 Commission 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 Commission. The Commission 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 Commission. Such findings of fact by the Commission on which its decision is based are binding and conclusive for all judicial and administrative purposes, including purposes of any judicial challenge or review. Any judicial review of such decision, if ordered on any ground, shall be limited to matters of law. If the Commission finds in its written decision, that a serious and willful violation has occurred or is about to occur, it may refer such decision to the Committee on Standards of Official Conduct of the House of Representatives for appropriate action and enforcement by the committee concerned in accordance with applicable rules and precedents of the House and such other standards as may be prescribed by such committee. In the case of a former Member of the House or a former Member-elect, a former Resident Commissioner or Delegate or Resident Commissioner-elect or Delegate-elect, any surviving spouse of any of the foregoing (or any individual designated by the Clerk of the House under section 3218 of title 39), or any other former House official, if the Commission finds in its written decision that any serious and willful violation has occurred or is about to occur, then the Commission may refer the matter to any appropriate law enforcement agency or official for appropriate remedial action. 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 any provision of law or any rule or regulation of the House of Representatives to which subsection (d) applies, except judicial review of the decisions of the Commission under this subsection. The Commission 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.
(f) Procedural considerations; sessions, place and time; subpenas, issuance and service; oaths and affirmations; testimony; printing and binding; expenditures; organizational and procedural regulations; majority assent
The Commission may sit and act at such places and times during the sessions, recesses, and adjourned periods of Congress, require by subpena or otherwise the attendance of such witnesses and the production of such books, papers, and documents, administer such oaths and affirmations, take such testimony, procure such printing and binding, and make such expenditures, as the Commission considers advisable. The Commission may make such rules respecting its organization and procedures as it considers necessary, except that no action shall be taken by the Commission unless a majority of the Commission assent. Subpenas may be issued over the signature of the Chairman of the Commission or of any member designated by him or by the Commission, and may be served by such person or persons as may be designated by such Chairman or member. The Chairman of the Commission or any member thereof may administer oaths or affirmations to witnesses.
(g) Property of Commission; records; voting record; location of records, data, and files
The Commission 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 Commission shall be the property of the Commission and shall be kept in the offices of the Commission or such other places as the Commission may direct.
(h) Definition of mass communication
In this section, the term "mass communication" means a mass mailing described in section 3210(a)(6)(E) of title 39 or any other unsolicited communication of substantially identical content which is transmitted to 500 or more persons in a session of Congress, as provided under regulations of the Commission, except that such term does not include—
(1) any communication from an individual described in subsection (d) to another individual described in subsection (d), a Senator, or any Federal, State, local, or Tribal government official;
(2) any news release to the communications media;
(3) any such mass mailing or unsolicited communication made in direct response to a communication from a person to whom the mass mailing or unsolicited communication was transmitted; or
(4) in the case of any such unsolicited communication which is transmitted in a digital format, a communication for which the cost of the content is less than a threshold amount established under regulations of the House Communications Standards Commission.
(Pub. L. 93–191, §5, Dec. 18, 1973, 87 Stat. 742; Pub. L. 93–255, §3(a), Mar. 27, 1974, 88 Stat. 52; Pub. L. 97–69, §7, Oct. 26, 1981, 95 Stat. 1043; Pub. L. 116–260, div. I, title I, §116(b)(1), (c)(1), Dec. 27, 2020, 134 Stat. 1637, 1638.)
Editorial Notes
Amendments
2020—Subsec. (a). Pub. L. 116–260, §116(b)(1), substituted "House Commission on Congressional Mailing Standards" for "House Commission on Congressional Mailing Standards".
Subsec. (d). Pub. L. 116–260, §116(c)(1)(A), designated existing provisions as par. (1) and added par. (2).
Subsec. (e). Pub. L. 116–260, §116(c)(1)(B), in first sentence, substituted "Any complaint that a violation of any provision of law or any rule or regulation of the House of Representatives to which subsection (d) applies is about to occur" for "Any complaint by any person that a violation of any section of title 39 referred to in subsection (d) of this section (or any other Federal law which does not include any criminal penalty or any rule of the House of Representatives relating to franked mail) is about to occur" and in tenth sentence, substituted "a violation of any provision of law or any rule or regulation of the House of Representatives to which subsection (d) applies," for "a violation of the franking laws or an abuse of the franking privilege by any person listed under subsection (d) of this section as entitled to send mail as franked mail,".
Subsec. (h). Pub. L. 116–260, §116(c)(1)(C), added subsec. (h).
1981—Subsec. (d). Pub. L. 97–69, §7(a)(1), (b), inserted references to Federal laws (other than laws which impose criminal penalties), to rules of the House of Representatives relating to franked mail, to former Members of the House of Representatives or Members-elect, Resident Commissioners or Resident Commissioners-elect, Delegates or Delegates-elect, and former House officials, and to individuals designated by the Clerk of the House under section 3218 of title 39.
Subsec. (e). Pub. L. 97–69, §7(a)(2), (c), inserted reference to Federal laws that do not include criminal penalties or rules of the House of Representatives relating to franked mail and inserted provision that, in the case of a former Member of the House or a former Member-elect, a former Resident Commissioner or Delegate or Resident Commissioner-elect or Delegate-elect, any surviving spouse of any of the foregoing (or any individual designated by the Clerk of the House under section 3218 of title 39), or any other former House official, if the Commission finds in its written decision that any serious and willful violation has occurred or is about to occur, then the Commission may refer the matter to any appropriate law enforcement agency or official for appropriate remedial action.
1974—Subsec. (d). Pub. L. 93–255 inserted reference to section 3219 of title 39.
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 116–260, div. I, title I, §116(b)(3), Dec. 27, 2020, 134 Stat. 1637, provided that: "Any reference in any rule, regulation, or other document to the House Commission on Congressional Mailing Standards shall be deemed to be a reference to the House Communications Standards Commission."
Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Effective Date of 2020 Amendment
Pub. L. 116–260, div. I, title I, §116(f), Dec. 27, 2020, 134 Stat. 1641, provided that: "Except as provided in subsection (e)(5)(B), this section and the amendments made by this section [amending this section, sections 503 and 506 of this title, and sections 3210, 3216, and 3220 of Title 39, Postal Service] shall apply with respect to communications disseminated on or after the date of the enactment of this Act [Dec. 27, 2020]."
Effective Date
Section effective Dec. 18, 1973, see section 14 of Pub. L. 93–191, set out as an Effective Date of 1973 Amendment note under section 3210 of Title 39, Postal Service.
Short Title of 2020 Amendment
Pub. L. 116–260, div. I, title I, §116(a), Dec. 27, 2020, 134 Stat. 1637, provided that: "This section [amending this section, sections 503 and 506 of this title, and sections 3210, 3216, and 3220 of Title 39, Postal Service, and enacting provisions set out as notes under this section and section 3210 of Title 39] may be cited as the 'Communications Outreach Media and Mail Standards Act' or the 'COMMS Act'."
Abolition of House Committee on Post Office and Civil Service
Committee on Post Office and Civil Service of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on Post Office and Civil Service with respect to House Commission on Congressional Mailing Standards treated as referring to Committee on House Oversight, see section 1(b) of Pub. L. 104–14, set out as a note preceding section 21 of this title. Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§502. Select Committee on Standards and Conduct of the Senate
(a) Advisory opinions or consultations respecting franked mail for persons entitled to franking privilege; franking privilege regulations
The Select Committee on Standards and Conduct of the Senate shall provide guidance, assistance, advice and counsel, through advisory opinions or consultations, in connection with the mailing or contemplated mailing of franked mail under section 3210, 3211, 3212, 3213(2), 3218, or 3219, and in connection with the operation of section 3215, of title 39, upon the request of any Member of the Senate or Member-elect, surviving spouse of any of the foregoing, or other Senate official, entitled to send mail as franked mail under any of those sections. The select committee shall prescribe regulations governing the proper use of the franking privilege under those sections by such persons.
(b) Complaint of franked mail violations; investigation; notice and hearing; decision of select committee; enforcement
Any complaint filed by any person with the select committee that a violation of any section of title 39 referred to in subsection (a) of this section is about to occur or has occurred within the immediately preceding period of one year, by any person referred to in such subsection (a), shall contain pertinent factual material and shall conform to regulations prescribed by the select committee. The select committee, if it determines there is reasonable justification for the complaint, shall conduct an investigation of the matter, including an investigation of reports and statements filed by the complainant with respect to the matter which is the subject of the complaint. The committee shall afford to the person who is the subject of the complaint due notice and, if it determines that there is substantial reason to believe that such violation has occurred or is about to occur, opportunity for all parties to participate in a hearing before the select committee. The select committee shall issue a written decision on each complaint under this subsection not later than thirty days after such a complaint has been filed or, if a hearing is held, not later than thirty days after the conclusion of such hearing. Such decision shall be based on written findings of fact in the case by the select committee. If the select committee finds, in its written decision, that a violation has occurred or is about to occur, the committee may take such action and enforcement as it considers appropriate in accordance with applicable rules, precedents, and standing orders of the Senate, and such other standards as may be prescribed by such committee.
(c) Administrative or judicial jurisdiction of civil actions respecting franking law violations or abuses of franking privilege dependent on filing of complaint with select committee and rendition of decision by such committee
Notwithstanding any other provision of law, no court or administrative body in the United States or in any territory thereof shall have jurisdiction to entertain any civil action of any character concerning or related to a violation of the franking laws or an abuse of the franking privilege by any person listed under subsection (a) of this section as entitled to send mail as franked mail, until a complaint has been filed with the select committee and the committee has rendered a decision under subsection (b) of this section.
(d) Administrative procedure regulations
The select committee shall prescribe regulations for the holding of investigations and hearings, the conduct of proceedings, and the rendering of decisions under this subsection providing for equitable procedures and the protection of individual, public, and Government interests. The regulations shall, insofar as practicable, contain the substance of the administrative procedure provisions of sections 551 to 559 and 701 to 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.
(Pub. L. 93–191, §6, Dec. 18, 1973, 87 Stat. 744; Pub. L. 93–255, §3(b), Mar. 27, 1974, 88 Stat. 52.)
Editorial Notes
Amendments
1974—Subsec. (a). Pub. L. 93–255 inserted reference to section 3219 of title 39.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 18, 1973, see section 14 of Pub. L. 93–191, set out as an Effective Date of 1973 Amendment note under section 3210 of Title 39, Postal Service.
§503. Official mail of persons entitled to use 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 Communications Standards Commission 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 Communications Standards Commission) of costs incurred for official mail by each person entitled to use the congressional frank.
(b) Postmaster General functions
The Postmaster General, in consultation with the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives—
(1) shall monitor use of official mail by each person entitled to use the congressional frank;
(2) at least monthly, shall notify any person with an allocation under subsection (a)(2)(A) as to the amount that has been used and any person with an allocation under subsection (a)(2)(B) 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).
(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); 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 30101 of title 52);
(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 Communications Standards Commission, with respect to matters under section 3210(a)(6)(D) of title 39.
(2) Funds used for official mail—
(A) with respect to a Member of the House of Representatives, shall be available, in a session of Congress, in a total amount, as determined under paragraph (1)(A), of not more than the product of (i) 3 times the single-piece rate applicable to first class mail, and (ii) the number (as determined by the Postmaster General) of addresses (other than business possible delivery stops) in the congressional district, as such addresses are described in section 3210(d)(7)(B) of title 39; and
(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).
(f) Mass mailing; submission of samples or description of proposed mail matter; advisory opinion
(1) Except as provided in paragraph (2), a Member of the House of Representatives shall, before making any mass communication, submit a sample or description of the matter involved to the House Communications Standards Commission for an advisory opinion as to whether such proposed communication is in compliance with applicable provisions of law, rule, or regulation.
(2) Paragraph (1) does not apply in the case of any type of mass communication which is designated as exempt from the requirements of such paragraph as provided under regulations of the House Communications Standards Commission.
(g) "Member of the House of Representatives" and "person entitled to use the congressional frank" defined
As used in subsections (a) through (f)—
(1) the term "Member of the House of Representatives" means a Representative in, or a Delegate or Resident Commissioner to, the Congress;
(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; and
(3) the term "mass communication" means a mass mailing described in section 3210(a)(6)(E) of title 39 or any other unsolicited communication of substantially identical content which is transmitted to 500 or more persons in a session of Congress, as provided under regulations of the House Communications Standards Commission, except that such term does not include—
(A) any communication from a Member of the House of Representatives to another Member of the House of Representatives, a Senator, or any Federal, State, or local government official;
(B) any news release to the communications media;
(C) any such mass mailing or unsolicited communication made in direct response to a communication from a person to whom the mass mailing or unsolicited communication was transmitted; or
(D) in the case of any such unsolicited communication which is transmitted in a digital format, a communication for which the cost of the content is less than a threshold amount established under regulations of the House Communications Standards Commission.
(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) 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, §311, Nov. 5, 1990, 104 Stat. 2278; Pub. L. 102–229, title II, §211, Dec. 12, 1991, 105 Stat. 1718; Pub. L. 104–186, title II, §203(22), Aug. 20, 1996, 110 Stat. 1728; Pub. L. 105–275, title I, §104, Oct. 21, 1998, 112 Stat. 2439; Pub. L. 106–19, §1(a), Apr. 8, 1999, 113 Stat. 29; Pub. L. 106–57, title I, §§102, 103(a)(1)–(3), (4)(B), Sept. 29, 1999, 113 Stat. 415; Pub. L. 107–68, title I, §110, Nov. 12, 2001, 115 Stat. 569; Pub. L. 108–83, title I, §105(a), Sept. 30, 2003, 117 Stat. 1018; Pub. L. 116–260, div. I, title I, §116(b)(2)(B), (c)(2), Dec. 27, 2020, 134 Stat. 1637, 1639.)
Editorial Notes
References in Text
The amendments made by this section, referred to in subsec. (i), means the amendments made by section 311(h) of Pub. L. 101–520, which amended section 6314 of this title and sections 3210 and 3216 of Title 39, Postal Service, and amended provisions set out as notes under sections 3210 and 3216 of Title 39.
Codification
Section was formerly classified to section 59e of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 1991.
Subsec. (h) of this section made the amendments specified in the References in Text note above.
Amendments
2020—Subsec. (a)(3). Pub. L. 116–260, §116(b)(2)(B), substituted "House Communications Standards Commission" for "House Commission on Congressional Mailing Standards" in two places.
Subsec. (e)(1)(B). Pub. L. 116–260, §116(b)(2)(B), substituted "House Communications Standards Commission" for "House Commission on Congressional Mailing Standards".
Subsec. (f). Pub. L. 116–260, §116(c)(2)(B), designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), a Member" for "A Member", and added par. (2).
Pub. L. 116–260, §116(c)(2)(A), substituted "any mass communication" for "any mass mailing", "matter" for "mail matter", "House Communications Standards Commission" for "House Commission on Congressional Mailing Standards", and "such proposed communication" for "such proposed mailing".
Pub. L. 116–260, §116(b)(2)(B), substituted "House Communications Standards Commission" for "House Commission on Congressional Mailing Standards".
Subsec. (g)(3). Pub. L. 116–260, §116(c)(2)(C), added par. (3).
2003—Subsec. (d). Pub. L. 108–83, in introductory provisions, struck out "in the House, or official expenses" after "defray official expenses" and "in the Senate" after "(excluding handheld communications devices)".
2001—Subsec. (d). Pub. L. 107–68, in introductory provisions, inserted "in the House, or official expenses for franked mail, employee salaries, office space, furniture, or equipment and any associated information technology services (excluding handheld communications devices) in the Senate" after "expenses".
1999—Subsec. (a)(3). Pub. L. 106–57, §103(a)(4)(B), substituted "costs incurred for official mail by" for "costs charged against the Official Mail Allowance for".
Subsec. (b)(2). Pub. L. 106–19 substituted "any person with an allocation under subsection (a)(2)(A) as to the amount that has been used and any person with an allocation under subsection (a)(2)(B)" for "any person with an allocation under subsection (a)(2)".
Subsec. (e)(1). Pub. L. 106–57, §103(a)(1)(A), in introductory provisions, substituted "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—" for "There is established in the House of Representatives an Official Mail Allowance for Members, officers, and employees of the House of Representatives who are persons entitled to use the congressional frank. Regulations for use of the Official Mail Allowance shall be prescribed—".
Subsec. (e)(1)(A). Pub. L. 106–57, §103(a)(1)(B), substituted "official mail (except as provided in subparagraph (B))" for "the Allowance".
Subsec. (e)(2). Pub. L. 106–57, §103(a)(2)(A), substituted "Funds used for official mail—" for "The Official Mail Allowance—" in introductory provisions.
Pub. L. 106–57, §102, made technical correction to directory language of Pub. L. 105–275, §104(a). See 1998 Amendment note below.
Subsec. (e)(2)(A) to (C). Pub. L. 106–57, §103(a)(2)(B), (C), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: "shall be available for postage for franked mail sent at a first class, third class, or fourth class rate;".
Subsec. (e)(3). Pub. L. 106–57, §103(a)(3), struck out par. (3) which read as follows:
"(3)(A) Subject to subparagraph (B), each Member of the House of Representatives may transfer amounts from the Members' Representational Allowance of the Member to the Official Mail Allowance of the Member.
"(B) The total amount a Member may so transfer with respect to a session of Congress may not exceed $25,000."
1998—Subsec. (e)(2). Pub. L. 105–275, §104(a), as amended by Pub. L. 106–57, §102, inserted "and" at end of subpar. (B), substituted a period for "; and" at end of subpar. (C), and struck out subpar. (D) which read as follows: "shall not be available for payment of any nonpostage fee or charge, including any fee or charge for express mail, express mail drop shipment, certified mail, registered mail, return receipt, address correction, or postal insurance."
Subsec. (e)(4). Pub. L. 105–275, §104(b), struck out par. (4) which read as follows: "The Members' Representational Allowance shall be available to a Member of the House of Representatives for the payment of nonpostage fees and charges referred to in paragraph (2)(D) and for postage for mail for official business sent outside the United States."
1996—Subsec. (a). Pub. L. 104–186, §203(22)(B)(i), substituted "House Oversight" for "House Administration" in introductory provisions.
Subsec. (a)(3). Pub. L. 104–186, §203(22)(A), (B)(ii), substituted "Chief Administrative Officer of the House of Representatives" for "Clerk of the House of Representatives" and "House Oversight" for "House Administration".
Subsec. (b). Pub. L. 104–186, §203(22)(B)(iii), substituted "House Oversight" for "House Administration" in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 104–186, §203(22)(B)(iv), substituted "House Oversight" for "House Administration".
Subsec. (e)(2)(A). Pub. L. 104–186, §203(22)(B)(v), struck out "only" after "available".
Subsec. (e)(3)(A). Pub. L. 104–186, §203(22)(B)(vi), substituted "Members' Representational Allowance" for "Official Expenses Allowance and the Clerk Hire Allowance".
Subsec. (e)(4). Pub. L. 104–186, §203(22)(B)(vii), substituted "Members' Representational Allowance" for "Official Expenses Allowance".
1991—Subsec. (i). Pub. L. 102–229 substituted "beginning on May 1, 1992," for "with respect to sessions of Congress beginning with the second session of the One Hundred Second Congress,".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 applicable with respect to communications disseminated on or after Dec. 27, 2020, see section 116(f) of div. I of Pub. L. 116–260, set out as a note under section 501 of this title.
Effective Date of 2003 Amendment
Pub. L. 108–83, title I, §105(b), Sept. 30, 2003, 117 Stat. 1018, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2004 and each succeeding fiscal year."
Effective Date of 1999 Amendments
Amendment by section 103(a)(1)–(3), (4)(B) of Pub. L. 106–57 applicable with respect to the first session of the One Hundred Sixth Congress and each succeeding session of Congress, see section 103(c) of Pub. L. 106–57, set out as a note under section 4313 of this title.
Pub. L. 106–19, §1(b), Apr. 8, 1999, 113 Stat. 29, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to January 1999 and each succeeding month."
§504. Mass mailings by Senate offices; quarterly statements; publication of summary tabulations
Two weeks after the close of each calendar quarter, or as soon as practicable thereafter, the Sergeant at Arms and Doorkeeper of the Senate shall send to each Senate office a statement of the cost of postage and paper and of the other operating expenses incurred as a result of mass mailings processed for such Senate office during such quarter. The statement shall separately identify the cost of postage and paper and other costs, and shall distinguish the costs attributable to newsletters and all other mass mailings. The statement shall also include the total cost per capita in the State. A compilation of all such statements shall be sent to the Senate Committee on Rules and Administration. A summary tabulation of such information shall be published quarterly in the Congressional Record and included in the semiannual report of the Secretary of the Senate. Such summary tabulation shall set forth for each Senate office the following information: the Senate office's name, the total number of pieces of mass mail mailed during the quarter, the total cost of such mail, and, in the case of Senators, the cost of such mail divided by the total population of the State from which the Senator was elected, and the total number of pieces of mass mail divided by the total population of the State from which the Senator was elected, and in the case of each Senator, the allocation made to such Senator from the appropriation for official mail expenses.
(Pub. L. 101–520, title III, §318, Nov. 5, 1990, 104 Stat. 2283; Pub. L. 103–283, title I, §3(b), July 22, 1994, 108 Stat. 1427.)
Editorial Notes
Codification
Section was formerly classified to section 59f of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 1991.
Amendments
1994—Pub. L. 103–283 inserted before period at end ", and in the case of each Senator, the allocation made to such Senator from the appropriation for official mail expenses".
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–283, title I, §3(c), July 22, 1994, 108 Stat. 1427, provided that: "The amendments made by this section [amending this section and section 4108 of this title] shall be effective with respect to—
"(1) reports and statements covering periods beginning on and after October 1, 1994; and
"(2) appropriations made and obligations incurred on and after such date."
§505. Mass mailing of information by Senators 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, §320, Nov. 5, 1990, 104 Stat. 2285.)
Editorial Notes
Codification
Section was formerly classified to section 59g of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 1991.
§506. Mass mailing sent by House Members
(a) Notice that mailing is at taxpayer expense
(1) Each mass mailing sent by a Member of the House of Representatives shall bear in a prominent place on its face, or on the envelope or outside cover or wrapper in which the mail matter is sent, one of the notices described in paragraph (2) or a notice to the same effect in words which may be prescribed under subsection (c). The notice shall be printed in a type size not smaller than 7-point.
(2) The notices described in this paragraph are as follows:
(A) "Paid for with official funds from the office of __________.", with the blank filled in with the name of the Member sending the mailing.
(B) "Paid for by the funds authorized by the House of Representatives for District ____ of __________.", with the first blank filled in with the name of the congressional district number, and the second blank filled in with the name of the State, of the Member sending the mailing.
(C) "Paid for by official funds authorized by the House of Representatives."
(b) Publication of each Member's total expense and amount
(1) There shall be published in the itemized report of disbursements of the House of Representatives as required by law, a summary tabulation setting forth, for the office of each Member of the House of Representatives, the total number of pieces of mass mail mailed during the period involved and the total cost of those mass mailings.
(2) Each such tabulation shall also include—
(A) the total cost (as referred to in paragraph (1)) divided by the number (as determined by the Postmaster General) of addresses (other than business possible delivery stops) in the Congressional district from which the Member was elected (as such addresses are described in section 3210(d)(7)(B) of title 39); and
(B) the total number of pieces of mass mail (as referred to in paragraph (1)) divided by the number (as determined by the Postmaster General) of addresses (other than business possible delivery stops) in the Congressional district from which the Member was elected (as such addresses are described in section 3210(d)(7)(B) of title 39).
(c) Regulations
The Committee on House Oversight shall prescribe such rules and regulations and shall take such other action as the Committee considers necessary and proper for Members to conform to the provisions of this subsection and applicable rules and regulations.
(d) Definitions
For purposes 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 "mass mailing" has the meaning given such term by section 3210(a)(6)(E) of title 39.
(e) Applicability
This section shall apply with respect to sessions of Congress beginning after September 16, 1996.
(Pub. L. 104–197, title III, §311, Sept. 16, 1996, 110 Stat. 2414; Pub. L. 116–260, div. I, title I, §116(d), Dec. 27, 2020, 134 Stat. 1640.)
Editorial Notes
Codification
Section was formerly classified to section 59h of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 1997.
Amendments
2020—Subsec. (a). Pub. L. 116–260 designated existing provisions as par. (1), substituted "one of the notices described in paragraph (2) or a notice" for "the following notice: "this mailing was prepared, published, and mailed at taxpayer expense.", or a notice", and added par. (2).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 applicable with respect to communications disseminated on or after Dec. 27, 2020, see section 116(f) of div. I of Pub. L. 116–260, set out as a note under section 501 of this title.
CHAPTER 17—CONGRESSIONAL BUDGET OFFICE
§601. Establishment
(a) In general
(1) There is established an office of the Congress to be known as the Congressional Budget Office (hereinafter in this chapter referred to as the "Office"). The Office shall be headed by a Director; and there shall be a Deputy Director who shall perform such duties as may be assigned to him by the Director and, during the absence or incapacity of the Director or during a vacancy in that office, shall act as Director.
(2) The Director shall be appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate after considering recommendations received from the Committees on the Budget of the House and the Senate, without regard to political affiliation and solely on the basis of his fitness to perform his duties. The Deputy Director shall be appointed by the Director.
(3) The term of office of the Director shall be 4 years and shall expire on January 3 of the year preceding each Presidential election. Any individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of that term. An individual serving as Director at the expiration of a term may continue to serve until his successor is appointed. Any Deputy Director shall serve until the expiration of the term of office of the Director who appointed him (and until his successor is appointed), unless sooner removed by the Director.
(4) The Director may be removed by either House by resolution.
(5)(A) The Director shall receive compensation at an annual rate of pay that is equal to the maximum rate of pay in effect under section 4575(f) of this title.
(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
(1) 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 (with or without written agreement) provided that the Director maintains the level of confidentiality required by law of the department, agency, establishment, or regulatory agency or commission from which it is obtained in accordance with section 603(e) of this title. 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.
(2) No provision of law enacted after September 30, 2024, shall be construed to supersede, limit, or otherwise modify the authority of the Director to obtain any material under this subsection unless such provision specifically provides, by specific reference to this paragraph, that such authority is to be superseded, limited, or otherwise modified.
(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,1 and the Library of Congress, and (upon agreement with them) to utilize their services, facilities, and personnel with or without reimbursement. The Comptroller General,1 and the Librarian of Congress are authorized to provide the Office with the information, data, estimates, and statistics, and the services, facilities, and personnel, referred to in the preceding sentence.
(f) Revenue estimates
For the purposes of revenue legislation which is income, estate and gift, excise, and payroll taxes (i.e., Social Security), considered or enacted in any session of Congress, the Congressional Budget Office shall use exclusively during that session of Congress revenue estimates provided to it by the Joint Committee on Taxation. During that session of Congress such revenue estimates shall be transmitted by the Congressional Budget Office to any committee of the House of Representatives or the Senate requesting such estimates, and shall be used by such Committees in determining such estimates. The Budget Committees of the Senate and House shall determine all estimates with respect to scoring points of order and with respect to the execution of the purposes of this Act.
(g) Authorization of appropriations
There are authorized to be appropriated to the Office for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions. Until sums are first appropriated pursuant to the preceding sentence, but for a period not exceeding 12 months following the effective date of this subsection, the expenses of the Office shall be paid from the contingent fund of the Senate, in accordance with section 6503 of this title, and upon vouchers approved by the Director.
(Pub. L. 93–344, title II, §201, July 12, 1974, 88 Stat. 302; Pub. L. 99–177, title II, §273, Dec. 12, 1985, 99 Stat. 1098, renumbered §201(g) of Pub. L. 93–344, Pub. L. 101–508, title XIII, §13202(b), Nov. 5, 1990, 104 Stat. 1388–615; Pub. L. 101–508, title XIII, §13202(a), (c), Nov. 5, 1990, 104 Stat. 1388–615; Pub. L. 105–33, title X, §10102, Aug. 5, 1997, 111 Stat. 678; Pub. L. 106–113, div. B, §1000(a)(5) [title II, §224], Nov. 29, 1999, 113 Stat. 1536, 1501A-299; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 116–94, div. E, title II, §212(a)(3)(B), Dec. 20, 2019, 133 Stat. 2775; Pub. L. 118–89, §2(a), Sept. 30, 2024, 138 Stat. 1557.)
Editorial Notes
References in Text
This Act, referred to in subsec. (f), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A and 17B, and section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31, and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
Codification
Pub. L. 101–508, §12302(b), transferred section 273 of Pub. L. 99–177, which was classified to section 921 of this title, to subsec. (g) (now (f)) of this section, relating to revenue estimates.
Amendments
2024—Subsec. (d). Pub. L. 118–89 designated existing provisions as par. (1), substituted "(with or without written agreement) provided that the Director maintains the level of confidentiality required by law of the department, agency, establishment, or regulatory agency or commission from which it is obtained in accordance with section 603(e) of this title" for "(other than material the disclosure of which would be a violation of law)", and added par. (2).
2019—Subsec. (a)(5)(A). Pub. L. 116–94 substituted "the maximum rate of pay in effect under section 4575(f) of this title." for "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."
2004—Subsec. (e). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
1999—Subsec. (a)(5). Pub. L. 106–113 amended par. (5) generally. Prior to amendment, par. (5) read as follows: "The Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as in effect from time to time, for level III of the Executive Schedule in section 5314 of title 5. The Deputy Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as so in effect, for level IV of the Executive Schedule in section 5315 of such title."
1997—Subsec. (a)(3). Pub. L. 105–33, §10102(a), substituted "The term of office of the Director shall be 4 years and shall expire on January 3 of the year preceding each Presidential election." for "The term of office of the Director first appointed shall expire at noon on January 3, 1979, and the terms of office of Directors subsequently appointed shall expire at noon on January 3 of each fourth year thereafter."
Subsec. (e). Pub. L. 105–33, §10102(b), inserted "and" before "the Library", struck out "and the Office of Technology Assessment," after "Library of Congress,", inserted "and" before "the Librarian", and struck out ", and the Technology Assessment Board" after "Librarian of Congress".
Subsecs. (f), (g). Pub. L. 105–33, §10102(c), redesignated subsec. (g), relating to revenue estimates, as (f).
1990—Subsec. (f). Pub. L. 101–508, §13202(a), redesignated subsec. (f), relating to authorization of appropriations, as (g).
Subsec. (g). Pub. L. 101–508, §13202(a), redesignated subsec. (f), relating to authorization of appropriations, as (g).
Pub. L. 101–508, §12302(b), (c), redesignated section 921 of this title as subsec. (g) of this section, inserted heading "Revenue estimates" and substituted "this Act" for "this title and the Congressional Budget and Impoundment Control Act of 1974".
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.
Effective Date
Subsec. (a) effective July 12, 1974, see section 905(a) of Pub. L. 93–344, and subsecs. (b) to (f) effective on day on which first Director of Congressional Budget Office is appointed under subsec. (a), see section 905(a), (b) of Pub. L. 93–344, formerly set out as a note under section 621 of this title.
Short Title of 2024 Amendment
Pub. L. 118–89, §1, Sept. 30, 2024, 138 Stat. 1557, provided that: "This Act [amending this section] may be cited as the 'Congressional Budget Office Data Sharing Act'."
Short Title
Pub. L. 93–344, which enacted this chapter, to be cited in its entirety as the "Congressional Budget and Impoundment Control Act of 1974", with titles I through IX thereof to be cited as the "Congressional Budget Act of 1974", see section 1(a) of Pub. L. 93–344, set out as a note under section 621 of this title.
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
1 So in original. Comma probably should not appear.
§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 Committees may request.
(b) Assistance to Committees on Appropriations, Ways and Means, and Finance
At the request of the Committee on Appropriations of either House, the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate, the Office shall provide to such Committee any information which will assist it in the discharge of matters within its jurisdiction, including information described in clauses (1) and (2) of subsection (a) 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), 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), 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).
(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, 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 907(b)(2)(A) of this title and for excise taxes assumed to be extended under section 907(b)(2)(C) of this title. Such report shall also include a discussion of national budget priorities, including alternative ways of allocating new budget authority and budget outlays for such fiscal year among major programs or functional categories, taking into account how such alternative allocations will meet major national needs and affect balanced growth and development of the United States.
(2) The Director shall from time to time submit to the Committees on the Budget of the House of Representatives and the Senate such further reports (including reports revising the report required by paragraph (1)) as may be necessary or appropriate to provide such Committees with information, data, and analyses for the performance of their duties and functions.
(3) On or before January 15 of each year, the Director, after consultation with the appropriate committees of the House of Representatives and Senate, shall submit to the Congress a report listing (A) all programs and activities funded during the fiscal year ending September 30 of that calendar year for which authorizations for appropriations have not been enacted for that fiscal year, and (B) all programs and activities for which authorizations for appropriations have been enacted for the fiscal year ending September 30 of that calendar year, but for which no authorizations for appropriations have been enacted for the fiscal year beginning October 1 of that calendar year.
(f) Use of computers and other techniques
The Director may equip the Office with up-to-date computer capability (upon approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate), obtain the services of experts and consultants in computer technology, and develop techniques for the evaluation of budgetary requirements.
(g) Studies
(1) Continuing studies
The Director of the Congressional Budget Office shall conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures.
(2) Federal mandate studies
(A) At the request of any Chairman or ranking member of the minority of a Committee of the Senate or the House of Representatives, the Director shall, to the extent practicable, conduct a study of a legislative proposal containing a Federal mandate.
(B) In conducting a study on intergovernmental mandates under subparagraph (A), the Director shall—
(i) solicit and consider information or comments from elected officials (including their designated representatives) of State, local, or tribal governments as may provide helpful information or comments;
(ii) consider establishing advisory panels of elected officials or their designated representatives, of State, local, or tribal governments if the Director determines that such advisory panels would be helpful in performing responsibilities of the Director under this section; and
(iii) if, and to the extent that the Director determines that accurate estimates are reasonably feasible, include estimates of—
(I) the future direct cost of the Federal mandate to the extent that such costs significantly differ from or extend beyond the 5-year period after the mandate is first effective; and
(II) any disproportionate budgetary effects of Federal mandates upon particular industries or sectors of the economy, States, regions, and urban or rural or other types of communities, as appropriate.
(C) In conducting a study on private sector mandates under subparagraph (A), the Director shall provide estimates, if and to the extent that the Director determines that such estimates are reasonably feasible, of—
(i) future costs of Federal private sector mandates to the extent that such mandates differ significantly from or extend beyond the 5-year time period referred to in subparagraph (B)(iii)(I);
(ii) any disproportionate financial effects of Federal private sector mandates and of any Federal financial assistance in the bill or joint resolution upon any particular industries or sectors of the economy, States, regions, and urban or rural or other types of communities; and
(iii) the effect of Federal private sector mandates in the bill or joint resolution on the national economy, including the effect on productivity, economic growth, full employment, creation of productive jobs, and international competitiveness of United States goods and services.
(Pub. L. 93–344, title II, §202, July 12, 1974, 88 Stat. 304; Pub. L. 99–177, title II, §221, Dec. 12, 1985, 99 Stat. 1060; Pub. L. 101–508, title XIII, §13112(a)(3), Nov. 5, 1990, 104 Stat. 1388–608; Pub. L. 104–4, title I, §102(1), Mar. 22, 1995, 109 Stat. 60; Pub. L. 104–186, title II, §213, Aug. 20, 1996, 110 Stat. 1745; Pub. L. 105–33, title X, §10103, Aug. 5, 1997, 111 Stat. 678.)
Editorial Notes
Amendments
1997—Subsec. (a). Pub. L. 105–33, §10103(a), inserted "primary" before "duty" in first sentence.
Subsec. (e). Pub. L. 105–33, §10103(b), redesignated subsec. (f) as (e) and struck out heading and text of former subsec. (e). Text of par. (1) of subsec. (e) read as follows: "The duties, functions, and personnel of the Joint Committee on Reduction of Federal Expenditures are transferred to the Office, and the Joint Committee is abolished." Par. (2) of subsec. (e) repealed section 571 of former Title 31, Money and Finance.
Subsec. (e)(1)(C). Pub. L. 105–33, §10103(c), added subpar. (C).
Subsecs. (f) to (h). Pub. L. 105–33, §10103(b), redesignated subsecs. (g) and (h) as (f) and (g), respectively.
1996—Subsec. (g). Pub. L. 104–186 substituted "House Oversight" for "House Administration".
1995—Subsec. (c)(2), (3). Pub. L. 104–4, §102(1)(A), added par. (2) and redesignated former par. (2) as (3).
Subsec. (h). Pub. L. 104–4, §102(1)(B), amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: "The Director shall conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures."
1990—Subsecs. (a)(1), (f)(1). Pub. L. 101–508 substituted "new budget authority" for "budget authority" in subsec. (a)(1) and second sentence of subsec. (f)(1).
1985—Subsec. (f)(1). Pub. L. 99–177, §221(a), substituted "February 15" for "April 1".
Subsec. (f)(3). Pub. L. 99–177, §221(b), added par. (3).
Subsec. (h). Pub. L. 99–177, §221(c), added subsec. (h).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–4 effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as an Effective Date note under section 1511 of this title.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
Effective Date
Section effective on day on which first Director of Congressional Budget Office is appointed under section 601(a) of this title, see section 905(b) of Pub. L. 93–344, formerly set out as a note under section 621 of this title.
Credit Reform
Pub. L. 100–119, title II, §212, Sept. 29, 1987, 101 Stat. 787, provided that the Congressional Budget Office, in consultation with the General Accounting Office, was to study and report to Congress, as soon as practicable, on Federal direct loan and loan guarantee programs for fiscal years 1987 and 1988.
§603. Public access to budget data
(a) Right to copy
Except as provided in subsections (c), (d), and (e), the Director shall make all information, data, estimates, and statistics obtained under section 601(d) and (e) of this title available for public copying during normal business hours, subject to reasonable rules and regulations, and shall to the extent practicable, at the request of any person, furnish a copy of any such information, data, estimates, or statistics upon payment by such person of the cost of making and furnishing such copy.
(b) Index
The Director shall develop and maintain filing, coding, and indexing systems that identify the information, data, estimates, and statistics to which subsection (a) applies and shall make such systems available for public use during normal business hours.
(c) Exceptions
Subsection (a) 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) 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 601(d) and 601(e) of this title, 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.
(Pub. L. 93–344, title II, §203, July 12, 1974, 88 Stat. 305; Pub. L. 106–554, §1(a)(7) [title III, §310(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-639.)
Editorial Notes
Amendments
2000—Subsec. (a). Pub. L. 106–554, §1(a)(7) [title III, §310(b)(2)], substituted "subsections (c), (d), and (e)" for "subsections (c) and (d)".
Subsec. (e). Pub. L. 106–554, §1(a)(7) [title III, §310(b)(1)], added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on day on which first Director of Congressional Budget Office is appointed under section 601(a) of this title, see section 905(b) of Pub. L. 93–344, formerly set out as a note under section 621 of this title.
§604. Omitted
Editorial Notes
Codification
Section, Pub. L. 94–440, title V, §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 former Title 41, Public Contracts, applied to fiscal year 1977 and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation act:
Pub. L. 94–157, title I, Dec. 18, 1975, 89 Stat. 834.
§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 4103 of this title.
(b) Subsection (a) shall apply with respect to fiscal years beginning after September 30, 1996.
(Pub. L. 104–197, title I, §104, Sept. 16, 1996, 110 Stat. 2404.)
Editorial Notes
References in Text
Section 4103 of this title, referred to in subsec. (a), was in the original a reference to section 903 of the Supplemental Appropriations Act, 1983, Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 336, which is classified to section 4103 of this title and in part as a note set out under section 4103 of this title.
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.
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 104–53, title I, Nov. 19, 1995, 109 Stat. 527.
Pub. L. 103–283, title I, July 22, 1994, 108 Stat. 1433.
Pub. L. 103–69, title I, Aug. 11, 1993, 107 Stat. 701.
Pub. L. 102–392, title I, Oct. 6, 1992, 106 Stat. 1713.
Pub. L. 102–90, title I, Aug. 14, 1991, 105 Stat. 458.
Pub. L. 101–520, title I, Nov. 5, 1990, 104 Stat. 2266.
Pub. L. 101–163, title I, Nov. 21, 1989, 103 Stat. 1054.
Pub. L. 100–458, title I, Oct. 1, 1988, 102 Stat. 2169.
Pub. L. 100–202, §101(i) [title I], Dec. 22, 1987, 101 Stat. 1329–290, 1329-300.
Pub. L. 99–500, §101(j) [H.R. 5203, title I], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287.
Pub. L. 99–151, title I, Nov. 13, 1985, 99 Stat. 800.
Pub. L. 98–367, title I, July 17, 1984, 98 Stat. 482.
§605a. Contracting parity
In fiscal year 2018 and thereafter, for all contracts for goods and services to which the Congressional Budget Office is a party, the following Federal Acquisition Regulation (FAR) clauses will apply: FAR 52.232–39 and FAR 52.233–4.
(Pub. L. 115–141, div. I, title I, §130, Mar. 23, 2018, 132 Stat. 779.)
Editorial Notes
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.
§606. Disposition of surplus or obsolete 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, §105, Sept. 16, 1996, 110 Stat. 2404; Pub. L. 107–68, title I, §126, Nov. 12, 2001, 115 Stat. 577.)
Editorial Notes
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.
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 104–53, title I, Nov. 19, 1995, 109 Stat. 527.
Pub. L. 103–283, title I, July 22, 1994, 108 Stat. 1433.
Pub. L. 103–69, title I, Aug. 11, 1993, 107 Stat. 701.
Amendments
2001—Subsec. (a). Pub. L. 107–68 substituted "sale, trade-in, or discarding" for "or discarding" and inserted at end "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."
§607. Lump-sum payments for annual leave to separated employees
(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, §106, Sept. 16, 1996, 110 Stat. 2404.)
Editorial Notes
Codification
Section was enacted as part of the Congressional Operations Appropriations Act, 1997, which is title I of the Legislative Branch Appropriations Act, 1997, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
§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, §106, Sept. 29, 1999, 113 Stat. 418.)
Editorial Notes
Codification
Section was enacted as part of the Congressional Operations Appropriations Act, 2000, which is title I of the Legislative Branch Appropriations Act, 2000, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
§609. Employee training
(a) In general
The Director of the Congressional Budget Office may, by regulation, make applicable such provisions of chapter 41 of title 5 as the Director determines necessary to provide on and after November 12, 2001, for training of individuals employed by the Congressional Budget Office.
(b) Regulations
The implementing regulations shall provide for training that, in the determination of the Director, is consistent with the training provided by agencies subject to chapter 41 of title 5.
(c) Recovery of debt
Any recovery of debt owed to the Congressional Budget Office under this section and its implementing regulations shall be credited to the appropriations account available for salaries and expenses of the Office at the time of recovery.
(d) Applicability
This section shall apply to fiscal year 2002 and each fiscal year thereafter.
(Pub. L. 107–68, title I, §125, Nov. 12, 2001, 115 Stat. 577.)
Editorial Notes
Codification
Section was enacted as part of the Congressional Operations Appropriations Act, 2002, which is title I of the Legislative Branch Appropriations Act, 2002, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
§610. Repayment of student loan on behalf of employee
(a) Authorization
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) Regulations
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) Maximum amount
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) Limitation
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) Accounting
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) Applicability
This section shall apply to fiscal year 2002 and each fiscal year thereafter.
(Pub. L. 107–68, title I, §127, Nov. 12, 2001, 115 Stat. 577.)
Editorial Notes
Codification
Section was enacted as part of the Congressional Operations Appropriations Act, 2002, which is title I of the Legislative Branch Appropriations Act, 2002, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
§611. Employee development program
(a) Establishment
The Director of the Congressional Budget Office may, by regulation, make applicable such provisions of section 3396 of title 5 as the Director determines necessary to establish a program providing opportunities for employees of the Office to engage in details or other temporary assignments in other agencies, study, or uncompensated work experience which will contribute to the employees' development and effectiveness.
(b) Effective date
This section shall apply to fiscal year 2003 and each fiscal year thereafter.
(Pub. L. 108–7, div. H, title I, §1101, Feb. 20, 2003, 117 Stat. 370.)
Editorial Notes
Codification
Section was enacted as part of the Legislative Branch Appropriations Act, 2003, which is div. H of the Consolidated Appropriations Resolution, 2003, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Executive Exchange Program for the Congressional Budget Office
Pub. L. 110–161, div. H, title I, §1201, Dec. 26, 2007, 121 Stat. 2238, as amended by Pub. L. 111–68, div. A, title I, §1201, Oct. 1, 2009, 123 Stat. 2032, which established an executive exchange program and was formerly set out as a note under this section, was transferred to section 612 of this title.
§612. Executive exchange program
(a) In general
The Director of the Congressional Budget Office may establish and conduct an executive exchange program under which employees of the Office may be assigned to private sector organizations, and employees of private sector organizations may be assigned to the Office, for 1-year periods to further the institutional interests of the Office or Congress, including for the purpose of providing training to officers and employees of the Office.
(b) Limitations and conditions
The Director of the Congressional Budget Office shall—
(1) limit the number of officers and employees who are assigned to private sector organizations at any one time to not more than 5;
(2) limit the number of employees from private sector organizations who are assigned to the Office at any one time to not more than 5;
(3) require that an employee of a private sector organization assigned to the Office may not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which such employee is assigned; and
(4) approve employees to be detailed from the private sector without regard to political affiliation and solely on the basis of their fitness to perform their assigned duties.
(c) Treatment of private employees
An employee of a private sector organization assigned to the Office under the executive exchange program shall be considered to be an employee of the Office for purposes of—
(1) chapter 73 of title 5;
(2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;
(3) sections 1343, 1344, and 1349(b) of title 31;
(4) chapter 171 of title 28 (commonly referred to as the "Federal Tort Claims Act") and any other Federal tort liability statute;
(5) chapter 131 of title 5; and
(6) section 1043 of title 26.
(d) Effective date
This section shall apply to fiscal year 2008 and each fiscal year thereafter.
(Pub. L. 110–161, div. H, title I, §1201, Dec. 26, 2007, 121 Stat. 2238; Pub. L. 111–68, div. A, title I, §1201, Oct. 1, 2009, 123 Stat. 2032; Pub. L. 117–286, §4(c)(1), Dec. 27, 2022, 136 Stat. 4353.)
Editorial Notes
Codification
Section was enacted as part of the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
Section was formerly set out as a note under section 611 of this title.
Amendments
2022—Subsec. (c)(5). Pub. L. 117–286 substituted "chapter 131 of title 5;" for "the Ethics in Government Act of 1978 (5 U.S.C. App.);".
2009—Subsec. (b)(1), (2). Pub. L. 111–68, §1201(1), substituted "5" for "3".
Subsecs. (d), (e). Pub. L. 111–68, §1201(2), (3), redesignated subsec. (e) as (d), substituted "This" for "Subject to subsection (d), this", and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: "No assignment under this section shall commence after the end of the 2-year period beginning on December 26, 2007."
§613. Establishment of senior level positions
(a) In general
Notwithstanding the fourth sentence of section 601(b) of this title, the Director of the Congressional Budget Office may establish and fix the compensation of senior level positions in the Congressional Budget Office to meet critical scientific, technical, professional, or executive needs of the Office.
(b) Limitation on compensation
The annual rate of pay for any position established under this section may not exceed the annual rate of pay for level II of the Executive Schedule.
(c) Effective date
This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year.
(Pub. L. 115–31, div. I, title I, §1101, May 5, 2017, 131 Stat. 578.)
Editorial Notes
References in Text
Level II of the Executive Schedule, referred to in subsec. (b), is set out in section 5313 of Title 5, Government Organization and Employees.
Codification
Section was enacted as part of the Legislative Branch Appropriations Act, 2017, which is div. I of the Consolidated Appropriations Act, 2017, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
CHAPTER 17A—CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
SUBCHAPTER I—CONGRESSIONAL BUDGET PROCESS
SUBCHAPTER II—FISCAL PROCEDURES
Part A—General Provisions
Part B—Federal Mandates
SUBCHAPTER III—CREDIT REFORM
SUBCHAPTER IV—BUDGET AGREEMENT ENFORCEMENT PROVISIONS
§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, §2, July 12, 1974, 88 Stat. 298.)
Editorial Notes
Codification
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, §1, Sept. 13, 1982, 96 Stat. 877.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 93–344, title IX, §905, July 12, 1974, 88 Stat. 331, provided effective dates for Pub. L. 93–344 prior to repeal by Pub. L. 105–33, title X, §10120(a), Aug. 5, 1997, 111 Stat. 696.
Short Title of 1999 Amendment
Pub. L. 106–141, §1, Dec. 7, 1999, 113 Stat. 1699, provided that: "This Act [amending sections 658b and 658c of this title] may be cited as the 'State Flexibility Clarification Act'."
Short Title of 1981 Amendment
Pub. L. 97–108, §1, Dec. 23, 1981, 95 Stat. 1510, provided: "That this Act [amending section 653 of this title and enacting provisions set out as notes under section 653 of this title] may be cited as the 'State and Local Government Cost Estimate Act of 1981'."
Short Title
Pub. L. 93–344, §1(a), July 12, 1974, 88 Stat. 297, as amended by Pub. L. 104–130, §4(a), Apr. 9, 1996, 110 Stat. 1211, provided that: "This Act [enacting chapters 17, 17A and 17B, and section 190a–3 of this title, and sections 11a, 11c, 11d, and 1020a of former Title 31, amending section 105 of Title 1, General Provisions, sections 190b and 190d of this title, and sections 11, 665, 701, 1020, and 1151, 1152, 1153, and 1154 of former Title 31, repealing sections 66 and 81 of this title, and sections 571 and 581c–1 of former Title 31, and enacting provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, General Provisions, and 1020 of former Title 31] may be cited as the 'Congressional Budget and Impoundment Control Act of 1974'. Titles I through IX may be cited as the 'Congressional Budget Act of 1974', and title X [enacting chapter 17B of this title] may be cited as the 'Impoundment Control Act of 1974'."
[Amendment of section 1(a) of Pub. L. 93–344, set out above, by Pub. L. 104–130 was reversed pursuant to section 5 of Pub. L. 104–130, set out as an Effective and Termination Dates note under section 691 of this title.]
Pub. L. 93–344, title V, §500, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–609, provided that: "This title [enacting subchapter III of this chapter] may be cited as the 'Federal Credit Reform Act of 1990'."
Financial Safety and Soundness of Government-Sponsored Enterprises
Pub. L. 101–508, title XIII, §13501, Nov. 5, 1990, 104 Stat. 1388–628, provided that:
"(a)
"(b)
"(1) The Department of the Treasury shall prepare and submit to Congress no later than April 30, 1991, a study of GSEs and recommended legislation.
"(2) The study shall include an objective assessment of the financial soundness of GSEs, the adequacy of the existing regulatory structure for GSEs, the financial exposure of the Federal Government posed by GSEs, and the effects of GSE activities on Treasury borrowing.
"(c)
"(1) The Congressional Budget Office shall prepare and submit to Congress no later than April 30, 1991, a study of GSEs.
"(2) The study shall include an analysis of the financial risks each GSE assumes, how Congress may improve its understanding of those risks, the supervision and regulation of GSEs' risk management, the financial exposure of the Federal Government posed by GSEs, and the effects of GSE activities on Treasury borrowing. The study shall also include an analysis of alternative models for oversight of GSEs and of the costs and benefits of each alternative model to the Government and to the markets and beneficiaries served by GSEs.
"(d)
"(1) For the studies required by this section, each GSE shall provide full and prompt access to the Secretary of the Treasury and the Director of the Congressional Budget Office to its books and records and other information requested by the Secretary of the Treasury or the Director of the Congressional Budget Office.
"(2) In preparing the studies required by this section, the Secretary of the Treasury and the Director of the Congressional Budget Office may request information from, or the assistance of, any Federal department or agency authorized by law to supervise the activities of a GSE.
"(e)
"(1) The Secretary of the Treasury and the Director of the Congressional Budget Office shall determine and maintain the confidentiality of any book, record, or information made available by a GSE under this section in a manner consistent with the level of confidentiality established for the material by the GSE involved.
"(2) The Department of the Treasury shall be exempt from section 552 of title 5, United States Code, for any book, record, or information made available under subsection (d) and determined by the Secretary of the Treasury to be confidential under this subsection.
"(3) Any officer or employee of the Department of the Treasury shall be subject to the penalties set forth in section 1906 of title 18, United States Code, if—
"(A) by virtue of his or her employment or official position, he or she has possession of or access to any book, record, or information made available under and determined to be confidential under this section; and
"(B) he or she discloses the material in any manner other than—
"(i) to an officer or employee of the Department of the Treasury; or
"(ii) pursuant to the exception set forth in such section 1906.
"(4) The Congressional Budget Office shall be exempt from section 203 of the Congressional Budget Act of 1974 [2 U.S.C. 603] with respect to any book, record, or information made available under this subsection and determined by the Director to be confidential under paragraph (1).
"(f)
"(2) It is the sense of the Senate that the committees of jurisdiction in the Senate shall prepare and report to the Senate no later than September 15, 1991, legislation to ensure the financial safety and soundness of GSEs and to minimize the possibility that a GSE might require future assistance from the Government.
"(f) [sic]
Multiyear Authorizations and 2-Year Appropriations for Selected Agencies and Accounts
Pub. L. 100–119, title II, §201, Sept. 29, 1987, 101 Stat. 784, provided that: "It is the sense of the Congress that the Congress should undertake an experiment with multiyear authorizations and 2-year appropriations for selected agencies and accounts. An evaluation of the efficacy and desirability of such experiment should be conducted at the end of the 2-year period. The appropriate committees are directed to develop a plan in consultation with the leadership of the House and Senate to implement this experiment."
Financial Management Reform
Pub. L. 100–119, title II, §203, Sept. 29, 1987, 101 Stat. 784, provided that: "It is the sense of the Congress that the Congress should undertake a coordinated effort to identify problems and develop specific recommendations to reform the financial management systems of the United States Government, including consideration of the use of generally accepted accounting principles."
Exercise of Congressional Rulemaking Power
Pub. L. 93–344, title IX, §904, July 12, 1974, 88 Stat. 331, as amended by Pub. L. 99–177, title II, §271(a), Dec. 12, 1985, 99 Stat. 1094; Pub. L. 101–508, title XIII, §§13112(a)(11), 13208(a), Nov. 5, 1990, 104 Stat. 1388–608, 1388-619; Pub. L. 104–130, §4(c), Apr. 9, 1996, 110 Stat. 1212; Pub. L. 105–33, title X, §10119, Aug. 5, 1997, 111 Stat. 695; Pub. L. 112–25, title I, §105(c), Aug. 2, 2011, 125 Stat. 247; Pub. L. 113–67, div. A, title I, §122(16), (17), Dec. 26, 2013, 127 Stat. 1176, provided that:
"(a) The provisions of this title and of titles I, III, IV, and V and the provisions of sections 701, 703, and 1017 [enacting this chapter (except subchapter IV) and sections 190a–3 and 688 of this title, amending the Rules of the House of Representatives and the Standing Rules of the Senate, and sections 190b and 190d of this title, and enacting provisions set out as notes under this section and sections 190a–1 and 632 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 shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
"(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.
"(b) Any provision of title III or IV [enacting subchapters I and II of this chapter] 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)
"(1)
"(2)
"(d)
"(1)
"(2)
"(3)
"(e)
[Amendment of section 904 of Pub. L. 93–344, set out above, by Pub. L. 104–130 was reversed pursuant to section 5 of Pub. L. 104–130, set out as an Effective and Termination Dates note under section 691 of this title.]
§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)
(A)
(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)
(C)
(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
(ii) a change in any account in the availability of unobligated balances of budget authority carried over from a prior year, resulting from a provision of law first effective in that year;
and includes a change in the estimated level of new budget authority provided in indefinite amounts by existing law.
(3) The term "tax expenditures" means those revenue losses attributable to provisions of the Federal tax laws which allow a special exclusion, exemption, or deduction from gross income or which provide a special credit, a preferential rate of tax, or a deferral of tax liability; and the term "tax expenditures budget" means an enumeration of such tax expenditures.
(4) The term "concurrent resolution on the budget" means—
(A) a concurrent resolution setting forth the congressional budget for the United States Government for a fiscal year as provided in section 632 of this title; and
(B) any other concurrent resolution revising the congressional budget for the United States Government for a fiscal year as described in section 635 of this title.
(5) The term "appropriation Act" means an Act referred to in section 105 of title 1.
(6) The term "deficit" means, with respect to a fiscal year, the amount by which outlays exceeds 2 receipts during that year.
(7) The term "surplus" means, with respect to a fiscal year, the amount by which receipts exceeds 2 outlays during that year.
(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.
(9) The term "entitlement authority" means—
(A) the authority to make payments (including loans and grants), the budget authority for which is not provided for in advance by appropriation Acts, to any person or government if, under the provisions of the law containing that authority, the United States is obligated to make such payments to persons or governments who meet the requirements established by that law; and
(B) the food stamp program.
(10) The term "credit authority" means authority to incur direct loan obligations or to incur primary loan guarantee commitments.
(11) The terms "emergency" and "unanticipated" have the meanings given to such terms in section 900(c) of this title.
(Pub. L. 93–344, §3, July 12, 1974, 88 Stat. 299; Aug. 1, 1946, ch. 724, title I, §302(c), as added Pub. L. 95–110, §1, Sept. 20, 1977, 91 Stat. 884, renumbered title I, Pub. L. 102–486, title IX, §902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 99–177, title II, §§201(a), 232(b), Dec. 12, 1985, 99 Stat. 1039, 1062; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–119, title I, §106(a), Sept. 29, 1987, 101 Stat. 780; Pub. L. 100–203, title VIII, §8003(c), Dec. 22, 1987, 101 Stat. 1330–282; Pub. L. 101–508, title XIII, §§13112(a)(2), 13201(b)(1), 13211(a), Nov. 5, 1990, 104 Stat. 1388–607, 1388-614, 1388-620; Pub. L. 105–33, title X, §10101, Aug. 5, 1997, 111 Stat. 678; Pub. L. 112–25, title I, §105(b), Aug. 2, 2011, 125 Stat. 247.)
Editorial Notes
References in Text
This Act, referred to in text, means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A and 17B, and section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31, and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
Codification
Section was formerly classified to section 1302 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
2011—Par. (11). Pub. L. 112–25 added par. (11).
1997—Par. (9). Pub. L. 105–33 amended par. (9) generally. Prior to amendment, par. (9) read as follows: "The term 'entitlement authority' means spending authority described by section 651(c)(2)(C) of this title."
1990—Par. (2). Pub. L. 101–508, §13211(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The term 'budget authority' means authority provided by law to enter into obligations which will result in immediate or future outlays involving Government funds or to collect offsetting receipts., except that such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government. The term includes the cost for direct loan and loan guarantee programs, as those terms are defined by subchapter III of this chapter".
Pub. L. 101–508, §13201(b)(1), inserted at end: "The term includes the cost for direct loan and loan guarantee programs, as those terms are defined by subchapter III of this chapter".
Pars. (6) to (8). Pub. L. 101–508, §13112(a)(2), added pars. (6) to (8) and struck out former par. (6) which defined "deficit" and contained provisions relating to calculation of the deficit, former par. (7) which defined "maximum deficit amount", and former par. (8) which defined "off-budget Federal entity".
1987—Par. (7)(C). Pub. L. 100–203, §8003(c)(1), (2), redesignated subpar. (D) as (C). Former subpar. (C), which provided for maximum deficit amount of $108,000,000,000 for fiscal year beginning Oct. 1, 1987, was struck out.
Par. (7)(D) to (I). Pub. L. 100–203, §8003(c)(2)–(7), redesignated subpars. (E) to (I) as (D) to (H), respectively. Former subpar. (D) redesignated (C).
Pub. L. 100–119 inserted subpars. (D) to (I) and struck out former subpars. (D) to (F) which read as follows:
"(D) with respect to the fiscal year beginning October 1, 1988, $72,000,000,000;
"(E) with respect to the fiscal year beginning October 1, 1989, $36,000,000,000; and
"(F) with respect to the fiscal year beginning October 1, 1990, zero."
1986—Par. (6). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text.
1985—Par. (2). Pub. L. 99–177, §201(a)(2), inserted reference to the collection of offsetting receipts, effective Apr. 15, 1986.
Par. (4). Pub. L. 99–177, §232(b), struck out subpar. (B) relating to concurrent resolutions as provided in section 641 of this title, and redesignated subpar. (C) as (B).
Pars. (6) to (10). Pub. L. 99–177, §201(a)(1), added pars. (6) to (10).
1977—Pub. L. 95–110 struck out designation "(a)" before "For the purpose of this chapter" and struck out subsec. (b) which provided that Members of the respective Houses of Congress who were members of the Joint Committee on Atomic Energy were to be treated as standing committees of their respective Houses of Congress.
Statutory Notes and Related Subsidiaries
Change of Name
References to the food stamp program established under the Food and Nutrition Act of 2008 considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture.
Effective Date of 1990 Amendment
Pub. L. 101–508, title XIII, §13211(b), Nov. 5, 1990, 104 Stat. 1388–620, provided that: "The amendment made by subsection (a) [amending this section] shall be effective for fiscal year 1992 and subsequent fiscal years."
Effective Date of 1985 Amendment
Amendment by sections 201(a)(1) and 232(b) of Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, and amendment by section 201(a)(2) of Pub. L. 99–177 effective Apr. 15, 1986, see section 275(a)(1), (2)(A) of Pub. L. 99–177, as amended, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
1 So in original. Probably should be "as".
2 So in original. Probably should be "exceed".
§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), 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, §703, July 12, 1974, 88 Stat. 326.)
Editorial Notes
Codification
Section was formerly classified to section 1303 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
SUBCHAPTER I—CONGRESSIONAL BUDGET PROCESS
§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 President submits budget | Committees submit views and estimates to Budget Committees. |
| April 1 | Senate Budget Committee reports concurrent resolution on the budget. |
| April 15 | Congress completes action on concurrent resolution on the budget. |
| May 15 | Annual appropriation bills may be considered in the House. |
| June 10 | House Appropriations Committee reports last annual appropriation bill. |
| June 15 | Congress completes action on reconciliation legislation. |
| June 30 | House completes action on annual appropriation bills. |
| October 1 | Fiscal year begins. |
(Pub. L. 93–344, title III, §300, July 12, 1974, 88 Stat. 306; Pub. L. 99–177, title II, §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, §10104(a), Aug. 5, 1997, 111 Stat. 679.)
Editorial Notes
Codification
Section was formerly classified to section 1321 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1997—Pub. L. 105–33 substituted "Not later than 6 weeks after President submits budget" for "February 25".
1990—Pub. L. 101–508 substituted "First Monday in February" for "First Monday after January 3".
1985—Pub. L. 99–177 amended section generally. Prior to the amendment the timetable was on or before: November 10—President submits current services budget; 15th day after Congress meets—President submits his budget; March 15—Committees and joint committees submit reports to Budget Committees; April 1—Congressional Budget Office submits reports to Budget Committees; April 15—Budget Committees report first concurrent resolution on the budget to their Houses; May 15—Committees report bills and resolutions authorizing new budget authority; May 15—Congress completes action on first concurrent resolution on the budget; 7th day after Labor Day—Congress completes action on bills and resolutions providing new budget authority and new spending authority; September 15—Congress completes action on second required concurrent resolution on the budget; September 25—Congress completes action on reconciliation bill or resolution, or both, implementing second required concurrent resolution; October 1—Fiscal year begins.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
Effective Date
Subchapter applicable with respect to the fiscal year beginning Oct. 1, 1976, and succeeding fiscal years, except as section 906 of Pub. L. 93–344, formerly set out as a note under section 632 of this title, makes provision for possible application of this section to the fiscal year beginning July 1, 1975, see section 905(c) of Pub. L. 93–344, formerly set out as an Effective Date note under section 621 of this title.
Senate Budget Enforcement
Pub. L. 112–25, title I, §106, Aug. 2, 2011, 125 Stat. 247, provided that:
"(a)
"(1) For the purpose of enforcing the Congressional Budget Act of 1974 [see Short Title note set out under section 621 of this title] through April 15, 2012, including section 300 of that Act [2 U.S.C. 631], and enforcing budgetary points of order in prior concurrent resolutions on the budget, the allocations, aggregates, and levels set in subsection (b)(1) shall apply in the Senate in the same manner as for a concurrent resolution on the budget for fiscal year 2012 with appropriate budgetary levels for fiscal years 2011 and 2013 through 2021.
"(2) For the purpose of enforcing the Congressional Budget Act of 1974 after April 15, 2012, including section 300 of that Act, and enforcing budgetary points of order in prior concurrent resolutions on the budget, the allocations, aggregates, and levels set in subsection (b)(2) shall apply in the Senate in the same manner as for a concurrent resolution on the budget for fiscal year 2013 with appropriate budgetary levels for fiscal years 2012 and 2014 through 2022.
"(b)
"(1) As soon as practicable after the date of enactment of this section [Aug. 2, 2011], the Chairman of the Committee on the Budget shall file—
"(A) for the Committee on Appropriations, committee allocations for fiscal years 2011 and 2012 consistent with the discretionary spending limits set forth in this Act [see Short Title of 2011 Amendment note set out under section 900 of this title] for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 [2 U.S.C. 633];
"(B) for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2011, 2012, 2012 through 2016, and 2012 through 2021 consistent with the Congressional Budget Office's March 2011 baseline adjusted to account for the budgetary effects of this Act and legislation enacted prior to this Act but not included in the Congressional Budget Office's March 2011 baseline, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;
"(C) aggregate spending levels for fiscal years 2011 and 2012 and aggregate revenue levels for fiscal years 2011, 2012, 2012 through 2016, 2012 through 2021 consistent with the Congressional Budget Office's March 2011 baseline adjusted to account for the budgetary effects of this Act and legislation enacted prior to this Act but not included in the Congressional Budget Office's March 2011 baseline, and the discretionary spending limits set forth in this Act for the purpose of enforcing section 311 of the Congressional Budget Act of 1974 [2 U.S.C. 642]; and
"(D) levels of Social Security revenues and outlays for fiscal years 2011, 2012, 2012 through 2016, and 2012 through 2021 consistent with the Congressional Budget Office's March 2011 baseline adjusted to account for the budgetary effects of this Act and legislation enacted prior to this Act but not included in the Congressional Budget Office's March 2011 baseline, for the purpose of enforcing sections 302 and 311 of the Congressional Budget Act of 1974.
"(2) Not later than April 15, 2012, the Chairman of the Committee on the Budget shall file—
"(A) for the Committee on Appropriations, committee allocations for fiscal years 2012 and 2013 consistent with the discretionary spending limits set forth in this Act for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;
"(B) for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2012, 2013, 2013 through 2017, and 2013 through 2022 consistent with the Congressional Budget Office's March 2012 baseline for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;
"(C) aggregate spending levels for fiscal years 2012 and 2013 and aggregate revenue levels for fiscal years 2012, 2013, 2013–2017, and 2013–2022 consistent with the Congressional Budget Office's March 2012 baseline and the discretionary spending limits set forth in this Act for the purpose of enforcing section 311 of the Congressional Budget Act of 1974; and
"(D) levels of Social Security revenues and outlays for fiscal years 2012 and 2013, 2013–2017, and 2013–2022 consistent with the Congressional Budget Office's March 2012 baseline budget for the purpose of enforcing sections 302 and 311 of the Congressional Budget Act of 1974 [2 U.S.C. 633, 642].
"(c)
"(1) Effective on the date of enactment of this section [Aug. 2, 2011], for the purpose of enforcing section 201 of S. Con. Res. 21 (110th Congress), the Chairman of the Senate Committee on the Budget shall reduce any balances of direct spending and revenues for any fiscal year to 0 (zero).
"(2) Not later than April 15, 2012, for the purpose of enforcing section 201 of S. Con. Res. 21 (110th Congress), the Chairman of the Senate Committee on the Budget shall reduce any balances of direct spending and revenues for any fiscal year to 0 (zero).
"(3) Upon resetting the Senate paygo scorecard pursuant to paragraph (2), the Chairman shall publish a notification of such action in the Congressional Record.
"(d)
"(1) The Chairman of the Committee on the Budget of the Senate may revise any allocations, aggregates, or levels set pursuant to this section to account for any subsequent adjustments to discretionary spending limits made pursuant to this Act.
"(2) With respect to any allocations, aggregates, or levels set or adjustments made pursuant to this section, sections 412 through 414 of S. Con. Res. 13 (111th Congress) shall remain in effect.
"(e)
"(1) Subsections (a)(1), (b)(1), and (c)(1) shall expire if a concurrent resolution on the budget for fiscal year 2012 is agreed to by the Senate and House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974 [2 U.S.C. 632].
"(2) Subsections (a)(2), (b)(2), and (c)(2) shall expire if a concurrent resolution on the budget for fiscal year 2013 is agreed to by the Senate and House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974."
§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 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
(7) for 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 the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.]) for the fiscal year of the resolution and for each of the 4 succeeding fiscal years.
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 or the related provisions of the Internal Revenue Code of 1986 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), the calendar year in which, in the opinion of the Congress, the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 [15 U.S.C. 1022a(b)] should be achieved;
(2) include reconciliation directives described in section 641 of this title;
(3) require a procedure under which all or certain bills or resolutions providing new budget authority or new entitlement authority for such fiscal year shall not be enrolled until the Congress has completed action on any reconciliation bill or reconciliation resolution or both required by such concurrent resolution to be reported in accordance with section 641(b) of this title;
(4) set forth such other matters, and require such other procedures, relating to the budget, as may be appropriate to carry out the purposes of this Act;
(5) include a heading entitled "Debt Increase as Measure of Deficit" in which the concurrent resolution shall set forth the amounts by which the debt subject to limit (in section 3101 of title 31) has increased or would increase in each of the relevant fiscal years;
(6) include a heading entitled "Display of Federal Retirement Trust Fund Balances" in which the concurrent resolution shall set forth the balances of the Federal retirement trust funds;
(7) set forth procedures in the Senate whereby committee allocations, aggregates, and other levels can be revised for legislation if that legislation would not increase the deficit, or would not increase the deficit when taken with other legislation enacted after the adoption of the resolution, for the first fiscal year or the total period of fiscal years covered by the resolution;
(8) set forth procedures to effectuate pay-as-you-go in the House of Representatives; and
(9) set forth direct loan obligation and primary loan guarantee commitment levels.
(c) Consideration of procedures or matters which have effect of changing any rule of House
If the Committee on the Budget of the House of Representatives reports any concurrent resolution on the budget which includes any procedure or matter which has the effect of changing any rule of the House of Representatives, such concurrent resolution shall then be referred to the Committee on Rules with instructions to report it within five calendar days (not counting any day on which the House is not in session). The Committee on Rules shall have jurisdiction to report any concurrent resolution referred to it under this paragraph with an amendment or amendments changing or striking out any such procedure or matter.
(d) Views and estimates of other committees
Within 6 weeks after the President submits a budget under section 1105(a) of title 31, or at such time as may be requested by the Committee on the Budget, each committee of the House of Representatives having legislative jurisdiction shall submit to the Committee on the Budget of the House and each committee of the Senate having legislative jurisdiction shall submit to the Committee on the Budget of the Senate its views and estimates (as determined by the committee making such submission) with respect to all matters set forth in subsections (a) and (b) which relate to matters within the jurisdiction or functions of such committee. The Joint Economic Committee shall submit to the Committees on the Budget of both Houses its recommendations as to the fiscal policy appropriate to the goals of the Employment Act of 1946 [15 U.S.C. 1021 et seq.]. Any other committee of the House of Representatives or the Senate may submit to the Committee on the Budget of its House, and any joint committee of the Congress may submit to the Committees on the Budget of both Houses, its views and estimates with respect to all matters set forth in subsections (a) and (b) which relate to matters within its jurisdiction or functions. Any Committee 1 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) 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) may be considered by the Committee on the Budget of each House as part of its consideration of such concurrent resolution, and its report may reflect its views thereon, including its views on how the estimates of revenues and levels of budget authority and outlays set forth in such concurrent resolution are designed to achieve any goals it is recommending.
(2) Required contents of report
The report accompanying the resolution shall include—
(A) a comparison of the levels of total new budget authority, total outlays, total revenues, and the surplus or deficit for each fiscal year set forth in the resolution with those requested in the budget submitted by the President;
(B) with respect to each major functional category, an estimate of total new budget authority and total outlays, with the estimates divided between discretionary and mandatory amounts;
(C) the economic assumptions that underlie each of the matters set forth in the resolution and any alternative economic assumptions and objectives the committee considered;
(D) information, data, and comparisons indicating the manner in which, and the basis on which, the committee determined each of the matters set forth in the resolution;
(E) the estimated levels of tax expenditures (the tax expenditures budget) by major items and functional categories for the President's budget and in the resolution; and
(F) allocations described in section 633(a) of this title.
(3) Additional contents of report
The report accompanying the resolution may include—
(A) a statement of any significant changes in the proposed levels of Federal assistance to State and local governments;
(B) an allocation of the level of Federal revenues recommended in the resolution among the major sources of such revenues;
(C) information, data, and comparisons on the share of total Federal budget outlays and of gross domestic product devoted to investment in the budget submitted by the President and in the resolution;
(D) the assumed levels of budget authority and outlays for public buildings, with a division between amounts for construction and repair and for rental payments; and
(E) other matters, relating to the budget and to fiscal policy, that the committee deems appropriate.
(f) Achievement of goals for reducing unemployment
(1) If, pursuant to section 4(c) of the Employment Act of 1946 [15 U.S.C. 1022a(c)], the President recommends in the Economic Report that the goals for reducing unemployment set forth in section 4(b) of such Act [15 U.S.C. 1022a(b)] be achieved in a year after the close of the five-year period prescribed by such subsection, the concurrent resolution on the budget for the fiscal year beginning after the date on which such Economic Report is received by the Congress may set forth the year in which, in the opinion of the Congress, such goals can be achieved.
(2) After the Congress has expressed its opinion pursuant to paragraph (1) as to the year in which the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 [15 U.S.C. 1022a(b)] can be achieved, if, pursuant to section 4(e) of such Act [15 U.S.C. 1022a(e)], the President recommends in the Economic Report that such goals be achieved in a year which is different from the year in which the Congress has expressed its opinion that such goals should be achieved, either in its action pursuant to paragraph (1) or in its most recent action pursuant to this paragraph, the concurrent resolution on the budget for the fiscal year beginning after the date on which such Economic Report is received by the Congress may set forth the year in which, in the opinion of the Congress, such goals can be achieved.
(3) It shall be in order to amend the provision of such resolution setting forth such year only if the amendment thereto also proposes to alter the estimates, amounts, and levels (as described in subsection (a)) set forth in such resolution in germane fashion in order to be consistent with the economic goals (as described in sections 3(a)(2) and 4(b) of the Employment Act of 1946 [15 U.S.C. 1022(a)(2), 1022a(b)]) which such amendment proposes can be achieved by the year specified in such amendment.
(g) Economic assumptions
(1) It shall not be in order in the Senate to consider any concurrent resolution on the budget for a fiscal year, or any amendment thereto, or any conference report thereon, that sets forth amounts and levels that are determined on the basis of more than one set of economic and technical assumptions.
(2) The joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall set forth the common economic assumptions upon which such joint statement and conference report are based, or upon which any amendment contained in the joint explanatory statement to be proposed by the conferees in the case of technical disagreement, is based.
(3) Subject to periodic reestimation based on changed economic conditions or technical estimates, determinations under titles III and IV of the Congressional Budget Act of 1974 [2 U.S.C. 631 et seq., 651 et seq.] 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 [26 U.S.C. 1 et seq.] 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, §301, July 12, 1974, 88 Stat. 306; Pub. L. 95–523, title III, §§303(a), 304, Oct. 27, 1978, 92 Stat. 1905, 1906; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1040; Pub. L. 100–119, title I, §106(d), title II, §208(a), Sept. 29, 1987, 101 Stat. 781, 786; Pub. L. 100–418, title V, §5302, Aug. 23, 1988, 102 Stat. 1462; Pub. L. 101–508, title XIII, §§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, §102(2), Mar. 22, 1995, 109 Stat. 62; Pub. L. 105–33, title X, §10105(a)–(f)(1), Aug. 5, 1997, 111 Stat. 679, 680; Pub. L. 113–67, div. A, title I, §122(1), (2), Dec. 26, 2013, 127 Stat. 1175.)
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Internal Revenue Code of 1986, referred to in subsecs. (a) and (i), is classified generally to Title 26, Internal Revenue Code.
This Act, referred to in subsec. (b)(4), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A and 17B, and section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended sections 11, 665, 701, 1020, 1151, 1152, 1153 and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31 and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
The Employment Act of 1946, referred to in subsec. (d), is act Feb. 20, 1946, ch. 33, 60 Stat. 23, which is classified generally to chapter 21 (§1021 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1021 of Title 15 and Tables.
The Congressional Budget Act of 1974, referred to in subsec. (g)(3), is titles I through IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Titles III and IV of the Act are classified generally to this subchapter (§631 et seq.) and subchapter II (§651 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
Codification
Section was formerly classified to section 1322 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
2013—Subsec. (a). Pub. L. 113–67, §122(2), substituted "old-age" for "old age" in concluding provisions.
Subsec. (a)(6), (7). Pub. L. 113–67, §122(1), substituted "for purposes" for "For purposes".
1997—Subsec. (a). Pub. L. 105–33, §10105(a), in introductory provisions, substituted "and for at least each of the 4 ensuing fiscal years" for ", and planning levels for each of the two ensuing fiscal years,".
Subsec. (a)(1), (4). Pub. L. 105–33, §10105(b), substituted "and outlays" for ", budget outlays, direct loan obligations, and primary loan guarantee commitments".
Subsec. (b)(7). Pub. L. 105–33, §10105(c)(1), added par. (7) and struck out former par. (7) which related to setting forth pay-as-you-go procedures for the Senate.
Subsec. (b)(9). Pub. L. 105–33, §10105(c)(2), (3), added par. (9).
Subsec. (d). Pub. L. 105–33, §10105(d), in first sentence, inserted "or at such time as may be requested by the Committee on the Budget," after "title 31,".
Subsec. (e). Pub. L. 105–33, §10105(e), designated existing provisions as par. (1), inserted par. heading, added pars. (2) and (3), and struck out former last sentence consisting of pars. (1) to (9) which contained requirements for contents of report to accompany the concurrent resolution on the budget.
Subsec. (i). Pub. L. 105–33, §10105(f)(1), inserted heading and substituted "(or amendment, motion, or conference report on the resolution)" for "as reported to the Senate".
1995—Subsec. (d). Pub. L. 104–4 inserted at end "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."
1990—Subsec. (a). Pub. L. 101–508, §13301(b), inserted at end: "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 or the related provisions of the Internal Revenue Code of 1986 in the surplus or deficit totals required by this subsection or in any other surplus or deficit totals required by this subchapter."
Subsec. (a)(6), (7). Pub. L. 101–508, §13303(a), added pars. (6) and (7).
Subsec. (b)(5), (6). Pub. L. 101–508, §13203, added pars. (5) and (6).
Subsec. (b)(7), (8). Pub. L. 101–508, §13204, added pars. (7) and (8).
Subsec. (d). Pub. L. 101–508, §13112(a)(5), substituted "Within 6 weeks after the President submits a budget under section 1105(a) of title 31" for "On or before February 25 of each year".
Subsec. (i). Pub. L. 101–508, §13303(b), amended subsec. (i) generally, substituting present provisions for former provisions relating to maximum deficit amounts.
1988—Subsec. (e)(10). Pub. L. 100–418 temporarily added par. (10). See Effective and Termination Dates of 1988 Amendment note below.
1987—Subsec. (g). Pub. L. 100–119, §208(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "The joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall set forth the common economic assumptions upon which such joint statement and conference report are based, or upon which any amendment contained in the joint explanatory statement to be proposed by the conferees in the case of technical disagreement is based."
Subsec. (i)(2). Pub. L. 100–119, §106(d), designated existing provisions as subpar. (A) and added subpars. (B) and (C).
1985—Pub. L. 99–177 substituted "Adoption of concurrent resolution on the budget" for "Adoption of first concurrent resolution" in section catchline.
Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, substituting provisions relating to content of concurrent resolution on the budget, for provisions relating to action required to be completed by May 15 of each year.
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, inserting provisions relating to achievement of goals for reducing unemployment and provisions relating to reconciliation directives described in section 641 of this title.
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, substituting provisions relating to consideration of procedures or matters which have the effect of changing any rule of the House of Representatives, for provisions relating to submission on or before March 15 of each year of the views and estimates of other committees.
Subsec. (d). Pub. L. 99–177 amended subsec. (d) generally, substituting provisions relating to views and estimates of other committees, for provisions relating to hearings and report in developing the first concurrent resolution on the budget.
Subsec. (e). Pub. L. 99–177 amended subsec. (e) generally, substituting provisions relating to hearings and report in developing the concurrent resolution on the budget, for provisions relating to achievement of goals for reducing unemployment.
Subsecs. (f) to (i). Pub. L. 99–177, §§201(b), 275(b)(2)(B), in amending section generally, added subsecs. (f) to (i).
1978—Subsec. (a)(6), (7). Pub. L. 95–523, §304(a), added par. (6) and redesignated former par. (6) as (7).
Subsec. (d). Pub. L. 95–523, §303(a), which directed insertion in subsec. (c) provisions relating to consideration by the Committee on the Budget of each House respecting short-term and medium-term goals set forth in the Joint Economic Committee report and the reflection of its views in its report and insertion of "also" after "concurrent resolution shall" was executed to subsec. (d) to reflect the probable intent of Congress.
Subsec. (e). Pub. L. 95–523, §304(b), added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–4 effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as an Effective Date note under section 1511 of this title.
Effective Date of 1990 Amendment
Pub. L. 101–508, title XIII, §13306, Nov. 5, 1990, 104 Stat. 1388–628, provided that: "Sections 13301, 13302, and 13303 and any amendments made by such sections [amending this section and sections 633 and 642 of this title and enacting provisions set out as notes under this section] shall apply with respect to fiscal years beginning on or after October 1, 1990. Section 13304 [amending section 401 of Title 42, The Public Health and Welfare] shall be effective for annual reports of the Board of Trustees issued in or after calendar year 1991."
Effective and Termination Dates of 1988 Amendment
Amendment by Pub. L. 100–418 effective for fiscal years 1989, 1990, 1991, and 1992, see section 5303 of Pub. L. 100–418, set out as a note under section 1105 of Title 31, Money and Finance.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
Exclusion of Social Security From All Budgets
Pub. L. 101–508, title XIII, §13301(a), Nov. 5, 1990, 104 Stat. 1388–623, provided that: "Notwithstanding any other provision of law, the receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of—
"(1) the budget of the United States Government as submitted by the President,
"(2) the congressional budget, or
"(3) the Balanced Budget and Emergency Deficit Control Act of 1985 [see Short Title note set out under section 900 of this title]."
Protection of OASDI Trust Funds in House of Representatives
Pub. L. 101–508, title XIII, §13302, Nov. 5, 1990, 104 Stat. 1388–623, provided that:
"(a)
"(1)(A) such legislation under consideration would provide for a net increase in OASDI benefits of at least 0.02 percent of the present value of future taxable payroll for the 75-year period utilized in the most recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security Act [42 U.S.C. 401(c)(2)], and (B) such legislation under consideration does not provide at least a net increase, for such 75-year period, in OASDI taxes of the amount by which the net increase in such benefits exceeds 0.02 percent of the present value of future taxable payroll for such 75-year period,
"(2)(A) such legislation under consideration would provide for a net increase in OASDI benefits (for the 5-year estimating period for such legislation under consideration), (B) such net increase, together with the net increases in OASDI benefits resulting from previous legislation enacted during that fiscal year or any of the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, exceeds $250,000,000, and (C) such legislation under consideration does not provide at least a net increase, for the 5-year estimating period for such legislation under consideration, in OASDI taxes which, together with net increases in OASDI taxes resulting from such previous legislation which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, equals the amount by which the net increase derived under subparagraph (B) exceeds $250,000,000;
"(3)(A) such legislation under consideration would provide for a net decrease in OASDI taxes of at least 0.02 percent of the present value of future taxable payroll for the 75-year period utilized in the most recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security Act, and (B) such legislation under consideration does not provide at least a net decrease, for such 75-year period, in OASDI benefits of the amount by which the net decrease in such taxes exceeds 0.02 percent of the present value of future taxable payroll for such 75-year period, or
"(4)(A) such legislation under consideration would provide for a net decrease in OASDI taxes (for the 5-year estimating period for such legislation under consideration), (B) such net decrease, together with the net decreases in OASDI taxes resulting from previous legislation enacted during that fiscal year or any of the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, exceeds $250,000,000, and (C) such legislation under consideration does not provide at least a net decrease, for the 5-year estimating period for such legislation under consideration, in OASDI benefits which, together with net decreases in OASDI benefits resulting from such previous legislation which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, equals the amount by which the net decrease derived under subparagraph (B) exceeds $250,000,000.
"(b)
"(c)
"(1) The term 'OASDI benefits' means the benefits under the old-age, survivors, and disability insurance programs under title II of the Social Security Act [42 U.S.C. 401 et seq.].
"(2) The term 'OASDI taxes' means—
"(A) the taxes imposed under sections 1401(a), 3101(a), and 3111(a) of the Internal Revenue Code of 1986 [26 U.S.C. 1401(a), 3101(a), 3111(a)], and
"(B) the taxes imposed under chapter 1 of such Code [26 U.S.C. 1 et seq.] (to the extent attributable to section 86 of such Code [26 U.S.C. 86]).
"(3) The term 'medicare taxes' means the taxes imposed under sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue Code of 1986.
"(4) The term 'previous legislation' shall not include legislation enacted before fiscal year 1991.
"(5) The term '5-year estimating period' means, with respect to any legislation, the fiscal year in which such legislation becomes or would become effective and the next 4 fiscal years.
"(6) No provision of any bill or resolution, or any amendment thereto or conference report thereon, involving a change in chapter 1 of the Internal Revenue Code of 1986 shall be treated as affecting the amount of OASDI taxes referred to in paragraph (2)(B) unless such provision changes the income tax treatment of OASDI benefits."
Balanced Federal Budgets; Congressional Budget Committee Reports by April 15, 1979, 1980, and 1981, of Balanced Fiscal Year Budgets for 1981 and 1982
Pub. L. 96–5, §5, Apr. 2, 1979, 93 Stat. 8, which provided that Congress shall balance the Federal budget, that the Budget Committees were to report, by April 15, 1979, a fiscal year budget for 1981 that would be in balance, and also a fiscal year budget for 1982 that would be in balance, and by April 15, 1980, a fiscal year budget for 1981 that would be in balance, and by April 15, 1981, a fiscal year budget for 1982 that would be in balance, and that the Budget Committees were to show the consequences of each budget on each budget function and on the economy, setting forth the effects on revenues, spending, employment, inflation, and national security, was repealed by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068.
Application of Congressional Budget Process to Fiscal Year Beginning July 1, 1975
Pub. L. 93–344, title IX, §906, July 12, 1974, 88 Stat. 332, provided for application of provisions of this subchapter and sections 602(f), 651, and 652 of this title with respect to the fiscal year beginning July 1, 1975, to the extent agreed to by the Committees on the Budget of the House of Representatives and the Senate, prior to repeal by Pub. L. 105–33, title X, §10120(a), Aug. 5, 1997, 111 Stat. 696.
1 So in original. Probably should not be capitalized.
§633. Committee allocations
(a) Committee spending allocations
(1) Allocation among committees
The joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall include an allocation, consistent with the resolution recommended in the conference report, of the levels for the first fiscal year of the resolution, for at least each of the ensuing 4 fiscal years, and a total for that period of fiscal years (except in the case of the Committee on Appropriations only for the fiscal year of that resolution) of—
(A) total new budget authority; and
(B) total outlays;
among each committee of the House of Representatives or the Senate that has jurisdiction over legislation providing or creating such amounts.
(2) No double counting
In the House of Representatives, any item allocated to one committee may not be allocated to another committee.
(3) Further division of amounts
(A) In the Senate
In the Senate, the amount allocated to the Committee on Appropriations shall be further divided among the categories specified in section 900(c)(4) of this title and shall not exceed the limits for each category set forth in section 901(c) of this title.
(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 900(c)(4) of this title.
(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) 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) 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) for a fiscal year, it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report within the jurisdiction of that committee providing new budget authority for that fiscal year, until that committee makes the suballocations required by subsection (b).
(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) and the subdivisions under subsection (b) 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), 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) 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) 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) to be exceeded.
(g) Pay-as-you-go exception in the House
(1) In general
(A) Subsection (f)(1) and, after April 15, section 634(a) of this title shall not apply to any bill or joint resolution, as reported, amendment thereto, or conference report thereon if, for each fiscal year covered by the most recently agreed to concurrent resolution on the budget—
(i) the enactment of that bill or resolution as reported;
(ii) the adoption and enactment of that amendment; or
(iii) the enactment of that bill or resolution in the form recommended in that conference report,
would not increase the deficit, and, if the sum of any revenue increases provided in legislation already enacted during the current session (when added to revenue increases, if any, in excess of any outlay increase provided by the legislation proposed for consideration) is at least as great as the sum of the amount, if any, by which the aggregate level of Federal revenues should be increased as set forth in that concurrent resolution and the amount, if any, by which revenues are to be increased pursuant to pay-as-you-go procedures under section 632(b)(8) of this title, if included in that concurrent resolution.
(B) Section 642(a) of this title, as that section applies to revenues, shall not apply to any bill, joint resolution, amendment thereto, or conference report thereon if, for each fiscal year covered by the most recently agreed to concurrent resolution on the budget—
(i) the enactment of that bill or resolution as reported;
(ii) the adoption and enactment of that amendment; or
(iii) the enactment of that bill or resolution in the form recommended in that conference report,
would not increase the deficit, and, if the sum of any outlay reductions provided in legislation already enacted during the current session (when added to outlay reductions, if any, in excess of any revenue reduction provided by the legislation proposed for consideration) is at least as great as the sum of the amount, if any, by which the aggregate level of Federal outlays should be reduced as required by that concurrent resolution and the amount, if any, by which outlays are to be reduced pursuant to pay-as-you-go procedures under section 632(b)(8) of this title, if included in that concurrent resolution.
(2) Revised allocations
(A) As soon as practicable after Congress agrees to a bill or joint resolution that would have been subject to a point of order under subsection (f)(1) 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 subsection (a) 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, §302, July 12, 1974, 88 Stat. 308; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1044; Pub. L. 101–508, title XIII, §§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, §10106, Aug. 5, 1997, 111 Stat. 680; Pub. L. 113–67, div. A, title I, §122(3), Dec. 26, 2013, 127 Stat. 1175.)
Editorial Notes
References in Text
This Act, referred to in subsec. (g)(2)(B), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A, and 17B and section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, and sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31, and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
Codification
Section was formerly classified to section 1323 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
2013—Subsec. (g)(2)(A). Pub. L. 113–67 substituted "Committee on the Budget" for "committee on the Budget".
1997—Subsec. (a). Pub. L. 105–33, §10106(a), added subsec. (a) and struck out former subsec. (a) which required inclusion of certain allocations to committees of the House of Representatives and of the Senate in the joint explanatory statement accompanying a conference report on a concurrent resolution on the budget.
Subsec. (b). Pub. L. 105–33, §10106(a), added subsec. (b) and struck out former subsec. (b) which required committees of each House to subdivide among their subcommittees the allocations of budget outlays and new budget authority allocated to them in joint explanatory statement accompanying conference report on concurrent resolution on budget and required further subdivisions of such allocations by subcommittees.
Subsec. (c). Pub. L. 105–33, §10106(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, providing—
"(1) new budget authority for a fiscal year; or
"(2) new spending authority as described in section 651(c)(2) of this title for a fiscal year;
within the jurisdiction of any committee which has received an appropriate allocation of such authority pursuant to subsection (a) of this section for such fiscal year, unless and until such committee makes the allocation or subdivisions required by subsection (b) of this section, in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year."
Subsec. (f)(1). Pub. L. 105–33, §10106(c)(1), substituted "providing new budget authority for any fiscal year" for "providing new budget authority for such fiscal year or new entitlement authority effective during such fiscal year" in introductory provisions and "applicable allocation of new budget authority made under subsection (a) or (b) for the first fiscal year or the total of fiscal years to be exceeded." for "appropriate allocation made pursuant to subsection (b) of this section for such fiscal year of new discretionary budget authority or new entitlement authority to be exceeded." in concluding provisions.
Subsec. (f)(2). Pub. L. 105–33, §10106(c)(2), reenacted heading without change and amended text generally. Prior to amendment, text provided that consideration in the Senate was not in order for certain bills, joint resolutions, amendments, motions, or conference reports that provided for budget outlays, new budget authority, or new spending authority in excess of certain allocations.
Subsec. (g). Pub. L. 105–33, §10106(d), amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: "For purposes of this section, the levels of new budget authority, spending authority as described in section 651(c)(2) of this title, outlays, and new credit authority 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 the case may be."
1990—Subsec. (a)(1). Pub. L. 101–508, §13201(b)(3)(A), substituted "and total entitlement authority" for "total entitlement authority, and total credit authority", "or such entitlement authority" for "such entitlement authority, or such credit authority", and "and entitlement authority" for "entitlement authority, and credit authority".
Subsec. (a)(2). Pub. L. 101–508, §13303(c)(1), inserted "social security outlays for the fiscal year of the resolution and for each of the 4 succeeding fiscal years," after "appropriate levels of".
Pub. L. 101–508, §13201(b)(3)(B), substituted "total budget outlays and total new budget authority" for "total budget outlays, total new budget authority and new credit authority".
Pub. L. 101–508, §13112(a)(6), struck out "the House of Representatives and" after "among each committee of".
Subsec. (b)(1)(A). Pub. L. 101–508, §13201(b)(3)(C), substituted "budget outlays and new budget authority" for "budget outlays, new budget authority, and new credit authority".
Subsec. (c). Pub. L. 101–508, §13207(a)(1)(A), substituted "bill, joint resolution, amendment, motion, or conference report" for "bill or resolution, or amendment thereto".
Subsec. (c)(3). Pub. L. 101–508, §13201(b)(3)(D), struck out par. (3) which read as follows: "new credit authority for a fiscal year;".
Subsec. (f)(1). Pub. L. 101–508, §13207(a)(1)(B), inserted "joint" before "resolution" the second and third places appearing in introductory provisions.
Pub. L. 101–508, §13201(b)(3)(E), substituted "year or new entitlement authority effective during such fiscal year," for "year, new entitlement authority effective during such fiscal year, or new credit authority for such fiscal year," in introductory provisions and "authority or new entitlement authority" for "authority, new entitlement authority, or new credit authority" in closing provisions.
Subsec. (f)(2). Pub. L. 101–508, §13303(c)(3), inserted three sentences at end beginning with "In applying this paragraph—".
Pub. L. 101–508, §13303(c)(2), which directed the insertion of "or provides for social security outlays in excess of the appropriate allocation of social security outlays under subsection (a) of this section for the fiscal year of the resolution or for the total of that year and the 4 succeeding fiscal years" before the period, was executed by making the insertion before the period at end of first sentence, as the probable intent of Congress, in view of the applicability of the amendment. See Effective and Termination Dates of 1990 Amendment note below.
Pub. L. 101–508, §13207(a)(2), substituted "outlays, new budget authority, or new spending authority (as defined in section 651(c)(2) of this title)" for "outlays or new budget authority".
Pub. L. 101–508, §13207(a)(1)(B), substituted "bill, joint resolution, amendment, motion, or conference report" for "bill or resolution (including a conference report thereon), or any amendment to a bill or resolution".
Pub. L. 101–508, §13201(b)(2), temporarily inserted "or new credit authority" after "new budget authority". See Effective and Termination Dates of 1990 Amendment note below.
Pub. L. 101–508, §13112(a)(7), inserted "(A)" after "in excess of", substituted "under subsection (a) of this section, or (B) the appropriate allocation (if any) of such outlays or authority reported under subsection (b) of this section" for "under subsection (b) of this section", and inserted after first sentence "Subparagraph (A) shall not apply to any bill, resolution, amendment, motion, or conference report that is within the jurisdiction of the Committee on Appropriations."
1985—Pub. L. 99–177 substituted "Committee allocations" for "Matters to be included in joint statement of managers; reports by committees" in section catchline.
Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, providing for separate provisions relating to allocations of totals for the House of Representatives and for the Senate, with respect to the joint explanatory statement accompanying the conference report on a concurrent resolution on the budget.
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, inserting applicability to new credit authority.
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, substituting provisions relating to point of order for provisions relating to subsequent concurrent resolutions.
Subsecs. (d) to (g). Pub. L. 99–177, in amending section generally, added subsecs. (d) to (g).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1990 Amendment
Pub. L. 101–508, title XIII, §13201(b)(2), Nov. 5, 1990, 104 Stat. 1388–614, provided that the amendment made by section 13201(b)(2) is effective Jan. 1, 1991, for fiscal year 1991 only.
Pub. L. 101–508, title XIII, §13201(b)(3), Nov. 5, 1990, 104 Stat. 1388–614, provided that the amendment made by section 13201(b)(3) is effective for fiscal years beginning after Sept. 30, 1991.
Amendment by section 13303(c) of Pub. L. 101–508 applicable with respect to fiscal years beginning on or after Oct. 1, 1990, see section 13306 of Pub. L. 101–508, set out as an Effective Date of 1990 Amendment note under section 632 of this title.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, except that such amendment, insofar as it relates to subsecs. (c), (f), and (g) of this section, to become effective Apr. 15, 1986, see section 275(a)(1), (2)(A) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
§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 House
In the House of Representatives, subsection (a) 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 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, §303, July 12, 1974, 88 Stat. 309; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1046; Pub. L. 101–508, title XIII, §§13205, 13207(a)(1)(C), Nov. 5, 1990, 104 Stat. 1388–616, 1388-617; Pub. L. 105–33, title X, §10107(a), Aug. 5, 1997, 111 Stat. 683.)
Editorial Notes
Codification
Section was formerly classified to section 1324 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1997—Pub. L. 105–33 amended section catchline and text generally. Prior to amendment, text provided that concurrent resolution on the budget must be adopted before legislation providing new budget authority, new spending authority, new credit authority, or changes in revenues or public debt limit could be considered.
1990—Subsec. (a). Pub. L. 101–508, §13207(a)(1)(C), substituted "bill, joint resolution, amendment, motion, or conference report" for "bill or resolution (or amendment thereto)".
Pub. L. 101–508, §13205(a)(4), inserted "(or, in the Senate, a concurrent resolution on the budget covering such fiscal year)" after "fiscal year" in closing provisions.
Subsec. (a)(5), (6). Pub. L. 101–508, §13205(a)(1)–(3), added pars. (5) and (6) and struck out former par. (5) which read as follows: "new credit authority for a fiscal year,".
Subsec. (b). Pub. L. 101–508, §13205(b), designated existing provisions as par. (1) and substituted "In the House of Representatives, subsection (a)" for "Subsection (a)", redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
1985—Pub. L. 99–177 inserted reference to new credit authority in section catchline.
Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, substituting provisions respecting new entitlement authority or new credit authority, for provisions respecting new spending authority.
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, inserting provisions relating to applicability of subsec. (a) after May 15 of any calendar year.
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, inserting references to amendments of bills or resolutions wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
§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, §304, July 12, 1974, 88 Stat. 310; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1047; Pub. L. 100–119, title II, §208(b), Sept. 29, 1987, 101 Stat. 786; Pub. L. 101–508, title XIII, §13112(a)(8), Nov. 5, 1990, 104 Stat. 1388–608; Pub. L. 105–33, title X, §10108, Aug. 5, 1997, 111 Stat. 684.)
Editorial Notes
Codification
Section was formerly classified to section 1325 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1997—Pub. L. 105–33 designated subsec. (a) as entire section and struck out subsec. (a) heading "In general" and subsec. (b) heading and text. Prior to amendment, text of subsec. (b) read as follows: "The provisions of section 632(g) of this title shall apply with respect to concurrent resolutions on the budget under this section (and amendments thereto and conference reports thereon) in the same way they apply to concurrent resolutions on the budget under such section 632(g) of this title (and amendments thereto and conference reports thereon)."
1990—Subsecs. (b), (c). Pub. L. 101–508 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: "The provisions of section 632(i) of this title shall apply with respect to concurrent resolutions on the budget under this section (and amendments thereto and conference reports thereon) in the same way they apply to concurrent resolutions on the budget under such section 632(i) of this title (and amendments thereto and conference reports thereon)."
1987—Subsec. (c). Pub. L. 100–119 added subsec. (c).
1985—Pub. L. 99–177, in amending section generally, inserted "Permissible" before "revisions" in section catchline, designated existing provisions as subsec. (a), struck out "first" after "after the", and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
§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 4 of rule XIII 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 XVIII of the Rules of the House of Representatives. After the Committee rises and reports the resolution back to the House, the previous question shall be considered as ordered on the resolution and any amendments thereto to final passage without intervening motion; except that it shall be in order at any time prior to final passage (notwithstanding any other rule or provision of law) to adopt an amendment (or a series of amendments) changing any figure or figures in the resolution as so reported to the extent necessary to achieve mathematical consistency.
(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 of this title all such debate shall be limited to not more than 15 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(2) Debate in the Senate on any amendment to a concurrent resolution on the budget shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, and debate on any amendment to an amendment, debatable motion, or appeal shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, except that in the event the manager of the concurrent resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of such concurrent resolution shall be received. Such leaders, or either of them, may, from the time under their control on the passage of the concurrent resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal.
(3) Following the presentation of opening statements on the concurrent resolution on the budget for a fiscal year by the chairman and ranking minority member of the Committee on the Budget of the Senate, there shall be a period of up to four hours for debate on economic goals and policies.
(4) Subject to the other limitations of this Act, only if a concurrent resolution on the budget reported by the Committee on the Budget of the Senate sets forth the economic goals (as described in sections 1022(a)(2) and 1022a(b) of title 15) which the estimates, amounts, and levels (as described in section 632(a) of this title) set forth in such resolution are designed to achieve, shall it be in order to offer to such resolution an amendment relating to such goals, and such amendment shall be in order only if it also proposes to alter such estimates, amounts, and levels in germane fashion in order to be consistent with the goals proposed in such amendment.
(5) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution.
(6) Notwithstanding any other rule, an amendment or series of amendments to a concurrent resolution on the budget proposed in the Senate shall always be in order if such amendment or series of amendments proposes to change any figure or figures then contained in such concurrent resolution so as to make such concurrent resolution mathematically consistent or so as to maintain such consistency.
(c) Action on conference reports in Senate
(1) A motion to proceed to the consideration of the conference report on any concurrent resolution on the budget (or a reconciliation bill or resolution) may be made even though a previous motion to the same effect has been disagreed to.
(2) During the consideration in the Senate of the conference report (or a message between Houses) on any concurrent resolution on the budget, and all amendments in disagreement, and all amendments thereto, and debatable motions and appeals in connection therewith, debate shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report (or a message between Houses) shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report (or a message between Houses).
(3) Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to 1 hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to one-half hour, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between and controlled by the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee.
(4) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received.
(d) Concurrent resolution must be consistent in Senate
It shall not be in order in the Senate to vote on the question of agreeing to—
(1) a concurrent resolution on the budget unless the figures then contained in such resolution are mathematically consistent; or
(2) a conference report on a concurrent resolution on the budget unless the figures contained in such resolution, as recommended in such conference report, are mathematically consistent.
(Pub. L. 93–344, title III, §305, July 12, 1974, 88 Stat. 310; Pub. L. 95–523, title III, §303(b), (c), Oct. 27, 1978, 92 Stat. 1905, 1906; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1047; Pub. L. 100–119, title II, §209, Sept. 29, 1987, 101 Stat. 787; Pub. L. 100–203, title VIII, §8003(d), Dec. 22, 1987, 101 Stat. 1330–282; Pub. L. 101–508, title XIII, §§13209, 13210(1), Nov. 5, 1990, 104 Stat. 1388–619, 1388-620; Pub. L. 105–33, title X, §10109(a), Aug. 5, 1997, 111 Stat. 684; Pub. L. 113–67, div. A, title I, §122(4)–(6), Dec. 26, 2013, 127 Stat. 1175.)
Editorial Notes
References in Text
This Act, referred to in subsec. (b)(4), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A and 17B, and section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31 and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
Codification
Section was formerly classified to section 1326 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
2013—Subsec. (a)(1). Pub. L. 113–67, §122(4), substituted "clause 4 of rule XIII" for "clause 2(l)(6) of rule XI".
Subsec. (a)(5). Pub. L. 113–67, §122(5), substituted "provisions of rule XVIII" for "provisions of rule XXIII".
Subsec. (b)(1). Pub. L. 113–67, §122(6), substituted "section 635" for "section 635(a)".
1997—Subsec. (a)(1). Pub. L. 105–33 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "When the Committee on the Budget of the House of Representatives has reported any concurrent resolution on the budget, it is in order at any time after the fifth day (excluding Saturdays, Sundays, and legal holidays) following the day on which the report upon such resolution by the Committee on the Budget has been available to Members of the House and, if applicable, after the first day (excluding Saturdays, Sundays, and legal holidays) following the day on which a report upon such resolution by the Committee on Rules pursuant to section 632(c) of this title has been available to Members of the House (even though a previous motion to the same effect has been disagreed to) 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."
1990—Subsec. (c)(1). Pub. L. 101–508, §13209(1), struck out at beginning "The conference report on any concurrent resolution on the budget 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 conference report is reported and is available to Members of the Senate." and inserted "on any concurrent resolution on the budget (or a reconciliation bill or resolution)" after "consideration of the conference report".
Subsec. (c)(2). Pub. L. 101–508, §13209(2), inserted "(or a message between Houses)" after "conference report" wherever appearing.
Subsecs. (d), (e). Pub. L. 101–508, §13210(1), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: "If at the end of 7 days (excluding Saturdays, Sundays, and legal holidays) after the conferees of both Houses have been appointed to a committee of conference on a concurrent resolution on the budget, the conferees are unable to reach agreement with respect to all matters in disagreement between the two Houses, then the conferees shall submit to their respective Houses, on the first day thereafter on which their House is in session—
"(1) a conference report recommending those matters on which they have agreed and reporting in disagreement those matters on which they have not agreed; or
"(2) a conference report in disagreement, if the matter in disagreement is an amendment which strikes out the entire text of the concurrent resolution and inserts a substitute text."
1987—Subsec. (c)(2). Pub. L. 100–203, §8003(d), inserted a comma after "therewith".
Pub. L. 100–119 inserted "and all amendments in disagreement, and all amendments thereto, and debatable motions and appeals in connection therewith" after "budget,".
1985—Subsec. (a). Pub. L. 99–177, in amending subsec. (a) generally, in par. (1) inserted provisions relating to applicability of report after first day and substituted "fifth day" for "tenth day", in par. (3) struck out "first" before "concurrent", in par. (5) substituted "considered for" for "read for", struck out par. (7) relating to motions to postpone, and redesignated par. (8) as (7).
Subsec. (b). Pub. L. 99–177, in amending subsec. (b) generally, in par. (1) substituted "any concurrent" for "the second required concurrent" and "635(a)" for "641(a)", in par. (3) struck out "first" before "concurrent", and in par. (4) inserted provisions relating to applicability of other limitations of this Act.
Subsecs. (c) to (e). Pub. L. 99–177, in amending section generally, reenacted subsecs. (c) to (e) without change.
1978—Subsec. (a). Pub. L. 95–523, §303(b), inserted in par. (2) ", plus such additional hours of debate as are consumed pursuant to paragraph (3)" after "and minority parties", added pars. (3) and (4) and redesignated existing pars. (3) to (6) as (6) to (9), respectively. Existing pars. (3) to (6) were renumbered (5) to (8), respectively, as the probable intent of Congress, notwithstanding the language of section 303(b)(2) of Pub. L. 95–523 directing that existing pars. (3) to (6) be redesignated (6) to (9), respectively.
Subsec. (b). Pub. L. 95–523, §303(c), added pars. (3) and (4) and redesignated existing pars. (3) and (4) as (6) and (7), respectively. Existing pars. (3) and (4) were renumbered (5) and (6), respectively, as the probable intent of Congress, notwithstanding the language of section 303(c)(1) of Pub. L. 95–523 directing that existing pars. (3) and (4) be redesignated (6) and (7), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
§637. Legislation dealing with Congressional budget must be handled by Budget Committees
(a) In the Senate
In the Senate, no bill, resolution, amendment, motion, or conference report, dealing with any matter which is within the jurisdiction of the Committee on the Budget shall be considered unless it is a bill or resolution which has been reported by the Committee on the Budget (or from the consideration of which such committee has been discharged) or unless it is an amendment to such a bill or resolution.
(b) In the House of Representatives
In the House of Representatives, no bill or joint resolution, or amendment thereto, or conference report thereon, dealing with any matter which is within the jurisdiction of the Committee on the Budget shall be considered unless it is a bill or joint resolution which has been reported by the Committee on the Budget (or from the consideration of which such committee has been discharged) or unless it is an amendment to such a bill or joint resolution.
(Pub. L. 93–344, title III, §306, July 12, 1974, 88 Stat. 313; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1050; Pub. L. 101–508, title XIII, §13207(a)(1)(D), Nov. 5, 1990, 104 Stat. 1388–617; Pub. L. 113–67, div. A, title I, §122(7), Dec. 26, 2013, 127 Stat. 1175.)
Editorial Notes
Codification
Section was formerly classified to section 1327 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
2013—Pub. L. 113–67 designated existing provisions as subsec. (a) and inserted heading, substituted "In the Senate, no" for "No", struck out "of either House" after "jurisdiction of the Committee on the Budget", "in that House" after "shall be considered", and "of that House" after "reported by the Committee on the Budget", and added subsec. (b).
1990—Pub. L. 101–508 substituted "bill, resolution, amendment, motion, or conference report" for "bill or resolution, and no amendment to any bill or resolution".
1985—Pub. L. 99–177 reenacted section without change.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
§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, §307, July 12, 1974, 88 Stat. 313; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1051.)
Editorial Notes
Codification
Section was formerly classified to section 1328 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1985—Pub. L. 99–177 substituted "by June 10" for "before first appropriation bill is reported" in section catchline, and amended section generally. Prior to amendment, section read as follows: "Prior to reporting the first regular appropriation bill for each fiscal year, the Committee on Appropriations of the House of Representatives shall, to the extent practicable, complete subcommittee markup and full committee action on all regular appropriation bills for that year and submit to the House a summary report comparing the committee's recommendations with the appropriate levels of budget outlays and new budget authority as set forth in the most recently agreed to concurrent resolution on the budget for that year."
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
§639. Reports, summaries, and projections of Congressional budget actions
(a) Legislation providing new budget authority or providing increase or decrease in revenues or tax expenditures
(1) Whenever a committee of either House reports to its House a bill or joint resolution, or committee amendment thereto, providing new budget authority (other than continuing appropriations) or providing an increase or decrease in revenues or tax expenditures for a fiscal year (or fiscal years), the report accompanying that bill or joint resolution shall contain a statement, or the committee shall make available such a statement in the case of an approved committee amendment which is not reported to its House, prepared after consultation with the Director of the Congressional Budget Office—
(A) comparing the levels in such measure to the appropriate allocations in the reports submitted under section 633(b) of this title for the most recently agreed to concurrent resolution on the budget for such fiscal year (or fiscal years);
(B) containing a projection by the Congressional Budget Office of how such measure will affect the levels of such budget authority, budget outlays, revenues, or tax expenditures under existing law for such fiscal year (or fiscal years) and each of the four ensuing fiscal years, if timely submitted before such report is filed; and
(C) containing an estimate by the Congressional Budget Office of the level of new budget authority for assistance to State and local governments provided by such measure, if timely submitted before such report is filed.
(2) Whenever a conference report is filed in either House and such conference report or any amendment reported in disagreement or any amendment contained in the joint statement of managers to be proposed by the conferees in the case of technical disagreement on such bill or joint resolution provides new budget authority (other than continuing appropriations) or provides an increase or decrease in revenues for a fiscal year (or fiscal years), the statement of managers accompanying such conference report shall contain the information described in paragraph (1), if available on a timely basis. If such information is not available when the conference report is filed, the committee shall make such information available to Members as soon as practicable prior to the consideration of such conference report.
(3) CBO
(A) The Chairs of the Committees on the Budget of the House and Senate, as applicable, shall request from the Director of the Congressional Budget Office an estimate of the budgetary effects of PAYGO legislation.
(B) Estimates shall be prepared using baseline estimates supplied by the Congressional Budget Office, consistent with section 907 of this title.
(C) The Director shall not count timing shifts, as that term is defined at section 932(8) of this title, in estimates of the budgetary effects of PAYGO Legislation.
(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); and
(C) shall be based on information provided under subsection (b)(1) without substantive revision.
The chairman of the Committee on the Budget of the House of Representatives shall submit such reports to the Speaker.
(c) Five-year projection of Congressional budget action
As soon as practicable after the beginning of each fiscal year, the Director of the Congressional Budget Office shall issue a report projecting for the period of 5 fiscal years beginning with such fiscal year—
(1) total new budget authority and total budget outlays for each fiscal year in such period;
(2) revenues to be received and the major sources thereof, and the surplus or deficit, if any, for each fiscal year in such period;
(3) tax expenditures for each fiscal year in such period; and
(4) entitlement authority for each fiscal year in such period.
(d) Scorekeeping guidelines
Estimates under this section shall be provided in accordance with the scorekeeping guidelines determined under section 902(d)(5) of this title.
(Pub. L. 93–344, title III, §308, July 12, 1974, 88 Stat. 313; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1051; Pub. L. 101–508, title XIII, §13206, Nov. 5, 1990, 104 Stat. 1388–617; Pub. L. 105–33, title X, §10110, Aug. 5, 1997, 111 Stat. 685; Pub. L. 111–139, title I, §4(b), Feb. 12, 2010, 124 Stat. 11; Pub. L. 113–67, div. A, title I, §122(8), Dec. 26, 2013, 127 Stat. 1175.)
Editorial Notes
Codification
Section was formerly classified to section 1329 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
2013—Subsec. (d). Pub. L. 113–67 made technical amendment to heading in original Act.
2010—Subsec. (a). Pub. L. 111–139, §4(b)(1)(B), struck out "Reports on" before "Legislation" in heading.
Subsec. (a)(3). Pub. L. 111–139, §4(b)(1)(A), added par. (3).
Subsec. (d). Pub. L. 111–139, §4(b)(2), added subsec. (d).
1997—Subsec. (a). Pub. L. 105–33, §10110(1)(A), struck out ", new spending authority, or new credit authority," after "new budget authority" in heading.
Subsec. (a)(1). Pub. L. 105–33, §10110(4), in introductory provisions, substituted "bill or joint resolution" for "bill or resolution" in two places.
Pub. L. 105–33, §10110(1)(D), in introductory provisions, struck out ", new spending authority described in section 651(c)(2) of this title, or new credit authority," after "continuing appropriations)".
Subsec. (a)(1)(B). Pub. L. 105–33, §10110(1)(C), substituted "revenues, or tax expenditures" for "spending authority, revenues, tax expenditures, direct loan obligations, or primary loan guarantee commitments".
Pub. L. 105–33, §10110(1)(B), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "including an identification of any new spending authority described in section 651(c)(2) of this title which is contained in such measure and a justification for the use of such financing method instead of annual appropriations;".
Subsec. (a)(1)(C), (D). Pub. L. 105–33, §10110(1)(B), redesignated subpars. (C) and (D) as (B) and (C), respectively.
Subsec. (a)(2). Pub. L. 105–33, §10110(4), substituted "bill or joint resolution" for "bill or resolution".
Pub. L. 105–33, §10110(1)(D), struck out ", new spending authority described in section 651(c)(2) of this title, or new credit authority," after "continuing appropriations)".
Subsec. (b)(1). Pub. L. 105–33, §10110(4), substituted "bills and joint resolutions" for "bills and resolutions" in two places.
Pub. L. 105–33, §10110(2), struck out ", new spending authority described in section 651(c)(2) of this title, or new credit authority," after "new budget authority".
Subsec. (c)(3) to (5). Pub. L. 105–33, §10110(3), inserted "and" at end of par. (3), substituted a period for "; and" at end of par. (4), and struck out par. (5) which read as follows: "credit authority for each fiscal year in such period."
1990—Subsec. (a)(1). Pub. L. 101–508, §13206(a)(1), inserted "(or fiscal years)" after "fiscal year" in introductory provisions and in subpars. (A) and (C).
Subsec. (a)(2). Pub. L. 101–508, §13206(b), inserted "(or fiscal years)" after "fiscal year".
Subsec. (b)(1). Pub. L. 101–508, §13206(c), substituted "for each fiscal year covered by a concurrent resolution on the budget" for "for a fiscal year" in first sentence, and "the first fiscal year covered by the appropriate concurrent resolution" for "such fiscal year" in second sentence.
1985—Subsec. (a). Pub. L. 99–177, in amending subsec. (a) generally, designated existing provisions as par. (1), substituted provisions relating to reports on legislation providing new budget authority, new spending authority, or new credit authority, or providing an increase or decrease in revenues or tax expenditures, for provisions relating to reports on legislation providing new budget authority or tax expenditures, and added par. (2).
Subsec. (b). Pub. L. 99–177, in amending subsec. (b) generally, designated existing provisions as par. (1), substituted provisions relating to issuance of reports on a monthly basis and contents of such reports, for provisions relating to issuance of reports on a periodic basis and contents of such reports, and added par. (2).
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, adding pars. (4) and (5).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
§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, §309, July 12, 1974, 88 Stat. 314; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1052.)
Editorial Notes
Codification
Section was formerly classified to section 1330 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1985—Pub. L. 99–177 substituted "House approval of regular appropriation bills" for "Completion of action on bills providing new budget authority and certain new spending authority" in section catchline, and amended section generally. Prior to amendment, section read as follows: "Except as otherwise provided pursuant to this subchapter, not later than the seventh day after Labor Day of each year, the Congress shall complete action on all bills and resolutions—
"(1) providing new budget authority for the fiscal year beginning on October 1 of such year, other than supplemental, deficiency, and continuing appropriation bills and resolutions, and other than the reconciliation bill for such year, if required to be reported under section 641(c) of this title; and
"(2) providing new spending authority described in section 651(c)(2)(C) of this title which is to become effective during such fiscal year.
Paragraph (1) shall not apply to any bill or resolution if legislation authorizing the enactment of new budget authority to be provided in such bill or resolution has not been timely enacted."
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
§641. Reconciliation
(a) Inclusion of reconciliation directives in concurrent resolutions on the budget
A concurrent resolution on the budget for any fiscal year, to the extent necessary to effectuate the provisions and requirements of such resolution, shall—
(1) specify the total amount by which—
(A) new budget authority for such fiscal year;
(B) budget authority initially provided for prior fiscal years;
(C) new entitlement authority which is to become effective during such fiscal year; and
(D) credit authority for such fiscal year,
contained in laws, bills, and resolutions within the jurisdiction of a committee, is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount;
(2) specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount;
(3) specify the amounts by which the statutory limit on the public debt is to be changed and direct the committee having jurisdiction to recommend such change; or
(4) specify and direct any combination of the matters described in paragraphs (1), (2), and (3) (including a direction to achieve deficit reduction).
(b) Legislative procedure
If a concurrent resolution containing directives to one or more committees to determine and recommend changes in laws, bills, or resolutions is agreed to in accordance with subsection (a), 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) 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 that paragraph by more than—
(I) in the Senate, 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection; or
(II) in the House of Representatives, 20 percent of the sum of the absolute value of the changes the committee was directed to make under paragraph (1) and the absolute value of the changes the committee was directed to make under paragraph (2); and
(ii) the amount of the changes of the type described in paragraph (2) of such subsection recommended by such committee do not exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under that paragraph by more than—
(I) in the Senate, 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection; or
(II) in the House of Representatives, 20 percent of the sum of the absolute value of the changes the committee was directed to make under paragraph (1) and the absolute value of the changes the committee was directed to make under paragraph (2); and
(B) if the total amount of the changes recommended by such committee is not less than the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection.
(2)(A) Upon the reporting to the Committee on the Budget of the Senate of a recommendation that shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of that committee may file with the Senate appropriately revised allocations under section 633(a) of this title and revised functional levels and aggregates to carry out this subsection.
(B) Upon the submission to the Senate of a conference report recommending a reconciliation bill or resolution in which a committee shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of the Committee on the Budget of the Senate may file with the Senate appropriately revised allocations under section 633(a) of this title and revised functional levels and aggregates to carry out this subsection.
(C) Allocations, functional levels, and aggregates revised pursuant to this paragraph shall be considered to be allocations, functional levels, and aggregates contained in the concurrent resolution on the budget pursuant to section 632 of this title.
(D) Upon the filing of revised allocations pursuant to this paragraph, the reporting committee shall report revised allocations pursuant to section 633(b) of this title to carry out this subsection.
(d) Limitation on amendments to reconciliation bills and resolutions
(1) It shall not be in order in the House of Representatives to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of increasing any specific budget outlays above the level of such outlays provided in the bill or resolution (for the fiscal years covered by the reconciliation instructions set forth in the most recently agreed to concurrent resolution on the budget), or would have the effect of reducing any specific Federal revenues below the level of such revenues provided in the bill or resolution (for such fiscal years), unless such amendment makes at least an equivalent reduction in other specific budget outlays, an equivalent increase in other specific Federal revenues, or an equivalent combination thereof (for such fiscal years), except that a motion to strike a provision providing new budget authority or new entitlement authority may be in order.
(2) It shall not be in order in the Senate to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided (for the fiscal years covered) in the reconciliation instructions which relate to such bill or resolution set forth in a resolution providing for reconciliation, or would have the effect of reducing Federal revenue increases below the level of such revenue increases provided (for such fiscal years) in such instructions relating to such bill or resolution, unless such amendment makes a reduction in other specific budget outlays, an increase in other specific Federal revenues, or a combination thereof (for such fiscal years) at least equivalent to any increase in outlays or decrease in revenues provided by such amendment, except that a motion to strike a provision shall always be in order.
(3) Paragraphs (1) and (2) shall not apply if a declaration of war by the Congress is in effect.
(4) For purposes of this section, the levels of budget outlays and Federal revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or of the Senate, as the case may be.
(5) The Committee on Rules of the House of Representatives may make in order amendments to achieve changes specified by reconciliation directives contained in a concurrent resolution on the budget if a committee or committees of the House fail to submit recommended changes to its Committee on the Budget pursuant to its instruction.
(e) Procedure in Senate
(1) Except as provided in paragraph (2), the provisions of section 636 of this title for the consideration in the Senate of concurrent resolutions on the budget and conference reports thereon shall also apply to the consideration in the Senate of reconciliation bills reported under subsection (b) and conference reports thereon.
(2) Debate in the Senate on any reconciliation bill reported under subsection (b), 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, §310, July 12, 1974, 88 Stat. 315; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1053; Pub. L. 101–508, title XIII, §§13112(a)(9), 13207(c), (d), 13210(2), Nov. 5, 1990, 104 Stat. 1388–608, 1388-618 to 1388-620; Pub. L. 105–33, title X, §10111, Aug. 5, 1997, 111 Stat. 685; Pub. L. 113–67, div. A, title I, §122(9), Dec. 26, 2013, 127 Stat. 1175.)
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (g), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social Security Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Codification
Section was formerly classified to section 1331 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
2013—Subsec. (c)(1)(A)(i). Pub. L. 113–67, which directed amendment of cl. (i) by substituting "under that paragraph by more than—" for "under that paragraph by more than", was executed by making the substitution for "under such paragraph by more than" to reflect the probable intent of Congress.
Subsec. (c)(1)(A)(ii). Pub. L. 113–67 substituted "under that paragraph by more than—" for "under that paragraph by more than".
1997—Subsec. (c)(1)(A)(i). Pub. L. 105–33, §10111(1), substituted subcls. (I) and (II) for "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, and".
Subsec. (c)(1)(A)(ii). Pub. L. 105–33, §10111(2), substituted subcls. (I) and (II) for "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; and".
1990—Subsec. (a)(4). Pub. L. 101–508, §13207(d), inserted before period at end "(including a direction to achieve deficit reduction)".
Subsec. (c). Pub. L. 101–508, §13207(c), designated existing provisions as par. (1), redesignated former par. (1) and subpars. (A) and (B) thereof as subpar. (A) and cls. (i) and (ii), respectively, redesignated former par. (2) as subpar. (B) of par. (1), and added par. (2).
Subsec. (f). Pub. L. 101–508, §13210(2), struck out par. (1) heading "In general" and text which directed Congress to complete action on any reconciliation bill or reconciliation resolution reported under subsec. (b) of this section not later than June 15 of each year, and struck out the par. (2) designation and heading "Point of order in the House of Representatives".
Subsec. (g). Pub. L. 101–508, §13112(a)(9), substituted "joint resolution pursuant" for "resolution pursuant" and "section 907d of this title" for "section 904(b) of this title".
1985—Pub. L. 99–177 substituted "Reconciliation" for "Second required concurrent resolution and reconciliation process" in section catchline.
Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, inserting provisions relating to new entitlement authority and credit authority, and deleting provision that any such concurrent resolution could be reported, and the report accompanying it could be filed, in either House notwithstanding that that House was not in session on the day on which such concurrent resolution is reported.
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, substituting provisions relating to legislative procedure respecting concurrent resolutions with directives to committees to determine and recommend changes in laws, etc., for provisions relating to completion of action on concurrent resolutions.
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, substituting provisions relating to compliance with reconciliation directives, for provisions relating to the reconciliation process.
Subsec. (d). Pub. L. 99–177 amended subsec. (d) generally, substituting provisions relating to limitations on amendments to reconciliation bills and resolutions, for provisions relating to completion of the reconciliation process.
Subsec. (e). Pub. L. 99–177 amended subsec. (e) generally, substituting references to subsec. (b) for references to subsec. (c) wherever appearing, and deleting references to reconciliation resolutions.
Subsec. (f). Pub. L. 99–177 amended subsec. (f) generally, inserting provision that Congress complete action on reconciliation bills or resolutions reported under subsec. (b) not later than June 15 of each year and revising provisions relating to adjournment periods of the House of Representatives with respect to completion of action on fiscal year reconciliation legislation.
Subsec. (g). Pub. L. 99–177, in amending section generally, added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, except that such amendment, insofar as it relates to subsecs. (c), (d), and (g) of this section, to become effective Apr. 15, 1986, see section 275(a)(1), (2)(A) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
§642. Budget-related legislation must be within appropriate levels
(a) Enforcement of budget aggregates
(1) In House of Representatives
Except as provided by subsection (c), 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 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 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), social security surpluses equal the excess of social security revenues over social security outlays in a fiscal year or years with such an excess and social security deficits equal the excess of social security outlays over social security revenues in a fiscal year or years with such an excess.
(2) Tax treatment
For purposes of subsection (a)(3), no provision of any legislation involving a change in chapter 1 of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] 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 House of Representatives
Subsection (a)(1) 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, §311, July 12, 1974, 88 Stat. 316; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1055; Pub. L. 100–119, title I, §106(e)(1), Sept. 29, 1987, 101 Stat. 781; Pub. L. 101–508, title XIII, §§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, §10112(a), Aug. 5, 1997, 111 Stat. 686.)
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (b)(2), is classified generally to Title 26, Internal Revenue Code.
Codification
Section was formerly classified to section 1332 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1997—Pub. L. 105–33 amended section catchline and text generally. Prior to amendment, section provided that new budget authority, new spending authority, and revenue legislation had to be within appropriate levels.
1990—Subsec. (a). Pub. L. 101–508, §13303(d), designated existing provisions as par. (1), redesignated former pars. (1) to (3) thereof as subpars. (A) to (C), respectively, and added par. (2).
Pub. L. 101–508, §13207(a)(1)(E), substituted "bill, joint resolution, amendment, motion, or conference report" for "bill, resolution, or amendment" and struck out "or any conference report on any such bill or resolution" after "reducing revenues for such fiscal year,".
Pub. L. 101–508, §13112(a)(10), in closing provisions, substituted "except in the case that a declaration of war by the Congress is in effect" for "or, in the Senate, would otherwise result in a deficit for such fiscal year that—
"(A) for fiscal year 1989 or any subsequent fiscal year, exceeds the maximum deficit amount specified for such fiscal year in section 622(7) of this title; and
"(B) for fiscal year 1988 or 1989, exceeds the amount of the estimated deficit for such fiscal year based on laws and regulations in effect on January 1 of the calendar year in which such fiscal year begins as measured using the budget baseline specified in section 901(a)(6) of this title minus $23,000,000,000 for fiscal year 1988 or $36,000,000,000 for fiscal year 1989;
except to the extent that paragraph (1) of section 632(i) of this title or section 635(b) of this title, as the case may be, does not apply by reason of paragraph (2) of such subsection."
1987—Subsec. (a). Pub. L. 100–119 substituted "would otherwise result in a deficit for such fiscal year that—
"(A) for fiscal year 1989 or any subsequent fiscal year, exceeds the maximum deficit amount specified for such fiscal year in section 622(7) of this title; and
"(B) for fiscal year 1988 or 1989, exceeds the amount of the estimated deficit for such fiscal year based on laws and regulations in effect on January 1 of the calendar year in which such fiscal year begins as measured using the budget baseline specified in section 901(a)(6) of this title minus $23,000,000,000 for fiscal year 1988 or $36,000,000,000 for fiscal year 1989;
except to the extent that paragraph (1) of section 632(i) of this title or section 635(b) of this title, as the case may be, does not apply by reason of paragraph (2) of such subsection" for "would otherwise result in a deficit for such fiscal year that exceeds the maximum deficit amount specified for such fiscal year in section 622(7) of this title (except to the extent that paragraph (1) of section 632(i) of this title or section 635(b) of this title, as the case may be, does not apply by reason of paragraph (2) of such subsection)".
1985—Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, striking out references to sections 641 and 651 of this title, and inserting provisions relating to nonconsideration in Senate of any bill, resolution, etc., resulting in a fiscal year deficit exceeding maximum deficit amount specified in section 622(7) of this title, with certain exceptions.
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, substituting provisions setting forth exceptions in the House of Representatives for certain bills, etc., under subsec. (a) of this section, for provisions relating to determination of outlays and revenues.
Subsec. (c). Pub. L. 99–177, in amending section generally, added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by section 13303(d) of Pub. L. 101–508 applicable with respect to fiscal years beginning on or after Oct. 1, 1990, see section 13306 of Pub. L. 101–508, set out as a note under section 632 of this title.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
§643. Determinations and points of order
(a) Budget Committee determinations
For purposes of this subchapter and subchapter II, 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 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 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(c)].
(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 258 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 907a] has been enacted.
(c) Maximum deficit amount point of order in Senate
It shall not be in order in the Senate to consider any concurrent resolution on the budget for a fiscal year, or to consider any amendment to that concurrent resolution, or to consider a conference report on that concurrent resolution, if—
(1) the level of total outlays for the first fiscal year set forth in that concurrent resolution or conference report exceeds; or
(2) the adoption of that amendment would result in a level of total outlays for that fiscal year that exceeds;
the recommended level of Federal revenues for that fiscal year, by an amount that is greater than the maximum deficit amount, if any, specified in the Balanced Budget and Emergency Deficit Control Act of 1985 for that fiscal year.
(d) Timing of points of order in 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 Senate against amendments between 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 point of order in 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, §312, as added Pub. L. 101–508, title XIII, §13207(b)(1), Nov. 5, 1990, 104 Stat. 1388–618; amended Pub. L. 105–33, title X, §10113(a), Aug. 5, 1997, 111 Stat. 687.)
Editorial Notes
References in Text
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (c), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§900 et seq.) and sections 654 to 656 of this title, amended sections 602, 622, 631 to 642, and 651 to 653 of this title, sections 1104 to 1106 and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of this title, enacted provisions set out as notes under section 900 of this title and section 911 of Title 42, and amended provisions set out as a note under section 621 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 900 of this title and Tables.
This Act, referred to in subsecs. (d) to (f), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A, and 17B and section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, and sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31 and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
Amendments
1997—Pub. L. 105–33 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) and (b) and provided that each provision of this Act that established point of order against an amendment also established point of order in Senate against an amendment between Houses and prescribed effect of sustaining point of order against an amendment or bill under this Act.
§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) shall be deemed stricken from the bill and may not be offered as an amendment from the floor.
(b) Extraneous provisions
(1)(A) Except as provided in paragraph (2), a provision of a reconciliation bill or reconciliation resolution considered pursuant to section 641 of this title shall be considered extraneous if such provision does not produce a change in outlays or revenues, including changes in outlays and revenues brought about by changes in the terms and conditions under which outlays are made or revenues are required to be collected (but a provision in which outlay decreases or revenue increases exactly offset outlay increases or revenue decreases shall not be considered extraneous by virtue of this subparagraph); (B) any provision producing an increase in outlays or decrease in revenues shall be considered extraneous if the net effect of provisions reported by the committee reporting the title containing the provision is that the committee fails to achieve its reconciliation instructions; (C) a provision that is not in the jurisdiction of the committee with jurisdiction over said title or provision shall be considered extraneous; (D) a provision shall be considered extraneous if it produces changes in outlays or revenues which are merely incidental to the non-budgetary components of the provision; (E) a provision shall be considered to be extraneous if it increases, or would increase, net outlays, or if it decreases, or would decrease, revenues during a fiscal year after the fiscal years covered by such reconciliation bill or reconciliation resolution, and such increases or decreases are greater than outlay reductions or revenue increases resulting from other provisions in such title in such year; and (F) a provision shall be considered extraneous if it violates section 641(g) of this title.
(2) A Senate-originated provision shall not be considered extraneous under paragraph (1)(A) if the Chairman and Ranking Minority Member of the Committee on the Budget and the Chairman and Ranking Minority Member of the Committee which reported the provision certify that: (A) the provision mitigates direct effects clearly attributable to a provision changing outlays or revenues and both provisions together produce a net reduction in the deficit; (B) the provision will result in a substantial reduction in outlays or a substantial increase in revenues during fiscal years after the fiscal years covered by the reconciliation bill or reconciliation resolution; (C) a reduction of outlays or an increase in revenues is likely to occur as a result of the provision, in the event of new regulations authorized by the provision or likely to be proposed, court rulings on pending litigation, or relationships between economic indices and stipulated statutory triggers pertaining to the provision, other than the regulations, court rulings or relationships currently projected by the Congressional Budget Office for scorekeeping purposes; or (D) such provision will be likely to produce a significant reduction in outlays or increase in revenues but, due to insufficient data, such reduction or increase cannot be reliably estimated.
(3) A provision reported by a committee shall not be considered extraneous under paragraph (1)(C) if (A) the provision is an integral part of a provision or title, which if introduced as a bill or resolution would be referred to such committee, and the provision sets forth the procedure to carry out or implement the substantive provisions that were reported and which fall within the jurisdiction of such committee; or (B) the provision states an exception to, or a special application of, the general provision or title of which it is a part and such general provision or title if introduced as a bill or resolution would be referred to such committee.
(c) Extraneous materials
Upon the reporting or discharge of a reconciliation bill or resolution pursuant to section 641 of this title in the Senate, and again upon the submission of a conference report on such a reconciliation bill or resolution, the Committee on the Budget of the Senate shall submit for the record a list of material considered to be extraneous under subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this section to the instructions of a committee as provided in this section. The inclusion or exclusion of a provision shall not constitute a determination of extraneousness by the Presiding Officer of the Senate.
(d) Conference reports
When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a reconciliation bill or reconciliation resolution pursuant to section 641 of this title, upon—
(1) a point of order being made by any Senator against extraneous material meeting the definition of subsections (b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F), 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, §313, formerly Pub. L. 99–272, title XX, §20001, Apr. 7, 1986, 100 Stat. 390, as amended Pub. L. 99–509, title VII, §7006, Oct. 21, 1986, 100 Stat. 1949; Pub. L. 100–119, title II, §205(a), (b), Sept. 29, 1987, 101 Stat. 784; renumbered §313 of Pub. L. 93–344 and amended Pub. L. 101–508, title XIII, §13214(a)–(b)(4), Nov. 5, 1990, 104 Stat. 1388–621, 1388-622; Pub. L. 105–33, title X, §10113(b)(1), Aug. 5, 1997, 111 Stat. 688.)
Editorial Notes
Codification
Prior to redesignation by Pub. L. 101–508, this section was section 20001 of Pub. L. 99–272, which was not classified to the Code, and subsec. (c) (now (d)) of this section (relating to point of order) was subsec. (a) of the first section of Senate Resolution No. 286, Ninety-ninth Congress, Dec. 19, 1985.
Amendments
1997—Subsec. (c). Pub. L. 105–33, §10113(b)(1)(A), redesignated subsec. (c), relating to point of order, as (d).
Subsec. (d). Pub. L. 105–33, §10113(b)(1)(A), redesignated subsec. (c), relating to point of order, as (d) and inserted heading. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 105–33, §10113(b)(1)(B), redesignated subsec. (d) as (e) and struck out heading and text of former subsec. (e). Text read as follows: "For purposes of this section, the levels of new budget authority, budget outlays, 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 Senate."
1990—Pub. L. 101–508, §13214(b)(2)(A), inserted "Extraneous matter in reconciliation legislation" as section catchline.
Pub. L. 101–508, §13214(b)(1), redesignated section 20001 of Pub. L. 99–272 as this section.
Subsec. (a). Pub. L. 101–508, §13214(a)(1)(A), inserted heading "In general".
Pub. L. 101–508, §13214(b)(4)(B), substituted "subsection (b)" for "subsection (d)".
Pub. L. 101–508, §13214(b)(4)(A), made technical amendment to reference to section 641 of this title to reflect change in reference to corresponding section of original act.
Pub. L. 101–508, §13214(b)(2)(B), struck out at end "An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section, as well as to waive or suspend the provisions of this subsection."
Pub. L. 101–508, §13214(a)(1)(B), inserted "(whether that bill or resolution originated in the Senate or the House) or section 907d of this title" after "section 641 of this title".
Subsec. (b). Pub. L. 101–508, §13214(b)(2)(B), (C), redesignated subsec. (d) as (b) and struck out former subsec. (b) which provided that no motion to waive or suspend the requirement of section 636(b)(2) of this title, as it related to germaneness with respect to a reconciliation bill or resolution, could be agreed to unless supported by an affirmative vote of three-fifths of the Members, duly chosen and sworn, which super-majority was to be required to successfully appeal the ruling of the Chair on a point of order raised under that section, as well as to waive or suspend the provisions of this subsection.
Pub. L. 101–508, §13214(a)(2), inserted heading "Extraneous provisions".
Subsec. (b)(1)(A). Pub. L. 101–508, §13214(b)(4)(A), made technical amendment to reference to section 641 of this title to reflect change in reference to corresponding section of original act.
Pub. L. 101–508, §13214(a)(3), inserted before semicolon "(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)".
Subsec. (b)(1)(F). Pub. L. 101–508, §13214(a)(4)–(6), added subpar. (F).
Subsec. (b)(2). Pub. L. 101–508, §13214(a)(7), substituted "A Senate-originated provision" for "A provision".
Subsec. (b)(2)(C). Pub. L. 101–508, §13214(b)(4)(C), inserted "or" after "scorekeeping purposes;".
Subsec. (c). Pub. L. 101–508, §13214(b)(4)(F), which directed the substitution of "this subsection" for "this resolution" in par. (2), was executed to last sentence of subsec. (c) as the probable intent of Congress.
Pub. L. 101–508, §13214(b)(4)(E), substituted "(b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F)" for "(d)(1)(A) or (d)(1)(D) of section 20001 of the Consolidated Omnibus Budget Reconciliation Act of 1985".
Pub. L. 101–508, §13214(b)(4)(D), substituted "When" for "when".
Pub. L. 101–508, §13214(b)(4)(A), made technical amendment to reference to section 641 of this title to reflect change in reference to corresponding section of original act.
Pub. L. 101–508, §13214(b)(3), redesignated as subsec. (c), relating to point of order, subsec. (a) of the first section of Senate Resolution No. 286, Ninety-ninth Congress, Dec. 19, 1985, as amended by Senate Resolution No. 509, Ninety-ninth Congress, Oct. 16, 1986.
Pub. L. 101–508, §13214(b)(2)(C), redesignated subsec. (e), relating to extraneous materials, as (c).
Pub. L. 101–508, §13214(b)(2)(B), struck out subsec. (c) which provided for effective and termination dates of this section.
Subsec. (d). Pub. L. 101–508, §13214(b)(2)(C), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (b).
Subsecs. (e) to (g). Pub. L. 101–508, §13214(a)(8), (b)(2)(C), added subsecs. (e) to (g) and redesignated them as subsecs. (c) to (e), respectively.
1987—Subsec. (c). Pub. L. 100–119, §205(a), substituted "September 30, 1992" for "January 2, 1988".
Subsec. (d)(1)(E). Pub. L. 100–119, §205(b), which directed that cl. (E) be added to subsec. (d)(1)(A), was executed to subsec. (d)(1), as the probable intent of Congress.
1986—Subsec. (c). Pub. L. 99–509, §7006(b), substituted "January 2, 1988" for "January 2, 1987".
Pub. L. 99–509, §7006(c), substituted "section 20001" for "section 1201" in Senate Resolution No. 286, Ninety-ninth Congress, Dec. 19, 1985. See 1990 Amendment note above.
Subsec. (d)(2). Pub. L. 99–509, §7006(a)(1), substituted "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" for "(1)(A) above if" in introductory provisions.
Subsec. (d)(2)(A). Pub. L. 99–509, §7006(a)(2), substituted "the provision mitigates" for "it is designed to mitigate the".
Subsec. (d)(2)(B). Pub. L. 99–509, §7006(a)(3), substituted "the provision" for "it".
Subsec. (d)(3). Pub. L. 99–509, §7006(a)(4), added par. (3).
§645. Adjustments
(a) Adjustments
After the reporting of a bill or joint resolution or the offering of an amendment thereto or the submission of a conference report thereon, the chairman of the Committee on the Budget of the House of Representatives or the Senate may make appropriate budgetary adjustments of new budget authority and the outlays flowing therefrom in the same amount as required by section 901(b) of this title.
(b) Application of adjustments
The adjustments made pursuant to subsection (a) for legislation shall—
(1) apply while that legislation is under consideration;
(2) take effect upon the enactment of that legislation; and
(3) be published in the Congressional Record as soon as practicable.
(c) Reporting revised suballocations
Following any adjustment made under subsection (a), the Committees on Appropriations of the Senate and the House of Representatives may report appropriately revised suballocations under section 633(b) of this title to carry out this section.
(d) Emergencies in the House of Representatives
(1) In the House of Representatives, if a reported bill or joint resolution, or amendment thereto or conference report thereon, contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency requirement pursuant to 901(b)(2)(A) 1 of this title, the chair of the Committee on the Budget of the House of Representatives shall not count the budgetary effects of such provision for purposes of this subchapter and subchapter II and the Rules of the House of Representatives.
(2)(A) In the House of Representatives, a proposal to strike a designation under paragraph (1) shall be excluded from an evaluation of budgetary effects for purposes of this subchapter and subchapter II and the Rules of the House of Representatives.
(B) An amendment offered under subparagraph (A) that also proposes to reduce each amount appropriated or otherwise made available by the pending measure that is not required to be appropriated or otherwise made available shall be in order at any point in the reading of the pending measure.
(e) Senate point of order against an emergency designation
(1) In general
When the Senate is considering a bill, resolution, amendment, motion, amendment between the Houses, or conference report, if a point of order is made by a Senator against an emergency designation in that measure, that provision making such a designation shall be stricken from the measure and may not be offered as an amendment from the floor.
(2) Supermajority waiver and appeals
(A) Waiver
Paragraph (1) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.
(B) Appeals
Appeals in the Senate from the decisions of the Chair relating to any provision of this subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection.
(3) Definition of an emergency designation
For purposes of paragraph (1), a provision shall be considered an emergency designation if it designates any item pursuant to section 901(b)(2)(A)(i) of this title.
(4) Form of the point of order
A point of order under paragraph (1) may be raised by a Senator as provided in section 644(e) of this title.
(5) Conference reports
When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.
(f) Enforcement of discretionary spending caps
It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause the discretionary spending limits as set forth in section 901 of this title to be exceeded.
(g) Adjustment for reemployment services and eligibility assessments
(1) In general
(A) Adjustments
If the Committee on Appropriations of either House reports an appropriation measure for any of fiscal years 2022 through 2027 that provides budget authority for grants under section 506 of title 42, or if a conference committee submits a conference report thereon, the chairman of the Committee on the Budget of the House of Representatives or the Senate shall make the adjustments referred to in subparagraph (B) to reflect the additional new budget authority provided for such grants in that measure or conference report and the outlays resulting therefrom, consistent with subparagraph (D).
(B) Types of adjustments
The adjustments referred to in this subparagraph consist of adjustments to—
(i) the discretionary spending limits for that fiscal year as set forth in the most recently adopted concurrent resolution on the budget;
(ii) the allocations to the Committees on Appropriations of the Senate and the House of Representatives for that fiscal year under section 633(a) of this title; and
(iii) the appropriate budget aggregates for that fiscal year in the most recently adopted concurrent resolution on the budget.
(C) Enforcement
The adjusted discretionary spending limits, allocations, and aggregates under this paragraph shall be considered the appropriate limits, allocations, and aggregates for purposes of congressional enforcement of this Act and concurrent budget resolutions under this Act.
(D) Limitation
No adjustment may be made under this subsection in excess of—
(i) for fiscal year 2022, $133,000,000;
(ii) for fiscal year 2023, $258,000,000;
(iii) for fiscal year 2024, $433,000,000;
(iv) for fiscal year 2025, $533,000,000;
(v) for fiscal year 2026, $608,000,000; and
(vi) for fiscal year 2027, $633,000,000.
(E) Definition
As used in this subsection, the term "additional new budget authority" means the amount provided for a fiscal year, in excess of $117,000,000, in an appropriation measure or conference report (as the case may be) and specified to pay for grants to States under section 506 of title 42.
(2) Report on 633(b) level
Following any adjustment made under paragraph (1), the Committees on Appropriations of the Senate and the House of Representatives may report appropriately revised suballocations pursuant to section 633(b) of this title to carry out this subsection.
(Pub. L. 93–344, title III, §314, as added Pub. L. 105–33, title X, §10114(a), Aug. 5, 1997, 111 Stat. 688; amended Pub. L. 105–89, title II, §201(b)(2), Nov. 19, 1997, 111 Stat. 2125; Pub. L. 112–25, title I, §105(a), Aug. 2, 2011, 125 Stat. 246; Pub. L. 112–78, title V, §511, Dec. 23, 2011, 125 Stat. 1291; Pub. L. 113–67, div. A, title I, §122(10), Dec. 26, 2013, 127 Stat. 1176; Pub. L. 115–123, div. C, title II, §30206(d), Feb. 9, 2018, 132 Stat. 131.)
Editorial Notes
References in Text
This Act, referred to in subsec. (g)(1)(C), is Pub. L. 115–123, Feb. 9, 2018, 132 Stat. 64, known as the Bipartisan Budget Act of 2018. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 1305 of Title 42, The Public Health and Welfare, and Tables.
Amendments
2018—Subsec. (g). Pub. L. 115–123 added subsec. (g).
2013—Subsec. (d)(2). Pub. L. 113–67 redesignated subpar. (B) as (A) and substituted "under paragraph (1)" for "under subparagraph (A)", redesignated subpar. (C) as (B) and substituted "under subparagraph (A)" for "under subparagraph (B)", and struck out former subpar. (A) which read as follows: "In the House of Representatives, if a reported bill or joint resolution, or amendment thereto or conference report thereon, contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency pursuant to paragraph (1), the chair of the Committee on the Budget shall not count the budgetary effects of such provision for purposes of this subchapter and subchapter II and the Rules of the House of Representatives."
2011—Subsec. (a). Pub. L. 112–25, §105(a)(1), added subsec. (a) and struck out former subsec. (a) which related to general adjustment provisions and described the matters to be adjusted.
Subsecs. (b) to (d). Pub. L. 112–25, §105(a)(2), (3), added subsec. (d), redesignated former subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to amounts of adjustments.
Subsec. (e). Pub. L. 112–78, §511(2), added subsec. (e). Former subsec. (e) redesignated (f).
Pub. L. 112–25, §105(a)(2), (3), added subsec. (e) and struck out former subsec. (e) which defined "continuing disability reviews" and "new budget authority" as used in former subsec. (b)(2).
Subsec. (f). Pub. L. 112–78, §511(1), redesignated subsec. (e) as (f).
1997—Subsec. (b)(6). Pub. L. 105–89 added par. (6).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–89 effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Pub. L. 105–89, set out as a note under section 622 of Title 42, The Public Health and Welfare.
1 So in original. Probably should be preceded by the word "section".
§645a. Effect of adoption of special order of business in 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 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. In the case of a reported bill or joint resolution considered pursuant to a special order of business, a point of order under section 634 of this title shall be determined on the basis of 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, §315, as added Pub. L. 105–33, title X, §10115(a), Aug. 5, 1997, 111 Stat. 690; amended Pub. L. 113–67, div. A, title I, §122(11), Dec. 26, 2013, 127 Stat. 1176.)
Editorial Notes
Amendments
2013—Pub. L. 113–67 inserted at end "In the case of a reported bill or joint resolution considered pursuant to a special order of business, a point of order under section 634 of this title shall be determined on the basis of 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."
SUBCHAPTER II—FISCAL PROCEDURES
Part A—General Provisions
§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) for the repayment of which the United States is liable; or
(3) new credit authority;
unless that bill, joint resolution, amendment, motion, or conference report also provides that the new authority is to be effective for any fiscal year only to the extent or in the amounts provided in advance in appropriation Acts.
(b) Legislation providing new entitlement authority
(1)
(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(a) 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) 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) shall not apply to new authority described in those subsections to the extent that—
(A) the outlays resulting therefrom are made by an organization which is (i) a mixed-ownership Government corporation (as defined in section 9101(2) of title 31), or (ii) a wholly owned Government corporation (as defined in section 9101(3) of title 31) which is specifically exempted by law from compliance with any or all of the provisions of chapter 91 of title 31, as of December 12, 1985; or
(B) the outlays resulting therefrom consist exclusively of the proceeds of gifts or bequests made to the United States for a specific purpose.
(3) In the House of Representatives, subsections (a) and (b) shall not apply to new authority described in those subsections to the extent that a provision in a bill or joint resolution, or an amendment thereto or a conference report thereon, establishes prospectively for a Federal office or position a specified or minimum level of compensation to be funded by annual discretionary appropriations.
(Pub. L. 93–344, title IV, §401, July 12, 1974, 88 Stat. 317; Pub. L. 99–177, title II, §211, Dec. 12, 1985, 99 Stat. 1056; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101–508, title XIII, §13207(a)(1)(F), (G), Nov. 5, 1990, 104 Stat. 1388–617, 1388-618; Pub. L. 105–33, title X, §10116(a)(1)–(5), Aug. 5, 1997, 111 Stat. 690, 691; Pub. L. 113–67, div. A, title I, §122(12), (13), Dec. 26, 2013, 127 Stat. 1176.)
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (c)(1)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Internal Revenue Code of 1986, referred to in subsec. (c)(1)(B), is classified generally to Title 26, Internal Revenue Code.
Codification
In subsec. (c)(2)(A), "section 9101(2) of title 31", "section 9101(3) of title 31", and "chapter 91 of title 31" were substituted for "section 201 of the Government Corporation Control Act [31 U.S.C. 856]", "section 101 of such Act [31 U.S.C. 846]", and "that Act", respectively, on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Section was formerly classified to section 1351 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
2013—Subsec. (b)(2). Pub. L. 113–67, §122(12), substituted "section 633(a)" for "section 633(b)".
Subsec. (c)(3). Pub. L. 113–67, §122(13), added par. (3).
1997—Pub. L. 105–33, §10116(a)(1)(A), substituted "Budget-related legislation not subject to appropriations" for "Bills providing new spending authority" as section catchline.
Subsec. (a). Pub. L. 105–33, §10116(a)(1)(B), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "It shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, as reported to its House which provides new spending authority described in subsection (c)(2)(A) or (B) of this section, unless that bill, resolution, conference report, or amendment also provides that such new spending authority as described in subsection (c)(2)(A) or (B) of this section is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts."
Subsec. (b). Pub. L. 105–33, §10116(a)(2)(A), inserted "new" before "entitlement" in heading.
Subsec. (b)(1). Pub. L. 105–33, §10116(a)(2)(B), added par. (1) and struck out former par. (1) which read as follows: "It shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, as reported to its House, which provides new spending authority described in subsection (c)(2)(C) of this section which is to become effective before the first day of the fiscal year which begins during the calendar year in which such bill or resolution is reported."
Subsec. (b)(2). Pub. L. 105–33, §10116(a)(2)(C), substituted "new entitlement authority" for "new spending authority described in subsection (c)(2)(C) of this section" and "of the Senate or may then be referred to the Committee on Appropriations of the House, as the case may be," for "of that House".
Subsec. (c). Pub. L. 105–33, §10116(a)(5), redesignated subsec. (d) as (c).
Pub. L. 105–33, §10116(a)(3), struck out subsec. (c) which defined terms "new spending authority" and "spending authority".
Subsec. (d). Pub. L. 105–33, §10116(a)(5), redesignated subsec. (d) as (c).
Subsec. (d)(1). Pub. L. 105–33, §10116(a)(4)(A), which directed substitution of "new authority described in those subsections if outlays from that new authority will flow" for "new spending authority if the budget authority for outlays which result from such new spending authority is derived", was executed by making the substitution for "new spending authority if the budget authority for outlays which will result from such new spending authority is derived" in introductory provisions to reflect the probable intent of Congress.
Subsec. (d)(2), (3). Pub. L. 105–33, §10116(a)(4)(B), (C), redesignated par. (3) as (2), substituted "new authority described in those subsections" for "new spending authority" in introductory provisions, and struck out former par. (2) which read as follows: "Subsections (a) and (b) of this section shall not apply to new spending authority which is an amendment to or extension of chapter 67 of title 31, or a continuation of the program of fiscal assistance to State and local governments provided by that chapter, to the extent so provided in the bill or resolution providing such authority."
1990—Subsec. (a). Pub. L. 101–508, §13207(a)(1)(F), substituted "bill, joint resolution, amendment, motion, or conference report" for "bill, resolution, or conference report" and struck out "(or any amendment which provides such new spending authority)" after "subsection (c)(2)(A) or (B) of this section".
Subsec. (b)(1). Pub. L. 101–508, §13207(a)(1)(G), substituted "bill, joint resolution, amendment, motion, or conference report, as reported to its House" for "bill or resolution" and struck out "(or any amendment which provides such new spending authority)" after "subsection (c)(2)(C) of this section".
1986—Subsec. (d)(1)(B). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954".
1985—Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, inserting provisions relating to applicability to conference reports.
Subsec. (b). Pub. L. 99–177, in amending section generally, reenacted subsec. (b) without change.
Subsec. (c). Pub. L. 99–177, in amending subsec. (c) generally, added pars. (2)(D) and (E).
Subsec. (d). Pub. L. 99–177, in amending subsec. (d) generally, reenacted pars. (1) and (2) without change, and inserted reference to December 12, 1985, in par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
Effective Date
Pub. L. 93–344, title IX, §905(c), July 12, 1974, 88 Stat. 331 (formerly set out as a note under section 621 of this title), provided that except as provided in section 906 of Pub. L. 93–344 (formerly set out as a note under section 632 of this title) this section shall take effect on the first day of the second regular session of the Ninety-fourth Congress.
§652. Repealed. Pub. L. 105–33, title X, §10116(b), Aug. 5, 1997, 111 Stat. 692
Section, Pub. L. 93–344, title IV, §402, July 12, 1974, 88 Stat. 318; Pub. L. 99–177, title II, §212, Dec. 12, 1985, 99 Stat. 1058; Pub. L. 101–508, title XIII, §13207(a)(1)(H), Nov. 5, 1990, 104 Stat. 1388–618, related to legislation providing new credit authority.
§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, §402, formerly §403, July 12, 1974, 88 Stat. 320; Pub. L. 97–108, §2(a), Dec. 23, 1981, 95 Stat. 1510; Pub. L. 99–177, title II, §213, Dec. 12, 1985, 99 Stat. 1059; Pub. L. 104–4, title I, §104, Mar. 22, 1995, 109 Stat. 62; renumbered §402, Pub. L. 105–33, title X, §10116(c)(1), Aug. 5, 1997, 111 Stat. 692.)
Editorial Notes
Codification
Section was formerly classified to section 1353 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Prior Provisions
A prior section 402 of Pub. L. 93–344 was classified to section 652 of this title prior to repeal by Pub. L. 105–33.
Amendments
1995—Subsec. (a). Pub. L. 104–4, §104(2), struck out subsection designation.
Subsec. (a)(2). Pub. L. 104–4, §104(1)(A), (C), redesignated par. (3) as (2) and struck out former par. (2), which read as follows: "an estimate of the cost which would be incurred by State and local governments in carrying out or complying with any significant bill or resolution in the fiscal year in which it is to become effective and in each of the four fiscal years following such fiscal year, together with the basis for each such estimate;".
Subsec. (a)(3). Pub. L. 104–4, §104(1)(C), redesignated par. (4) as (3). Former par. (3) redesignated (2).
Pub. L. 104–4, §104(1)(B), which directed the substitution of "paragraph (1)" for "paragraphs (1) and (2)", was executed by making the substitution for "paragraph (1) and (2)" to reflect the probable intent of Congress.
Subsec. (a)(4). Pub. L. 104–4, §104(1)(C), redesignated par. (4) as (3).
Subsecs. (b), (c). Pub. L. 104–4, §104(3), struck out subsecs. (b) and (c) which read as follows:
"(b) For purposes of subsection (a)(2) of this section, the term 'local government' has the same meaning as in section 6501 of title 31.
"(c) For purposes of subsection (a)(2) of this section, the term 'significant bill or resolution' is defined as any bill or resolution which in the judgment of the Director of the Congressional Budget Office is likely to result in an annual cost to State and local governments of $200,000,000 or more, or is likely to have exceptional fiscal consequences for a geographic region or a particular level of government."
1985—Subsec. (a). Pub. L. 99–177 added par. (4) and substituted "estimates, comparison, and description" for "estimates and comparison" in last sentence.
1981—Subsec. (a). Pub. L. 97–108, §2(a)(1)–(6), designated existing provisions as subsec. (a), added par. (2), redesignated former par. (2) as (3), in par. (3) as so redesignated, substituted "estimates" for "estimate" in two places, and substituted reference to pars. (1) and (2) for reference to par. (1), and in provision following par. (3) substituted "estimates" for "estimate".
Subsecs. (b) and (c). Pub. L. 97–108, §2(a)(7), added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–4 effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as an Effective Date note under section 1511 of this title.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
Effective Date of 1981 Amendment
Pub. L. 97–108, §2(b), Dec. 23, 1981, 95 Stat. 1511, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to bills or resolutions reported by committees of the House of Representatives and the Senate after September 30, 1982."
Effective Date
Amendment by Pub. L. 93–344 effective on day on which first Director of Congressional Budget Office is appointed under section 601(a) of this title, see section 905(b) of Pub. L. 93–344, formerly set out as an Effective Date note under section 621 of this title.
Authorization of Appropriations
Pub. L. 97–108, §3, Dec. 23, 1981, 95 Stat. 1511, provided that: "There are authorized to be appropriated such sums as may be necessary to carry out this Act [amending this section and enacting provisions set out as notes under this section and section 621 of this title]."
Expiration of Authorization
Pub. L. 97–108, §4, Dec. 23, 1981, 95 Stat. 1511, which provided for expiration on Sept. 30, 1987, of authorization granted under Pub. L. 97–108, which amended this section and enacted provisions set out as notes under sections 621 and 653 of this title, was repealed by Pub. L. 100–119, title II, §204, Sept. 29, 1987, 101 Stat. 784.
§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, §404, formerly §405, as added Pub. L. 99–177, title II, §214, Dec. 12, 1985, 99 Stat. 1059; renumbered §404 and amended Pub. L. 105–33, title X, §10116(c)(1), (2), Aug. 5, 1997, 111 Stat. 692; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
Editorial Notes
Prior Provisions
A prior section 404 of Pub. L. 93–344, which is not classified to the Code, was renumbered section 403 by Pub. L. 105–33, title X, §10116(c)(1), Aug. 5, 1997, 111 Stat. 692.
Amendments
2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in section catchline and text.
1997—Pub. L. 105–33, §10116(c)(2), substituted "mandatory spending" for "spending authority as described by section 651(c)(2) of this title and which provide permanent appropriations,".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
§655. Off-budget agencies, programs, and activities
(a) Notwithstanding any other provision of law, budget authority, credit authority, and estimates of outlays and receipts for activities of the Federal budget which are off-budget immediately prior to December 12, 1985, not including activities of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, shall be included in a budget submitted pursuant to section 1105 of title 31 and in a concurrent resolution on the budget reported pursuant to section 632 or section 635 of this title and shall be considered, for purposes of this Act, budget authority, outlays, and spending authority in accordance with definitions set forth in this Act.
(b) All receipts and disbursements of the Federal Financing Bank with respect to any obligations which are issued, sold, or guaranteed by a Federal agency shall be treated as a means of financing such agency for purposes of section 1105 of title 31 and for purposes of this Act.
(Pub. L. 93–344, title IV, §405, formerly §406, as added Pub. L. 99–177, title II, §214, Dec. 12, 1985, 99 Stat. 1059; renumbered §405, Pub. L. 105–33, title X, §10116(c)(1), Aug. 5, 1997, 111 Stat. 692.)
Editorial Notes
References in Text
This Act, referred to in text, means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A, and 17B, and section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31, and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
Prior Provisions
A prior section 405 of Pub. L. 93–344 was renumbered section 404 and is classified to section 654 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
§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, §406, formerly §407, as added Pub. L. 99–177, title II, §214, Dec. 12, 1985, 99 Stat. 1060; renumbered §406, Pub. L. 105–33, title X, §10116(c)(1), Aug. 5, 1997, 111 Stat. 692.)
Editorial Notes
Prior Provisions
A prior section 406 of Pub. L. 93–344 was renumbered section 405 and is classified to section 655 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
Part B—Federal Mandates
§658. Definitions
For purposes of this part:
(1) Agency
The term "agency" has the same meaning as defined in section 551(1) of title 5, but does not include independent regulatory agencies.
(2) Amount
The term "amount", with respect to an authorization of appropriations for Federal financial assistance, means the amount of budget authority for any Federal grant assistance program or any Federal program providing loan guarantees or direct loans.
(3) Direct costs
The term "direct costs"—
(A)(i) in the case of a Federal intergovernmental mandate, means the aggregate estimated amounts that all State, local, and tribal governments would be required to spend or would be prohibited from raising in revenues in order to comply with the Federal intergovernmental mandate; or
(ii) in the case of a provision referred to in paragraph (5)(A)(ii), means the amount of Federal financial assistance eliminated or reduced;
(B) in the case of a Federal private sector mandate, means the aggregate estimated amounts that the private sector will be required to spend in order to comply with the Federal private sector mandate;
(C) shall be determined on the assumption that—
(i) State, local, and tribal governments, and the private sector will take all reasonable steps necessary to mitigate the costs resulting from the Federal mandate, and will comply with applicable standards of practice and conduct established by recognized professional or trade associations; and
(ii) reasonable steps to mitigate the costs shall not include increases in State, local, or tribal taxes or fees; and
(D) shall not include—
(i) estimated amounts that the State, local, and tribal governments (in the case of a Federal intergovernmental mandate) or the private sector (in the case of a Federal private sector mandate) would spend—
(I) to comply with or carry out all applicable Federal, State, local, and tribal laws and regulations in effect at the time of the adoption of the Federal mandate for the same activity as is affected by that Federal mandate; or
(II) to comply with or carry out State, local, and tribal governmental programs, or private-sector business or other activities in effect at the time of the adoption of the Federal mandate for the same activity as is affected by that mandate; or
(ii) expenditures to the extent that such expenditures will be offset by any direct savings to the State, local, and tribal governments, or by the private sector, as a result of—
(I) compliance with the Federal mandate; or
(II) other changes in Federal law or regulation that are enacted or adopted in the same bill or joint resolution or proposed or final Federal regulation and that govern the same activity as is affected by the Federal mandate.
(4) Direct savings
The term "direct savings", when used with respect to the result of compliance with the Federal mandate—
(A) in the case of a Federal intergovernmental mandate, means the aggregate estimated reduction in costs to any State, local, or tribal government as a result of compliance with the Federal intergovernmental mandate; and
(B) in the case of a Federal private sector mandate, means the aggregate estimated reduction in costs to the private sector as a result of compliance with the Federal private sector mandate.
(5) Federal intergovernmental mandate
The term "Federal intergovernmental mandate" means—
(A) any provision in legislation, statute, or regulation that—
(i) would impose an enforceable duty upon State, local, or tribal governments, except—
(I) a condition of Federal assistance; or
(II) a duty arising from participation in a voluntary Federal program, except as provided in subparagraph (B); or
(ii) would reduce or eliminate the amount of authorization of appropriations for—
(I) Federal financial assistance that would be provided to State, local, or tribal governments for the purpose of complying with any such previously imposed duty unless such duty is reduced or eliminated by a corresponding amount; or
(II) the control of borders by the Federal Government; or reimbursement to State, local, or tribal governments for the net cost associated with illegal, deportable, and excludable aliens, including court-mandated expenses related to emergency health care, education or criminal justice; when such a reduction or elimination would result in increased net costs to State, local, or tribal governments in providing education or emergency health care to, or incarceration of, illegal aliens; except that this subclause shall not be in effect with respect to a State, local, or tribal government, to the extent that such government has not fully cooperated in the efforts of the Federal Government to locate, apprehend, and deport illegal aliens;
(B) any provision in legislation, statute, or regulation that relates to a then-existing Federal program under which $500,000,000 or more is provided annually to State, local, and tribal governments under entitlement authority, if the provision—
(i)(I) would increase the stringency of conditions of assistance to State, local, or tribal governments under the program; or
(II) would place caps upon, or otherwise decrease, the Federal Government's responsibility to provide funding to State, local, or tribal governments under the program; and
(ii) the State, local, or tribal governments that participate in the Federal program lack authority under that program to amend their financial or programmatic responsibilities to continue providing required services that are affected by the legislation, statute, or regulation.
(6) Federal mandate
The term "Federal mandate" means a Federal intergovernmental mandate or a Federal private sector mandate, as defined in paragraphs (5) and (7).
(7) Federal private sector mandate
The term "Federal private sector mandate" means any provision in legislation, statute, or regulation that—
(A) would impose an enforceable duty upon the private sector except—
(i) a condition of Federal assistance; or
(ii) a duty arising from participation in a voluntary Federal program; or
(B) would reduce or eliminate the amount of authorization of appropriations for Federal financial assistance that will be provided to the private sector for the purposes of ensuring compliance with such duty.
(8) Local government
The term "local government" has the same meaning as defined in section 6501(6) of title 31.
(9) Private sector
The term "private sector" means all persons or entities in the United States, including individuals, partnerships, associations, corporations, and educational and nonprofit institutions, but shall not include State, local, or tribal governments.
(10) Regulation; rule
The term "regulation" or "rule" (except with respect to a rule of either House of the Congress) has the meaning of "rule" as defined in section 601(2) of title 5.
(11) Small government
The term "small government" means any small governmental jurisdictions defined in section 601(5) of title 5 and any tribal government.
(12) State
The term "State" has the same meaning as defined in section 6501(9) of title 31.
(13) Tribal government
The term "tribal government" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians.
(Pub. L. 93–344, title IV, §421, as added Pub. L. 104–4, title I, §101(a)(2), Mar. 22, 1995, 109 Stat. 50; amended Pub. L. 113–67, div. A, title I, §122(14), Dec. 26, 2013, 127 Stat. 1176.)
Editorial Notes
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (13), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
Amendments
2013—Par. (5)(A)(i)(II). Pub. L. 113–67 substituted "subparagraph (B)" for "subparagraph (B))".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
§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 title II of the Social Security Act [42 U.S.C. 401 et seq.] (including taxes imposed by sections 3101(a) and 3111(a) of title 26 (relating to old-age, survivors, and disability insurance)).
(Pub. L. 93–344, title IV, §422, as added Pub. L. 104–4, title I, §101(a)(2), Mar. 22, 1995, 109 Stat. 53.)
Editorial Notes
References in Text
The Social Security Act, referred to in par. (7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
§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).
(b) Submission of bills to 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) 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) shall also contain—
(1)(A) a statement of the amount, if any, of increase or decrease in authorization of appropriations under existing Federal financial assistance programs, or of authorization of appropriations for new Federal financial assistance, provided by the bill or joint resolution and usable for activities of State, local, or tribal governments subject to the Federal intergovernmental mandates;
(B) a statement of whether the committee intends that the Federal intergovernmental mandates be partly or entirely unfunded, and if so, the reasons for that intention; and
(C) if funded in whole or in part, a statement of whether and how the committee has created a mechanism to allocate the funding in a manner that is reasonably consistent with the expected direct costs among and between the respective levels of State, local, and tribal government;
(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 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, §423, as added Pub. L. 104–4, title I, §101(a)(2), Mar. 22, 1995, 109 Stat. 53; amended Pub. L. 106–141, §2(a), Dec. 7, 1999, 113 Stat. 1699.)
Editorial Notes
Amendments
1999—Subsec. (d)(3). Pub. L. 106–141 added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
§658c. Duties of Director; statements on bills and joint resolutions other than appropriations bills and joint resolutions
(a) Federal intergovernmental mandates in reported bills and resolutions
For each bill or joint resolution of a public character reported by any committee of authorization of the Senate or the House of Representatives, the Director of the Congressional Budget Office shall prepare and submit to the committee a statement as follows:
(1) Contents
If the Director estimates that the direct cost of all Federal intergovernmental mandates in the bill or joint resolution will equal or exceed $50,000,000 (adjusted annually for inflation) in the fiscal year in which any Federal intergovernmental mandate in the bill or joint resolution (or in any necessary implementing regulation) would first be effective or in any of the 4 fiscal years following such fiscal year, the Director shall so state, specify the estimate, and briefly explain the basis of the estimate.
(2) Estimates
Estimates required under paragraph (1) shall include estimates (and brief explanations of the basis of the estimates) of—
(A) the total amount of direct cost of complying with the Federal intergovernmental mandates in the bill or joint resolution;
(B) if the bill or resolution contains an authorization of appropriations under section 658d(a)(2)(B) of this title, the amount of new budget authority for each fiscal year for a period not to exceed 10 years beyond the effective date necessary for the direct cost of the intergovernmental mandate; and
(C) the amount, if any, of increase in authorization of appropriations under existing Federal financial assistance programs, or of authorization of appropriations for new Federal financial assistance, provided by the bill or joint resolution and usable by State, local, or tribal governments for activities subject to the Federal intergovernmental mandates.
(3) Additional flexibility information
The Director shall include in the statement submitted under this subsection, in the case of legislation that makes changes as described in section 658(5)(B)(i)(II) of this title—
(A) if no additional flexibility is provided in the legislation, a description of whether and how the States can offset the reduction under existing law; or
(B) if additional flexibility is provided in the legislation, whether the resulting savings would offset the reductions in that program assuming the States fully implement that additional flexibility.
(4) Estimate not feasible
If the Director determines that it is not feasible to make a reasonable estimate that would be required under paragraphs (1) and (2), the Director shall not make the estimate, but shall report in the statement that the reasonable estimate cannot be made and shall include the reasons for that determination in the statement. If such determination is made by the Director, a point of order under this part shall lie only under section 658d(a)(1) of this title and as if the requirement of section 658d(a)(1) of this title had not been met.
(b) Federal private sector mandates in reported bills and joint resolutions
For each bill or joint resolution of a public character reported by any committee of authorization of the Senate or the House of Representatives, the Director of the Congressional Budget Office shall prepare and submit to the committee a statement as follows:
(1) Contents
If the Director estimates that the direct cost of all 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 falling below 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), 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, §424, as added Pub. L. 104–4, title I, §101(a)(2), Mar. 22, 1995, 109 Stat. 55; amended Pub. L. 106–141, §2(b), Dec. 7, 1999, 113 Stat. 1699.)
Editorial Notes
Amendments
1999—Subsec. (a)(3), (4). Pub. L. 106–141 added par. (3) and redesignated former par. (3) as (4).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
§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) for each fiscal year;
(ii) identifies any appropriation bill that is expected to provide for Federal funding of the direct cost referred to under clause (i); and
(iii)(I) provides that for any fiscal year the responsible Federal agency shall determine whether there are insufficient appropriations for that fiscal year to provide for the direct costs under clause (i) of such mandate, and shall (no later than 30 days after the beginning of the fiscal year) notify the appropriate authorizing committees of Congress of the determination and submit either—
(aa) a statement that the agency has determined, based on a re-estimate of the direct costs of such mandate, after consultation with State, local, and tribal governments, that the amount appropriated is sufficient to pay for the direct costs of such mandate; or
(bb) legislative recommendations for either implementing a less costly mandate or making such mandate ineffective for the fiscal year;
(II) provides for expedited procedures for the consideration of the statement or legislative recommendations referred to in subclause (I) by Congress no later than 30 days after the statement or recommendations are submitted to Congress; and
(III) provides that such mandate shall—
(aa) in the case of a statement referred to in subclause (I)(aa), cease to be effective 60 days after the statement is submitted unless Congress has approved the agency's determination by joint resolution during the 60-day period;
(bb) cease to be effective 60 days after the date the legislative recommendations of the responsible Federal agency are submitted to Congress under subclause (I)(bb) unless Congress provides otherwise by law; or
(cc) in the case that such mandate that has not yet taken effect, continue not to be effective unless Congress provides otherwise by law.
(b) Rule of construction
The provisions of subsection (a)(2)(B)(iii) 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)—
(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 of the Senate or House of Representatives.
(2) Certain provisions stricken in Senate
Upon a point of order being made by any Senator against any provision listed in paragraph (1)(B), and the point of order being sustained by the Chair, such specific provision shall be deemed stricken from the bill, resolution, amendment, amendment in disagreement, or conference report and may not be offered as an amendment from the floor.
(d) Determinations of applicability to pending legislation
For purposes of this section, in the Senate, the presiding officer of the Senate shall consult with the Committee on Governmental Affairs, to the extent practicable, on questions concerning the applicability of this part to a pending bill, joint resolution, amendment, motion, or conference report.
(e) Determinations of Federal mandate levels
For purposes of this section, in the Senate, the levels of Federal mandates for a fiscal year shall be determined based on the estimates made by the Committee on the Budget.
(Pub. L. 93–344, title IV, §425, as added Pub. L. 104–4, title I, §101(a)(2), Mar. 22, 1995, 109 Stat. 56.)
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
§658e. Provisions relating to House of Representatives
(a) Enforcement in 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 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, §426, as added Pub. L. 104–4, title I, §101(a)(2), Mar. 22, 1995, 109 Stat. 59.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
§658f. Requests to Congressional Budget Office from Senators
At the written request of a Senator, the Director shall, to the extent practicable, prepare an estimate of the direct costs of a Federal intergovernmental mandate contained in an amendment of such Senator.
(Pub. L. 93–344, title IV, §427, as added Pub. L. 104–4, title I, §101(a)(2), Mar. 22, 1995, 109 Stat. 59.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
§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, §428, as added Pub. L. 104–4, title I, §101(a)(2), Mar. 22, 1995, 109 Stat. 59.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
SUBCHAPTER III—CREDIT REFORM
§661. Purposes
The purposes of this subchapter are to—
(1) measure more accurately the costs of Federal credit programs;
(2) place the cost of credit programs on a budgetary basis equivalent to other Federal spending;
(3) encourage the delivery of benefits in the form most appropriate to the needs of beneficiaries; and
(4) improve the allocation of resources among credit programs and between credit and other spending programs.
(Pub. L. 93–344, title V, §501, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–610.)
Editorial Notes
Prior Provisions
A prior section 661, Pub. L. 93–344, title VI, §606, July 12, 1974, 88 Stat. 325, directed that Budget Committees of House and Senate study, on a continuing basis, any provisions of law which exempt agencies or programs from inclusion in the budget and make recommendations from time to time with regard to terminating or modifying such provisions, prior to repeal by Pub. L. 99–177, title II, §§223, 275(a)(1), Dec. 12, 1985, 99 Stat. 1060, 1100, effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985.
A prior section 501 of Pub. L. 93–344, title V, July 12, 1974, 88 Stat. 321, was classified to section 1020 of former Title 31, prior to repeal and reenactment as section 1102 of Title 31, Money and Finance, by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31.
Statutory Notes and Related Subsidiaries
Short Title
For short title of title V of Pub. L. 93–344, which enacted this subchapter, as the "Federal Credit Reform Act of 1990", see section 500 of Pub. L. 93–344, set out as a note under section 621 of this title.
§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 1 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 value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays.
(B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following estimated cash flows:
(i) loan disbursements;
(ii) repayments of principal; and
(iii) payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries;
including the effects of changes in loan terms resulting from the exercise by the borrower of an option included in the loan contract.
(C) The cost of a loan guarantee shall be the net present value, at the time when the guaranteed loan is disbursed, of the following estimated cash flows:
(i) payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments; and
(ii) payments to the Government including origination and other fees, penalties and recoveries;
including the effects of changes in loan terms resulting from the exercise by the guaranteed lender of an option included in the loan guarantee contract, or by the borrower of an option included in the guaranteed loan contract.
(D) The cost of a modification is the difference between the current estimate of the net present value of the remaining cash flows under the terms of a direct loan or loan guarantee contract, and the current estimate of the net present value of the remaining cash flows under the terms of the contract, as modified.
(E) In estimating net present values, the discount rate shall be the average interest rate on marketable Treasury securities of similar maturity to the cash flows of the direct loan or loan guarantee for which the estimate is being made.
(F) When funds are obligated for a direct loan or loan guarantee, the estimated cost shall be based on the current assumptions, adjusted to incorporate the terms of the loan contract, for the fiscal year in which the funds are obligated.
(6) The term "credit program account" means the budget account into which an appropriation to cover the cost of a direct loan or loan guarantee program is made and from which such cost is disbursed to the financing account.
(7) The term "financing account" means the non-budget account or accounts associated with each credit program account which holds balances, receives the cost payment from the credit program account, and also includes all other cash flows to and from the Government resulting from direct loan obligations or loan guarantee commitments made on or after October 1, 1991.
(8) The term "liquidating account" means the budget account that includes all cash flows to and from the Government resulting from direct loan obligations or loan guarantee commitments made prior to October 1, 1991.
These accounts shall be shown in the budget on a cash basis.
(9) The term "modification" means any Government action that alters the estimated cost of an outstanding direct loan (or direct loan obligation) or an outstanding loan guarantee (or loan guarantee commitment) from the current estimate of cash flows. This includes the sale of loan assets, with or without recourse, and the purchase of guaranteed loans. This also includes any action resulting from new legislation, or from the exercise of administrative discretion under existing law, that directly or indirectly alters the estimated cost of outstanding direct loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments) such as a change in collection procedures.
(10) The term "current" has the same meaning as in section 900(c)(9) of this title.
(11) The term "Director" means the Director of the Office of Management and Budget.
(Pub. L. 93–344, title V, §502, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–610; amended Pub. L. 105–33, title X, §10117(a), Aug. 5, 1997, 111 Stat. 692.)
Editorial Notes
Prior Provisions
A prior section 502 of Pub. L. 93–344, title V, July 12, 1974, 88 Stat. 321, was set out as a note under section 1020 of former Title 31, prior to repeal by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068.
Amendments
1997—Par. (1). Pub. L. 105–33, §10117(a)(1), inserted "and financing arrangements that defer payment for more than 90 days, including the sale of a government asset on credit terms" after "another lender".
Par. (5)(A). Pub. L. 105–33, §10117(a)(2), inserted "or modification thereof" after "or loan guarantee".
Par. (5)(B), (C). Pub. L. 105–33, §10117(a)(3), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which read as follows:
"(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 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.
"(C) The cost of a loan guarantee shall be the net present value when a guaranteed loan is disbursed of the cash flow from—
"(i) estimated payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments, and
"(ii) the estimated payments to the Government including origination and other fees, penalties and recoveries."
Par. (5)(D). Pub. L. 105–33, §10117(a)(4), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "Any Government action that alters the estimated net present value of an outstanding direct loan or loan guarantee (except modifications within the terms of existing contracts or through other existing authorities) shall be counted as a change in the cost of that direct loan or loan guarantee. The calculation of such changes shall be based on the estimated present value of the direct loan or loan guarantee at the time of modification."
Par. (5)(E). Pub. L. 105–33, §10117(a)(5), inserted "the cash flows of" after "similar maturity to".
Par. (5)(F). Pub. L. 105–33, §10117(a)(6), added subpar. (F).
Pars. (9) to (11). Pub. L. 105–33, §10117(a)(7), added pars. (9) and (10) and redesignated former par. (9) as (11).
1 So in original. Probably should be capitalized.
§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 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, §503, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–611.)
Editorial Notes
Prior Provisions
A prior section 503 of Pub. L. 93–344, title V, July 12, 1974, 88 Stat. 321, was classified to section 701 of former Title 31, prior to repeal and reenactment in section 1552(a) of Title 31, Money and Finance, by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31.
§661c. Budgetary treatment
(a) President's budget
Beginning with fiscal year 1992, the President's budget shall reflect the costs of direct loan and loan guarantee programs. The budget shall also include the planned level of new direct loan obligations or loan guarantee commitments associated with each appropriations request.
(b) Appropriations required
Notwithstanding any other provision of law, new direct loan obligations may be incurred and new loan guarantee commitments may be made for fiscal year 1992 and thereafter only to the extent that—
(1) new budget authority to cover their costs is provided in advance in an appropriations Act;
(2) a limitation on the use of funds otherwise available for the cost of a direct loan or loan guarantee program has been provided in advance in an appropriations Act; or
(3) authority is otherwise provided in appropriation Acts.
(c) Exemption for mandatory programs
Subsections (b) and (e) 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, §504, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–612; amended Pub. L. 105–33, title X, §10117(b), Aug. 5, 1997, 111 Stat. 693.)
Editorial Notes
Prior Provisions
A prior section 504 of Pub. L. 93–344, title V, July 12, 1974, 88 Stat. 322, was classified to section 1020a of former Title 31, prior to repeal by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068.
Amendments
1997—Subsec. (b)(1). Pub. L. 105–33, §10117(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "appropriations of budget authority to cover their costs are made in advance;".
Subsec. (b)(2). Pub. L. 105–33, §10117(b)(2), substituted "has been provided in advance in an appropriations Act" for "is enacted".
Subsec. (c). Pub. L. 105–33, §10117(b)(3), substituted "Subsections (b) and (e)" for "Subsection (b)".
Subsec. (d)(1). Pub. L. 105–33, §10117(b)(4), substituted "modify outstanding direct loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments)" for "directly or indirectly alter the costs of outstanding direct loans and loan guarantees".
Subsec. (e). Pub. L. 105–33, §10117(b)(5), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "A direct loan obligation or loan guarantee commitment shall not be modified in a manner that increases its cost unless budget authority for the additional cost is appropriated, or is available out of existing appropriations or from other budgetary resources."
§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 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 2285(c) of title 12 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. Cash balances of the financing accounts in excess of current requirements shall be maintained in a form of uninvested funds and the Secretary of the Treasury shall pay interest on these funds.
(d) Authorization for liquidating accounts
(1) Amounts in liquidating accounts shall be available only for payments resulting from direct loan obligations or loan guarantee commitments made prior to October 1, 1991, for—
(A) interest payments and principal repayments to the Treasury or the Federal Financing Bank for amounts borrowed;
(B) disbursements of loans;
(C) default and other guarantee claim payments;
(D) interest supplement payments;
(E) payments for the costs of foreclosing, managing, and selling collateral that are capitalized or routinely deducted from the proceeds of sales;
(F) payments to financing accounts when required for modifications;
(G) administrative expenses, if—
(i) amounts credited to the liquidating account would have been available for administrative expenses under a provision of law in effect prior to October 1, 1991; and
(ii) no direct loan obligation or loan guarantee commitment has been made, or any modification of a direct loan or loan guarantee has been made, since September 30, 1991; or
(H) such other payments as are necessary for the liquidation of such direct loan obligations and loan guarantee commitments.
(2) Amounts credited to liquidating accounts in any year shall be available only for payments required in that year. Any unobligated balances in liquidating accounts at the end of a fiscal year shall be transferred to miscellaneous receipts as soon as practicable after the end of the fiscal year.
(3) If funds in liquidating accounts are insufficient to satisfy obligations and commitments of such accounts, there is hereby provided permanent, indefinite authority to make any payments required to be made on such obligations and commitments.
(e) Authorization of appropriations for implementation expenses
There are authorized to be appropriated to existing accounts such sums as may be necessary for salaries and expenses to carry out the responsibilities under this subchapter.
(f) Reinsurance
Nothing in this subchapter shall be construed as authorizing or requiring the purchase of insurance or reinsurance on a direct loan or loan guarantee from private insurers. If any such reinsurance for a direct loan or loan guarantee is authorized, the cost of such insurance and any recoveries to the Government shall be included in the calculation of the cost.
(g) Eligibility and assistance
Nothing in this subchapter shall be construed to change the authority or the responsibility of a Federal agency to determine the terms and conditions of eligibility for, or the amount of assistance provided by a direct loan or a loan guarantee.
(Pub. L. 93–344, title V, §505, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–613; amended Pub. L. 105–33, title X, §10117(c), Aug. 5, 1997, 111 Stat. 694; Pub. L. 113–67, div. A, title I, §122(15), Dec. 26, 2013, 127 Stat. 1176.)
Editorial Notes
Prior Provisions
A prior section 505 of Pub. L. 93–344, title V, July 12, 1974, 88 Stat. 322, repealed sections 66 and 81 of this title.
Amendments
2013—Subsec. (c). Pub. L. 113–67 made technical amendment to reference in original act which appears in text as reference to section 655(b) of this title.
1997—Subsec. (c). Pub. L. 105–33, §10117(c)(2), substituted "supersede" for "supercede".
Pub. L. 105–33, §10117(c)(1), inserted before period at end of second sentence ", 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 2285(c) of title 12 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".
Subsec. (d). Pub. L. 105–33, §10117(c)(3), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: "If funds in liquidating accounts are insufficient to satisfy the obligations and commitments of said accounts, there is hereby provided permanent, indefinite authority to make any payments required to be made on such obligations and commitments."
§661e. Treatment of deposit insurance and agencies and other insurance programs
(a) In general
This subchapter shall not apply to the credit or insurance activities of the Federal Deposit Insurance Corporation, National Credit Union Administration, Resolution Trust Corporation, Pension Benefit Guaranty Corporation, National Flood Insurance, National Insurance Development Fund, Crop Insurance, or Tennessee Valley Authority.
(b) Study
The Director and the Director of the Congressional Budget Office shall each study whether the accounting for Federal deposit insurance programs should be on a cash basis on the same basis as loan guarantees, or on a different basis. Each Director shall report findings and recommendations to the President and the Congress on or before May 31, 1991.
(c) Access to data
For the purposes of subsection (b), 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, §506, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–614; amended Pub. L. 105–33, title X, §10117(d), Aug. 5, 1997, 111 Stat. 695.)
Editorial Notes
Prior Provisions
A prior section 506 of Pub. L. 93–344, title V, July 12, 1974, 88 Stat. 322, amended section 105 of Title 1, General Provisions, and enacted provisions set out as a note under section 105 of Title 1, prior to the general revision of title V of Pub. L. 93–344 by Pub. L. 101–508.
Amendments
1997—Pub. L. 105–33 struck out subsec. (a) designation and heading, redesignated pars. (1) to (3) of former subsec. (a) as subsecs. (a) to (c), respectively, inserted subsec. headings, and substituted "subsection (b)" for "paragraph (2)" in subsec. (c).
§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, §507, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–614.)
SUBCHAPTER IV—BUDGET AGREEMENT ENFORCEMENT PROVISIONS
§§665 to 665e. Repealed. Pub. L. 105–33, title X, §10118(a), Aug. 5, 1997, 111 Stat. 695
Section 665, Pub. L. 93–344, title VI, §601, as added Pub. L. 101–508, title XIII, §13111, Nov. 5, 1990, 104 Stat. 1388–602; amended Pub. L. 103–66, title XIV, §14002(a), (b), Aug. 10, 1993, 107 Stat. 683, defined terms and provided for points of order in cases where measures would exceed discretionary spending limits.
A prior section 601 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 323, was classified to section 11 of former Title 31, prior to repeal and reenactment as sections 1105(a)(15), 1106(b), and 1108(d) of Title 31, Money and Finance, by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31.
Section 665a, Pub. L. 93–344, title VI, §602, as added Pub. L. 101–508, title XIII, §13111, Nov. 5, 1990, 104 Stat. 1388–603; amended Pub. L. 103–322, title XXXI, §310001(f)(1), Sept. 13, 1994, 108 Stat. 2103, related to committee allocations and enforcement.
A prior section 602 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 324, was classified to section 11 of former Title 31, prior to repeal and reenactment as section 1106(a) of Title 31, Money and Finance, by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31.
Section 665b, Pub. L. 93–344, title VI, §603, as added Pub. L. 101–508, title XIII, §13111, Nov. 5, 1990, 104 Stat. 1388–605, related to consideration of legislation before adoption of budget resolution for that fiscal year.
A prior section 603 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 324, was classified to section 11 of former Title 31, prior to repeal and reenactment in section 1105(a)(1)–(14) of Title 31, Money and Finance, by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31.
Section 665c, Pub. L. 93–344, title VI, §604, as added Pub. L. 101–508, title XIII, §13111, Nov. 5, 1990, 104 Stat. 1388–605, related to reconciliation directives regarding pay-as-you-go requirements.
A prior section 604 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 324, was classified to section 11 of former Title 31, prior to repeal and reenactment in section 1105(a)(1)–(14) of Title 31, Money and Finance, by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31.
Section 665d, Pub. L. 93–344, title VI, §605, as added Pub. L. 101–508, title XIII, §13111, Nov. 5, 1990, 104 Stat. 1388–606, related to application of section 642 of this title and points of order in Senate for measures exceeding specified maximum deficit amount.
A prior section 605 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 325, was classified to section 11a of former Title 31, prior to repeal and reenactment in section 1109 of Title 31, Money and Finance, by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31.
Section 665e, Pub. L. 93–344, title VI, §606, as added Pub. L. 101–508, title XIII, §13111, Nov. 5, 1990, 104 Stat. 1388–606; amended Pub. L. 104–121, title I, §103(c), Mar. 29, 1996, 110 Stat. 849; Pub. L. 104–193, title II, §211(d)(5)(C), Aug. 22, 1996, 110 Stat. 2192, related to 5-year budget resolutions and requirement that budget resolutions conform to Balanced Budget and Emergency Deficit Control Act of 1985.
A prior section 606 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 325, was classified to section 661 of this title, prior to repeal by Pub. L. 99–177, title II, §223, Dec. 12, 1985, 99 Stat. 1060.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 93–344, title VI, §607, as added by Pub. L. 101–508, title XIII, §13111, Nov. 5, 1990, 104 Stat. 1388–607, and amended by Pub. L. 103–66, title XIV, §14002(c)(3)(B), Aug. 10, 1993, 107 Stat. 684, provided that title VI of Pub. L. 93–344, enacting this subchapter, was effective Nov. 5, 1990, and was applicable to fiscal years 1991 to 1998, prior to repeal by Pub. L. 105–33, title X, §10118(a), Aug. 5, 1997, 111 Stat. 695.
CHAPTER 17B—IMPOUNDMENT CONTROL
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY
SUBCHAPTER III—LINE ITEM VETO
SUBCHAPTER I—GENERAL PROVISIONS
§681. Disclaimer
Nothing contained in this Act, or in any amendments made by this Act, shall be construed as—
(1) asserting or conceding the constitutional powers or limitations of either the Congress or the President;
(2) ratifying or approving any impoundment heretofore or hereafter executed or approved by the President or any other Federal officer or employee, except insofar as pursuant to statutory authorization then in effect;
(3) affecting in any way the claims or defenses of any party to litigation concerning any impoundment; or
(4) superseding any provision of law which requires the obligation of budget authority or the making of outlays thereunder.
(Pub. L. 93–344, title X, §1001, July 12, 1974, 88 Stat. 332.)
Editorial Notes
References in Text
This Act, referred to in provision preceding par. (1), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A, and 17B, and section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31 and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
Codification
Section was formerly classified to section 1400 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Statutory Notes and Related Subsidiaries
Effective Date
Chapter effective July 12, 1974, see section 905(a) of Pub. L. 93–344, formerly set out as a note under section 621 of this title.
Short Title of 1996 Amendment
Pub. L. 104–130, §1, Apr. 9, 1996, 110 Stat. 1200, which provided that Pub. L. 104–130 (enacting former subchapter III (§691 et seq.) of this chapter and provisions set out as a note under section 691 of this title and amending provisions set out as notes under section 621 of this title) could be cited as the "Line Item Veto Act", was omitted pursuant to section 5 of Pub. L. 104–130, set out as an Effective and Termination Dates note under section 691 of this title.
Short Title
For short title of title X of Pub. L. 93–344, which enacted this chapter, as the "Impoundment Control Act of 1974", see section 1(a) of Pub. L. 93–344, as amended, set out as a note under section 621 of this title.
SUBCHAPTER II—CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY
§682. Definitions
For purposes of sections 682 to 688 of this title—
(1) "deferral of budget authority" includes—
(A) withholding or delaying the obligation or expenditure of budget authority (whether by establishing reserves or otherwise) provided for projects or activities; or
(B) any other type of Executive action or inaction which effectively precludes the obligation or expenditure of budget authority, including authority to obligate by contract in advance of appropriations as specifically authorized by law;
(2) "Comptroller General" means the Comptroller General of the United States;
(3) "rescission bill" means a bill or joint resolution which only rescinds, in whole or in part, budget authority proposed to be rescinded in a special message transmitted by the President under section 683 of this title, and upon which the Congress completes action before the end of the first period of 45 calendar days of continuous session of the Congress after the date on which the President's message is received by the Congress;
(4) "impoundment resolution" means a resolution of the House of Representatives or the Senate which only expresses its disapproval of a proposed deferral of budget authority set forth in a special message transmitted by the President under section 684 of this title; and
(5) continuity of a session of the Congress shall be considered as broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in the computation of the 45-day period referred to in paragraph (3) of this section and in section 683 of this title, and the 25-day periods referred to in sections 687 and 688(b)(1) of this title. If a special message is transmitted under section 683 of this title during any Congress and the last session of such Congress adjourns sine die before the expiration of 45 calendar days of continuous session (or a special message is so transmitted after the last session of the Congress adjourns sine die), the message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the 45-day period referred to in paragraph (3) of this section and in section 683 of this title (with respect to such message) shall commence on the day after such first day.
(Pub. L. 93–344, title X, §1011, July 12, 1974, 88 Stat. 333.)
Editorial Notes
Codification
Section was formerly classified to section 1401 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
§683. Rescission of budget authority
(a) Transmittal of special message
Whenever the President determines that all or part of any budget authority will not be required to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the termination of authorized projects or activities for which budget authority has been provided), or whenever all or part of budget authority provided for only one fiscal year is to be reserved from obligation for such fiscal year, the President shall transmit to both Houses of Congress a special message specifying—
(1) the amount of budget authority which he proposes to be rescinded or which is to be so reserved;
(2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved;
(3) the reasons why the budget authority should be rescinded or is to be so reserved;
(4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed rescission or of the reservation; and
(5) all facts, circumstances, and considerations relating to or bearing upon the proposed rescission or the reservation and the decision to effect the proposed rescission or the reservation, and to the maximum extent practicable, the estimated effect of the proposed rescission or the reservation upon the objects, purposes, and programs for which the budget authority is provided.
(b) Requirement to make available for obligation
Any amount of budget authority proposed to be rescinded or that is to be reserved as set forth in such special message shall be made available for obligation unless, within the prescribed 45-day period, the Congress has completed action on a rescission bill rescinding all or part of the amount proposed to be rescinded or that is to be reserved. Funds made available for obligation under this procedure may not be proposed for rescission again.
(Pub. L. 93–344, title X, §1012, July 12, 1974, 88 Stat. 333; Pub. L. 100–119, title II, §207, Sept. 29, 1987, 101 Stat. 786.)
Editorial Notes
Codification
Section was formerly classified to section 1402 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1987—Subsec. (b). Pub. L. 100–119 inserted at end "Funds made available for obligation under this procedure may not be proposed for rescission again."
§684. Proposed deferrals of budget authority
(a) Transmittal of special message
Whenever the President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any officer or employee of the United States proposes to defer any budget authority provided for a specific purpose or project, the President shall transmit to the House of Representatives and the Senate a special message specifying—
(1) the amount of the budget authority proposed to be deferred;
(2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific projects or governmental functions involved;
(3) the period of time during which the budget authority is proposed to be deferred;
(4) the reasons for the proposed deferral, including any legal authority invoked to justify the proposed deferral;
(5) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed deferral; and
(6) all facts, circumstances, and considerations relating to or bearing upon the proposed deferral and the decision to effect the proposed deferral, including an analysis of such facts, circumstances, and considerations in terms of their application to any legal authority, including specific elements of legal authority, invoked to justify such proposed deferral, and to the maximum extent practicable, the estimated effect of the proposed deferral upon the objects, purposes, and programs for which the budget authority is provided.
A special message may include one or more proposed deferrals of budget authority. A deferral may not be proposed for any period of time extending beyond the end of the fiscal year in which the special message proposing the deferral is transmitted to the House and the Senate.
(b) Consistency with legislative policy
Deferrals shall be permissible only—
(1) to provide for contingencies;
(2) to achieve savings made possible by or through changes in requirements or greater efficiency of operations; or
(3) as specifically provided by law.
No officer or employee of the United States may defer any budget authority for any other purpose.
(c) Exception
The provisions of this section do not apply to any budget authority proposed to be rescinded or that is to be reserved as set forth in a special message required to be transmitted under section 683 of this title.
(Pub. L. 93–344, title X, §1013, July 12, 1974, 88 Stat. 334; Pub. L. 100–119, title II, §206(a), Sept. 29, 1987, 101 Stat. 785.)
Editorial Notes
Codification
Section was formerly classified to section 1403 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1987—Pub. L. 100–119 amended section generally, substituting substantially similar provisions in subsecs. (a) and (c) and substituting subsec. (b) for former subsec. (b) which read as follows: "Any amount of budget authority proposed to be deferred, as set forth in a special message transmitted under subsection (a) of this section, shall be made available for obligation if either House of Congress passes an impoundment resolution disapproving such proposed deferral."
§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). 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) 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), shall be printed in the first issue of the Federal Register published after such transmittal.
(e) Cumulative reports of proposed rescissions, reservations, and deferrals of budget authority
(1) The President shall submit a report to the House of Representatives and the Senate, not later than the 10th day of each month during a fiscal year, listing all budget authority for that fiscal year with respect to which, as of the first day of such month—
(A) he has transmitted a special message under section 683 of this title with respect to a proposed rescission or a reservation; and
(B) he has transmitted a special message under section 684 of this title proposing a deferral.
Such report shall also contain, with respect to each such proposed rescission or deferral, or each such reservation, the information required to be submitted in the special message with respect thereto under section 683 or 684 of this title.
(2) Each report submitted under paragraph (1) shall be printed in the first issue of the Federal Register published after its submission.
(Pub. L. 93–344, title X, §1014, July 12, 1974, 88 Stat. 335.)
Editorial Notes
Codification
Section was formerly classified to section 1404 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Executive Documents
Ex. Ord. No. 11845. Delegation of Certain Reporting Functions to Director of Office of Management and Budget
Ex. Ord. No. 11845, Mar. 24, 1975, 40 F.R. 13299, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by the Impoundment Control Act of 1974 (Public Law 93–344; 88 Stat. 332, (2 U.S.C. 681 et seq.), hereinafter referred to as the Act) [subchapters I and II of this chapter], and section 301 of title 3 of the United States Code, the Director of the Office of Management and Budget is hereby designated and empowered to exercise, as of October 1, 1974 without ratification or other action of the President (1) the functions required by sections 1014(b) and 1014(d) of the Act [subsecs. (b) and (d) of this section] of transmitting to the Comptroller General of the United States and to the Office of the Federal Register copies of special messages transmitted pursuant to section 1012 or 1013 (2 U.S.C. 683 and 684) of the Act; and (2) the function conferred upon the President by section 1014(e) of the Act (2 U.S.C. 685(e)) of submitting to the Congress cumulative reports of proposed rescissions, reservations, and deferrals of budget authority.
§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, §1015, July 12, 1974, 88 Stat. 336.)
Editorial Notes
Codification
Section was formerly classified to section 1405 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Statutory Notes and Related Subsidiaries
Reaffirmation
Pub. L. 100–119, title II, §206(c), Sept. 29, 1987, 101 Stat. 786, provided that: "Sections 1015 and 1016 of the Impoundment Control Act of 1974 [2 U.S.C. 686, 687] are reaffirmed."
§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, §1016, July 12, 1974, 88 Stat. 336; Pub. L. 98–620, title IV, §402(35), Nov. 8, 1984, 98 Stat. 3360; Pub. L. 100–119, title II, §206(b), Sept. 29, 1987, 101 Stat. 786.)
Editorial Notes
Codification
Section was formerly classified to section 1406 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1987—Pub. L. 100–119 substituted "If, under this chapter" for "If, under section 683(b) or 684(b) of this title".
1984—Pub. L. 98–620 struck out provision requiring that the courts give precedence to civil actions brought under this section, and to appeals and writs from decisions in such actions, over all other civil actions, appeals, and writs.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.
Reaffirmation
For provision reaffirming this section, see section 206(c) of Pub. L. 100–119, set out as a note under section 686 of this title.
§688. Procedure in House of Representatives and Senate
(a) Referral
Any rescission bill introduced with respect to a special message or impoundment resolution introduced with respect to a proposed deferral of budget authority shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be.
(b) Discharge of committee
(1) If the committee to which a rescission bill or impoundment resolution has been referred has not reported it at the end of 25 calendar days of continuous session of the Congress after its introduction, it is in order to move either to discharge the committee from further consideration of the bill or resolution or to discharge the committee from further consideration of any other rescission bill with respect to the same special message or impoundment resolution with respect to the same proposed deferral, as the case may be, which has been referred to the committee.
(2) A motion to discharge may be made only by an individual favoring the bill or resolution, may be made only if supported by one-fifth of the Members of the House involved (a quorum being present), and is highly privileged in the House and privileged in the Senate (except that it may not be made after the committee has reported a bill or resolution with respect to the same special message or the same proposed deferral, as the case may be); and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the bill or resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(c) Floor consideration in 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 Senate
(1) Debate in the Senate on any rescission bill or impoundment resolution, and all amendments thereto (in the case of a rescission bill) and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(2) Debate in the Senate on any amendment to a rescission bill shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the bill. Debate on any amendment to an amendment, to such a bill, and debate on any debatable motion or appeal in connection with such a bill or an impoundment resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of a rescission bill shall be received. Such leaders, or either of them, may, from the time under their control on the passage of a rescission bill or impoundment resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal.
(3) A motion to further limit debate is not debatable. In the case of a rescission bill, a motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. In the case of an impoundment resolution, no amendment or motion to recommit is in order.
(4) The conference report on any rescission bill shall be in order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to.
(5) During the consideration in the Senate of the conference report on any rescission bill, debate shall be limited to 2 hours to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report.
(6) Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee.
(7) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received.
(Pub. L. 93–344, title X, §1017, July 12, 1974, 88 Stat. 337.)
Editorial Notes
Codification
Section was formerly classified to section 1407 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
SUBCHAPTER III—LINE ITEM VETO
§§691 to 692. Omitted
Editorial Notes
Codification
Sections were omitted pursuant to section 5 of Pub. L. 104–130, set out as an Effective and Termination Dates note below.
Section 691, Pub. L. 93–344, title X, §1021, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat. 1200, provided line item veto authority.
Section 691a, Pub. L. 93–344, title X, §1022, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat. 1201; amended Pub. L. 105–33, title X, §10121(a), Aug. 5, 1997, 111 Stat. 696, required special messages to Congress of cancellations made.
Section 691b, Pub. L. 93–344, title X, §1023, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat. 1202, provided that cancellations were to be effective unless disapproved.
Section 691c, Pub. L. 93–344, title X, §1024, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat. 1202; amended Pub. L. 105–33, title X, §10121(b), Aug. 5, 1997, 111 Stat. 696, related to deficit reduction.
Section 691d, Pub. L. 93–344, title X, §1025, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat. 1203, related to expedited congressional consideration of disapproval bills.
Section 691e, Pub. L. 93–344, title X, §1026, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat. 1207; amended Pub. L. 105–33, title X, §10122, Aug. 5, 1997, 111 Stat. 697, defined terms used in this subchapter.
Section 691f, Pub. L. 93–344, title X, §1027, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat. 1210, related to identification of limited tax benefits.
Section 692, Pub. L. 104–130, §3, Apr. 9, 1996, 110 Stat. 1211, provided for judicial review.
Statutory Notes and Related Subsidiaries
Constitutionality
For information regarding the constitutionality of part C of title X of Pub. L. 93–344, as added by section 2(a) of Pub. L. 104–130, which was classified generally to this subchapter (sections 691 et seq. of this title), see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
Effective and Termination Dates
Pub. L. 104–130, §5, Apr. 9, 1996, 110 Stat. 1212, provided that: "This Act [enacting this subchapter and provisions set out as a note under section 681 of this title and amending provisions set out as notes under section 621 of this title] and the amendments made by it shall take effect and apply to measures enacted on the earlier of—
"(1) the day after the enactment into law, pursuant to Article I, section 7, of the Constitution of the United States, of an Act entitled 'An Act to provide for a seven-year plan for deficit reduction and achieve a balanced Federal budget.'; or
"(2) January 1, 1997;
and shall have no force or effect on or after January 1, 2005."
CHAPTER 18—LEGISLATIVE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS
§§701 to 709. Transferred
Editorial Notes
Codification
Sections 701 to 709, comprising title I of the Ethics in Government Act of 1978, Pub. L. 95–521, was amended generally by Pub. L. 101–194, title II, §202, Nov. 30, 1989, 103 Stat. 1724, effective Jan. 1, 1991, and was transferred to section 101 et seq. of the Appendix to Title 5, Government Organization and Employees.
Section 701, Pub. L. 95–521, title I, §101, Oct. 26, 1978, 92 Stat. 1824; Pub. L. 96–19, §§2(a)(1), (b), (c)(1), 4(b)(1), (d)–(f), 5, June 13, 1979, 93 Stat. 37, 38, 40, related to legislative personnel financial disclosure.
Section 702, Pub. L. 95–521, title I, §102, Oct. 26, 1978, 92 Stat. 1825; Pub. L. 96–19, §§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, §130(b), Oct. 1, 1981, 95 Stat. 966; Pub. L. 98–150, §10, Nov. 11, 1983, 97 Stat. 962, related to contents of reports.
Section 703, Pub. L. 95–521, title I, §103, Oct. 26, 1978, 92 Stat. 1831; Pub. L. 96–19, §§4(b)(2), 9(a), June 13, 1979, 93 Stat. 40, 42, related to filing of reports.
Section 704, Pub. L. 95–521, title I, §104, Oct. 26, 1978, 92 Stat. 1832; Pub. L. 96–19, §8(a), June 13, 1979, 93 Stat. 41, related to accessibility of reports.
Section 705, Pub. L. 95–521, title I, §105, Oct. 26, 1978, 92 Stat. 1833, related to review and compliance procedures.
Section 706, Pub. L. 95–521, title I, §106, Oct. 26, 1978, 92 Stat. 1833, related to failure to file or filing false reports.
Section 707, Pub. L. 95–521, title I, §107, Oct. 26, 1978, 92 Stat. 1834; Pub. L. 96–19, §9(d), (g), June 13, 1979, 93 Stat. 42, 43; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095, related to definitions.
Section 708, Pub. L. 95–521, title I, §108, Oct. 26, 1978, 92 Stat. 1835; Pub. L. 96–19, §9(t), June 13, 1979, 93 Stat. 44, related to State laws affected.
Section 709, Pub. L. 95–521, title I, §109, Oct. 26, 1978, 92 Stat. 1836, related to study by Comptroller General.
CHAPTER 19—CONGRESSIONAL AWARD PROGRAM
SUBCHAPTER I—CONGRESSIONAL AWARD PROGRAM
SUBCHAPTER II—CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS EDUCATION
SUBCHAPTER I—CONGRESSIONAL AWARD PROGRAM
§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, §101, formerly §2, Nov. 16, 1979, 93 Stat. 851; renumbered title I, §101, and amended Pub. L. 106–533, §1(b)(1)–(3), Nov. 22, 2000, 114 Stat. 2553.)
Editorial Notes
Amendments
2000—Pub. L. 106–533, §1(b)(3)(A), substituted "subchapter" for "chapter".
Pub. L. 106–533, §1(b)(3)(B), made technical amendment to reference in original act which appears in text as reference to section 802 of this title.
Statutory Notes and Related Subsidiaries
Short Title of 2018 Amendment
Pub. L. 115–268, §1, Oct. 11, 2018, 132 Stat. 3762, provided that: "This Act [amending section 808 of this title and enacting provisions set out as a note under section 808 of this title] may be cited as the 'Congressional Award Program Reauthorization Act of 2018'."
Short Title of 2013 Amendment
Pub. L. 113–43, §1, Oct. 4, 2013, 127 Stat. 554, provided that: "This Act [amending section 808 of this title and enacting provisions set out as a note under section 808 of this title] may be cited as the 'Congressional Award Program Reauthorization Act of 2013'."
Short Title of 2010 Amendment
Pub. L. 111–200, §1, July 7, 2010, 124 Stat. 1368, provided that: "This Act [amending sections 802 to 804, 806, and 808 of this title and enacting provisions set out as a note under section 808 of this title] may be cited as the 'Congressional Award Program Reauthorization Act of 2009'."
Short Title of 1992 Amendment
Pub. L. 102–457, §1, Oct. 23, 1992, 106 Stat. 2265, provided that: "This Act [amending sections 804 and 808 of this title] may be cited as the 'Congressional Award Act Amendments of 1992'."
Short Title of 1990 Amendment
Pub. L. 101–525, §1, Nov. 6, 1990, 104 Stat. 2305, provided that: "This Act [amending sections 802, 803, and 806 to 808 of this title and enacting provisions set out as a note under section 808 of this title] may be cited as the 'Congressional Award Amendments of 1990'."
Short Title of 1988 Amendment
Pub. L. 100–674, §1, Nov. 17, 1988, 102 Stat. 3996, provided that: "This Act [amending sections 802, 803, and 806 to 808 of this title and enacting provisions set out as a note under section 803 of this title] may be cited as the 'Congressional Award Act Amendments of 1988'."
Short Title of 1985 Amendment
Pub. L. 99–161, §1, Nov. 25, 1985, 99 Stat. 934, provided that: "This Act [amending sections 802, 803, and 806 to 808 of this title and repealing provisions set out as a note under section 803 of this title] may be cited as the 'Congressional Award Amendments of 1985'."
Short Title
Pub. L. 96–114, title II, §201, as added by Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2545, provided that: "This title [enacting subchapter II of this chapter] may be cited as the 'Congressional Recognition for Excellence in Arts Education Act'."
Pub. L. 96–114, §1, Nov. 16, 1979, 93 Stat. 851, provided that: "This Act [enacting this chapter] may be cited as the 'Congressional Award Act'."
§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).
(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 shall exceed $75,000 per annum, except that for calendar years after 1986, such limit shall be increased in proportion to increases in the Consumer Price Index.
(c) Presentation of awards
The Board shall arrange for the presentation of the awards to the recipients and shall provide for participation by Members of Congress in such presentation, when appropriate. To the extent possible, recipients shall be provided with opportunities to exchange information and views with Members of Congress in connection with 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) and awarded by the Board under this chapter. Subject to subsection (a), 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, §102, formerly §3, Nov. 16, 1979, 93 Stat. 851; Pub. L. 99–161, §4(a)–(c), Nov. 25, 1985, 99 Stat. 934; Pub. L. 100–674, §2(a), Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101–525, §3, Nov. 6, 1990, 104 Stat. 2305; Pub. L. 103–329, title VI, §637, Sept. 30, 1994, 108 Stat. 2431; Pub. L. 106–63, §1(a), Oct. 1, 1999, 113 Stat. 510; renumbered title I, §102, and amended Pub. L. 106–533, §1(b)(1), (2), (4), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 111–200, §2(a), July 7, 2010, 124 Stat. 1368.)
Editorial Notes
Codification
Subsection (e), which required the Board to submit an annual report to Congress on the activities of the Congressional Award Program, 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 199 of House Document No. 103–7.
Amendments
2010—Subsec. (b). Pub. L. 111–200, §2(a)(1), struck out "under paragraph (3)" after "established by the Board" in concluding provisions.
Subsec. (c). Pub. L. 111–200, §2(a)(2), substituted "in connection with" for "during" in second sentence.
2000—Subsec. (e)(3). Pub. L. 106–533, §1(b)(4)(A), which directed technical amendment to reference in original act which would have appeared in text as reference to section 804(g)(1) of this title, could not be executed because that reference did not appear in the original. See Codification note above.
Subsec. (e)(4). Pub. L. 106–533, §1(b)(4)(B), made technical amendment to reference in original act which appears in text as reference to section 806 of this title. See Codification note above.
1999—Subsec. (e). Pub. L. 106–63 substituted "June 1" for "April 1" in introductory provisions.
1994—Subsec. (a). Pub. L. 103–329, §637(1), struck out "gold, silver, and bronze" after "Under the program" and substituted last sentence for former last sentence which read as follows: "The medals shall be of such design and materials as the Board may determine."
Subsec. (f). Pub. L. 103–329, §637(2), added subsec. (f).
1990—Subsec. (e). Pub. L. 101–525 substituted "April 1" for "March 1".
1988—Subsec. (e)(6) to (8). Pub. L. 100–674 added pars. (6) and (7) and redesignated former par. (6) as (8).
1985—Subsec. (b). Pub. L. 99–161, §4(a), inserted provision limiting salaries established by Board under par. (3) to $75,000 per annum, such limit after 1986 being increased in proportion to Consumer Price Index.
Subsec. (d). Pub. L. 99–161, §4(b), inserted reference to Silver and Bronze Medals.
Subsec. (e)(4). Pub. L. 99–161, §4(c), inserted "for each member, officer, employee, and consultant of the Board (or of the Corporation established pursuant to section 806(g)(1) of this title)".
§803. Board organization
(a) Membership; composition; appointment criteria; derivation of appointment
(1) The Board shall consist of 25 members, as follows:
(A) Six members appointed by the majority leader of the Senate, 1 of whom shall be a recipient of the Congressional Award.
(B) Six members appointed by the minority leader of the Senate, 1 of whom shall be a local Congressional Award program volunteer.
(C) Six members appointed by the Speaker of the House of Representatives, 1 of whom shall be a local Congressional Award program volunteer.
(D) Six members appointed by the minority leader of the House of Representatives, 1 of whom shall be a recipient of the Congressional Award.
(E) The Director of the Board, who shall serve as a nonvoting member.
(2) In making appointments to the Board, the congressional leadership shall consider recommendations submitted by any interested party, including any member of the Board. One of the members appointed under each of subparagraphs (A) through (D) of paragraph (1) shall be a member of the Congress.
(3) Individuals appointed to the Board shall have an interest in one or more of the fields of concern of the Congressional Award Program.
(4) For the purpose of determining the derivation of the appointment of any person appointed to the Board under this section, if there is a change in the status of majority and minority between the parties of the House or the Senate, each person appointed under this section shall be deemed to have been appointed by the leadership position set out in subsection (a)(1) of 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 (2)) shall serve for a term of 4 years.
(2)(A) Subject to the limitations in subparagraph (B), members of the Board may be reappointed, except that no member may serve more than 2 full consecutive terms. Members may be reappointed to 2 full consecutive terms after being appointed to fill a vacancy on the Board.
(B) Members of the Board shall not be subject to the limitation on reappointment in subparagraph (A) during their period of service as Chairman of the Board and may be reappointed to an additional full term after termination of such Chairmanship.
(3)(A) Notwithstanding paragraph (1) or (2), the term of each member of the Board shall begin on October 1 of the even numbered year which would otherwise apply with one-half of the Board positions having terms which begin in each even numbered year.
(B) Subparagraph (A) shall apply to appointments made to the Board on or after July 7, 2010.
(c) Vacancies in membership
(1) Any vacancy in the Board shall be filled in the same manner in which the original appointment was made.
(2) Any appointed member of the Board may continue to serve after the expiration of his term until his successor has taken office.
(3) Vacancies in the membership of the Board shall not affect its power to function if there remain sufficient members to constitute a quorum under subsection (d) of this section.
(d) Notice; quorum
(1) A meeting of the Board may be convened only if—
(A) notice of the meeting was provided to each member in accordance with the bylaws; and
(B) not less than 11 members are present for the meeting at the time given in the notice.
(2) A majority of the members present when a meeting is convened shall constitute a quorum for the remainder of the meeting.
(e) Compensation for travel expenses of members
Members of the Board shall serve without pay but may be compensated for reasonable travel expenses incurred by them in the performance of their duties as members of the Board.
(f) Meetings
The Board shall meet at least twice a year at the call of the Chairman (with at least one meeting in the District of Columbia) and at such other times as the Chairman may determine to be appropriate. The Chairman shall call a meeting of the Board whenever one-third of the members of the Board submit written requests for such a meeting.
(g) Chairman and Vice Chairman
The Chairman and the Vice Chairman of the Board shall be elected from among the members of the Board by a majority vote of the Board for such terms as the Board determines. The Vice Chairman shall perform the duties of the Chairman in his absence.
(h) Appointment, functions, etc., of committees; membership
(1) The Board may appoint such committees, and assign to the committees such functions, as may be appropriate to assist the Board in carrying out its duties under this chapter. Members of such committees may include the members of the Board or such other qualified individuals as the Board may select.
(2) Any employee or officer of the Federal Government may serve as a member of a committee created by the Board, but may not receive compensation for services performed for such a committee.
(i) Bylaws and regulations; contents; transmittal to Congress
The Board shall establish such bylaws and other regulations as may be appropriate to enable the Board to carry out its functions under this chapter. Such bylaws and other regulations shall include provisions to prevent any conflict of interest, or the appearance of any conflict of interest, in the procurement and employment actions taken by the Board or by any officer or employee of the Board. Such bylaws shall include appropriate fiscal control, funds accountability, and operating principles to ensure compliance with the provisions of section 806 of this title. A copy of such bylaws shall be transmitted to each House of Congress not later than 90 days after November 25, 1985, and not later than 10 days after any subsequent amendment or revision of such bylaws.
(j) Removal from Board
Any member of the Board who fails to attend 4 consecutive Board meetings scheduled pursuant to the bylaws of the Board and for which proper notice has been given under such bylaws, or to send a designee of such member (approved in advance by the Board under provisions of its bylaws), is, by operation of this subsection, removed, for cause, from the Board as of the date of the last meeting from which they are absent. The Chairman of the Board shall take such steps as are necessary to inform members who have 3 absences of this subsection. The Chairman shall notify the House and the Senate, including the appropriate committees of each body, whenever there is a vacancy created by the operation of this subsection.
(Pub. L. 96–114, title I, §103, formerly §4, Nov. 16, 1979, 93 Stat. 852; Pub. L. 98–33, §1, May 25, 1983, 97 Stat. 194; Pub. L. 99–161, §§2, 4(d), (e), Nov. 25, 1985, 99 Stat. 934, 935; Pub. L. 100–674, §2(b), Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101–525, §§4–6, Nov. 6, 1990, 104 Stat. 2305, 2306; Pub. L. 106–63, §1(b), Oct. 1, 1999, 113 Stat. 510; renumbered title I, §103, and amended Pub. L. 106–533, §1(b)(1), (2), (5), Nov. 22, 2000, 114 Stat. 2553, 2554; Pub. L. 109–143, §1(c)(1), Dec. 22, 2005, 119 Stat. 2659; Pub. L. 111–200, §2(b), July 7, 2010, 124 Stat. 1368.)
Editorial Notes
Amendments
2010—Subsec. (b). Pub. L. 111–200 added subsec. (b) and struck out former subsec. (b) which related to terms of appointed members and reappointment of members.
2005—Subsec. (a)(1)(B), (C). Pub. L. 109–143, §1(c)(1)(A), substituted "a local" for "a a local".
Subsec. (b)(3)(B). Pub. L. 109–143, §1(c)(1)(B), substituted "subsection" for "section" in two places.
2000—Subsec. (i). Pub. L. 106–533, §1(b)(5), made technical amendment to reference in original act which appears in text as reference to section 806 of this title.
1999—Subsec. (a)(1)(A). Pub. L. 106–63, §1(b)(1), substituted "recipient of the Congressional Award" for "member of the Congressional Award Association".
Subsec. (a)(1)(B), (C). Pub. L. 106–63, §1(b)(2), substituted "a local Congressional Award program volunteer" for "representative of a local Congressional Award Council".
Subsec. (a)(1)(D). Pub. L. 106–63, §1(b)(1), substituted "recipient of the Congressional Award" for "member of the Congressional Award Association".
1990—Subsec. (a)(4). Pub. L. 101–525, §4, added par. (4).
Subsec. (b). Pub. L. 101–525, §5, designated existing provision as par. (1) and substituted "and (unless reappointed under paragraph (3)) shall serve for a term of 4 years" for "but (unless reappointed) shall not serve for more than four years", and added pars. (2) and (3).
Subsec. (j). Pub. L. 101–525, §6, added subsec. (j).
1988—Subsec. (a)(1). Pub. L. 100–674, §2(b)(1), in introductory provisions, substituted "25" for "thirty-three", in subpars. (A) to (D), substituted "Six members" for "Eight members", in subpars. (A) and (D), inserted ", 1 of whom shall be a member of the Congressional Award Association", and in subpars. (B) and (C), inserted ", 1 of whom shall be a representative of a local Congressional Award Council".
Subsec. (d). Pub. L. 100–674, §2(b)(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "A majority of the members of the Board shall constitute a quorum."
1985—Subsec. (a)(2). Pub. L. 99–161, §2(1), inserted "One of the members appointed under each of subparagraphs (A) through (D) of paragraph (1) shall be a member of the Congress."
Subsec. (b). Pub. L. 99–161, §2(2), amended subsec. (b) generally, substituting provisions for continuance of service of appointed members at pleasure of appointing officer, but unless reappointed, for not more than four years, for provisions limiting term of service to six years with exceptions for first appointed members and individuals appointed to Board after March 31, 1983, whose terms were limited.
Subsec. (c)(2) to (4). Pub. L. 99–161, §2(3), struck out par. (2) limiting term of service of any member appointed to fill out an unexpired term to remainder of that term and redesignated pars. (3) and (4) as (2) and (3), respectively.
Subsec. (f). Pub. L. 99–161, §4(d), substituted "meet at least twice a year at the call of the Chairman (with at least one meeting in the District of Columbia)" for "meet annually at the call of the Chairman".
Subsec. (i). Pub. L. 99–161, §4(e), inserted requirement that bylaws and other regulations include provisions preventing conflict of interest, and include appropriate fiscal control, funds accountability, etc., to comply with section 806 of this title, and inserted provisions requiring transmittal of a copy of such bylaws to each House of Congress within specified periods of time.
1983—Subsec. (a)(1). Pub. L. 98–33, §1(a)(1), (2), substituted "thirty-three" for "seventeen" in the matter preceding subpar. (A), and substituted "Eight" for "Four" in each of subpars. (A) through (D).
Subsec. (a)(2). Pub. L. 98–33, §1(a)(3), struck out "or the Committee for the Establishment and Promotion of the Congressional Award" after "member of the Board".
Subsec. (b). Pub. L. 98–33, §1(b), designated existing provisions as par. (1); in par. (1), as so designated, redesignated pars. (1) to (3) as subpars. (A) to (C), respectively, and substituted "Except as provided in paragraph (2), appointed" for "Appointed"; and added par. (2).
Statutory Notes and Related Subsidiaries
Transition Provisions
Pub. L. 100–674, §3, Nov. 17, 1988, 102 Stat. 3998, provided that: "Not later than 120 days after the date of the enactment of this Act [Nov. 17, 1988], the congressional leadership shall appoint members to fill vacancies on the Congressional Award Board in accordance with section 4(a) of the Congressional Award Act [2 U.S.C. 803(a)] (as amended by section 2(b)). In filling such vacancies, the congressional leadership shall first appoint members from the Congressional Award Association and local Congressional Award Councils in accordance with section 4(a) of the Congressional Award Act (as amended by section 2(b))."
Exceptional Terms for Certain Board Members
Pub. L. 98–33, §2, May 25, 1983, 97 Stat. 195, relating to exceptional terms for certain individuals appointed to the Congressional Award Board, was repealed by Pub. L. 99–161, §5, Nov. 25, 1985, 99 Stat. 936.
§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 policies and procedures for fiscal control and 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 in any fiscal year exceed the assets of the Board.
(2)(A) The independent public accountant conducting the annual audit of the financial records of the Board pursuant to section 807(a) of this title shall determine for each fiscal year whether the Director has substantially complied with paragraph (1). The findings made by the independent public accountant under the preceding sentence shall be included in the reports submitted under section 807(b) of this title.
(B) If the Director fails to substantially comply with paragraph (1), the Board shall instruct the Director to take such actions as may be necessary to correct such deficiencies, and shall remove and replace the Director if such deficiencies are not promptly corrected.
(Pub. L. 96–114, title I, §104, formerly §5, Nov. 16, 1979, 93 Stat. 853; Pub. L. 102–457, §2, Oct. 23, 1992, 106 Stat. 2265; Pub. L. 104–208, div. A, title V, §5401(a), Sept. 30, 1996, 110 Stat. 3009–511; Pub. L. 106–63, §1(c), Oct. 1, 1999, 113 Stat. 510; renumbered title I, §104, Pub. L. 106–533, §1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 109–143, §1(a), (c)(2), Dec. 22, 2005, 119 Stat. 2659; Pub. L. 111–200, §2(c), July 7, 2010, 124 Stat. 1369; Pub. L. 113–188, title IX, §902(c)(2), Nov. 26, 2014, 128 Stat. 2021.)
Editorial Notes
Amendments
2014—Subsec. (c)(1). Pub. L. 113–188, §902(c)(2)(A), inserted "policies and" before "procedures" and struck out "fund" before "accounting are established".
Subsec. (c)(2)(A). Pub. L. 113–188, §902(c)(2)(B), substituted "The independent public accountant conducting the annual audit of the financial records of the Board pursuant to section 807(a) of this title" for "The Comptroller General of the United States" and "the independent public accountant" for "the Comptroller General".
2010—Subsec. (c)(1). Pub. L. 111–200, §2(c)(1), which directed substitution of "in any fiscal year" for ", in any calendar year," in third sentence, was executed by making the substitution for ", for any calendar year," to reflect the probable intent of Congress.
Subsec. (c)(2). Pub. L. 111–200, §2(c)(2), added par. (2) and struck out former par. (2) which read as follows:
"(2)(A) The Comptroller General of the United States shall determine, for calendar years 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, and 2009, whether the Director has substantially complied with paragraph (1). The findings made by the Comptroller General under the preceding sentence shall be included in the first report submitted under section 807(b) of this title after December 31, 1994.
"(B) If the Director fails to substantially comply with paragraph (1), the Board shall take such actions as may be necessary to prepare, pursuant to section 808 of this title, for the orderly cessation of the activities of the Board."
2005—Subsec. (c)(2)(A). Pub. L. 109–143 inserted comma after "1993" and substituted "2004, 2005, 2006, 2007, 2008, and 2009" for "and 2004".
1999—Subsec. (c)(2)(A). Pub. L. 106–63 substituted "1998, 1999, 2000, 2001, 2002, 2003, and 2004" for "and 1998".
1996—Subsec. (c)(2)(A). Pub. L. 104–208 substituted "1994, 1995, 1996, 1997, and 1998" for "and 1994".
1992—Subsec. (c). Pub. L. 102–457 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Pub. L. 113–188, title IX, §902(c)(3), Nov. 26, 2014, 128 Stat. 2022, provided that: "The amendments made by this subsection [amending this section and section 807 of this title] shall take effect on October 1, 2014."
§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, §105, formerly §6, Nov. 16, 1979, 93 Stat. 853; renumbered title I, §105, Pub. L. 106–533, §1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553.)
§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—
(A) such resources as are available to the Board from sources other than the Federal Government; and
(B) funds awarded in any grant program administered by a Federal agency in accordance with the law establishing that grant program.
(2) the Board shall not take any actions which would disqualify the Board from treatment (for tax purposes) as an organization described in section 501(c)(3) of title 26.
(b) Mandatory functions
(1) The Board shall establish such functions and procedures as may be necessary to carry out the provisions of this chapter.
(2) The functions established by the Board under paragraph (1) shall include—
(A) communication with local Congressional Award Councils concerning the Congressional Award Program;
(B) provision, upon the request of any local Congressional Award Council, of such technical assistance as may be necessary to assist such council with its responsibilities, including the provision of medals, the preparation and provision of applications, guidance on disposition of applications, arrangements with respect to local award ceremonies, and other responsibilities of such council;
(C) conduct of outreach activities to establish new local Congressional Award Councils, particularly in inner-city areas and rural areas;
(D) in addition to those activities authorized under subparagraph (C), conduct of outreach activities to encourage, where appropriate, the establishment and development of Statewide Congressional Award Councils;
(E) fundraising;
(F) conduct of an annual Gold Medal Awards ceremony in the District of Columbia;
(G) consideration of implementation of the provisions of this chapter relating to scholarships; and
(H) carrying out of duties relating to management of the national office of the Congressional Award Program, including supervision of office personnel and of the office budget.
(c) Statewide Congressional Award Councils; establishment, purposes, duties, etc.
(1) In carrying out its functions with respect to Statewide Congressional Award Councils (hereinafter in this subsection referred to as Statewide Councils) under subsection (b), 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 under this section may receive contributions, and use such contributions for the purposes of the Program. The Board shall adopt appropriate financial management methods in order to ensure the proper accounting of these funds. Each Statewide Council shall comply with subsections (a), (d), (e), and (h) governing the Board.
(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 to be made.
(e) Obtaining and acceptance of non-Federal funds and resources; indirect resources
(1) Subject to the provisions of paragraph (2), the Board may seek and accept funds and other resources to carry out its activities. The Board may not accept any funds or other resources which are—
(A) donated with a restriction on their use unless such restriction merely provides that such funds or other resources be used in furtherance of the Congressional Award Program or a specific regional or local program or for scholarships; 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) Congressional Award Foundation
(1) The Board shall provide for the incorporation of a nonprofit corporation to be known as the Congressional Award Foundation (together with any subsidiary nonprofit corporations determined desirable by the Board, collectively referred to in this subchapter as the "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, including the employment of personnel, expenditure of funds, and the incurrence of financial or other contractual obligations.
(2) The articles of incorporation of the Congressional Award Foundation shall provide that—
(A) the members of the Board of Directors of the Foundation shall be the members of the Board, with up to 24 additional voting members appointed by the Board, and the Director who shall serve as a nonvoting member; and
(B) the extent of the authority of the Foundation 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, §106, formerly §7, Nov. 16, 1979, 93 Stat. 854; Pub. L. 99–161, §4(f), Nov. 25, 1985, 99 Stat. 935; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–674, §2(c), Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101–525, §7, Nov. 6, 1990, 104 Stat. 2306; renumbered title I, §106, Pub. L. 106–533, §1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 111–200, §2(d)–(g), July 7, 2010, 124 Stat. 1369.)
Editorial Notes
Amendments
2010—Subsec. (a)(1). Pub. L. 111–200, §2(d), added par. (1) and struck out former par. (1) which read as follows: "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".
Subsec. (c)(4). Pub. L. 111–200, §2(e), added par. (4) and struck out former par. (4) which read as follows: "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."
Subsec. (d). Pub. L. 111–200, §2(f)(1), inserted "to be" after "expenditure is".
Subsec. (e)(1)(A). Pub. L. 111–200, §2(f)(2), inserted "or for scholarships" after "local program".
Subsec. (i). Pub. L. 111–200, §2(g), added subsec. (i) and struck out former subsec. (i) which read as follows:
"(1) The Board shall provide for the establishment of a private nonprofit corporation for the sole purpose of assisting the Board to carry out the Congressional Award Program, and shall delegate to the corporation such duties as it considers appropriate.
"(2) The articles of incorporation of the corporation established under this subsection shall provide that—
"(A) the members of the Board of Directors of the corporation shall be the members of the Board, and the Director of the corporation shall be the Director of the Board; and
"(B) the extent of the authority of the corporation shall be the same as that of the Board.
"(3) No director, officer, or employee of any corporation established under this subsection may receive compensation, travel expenses, or benefits from both the corporation and the Board."
1990—Subsec. (a). Pub. L. 101–525, §7(a), which directed the insertion of "(a)" after the section designation, was not executed in view of existing subsec. (a) designation.
Subsec. (b)(2)(C). Pub. L. 101–525, §7(b)(1)(A), substituted "conduct" for "conducting" and struck out "State and" after "new".
Subsec. (b)(2)(D), (E). Pub. L. 101–525, §7(b)(1)(B), added subpar. (D) and redesignated former subpar. (D) as (E). Former subpar. (E) redesignated (F).
Subsec. (b)(2)(F). Pub. L. 101–525, §7(b)(1)(B), (C), redesignated subpar. (E) as (F) and substituted "conduct" for "conducting". Former subpar. (F) redesignated (G).
Subsec. (b)(2)(G), (H). Pub. L. 101–525, §7(b)(1)(B), redesignated subpars. (F) and (G) as (G) and (H), respectively.
Subsecs. (c), (d). Pub. L. 101–525, §7(b)(2), added subsec. (c). Former subsecs. (c) and (d) redesignated (d) and (e), respectively.
Subsec. (e). Pub. L. 101–525, §7(b)(2), (c), redesignated subsec. (d) as (e) and amended it generally. Prior to amendment, subsec. (e) read as follows: "The Board may seek and accept, from sources other than the Federal Government, funds and other resources to carry out its activities. The Board may not accept any funds or other resources which 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 Award Program; or
"(2) 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." Former subsec. (e) redesignated (f).
Subsecs. (f) to (i). Pub. L. 101–525, §7(b)(2), redesignated subsecs. (e) to (h) as (f) to (i), respectively.
1988—Pub. L. 100–674, §2(c)(1), substituted "Powers, functions, and limitations" for "Powers and limitations of Board" in section catchline.
Subsecs. (b) to (h). Pub. L. 100–674, §2(c)(2), added subsec. (b) and redesignated former subsecs. (b) to (g) as (c) to (h), respectively.
1986—Subsec. (a)(2). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text.
1985—Subsec. (c). Pub. L. 99–161 inserted at end "The Board may permit donors to use the name of the Board or the name 'Congressional Award Program' in advertising."
§807. Audits
(a) Contracts with independent public accountant
The Board shall enter into a contract with an independent public accountant to conduct an annual audit in accordance with generally accepted government auditing standards, of the financial records of the Board and of any corporation established under section 806(i) of this title, and shall ensure that the independent public accountant has access for the purpose of the audit to any books, documents, papers, and records of the Board or such corporation (or any agent of the Board or such corporation) which the independent public accountant reasonably determines to be pertinent to the Congressional Award Program.
(b) Annual report to Congress on audit results
Not later than May 15 of each calendar year, the Board shall submit to appropriate officers, committees, and subcommittees of Congress and to the Comptroller General of the United States a report on the results of the most recent audit conducted pursuant to this section, and shall include in the report information on any such additional areas as the independent public accountant who conducted the audit determines deserve or require evaluation.
(c) Review by the Comptroller General of annual audit
(1) The Comptroller General of the United States shall review each annual audit conducted under subsection (a).
(2) For purposes of a review under paragraph (1), the Comptroller General, or any duly authorized representative of the Comptroller General, shall have access to any books, documents, papers, and records of the Board or such corporation, or any agent of the Board or such corporation, including the independent external auditor designated under subsection (a), which, in the opinion of the Comptroller General, may be pertinent.
(3) Not later than 180 days after the date on which the Comptroller General receives a report under subsection (b), the Comptroller General shall submit to Congress a report containing the results of the review conducted under paragraph (1) with respect to the preceding year.
(Pub. L. 96–114, title I, §107, formerly §8, Nov. 16, 1979, 93 Stat. 855; Pub. L. 99–161, §4(g), Nov. 25, 1985, 99 Stat. 935; Pub. L. 100–674, §2(e), Nov. 17, 1988, 102 Stat. 3998; Pub. L. 101–525, §8, Nov. 6, 1990, 104 Stat. 2308; renumbered title I, §107, Pub. L. 106–533, §1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 113–188, title IX, §902(c)(1), Nov. 26, 2014, 128 Stat. 2021.)
Editorial Notes
Amendments
2014—Pub. L. 113–188 amended section generally. Prior to amendment, section related to annual audits and reports by the Comptroller General.
1990—Subsec. (a). Pub. L. 101–525, §8(1), substituted "section 806(i) of this title" for "section 806(h) of this title" and "annually" for "at least biennially".
Subsec. (b). Pub. L. 101–525, §8(2), added subsec. (b) and struck out former subsec. (b) which required audit to assess adequacy of fiscal control and funds accountability procedures and propriety of expenses.
Subsecs. (c), (d). Pub. L. 101–525, §8(2), struck out subsec. (c) which required the Comptroller General to include in report on first audit performed after Nov. 25, 1985, an evaluation of programs and activities under this chapter and specified contents of such evaluation, and subsec. (d) which directed that report on first audit performed after Nov. 25, 1985, was to be submitted on or before May 15, 1988.
1988—Subsec. (a). Pub. L. 100–674 substituted "section 806(h)" for "section 806(g)".
1985—Pub. L. 99–161, §4(g)(1), inserted "and evaluation" after "Audits" in section catchline.
Subsec. (a). Pub. L. 99–161, §4(g)(2)–(4), designated existing provisions as subsec. (a), substituted "shall be audited at least biennially" for "may be audited", and struck out "at such times as the Comptroller General may determine to be appropriate" after "referred to as the 'Comptroller General')".
Subsecs. (b) to (d). Pub. L. 99–161, §4(g)(5), added subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by Pub. L. 113–188 effective Oct. 1, 2014, see section 902(c)(3) of Pub. L. 113–188, set out as a note under section 804 of this title.
§808. Termination
The Board shall terminate October 1, 2023.
(Pub. L. 96–114, title I, §108, formerly §9, Nov. 16, 1979, 93 Stat. 855; Pub. L. 99–161, §3, Nov. 25, 1985, 99 Stat. 934; Pub. L. 100–674, §2(d), Nov. 17, 1988, 102 Stat. 3997; Pub. L. 101–525, §2(a), Nov. 6, 1990, 104 Stat. 2305; Pub. L. 102–457, §3, Oct. 23, 1992, 106 Stat. 2266; Pub. L. 104–208, div. A, title V, §5401(b), Sept. 30, 1996, 110 Stat. 3009–511; Pub. L. 106–63, §1(d), Oct. 1, 1999, 113 Stat. 510; renumbered title I, §108, Pub. L. 106–533, §1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 109–143, §1(b)(1), Dec. 22, 2005, 119 Stat. 2659; Pub. L. 111–200, §2(h)(1), July 7, 2010, 124 Stat. 1370; Pub. L. 113–43, §2, Oct. 4, 2013, 127 Stat. 554; Pub. L. 115–268, §2(a), Oct. 11, 2018, 132 Stat. 3762.)
Editorial Notes
Amendments
2018—Pub. L. 115–268 substituted "October 1, 2023" for "October 1, 2018".
2013—Pub. L. 113–43 substituted "October 1, 2018" for "October 1, 2013".
2010—Pub. L. 111–200 substituted "October 1, 2013" for "October 1, 2009".
2005—Pub. L. 109–143 substituted "October 1, 2009" for "October 1, 2004".
1999—Pub. L. 106–63 substituted "October 1, 2004" for "October 1, 1999".
1996—Pub. L. 104–208 substituted "1999" for "1995".
1992—Pub. L. 102–457 substituted "1995" for "1992".
1990—Pub. L. 101–525 amended section generally, substituting present provision for provisions which had: in subsec. (a) directed that the Board terminate on Nov. 15, 1989; in subsec. (b) provided for alternative termination dates; in subsec. (c) required reports to Congress; in subsecs. (d) and (e) required certification of compliance and verification of information, respectively; and in subsec. (f) mandated dissolution of corporations established by the Board prior to its termination.
1988—Pub. L. 100–674 amended section generally. Prior to amendment, section read as follows: "The Board shall terminate on November 16, 1988. Upon termination of the Board, the Board shall take such actions as may be required to provide for the dissolution of any corporation established by the Board under section 806(g) of this title. The Board shall set forth, in its bylaws, the procedures for dissolution to be followed by the Board."
1985—Pub. L. 99–161 substituted "on November 16, 1988" for "six years after November 16, 1979".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–268, §2(b), Oct. 11, 2018, 132 Stat. 3762, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2018."
Effective Date of 2013 Amendment
Pub. L. 113–43, §3, Oct. 4, 2013, 127 Stat. 554, provided that: "This Act [amending this section and enacting provisions set out as a note under section 801 of this title] shall take effect as of October 1, 2013."
Effective Date of 2010 Amendment
Pub. L. 111–200, §2(h)(2), July 7, 2010, 124 Stat. 1370, provided that: "This subsection [amending this section] shall take effect as of October 1, 2009."
Savings Provision
Pub. L. 109–143, §1(b)(2), Dec. 22, 2005, 119 Stat. 2659, provided that: "During the period of October 1, 2004, through the date of the enactment of this section [Dec. 22, 2005], all actions and functions of the Congressional Award Board under the Congressional Award Act (2 U.S.C. 801 et seq.) shall have the same effect as though no lapse or termination of the Board ever occurred."
Pub. L. 104–208, div. A, title V, §5401(c), Sept. 30, 1996, 110 Stat. 3009–511, provided that: "During the period of October 1, 1995, through the date of the enactment of this section [Sept. 30, 1996], all actions and functions of the Congressional Award Board under the Congressional Award Act [2 U.S.C. 801 et seq.] shall have the same effect as though no lapse or termination of the Congressional Award Board ever occurred."
Pub. L. 101–525, §2(b), Nov. 6, 1990, 104 Stat. 2305, provided that: "During the period of October 1, 1990, through the date of the enactment of this section [Nov. 6, 1990], all actions and functions of the Congressional Award Board under the Congressional Award Act (2 U.S.C. 801 et seq.) shall have the same effect as though no lapse or termination of the Board ever occurred."
SUBCHAPTER II—CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS EDUCATION
§§811 to 817c. Omitted
Editorial Notes
Codification
Sections were omitted pursuant to section 817b of this title which provided that the Congressional Recognition for Excellence in Arts Education Awards Board terminated 6 years after November 22, 2000.
Section 811, Pub. L. 96–114, title II, §202, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2545, related to findings of Congress.
Section 812, Pub. L. 96–114, title II, §203, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2546; amended Pub. L. 114–95, title IX, §9215(u), Dec. 10, 2015, 129 Stat. 2171, related to definitions of terms in subchapter.
Section 813, Pub. L. 96–114, title II, §204, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2546, related to the establishment of the Board.
Section 814, Pub. L. 96–114, title II, §205, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2546, related to the duties of the Board.
Section 815, Pub. L. 96–114, title II, §206, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2549, related to the composition of the Board and the establishment of an Advisory Board.
Section 816, Pub. L. 96–114, title II, §207, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2551, related to the administration of the Congressional Recognition for Excellence in Arts Awards Program.
Section 817, Pub. L. 96–114, title II, §208, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2551, related to limitations on Board's authority.
Section 817a, Pub. L. 96–114, title II, §209, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2552, related to audits.
Section 817b, Pub. L. 96–114, title II, §210, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2552, terminated the Board 6 years after Nov. 22, 2000.
Section 817c, Pub. L. 96–114, title II, §211, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2552, related to the Congressional Recognition for Excellence in Arts Education Awards Trust Fund.
CHAPTER 19A—JOHN HEINZ COMPETITIVE EXCELLENCE AWARD
§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) for an award in such category in that year.
(c) Qualification criteria for award
(1) Selection panel
A selection panel shall be established, comprised of a total of 8 persons, including—
(A) 2 persons appointed by the Majority Leader of the Senate;
(B) 2 persons appointed by the Minority Leader of the Senate;
(C) 2 persons appointed by the Speaker of the House of Representatives; and
(D) 2 persons appointed by the Minority Leader of the House of Representatives.
(2) Qualification
An individual, organization, institution, or business may qualify for an award under this section only if such individual, organization, institution, or business—
(A) is nominated to the Majority or Minority Leader of the Senate or to the Speaker or the Minority Leader of the House of Representatives by a member of the Senate or the House of Representatives;
(B) permits a rigorous evaluation by the Office of Technology Assessment of the way in which such individual, organization, institution, or business has demonstrated excellence in promoting United States industrial competitiveness; and
(C) meets such other requirements as the selection panel determines to be appropriate to achieve the objectives of this section.
(3) Evaluation
An evaluation of each nominee shall be conducted by the Office of Technology Assessment. The Office of Technology Assessment shall work with the selection panel to establish appropriate procedures for evaluating nominees.
(4) Panel review
The selection panel shall review the Office of Technology Assessment's evaluation of each nominee and may, based on those evaluations, recommend 1 award winner for each year for each category described in subsection (b)(1) 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).
(2) Summary of competitiveness strategy
The Office of Technology Assessment shall also make available to all nominees and the public a summary of each award winner's competitiveness strategy. Proprietary information shall not be included in any such summary without the consent of the award winner.
(f) Reimbursement of costs
The Majority and Minority Leaders of the Senate and the Speaker and the Minority Leader of the House of Representatives are authorized to seek and accept gifts from public and private sources to defray the cost of implementing this section.
(Pub. L. 102–429, title III, §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
SUBCHAPTER II—OPERATION AND REVIEW
SUBCHAPTER I—ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT
§900. Statement of budget enforcement through sequestration; definitions
(a) Omitted
(b) General statement of budget enforcement through sequestration
This subchapter provides for budget enforcement as called for in House Concurrent Resolution 84 (105th Congress, 1st session).
(c) Definitions
As used in this subchapter:
(1) The terms "budget authority", "new budget authority", "outlays", and "deficit" have the meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control Act of 1974 [2 U.S.C. 622] and "discretionary spending limit" shall mean the amounts specified in section 901 of this title.
(2) The terms "sequester" and "sequestration" refer to or mean the cancellation of budgetary resources provided by discretionary appropriations or direct spending law.
(3) The term "breach" means, for any fiscal year, the amount (if any) by which new budget authority or outlays for that year (within a category of discretionary appropriations) is above that category's discretionary spending limit for new budget authority or outlays for that year, as the case may be.
(4)(A) The term "nonsecurity category" means all discretionary appropriations not included in the security category defined in subparagraph (B).
(B) The term "security category" includes discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs).
(C) The term "discretionary category" includes all discretionary appropriations.
(D) The term "revised security category" means discretionary appropriations in budget function 050.
(E) The term "revised nonsecurity category" means discretionary appropriations other than in budget function 050.
(F) The term "category" means the subsets of discretionary appropriations in section 901(c) of this title. 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 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.
(5) The term "baseline" means the projection (described in section 907 of this title) of current-year levels of new budget authority, outlays, receipts, and the surplus or deficit into the budget year and the outyears.
(6) The term "budgetary resources" means new budget authority, unobligated balances, direct spending authority, and obligation limitations.
(7) The term "discretionary appropriations" means budgetary resources (except to fund direct-spending programs) provided in appropriation Acts.
(8) The term "direct spending" means—
(A) budget authority provided by law other than appropriation Acts;
(B) entitlement authority; and
(C) the Supplemental Nutrition Assistance Program.
(9) The term "current" means, with respect to OMB estimates included with a budget submission under section 1105(a) of title 31, the estimates consistent with the economic and technical assumptions underlying that budget and with respect to estimates made after that budget submission that are not included with it, estimates consistent with the economic and technical assumptions underlying the most recently submitted President's budget.
(10) The term "real economic growth", with respect to any fiscal year, means the growth in the gross national product during such fiscal year, adjusted for inflation, consistent with Department of Commerce definitions.
(11) The term "account" means an item for which appropriations are made in any appropriation Act and, for items not provided for in appropriation Acts, such term means an item for which there is a designated budget account identification code number in the President's budget.
(12) The term "budget year" means, with respect to a session of Congress, the fiscal year of the Government that starts on October 1 of the calendar year in which that session begins.
(13) The term "current year" means, with respect to a budget year, the fiscal year that immediately precedes that budget year.
(14) The term "outyear" means a fiscal year one or more years after the budget year.
(15) The term "OMB" means the Director of the Office of Management and Budget.
(16) The term "CBO" means the Director of the Congressional Budget Office.
(17) As used in this subchapter, all references to entitlement authority shall include the list of mandatory appropriations included in the joint explanatory statement of managers accompanying the conference report on the Balanced Budget Act of 1997.
(18) The term "deposit insurance" refers to the expenses of the Federal deposit insurance agencies, and other Federal agencies supervising insured depository institutions, resulting from full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates.
(19) The term "asset sale" means the sale to the public of any asset (except for those assets covered by title V of the Congressional Budget Act of 1974 [2 U.S.C. 661 et seq.]), whether physical or financial, owned in whole or in part by the United States.
(20) The term "emergency" means a situation that—
(A) requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and
(B) is unanticipated.
(21) The term "unanticipated" means that the underlying situation is—
(A) sudden, which means quickly coming into being or not building up over time;
(B) urgent, which means a pressing and compelling need requiring immediate action;
(C) unforeseen, which means not predicted or anticipated as an emerging need; and
(D) temporary, which means not of a permanent duration.
(Pub. L. 99–177, title II, §250, as added Pub. L. 101–508, title XIII, §13101(a), Nov. 5, 1990, 104 Stat. 1388–574, and Pub. L. 99–177, title II, §250(c)(21), formerly §257(12), as added Pub. L. 100–119, title I, §102(b)(7), Sept. 29, 1987, 101 Stat. 774, renumbered §250(c)(21), Pub. L. 101–508, title XIII, §13101(b), Nov. 5, 1990, 104 Stat. 1388–589; amended Pub. L. 105–33, title X, §§10202, 10204(a)(2), 10208(a)(2), Aug. 5, 1997, 111 Stat. 697, 702, 708; Pub. L. 105–178, title VIII, §8101(c), (f), June 9, 1998, 112 Stat. 489; Pub. L. 105–206, title IX, §9013(b), July 22, 1998, 112 Stat. 865; Pub. L. 106–291, title VIII, §801(c), Oct. 11, 2000, 114 Stat. 1028; Pub. L. 108–88, §10(c), Sept. 30, 2003, 117 Stat. 1127; Pub. L. 108–310, §10(c), Sept. 30, 2004, 118 Stat. 1160; Pub. L. 109–59, title VIII, §8001(b), Aug. 10, 2005, 119 Stat. 1915; Pub. L. 111–139, title I, §9(a), Feb. 12, 2010, 124 Stat. 21; Pub. L. 112–25, title I, §102, Aug. 2, 2011, 125 Stat. 245; Pub. L. 113–67, div. A, title I, §101(d)(1), Dec. 26, 2013, 127 Stat. 1168.)
Editorial Notes
References in Text
House Concurrent Resolution 84, referred to in subsec. (b), is H. Con. Res. 84, June 5, 1997, 111 Stat. 2710, which is not classified to the Code.
The Balanced Budget Act of 1997, referred to in subsec. (c)(4)(F), (17), is Pub. L. 105–33, Aug. 5, 1997, 111 Stat. 251. For complete classification of this Act to the Code, see Tables.
The Congressional Budget Act of 1974, referred to in subsec. (c)(19), is titles I through IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Title V of the Act, known as the Federal Credit Reform Act of 1990, was added by Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–609, and is classified generally to subchapter III (§661 et seq.) of chapter 17A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
Codification
Subsection (a) of this section, which provided a partial table of contents for this subchapter, was omitted from the Code.
Pub. L. 101–508, §13101(b), transferred section 257(12) of Pub. L. 99–177, which was classified to section 907(12) of this title, to subsec. (c)(21) (now (c)(19)) of this section.
Amendments
2013—Subsec. (c)(4)(D) to (F). Pub. L. 113–67 added subpars. (D) to (F).
2011—Subsec. (c)(4). Pub. L. 112–25, §102(1), added par. (4) and struck out former par. (4) which defined the terms "category", "highway category", "mass transit category", "conservation spending category", "Federal and State Land and Water Conservation Fund sub-category", "State and Other Conservation sub-category", "Urban and Historic Preservation sub-category", "Payments in Lieu of Taxes sub-category", "Federal Deferred Maintenance sub-category", and "Coastal Assistance sub-category" and provided a special rule for outlays in excess of the discretionary spending limit for the highway or mass transit category.
Subsec. (c)(8)(C). Pub. L. 112–25, §102(2), substituted "the Supplemental Nutrition Assistance Program" for "the food stamp program".
Subsec. (c)(14). Pub. L. 112–25, §102(3), added par. (14) and struck out former par. (14) which read as follows: "The term 'outyear' means, with respect to a budget year, any of the first 4 fiscal years that follow the budget year."
Subsec. (c)(20), (21). Pub. L. 112–25, §102(4), added pars. (20) and (21).
2010—Subsec. (c)(18). Pub. L. 111–139 substituted "the expenses of the Federal deposit insurance agencies" for "the expenses the Federal deposit insurance agencies".
2005—Subsec. (c)(4)(B). Pub. L. 109–59, §8001(b)(1)(A), substituted "the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users:" for "the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2004, Part V and the Surface Transportation Extension Act of 2003:" in introductory provisions.
Subsec. (c)(4)(B)(v) to (vii). Pub. L. 109–59, §8001(b)(1)(B), added cls. (v) to (vii).
Subsec. (c)(4)(C). Pub. L. 109–59, §8001(b)(2), added heading and text of subpar. (C) and struck out former subpar. (C) which provided that the term "mass transit category" referred to the budget accounts as listed in cls. (i) to (vi) that were subject to the obligation limitations on contract authority provided in the Transportation Equity Act for the 21st Century, the Surface Transportation Extension Act of 2004, Part V, and the Surface Transportation Extension Act of 2003, or for which appropriations were provided pursuant to authorizations contained in those Acts, with certain exceptions, and that such term also referred to the Washington Metropolitan Transit Authority account (69–1128–0–1–401) only for fiscal year 1999 only for appropriations provided pursuant to authorizations contained in section 14 of Public Law 96–184 and Public Law 101–551.
2004—Subsec. (c)(4)(B). Pub. L. 108–310, §10(c)(1), inserted "and the Surface Transportation Extension Act of 2004, Part V" after "Century".
Subsec. (c)(4)(C). Pub. L. 108–310, §10(c)(2)(A), inserted "and the Surface Transportation Extension Act of 2004, Part V" after "provided in the Transportation Equity Act for the 21st Century".
Pub. L. 108–310, §10(c)(2)(B), which directed the substitution of "those Acts" for "that Act", could not be executed because the words "that Act" did not appear subsequent to amendment by Pub. L. 108–88. See 2003 Amendment note below.
2003—Subsec. (c)(4)(B). Pub. L. 108–88, §10(c)(1), inserted "and the Surface Transportation Extension Act of 2003" after "Century".
Subsec. (c)(4)(C). Pub. L. 108–88, §10(c)(2), inserted "and the Surface Transportation Extension Act of 2003" after "Century" the first place it appears and substituted "those Acts" for "that Act".
2000—Subsec. (c)(4)(E) to (K). Pub. L. 106–291 added subpars. (E) to (K).
1998—Subsec. (c)(4). Pub. L. 105–178, §8101(c), designated existing provisions as subpar. (A) and added subpars. (B) to (D).
Subsec. (c)(4)(C). Pub. L. 105–178, §8101(f), as added by Pub. L. 105–206, §9013(b), in introductory provisions, substituted "Century or" for "Century and" and "as amended by the Transportation Equity Act for the 21st Century" for "as amended by this section", and inserted concluding provisions.
1997—Subsec. (a). Pub. L. 105–33, §§10204(a)(2), 10208(a)(2), amended table of contents. See Codification note above.
Subsec. (b). Pub. L. 105–33, §10202(a), substituted present text for former text which read as follows: "This subchapter provides for the enforcement of the deficit reduction assumed in House Concurrent Resolution 310 (101st Congress, second session) and the applicable deficit targets for fiscal years 1991 through 1995. Enforcement, as necessary, is to be implemented through sequestration—
"(1) to enforce discretionary spending levels assumed in that resolution (with adjustments as provided hereinafter);
"(2) to enforce the requirement that any legislation increasing direct spending or decreasing revenues be on a pay-as-you-go basis; and
"(3) to enforce the deficit targets specifically set forth in the Congressional Budget and Impoundment Control Act of 1974 (with adjustments as provided hereinafter);
applied in the order set forth above."
Subsec. (c)(1). Pub. L. 105–33, §10202(b)(1), struck out "(but including the treatment specified in section 907(b)(3) of this title of the Hospital Insurance Trust Fund) and the terms 'maximum deficit amount' " before "and 'discretionary" and substituted "section 901" for "section 601 of that Act as adjusted under sections 901 and 903".
Subsec. (c)(4). Pub. L. 105–33, §10202(b)(2), added par. (4) and struck out former par. (4) which read as follows: "The term 'category' means:
"(A) For fiscal years 1991, 1992, and 1993, any of the following subsets of discretionary appropriations: defense, international, or domestic. Discretionary appropriations in each of the three categories shall be those so designated in the joint statement of managers accompanying the conference report on the Omnibus Budget Reconciliation Act of 1990. New accounts or activities shall be categorized in consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate.
"(B) For fiscal years 1994 and 1995, all discretionary appropriations.
Contributions to the United States to offset the cost of Operation Desert Shield shall not be counted within any category."
Subsec. (c)(6). Pub. L. 105–33, §10202(b)(3), added par. (6) and struck out former par. (6) which read as follows: "The term 'budgetary resources' means—
"(A) with respect to budget year 1991, new budget authority; unobligated balances; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; direct spending authority; and obligation limitations; or
"(B) with respect to budget year 1992, 1993, 1994, or 1995, new budget authority; unobligated balances; direct spending authority; and obligation limitations."
Subsec. (c)(9). Pub. L. 105–33, §10202(b)(4), substituted "that budget submission that are not included with it" for "submission of the fiscal year 1992 budget that are not included with a budget submission".
Subsec. (c)(14). Pub. L. 105–33, §10202(b)(5), inserted "first 4" before "fiscal years" and struck out "through fiscal year 1995" after "the budget year".
Subsec. (c)(17). Pub. L. 105–33, §10202(b)(6), (7), redesignated par. (18) as (17), substituted "Balanced Budget Act of 1997" for "Omnibus Budget Reconciliation Act of 1990", and struck out former par. (17) which read as follows: "For purposes of sections 902 and 903 of this title, legislation enacted during the second session of the One Hundred First Congress shall be deemed to have been enacted before November 5, 1990."
Subsec. (c)(18). Pub. L. 105–33, §10202(b)(6), (8), redesignated par. (19) as (18) and substituted "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." for "of the Federal Deposit Insurance Corporation and the funds it incorporates, the Resolution Trust Corporation, the National Credit Union Administration and the funds it incorporates, the Office of Thrift Supervision, the Comptroller of the Currency Assessment Fund, and the RTC Office of Inspector General." Former par. (18) redesignated (17).
Subsec. (c)(19). Pub. L. 105–33, §10202(b)(9), added par. (19) and struck out former par. (19) which read as follows: "The sale of an asset means the sale to the public of any asset, whether physical or financial, owned in whole or in part by the United States. The term 'prepayment of a loan' means payments to the United States made in advance of the schedules set by law or contract when the financial asset is first acquired, such as the prepayment to the Federal Financing Bank of loans guaranteed by the Rural Electrification Administration. If a law or contract allows a flexible payment schedule, the term 'in advance' shall mean in advance of the slowest payment schedule allowed under such law or contract."
Pub. L. 105–33, §10202(b)(6), redesignated par. (21) as (19). Former par. (19) redesignated (18).
Subsec. (c)(20). Pub. L. 105–33, §10202(b)(6), struck out par. (20) which read as follows: "The term 'composite outlay rate' means the percent of new budget authority that is converted to outlays in the fiscal year for which the budget authority is provided and subsequent fiscal years, as follows:
"(A) For the international category, 46 percent for the first year, 20 percent for the second year, 16 percent for the third year, and 8 percent for the fourth year.
"(B) For the domestic category, 53 percent for the first year, 31 percent for the second year, 12 percent for the third year, and 2 percent for the fourth year."
Subsec. (c)(21). Pub. L. 105–33, §10202(b)(6), redesignated par. (21) as (19).
1990—Subsec. (c)(21). Pub. L. 101–508, §13101(b), redesignated section 907(12) of this title as par. (21).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Effective and Termination Dates
Pub. L. 103–66, title XIV, §14002(c)(3)(A), Aug. 10, 1993, 107 Stat. 684, which provided that, notwithstanding section 275(b) of Pub. L. 99–177, formerly set out below, sections 900, 901, 902, and 904 to 908 of this title were to expire on Sept. 30, 1998, was repealed by Pub. L. 105–33, title X, §10212(b), Aug. 5, 1997, 111 Stat. 712.
Pub. L. 99–177, title II, §275, Dec. 12, 1985, 99 Stat. 1100, as amended by Pub. L. 100–119, title I, §106(c), title II, §210(b), Sept. 29, 1987, 101 Stat. 780, 787; Pub. L. 101–508, title XIII, §§13112(b), 13208(b), Nov. 5, 1990, 104 Stat. 1388–608, 1388-619; Pub. L. 105–33, title X, §10212(a), Aug. 5, 1997, 111 Stat. 712, which provided that, except as otherwise provided in section 275, amendments by title II of Pub. L. 99–177 were effective Dec. 12, 1985, and applicable to fiscal years beginning after Sept. 30, 1985; that amendment by section 201(a)(2) of Pub. L. 99–177 (amending section 622(2) of this title), and amendment by section 201(b) of Pub. L. 99–177 (insofar as it relates to section 633(c), (f), and (g) of this title and to section 641(c), (d), and (g) of this title), were effective Apr. 15, 1986; that amendment by section 212 of Pub. L. 99–177 (amending section 652 of this title) was effective Feb. 1, 1986; that sections 251, 253, 258B, and 271(b) of Pub. L. 99–177 (sections 901, 903, and 907c of this title and provisions set out as a note below), and sections 1105(f) and 1106(c) of title 31, United States Code, were to expire Sept. 30, 2002; that the remaining sections of part C of title II of Pub. L. 99–177 (enacting this subchapter) were to expire Sept. 30, 2006; and that amendments by part D of title II of Pub. L. 99–177 (amending section 911 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 911 of Title 42) were applicable as provided in that part, was repealed by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
Short Title of 2023 Amendment
Pub. L. 118–5, §1, June 3, 2023, 137 Stat. 10, provided that: "This Act [enacting sections 4336 to 4336e of Title 42, the Public Health and Welfare, amending sections 901 and 904 of this title, section 801 of Title 5, Government Organization and Employees, sections 2011 and 2015 of Title 7, Agriculture, and sections 607, 611, 4332, and 4370m of Title 42, and enacting provisions set out as notes under section 551 of Title 5, section 2015 of Title 7, section 3101 of Title 31, Money and Finance, and section 607 of Title 42] may be cited as the 'Fiscal Responsibility Act of 2023'."
Short Title of 2021 Amendment
Pub. L. 117–71, §1, Dec. 10, 2021, 135 Stat. 1506, provided that: "This Act [amending section 901a of this title and sections 1395m–1, 1395w–4, and 1395iii of Title 42, The Public Health and Welfare, and enacting and amending provisions set out as notes under section 901a of this title] may be cited as the 'Protecting Medicare and American Farmers from Sequester Cuts Act'."
Short Title of 2019 Amendment
Pub. L. 116–37, §1, Aug. 2, 2019, 133 Stat. 1049, provided that: "This Act [amending sections 901 and 901a of this title and section 58c of Title 19, Customs Duties, enacting provisions set out as a note under section 3101 of Title 31, Money and Finance, and amending provisions set out as a note under section 3805 of Title 19] may be cited as the 'Bipartisan Budget Act of 2019'."
Short Title of 2013 Amendment
Pub. L. 113–67, div. A, §1(a), Dec. 26, 2013, 127 Stat. 1165, provided that: "This division [see Tables for classification] may be cited as the 'Bipartisan Budget Act of 2013'."
Short Title of 2011 Amendment
Pub. L. 112–25, §1(a), Aug. 2, 2011, 125 Stat. 240, provided that: "This Act [enacting section 901a of this title and section 3101A of Title 31, Money and Finance, amending this section and sections 622, 645, 901, and 904 of this title, sections 1070a and 1087e of Title 20, Education, and section 3101 of Title 31, enacting provisions set out as notes under this section and sections 631 and 902 of this title and section 1089 of Title 20, amending provisions set out as a note under section 621 of this title, and repealing provisions set out as a note under this section] may be cited as the 'Budget Control Act of 2011'."
Short Title of 1997 Amendment
Pub. L. 105–33, title X, §10001(a), Aug. 5, 1997, 111 Stat. 677, provided that: "This title [enacting sections 645 and 645a of this title, amending this section, sections 601, 602, 622, 631 to 636, 639, 641 to 644, 651, 654, 661a, 661c to 661e, 691a, 691c, 691e, 901, 902, 904 to 907, and 922 of this title, section 1105 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealing sections 652, 665 to 665e, 901a, and 908 of this title and section 14212 of Title 42, enacting provisions set out as notes under this section and section 902 of this title, amending provisions set out as notes under this section and section 621 of this title, and repealing provisions set out as notes under this section and sections 621, 631, and 665 of this title] may be cited as the 'Budget Enforcement Act of 1997'."
Short Title of 1990 Amendment
Pub. L. 101–508, title XIII, §13001(a), Nov. 5, 1990, 104 Stat. 1388–573, provided that: "This title [enacting this section and sections 643, 661 to 661f, 665 to 665e, and 907a to 907d of this title, amending sections 601, 602, 622, 631 to 637, 639, 641, 642, 644, 651, 652, and 901 to 907 of this title, section 1022 of Title 15, Commerce and Trade, sections 1105, 1341, and 1342 of Title 31, Money and Finance, and section 401 of Title 42, The Public Health and Welfare, transferring section 921 of this title to section 601(g) of this title, repealing section 909 of this title, enacting provisions set out as notes under this section and sections 621, 622, 632, 633, 665, and 902 of this title, and amending provisions set out as notes under this section and sections 621 and 632 of this title] may be cited as the 'Budget Enforcement Act of 1990'."
Short Title of 1987 Amendment
Pub. L. 100–119, title I, §101(b), Sept. 29, 1987, 101 Stat. 754, provided that: "This title [enacting section 908 of this title, amending sections 622, 632, 642, 901 to 907, and 922 of this title and section 1105 of Title 31, Money and Finance, enacting provisions set out as notes under section 1395ww of Title 42, The Public Health and Welfare, and amending provisions set out as notes under section 901 of this title and sections 1320b–8 and 1395ww of Title 42] may be cited as the 'Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987'."
Short Title
Pub. L. 99–177, title II, §200(a), Dec. 12, 1985, 99 Stat. 1038, provided that: "This title [enacting this chapter and sections 654 to 656 of this title, amending sections 602, 622, 631 to 642, and 651 to 653 of this title, sections 1104 to 1106 and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealing section 661 of this title, enacting provisions set out as notes under this section and section 911 of Title 42, and amending provisions set out as a note under section 621 of this title] may be cited as the 'Balanced Budget and Emergency Deficit Control Act of 1985'."
Severability
Pub. L. 112–25, §2, Aug. 2, 2011, 125 Stat. 240, provided that: "If any provision of this Act [see Short Title of 2011 Amendment note above], or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of this Act to any other person or circumstance shall not be affected."
Joint Select Committee on Deficit Reduction
Pub. L. 112–25, title IV, Aug. 2, 2011, 125 Stat. 259, provided that:
"SEC. 401. ESTABLISHMENT OF JOINT SELECT COMMITTEE.
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(3)
"(A)
"(i)
"(ii)
"(B)
"(i)
"(I) a report that contains a detailed statement of the findings, conclusions, and recommendations of the joint committee and the estimate of the Congressional Budget Office required by paragraph (5)(D)(ii); and
"(II) proposed legislative language to carry out such recommendations as described in subclause (I), which shall include a statement of the deficit reduction achieved by the legislation over the period of fiscal years 2012 to 2021.
Any change to the Rules of the House of Representatives or the Standing Rules of the Senate included in the report or legislative language shall be considered to be merely advisory.
"(ii)
"(iii)
"(iv)
"(v)
"(4)
"(A)
"(B)
"(i) The majority leader of the Senate shall appoint three members from among Members of the Senate.
"(ii) The minority leader of the Senate shall appoint three members from among Members of the Senate.
"(iii) The Speaker of the House of Representatives shall appoint three members from among Members of the House of Representatives.
"(iv) The minority leader of the House of Representatives shall appoint three members from among Members of the House of Representatives.
"(C)
"(i)
"(ii)
"(D)
"(E)
"(5)
"(A)
"(B)
"(C)
"(D)
"(i)
"(ii)
"(E)
"(i)
"(ii)
"(F)
"(i)
"(ii)
"(I)
"(II)
"(G)
"(c)
"(1)
"(2)
"(d)
"SEC. 402. EXPEDITED CONSIDERATION OF JOINT COMMITTEE RECOMMENDATIONS.
"(a)
"(b)
"(1)
"(2)
"(3)
"(4)
"(c)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(d)
"(e)
"(1)
"(A) the joint committee bill of the other House shall not be referred to a committee; and
"(B) the procedure in the receiving House shall be the same as if no joint committee bill had been received from the other House until the vote on passage, when the joint committee bill received from the other House shall supplant the joint committee bill of the receiving House.
"(2)
"(f)
"(1)
"(2)
"(3)
"(g)
"(1) the joint committee fails to vote on the report or proposed legislative language required under section 401(b)(3)(B)(i) not later than November 23, 2011; or
"(2) the joint committee bill does not pass both Houses not later than December 23, 2011.
"SEC. 403. FUNDING.
"Funding for the joint committee shall be derived in equal portions from—
"(1) the applicable accounts of the House of Representatives; and
"(2) the contingent fund of the Senate from the appropriations account 'Miscellaneous Items', subject to the rules and regulations of the Senate.
"SEC. 404. RULEMAKING.
"The provisions of this title are enacted by Congress—
"(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
"(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House."
Habitat Conservation Activities Considered Within Coastal Assistance Sub-Category
Pub. L. 108–7, div. B, title II, §214, Feb. 20, 2003, 117 Stat. 82, provided that:
"(a) Hereafter, habitat conservation activities, enforcement and surveillance—cooperative enforcement and vessel monitoring, stock assessments—data collection, and highly migratory shark fishery research under the heading, 'National Oceanic and Atmospheric Administration, Operations, Research and Facilities', shall be considered to be within the 'Coastal Assistance sub-category' in [former] section 250(c)(4)(K) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended [former 2 U.S.C. 900(c)(4)(K)].
"(b) For fiscal year 2004 and thereafter, response and restoration activities, Cooperative Research, Protected Species activities, Endangered Species Act—Marine Mammals, Sea Turtles and Other Species, Endangered Species Act—Right Whales, Marine Mammal Protection, and Sea Grant (except for the fellowship program) under the heading, 'National Oceanic and Atmospheric Administration, Operations, Research, and Facilities', shall be considered to be within the 'Coastal Assistance sub-category' in [former] section 250(c)(4)(K) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended [former 2 U.S.C. 900(c)(4)(K)].
"(c) All references to outlays in title VIII of Public Law 106–291 [amending this section and section 901 of this title] are repealed."
Similar provisions were contained in the following prior appropriation act:
Pub. L. 107–77, title II, Nov. 28, 2001, 115 Stat. 775.
Purpose of Subtitle B of Title X of Pub. L. 105–33
Pub. L. 105–33, title X, §10201, Aug. 5, 1997, 111 Stat. 697, provided that: "The purpose of this subtitle [subtitle B (§§10201–10213) of title X of Pub. L. 105–33, amending this section, sections 901, 902, 904 to 907, and 922 of this title, section 1105 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealing sections 901a and 908 of this title and section 14212 of Title 42, enacting provisions set out as a note under section 902 of this title, and amending and repealing provisions set out as notes under this section] is to extend discretionary spending limits and pay-as-you-go requirements."
Restriction on Elimination or Reduction of Programs Relating to Energy and Water Development
Pub. L. 102–377, title V, §503, Oct. 2, 1992, 106 Stat. 1342, provided that: "None of the programs, projects or activities as defined in the reports accompanying this Act or subsequent Energy and Water Development Appropriations Acts, may be eliminated or disproportionately reduced due to the application of 'Savings and Slippage', 'general reduction', or the provision of Public Law 99–177 [see Short Title note above] or Public Law 100–119 [see section 213 of Pub. L. 100–119 set out below] unless such reports expressly provide otherwise."
Waivers and Suspensions in the Senate
Pub. L. 99–177, title II, §271(b), Dec. 12, 1985, 99 Stat. 1094, as amended by Pub. L. 100–119, title II, §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), former 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]."
Appeals of Rulings
Pub. L. 99–177, title II, §271(c), as added by Pub. L. 100–119, title II, §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(d), 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]."
Exercise of Congressional Rulemaking Power
Pub. L. 103–66, title XIV, §14004, Aug. 10, 1993, 107 Stat. 685, provided that: "The Congress enacts the provisions of this part [probably should be "this title", amending sections 665, 901, 902, and 904 of this title, enacting provisions set out as notes under this section and section 902 of this title, and amending provisions set out as notes under section 665 of this title]—
"(1) as an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such these provisions shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
"(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House."
Pub. L. 101–508, title XIII, §13305, Nov. 5, 1990, 104 Stat. 1388–627, provided that: "This title and the amendments made by it [see Short Title of 1990 Amendment note above] are enacted by the Congress—
"(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a 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."
Pub. L. 100–119, title II, §213, Sept. 29, 1987, 101 Stat. 787, provided that: "This Act and the amendments made by this Act [enacting sections 908 and 909 of this title, amending sections 622, 632, 635, 636, 642, 683, 684, 687, 901 to 907, and 922 of this title and sections 1105 and 3101 of Title 31, Money and Finance, enacting provisions set out as notes under sections 602, 621, 686, and 901 of this title and section 1395ww of Title 42, The Public Health and Welfare, amending provisions set out as notes under section 901 of this title and sections 1320b–8 and 1395ww of Title 42, and repealing provisions set out as a note under section 653 of this title], other than those relating to the activities of the executive and judicial branches of the Government, are enacted by Congress—
"(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
"(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House."
Pub. L. 99–177, title II, §271(d), formerly §271(c), Dec. 12, 1985, 99 Stat. 1094, as redesignated by Pub. L. 100–119, title II, §210(a), Sept. 29, 1987, 101 Stat. 787, provided that: "The provisions of this title [see Short Title note above], other than those relating to the activities of the executive and judicial branches of the Government, are enacted by the Congress—
"(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
"(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House."
Restoration of Trust Fund Investments; Funds Borrowed or Not Invested During Delays in Raising Public Debt Limit
For provisions restoring various trust and retirement funds administered by the Secretary of the Treasury to the position in which they would have been if debt limit increases had been delayed, including transferring amounts to the funds to compensate those funds for current and prospective losses arising from premature redemption of some long term securities when the debt limit was reached, see notes set out under section 3101 of Title 31, Money and Finance.
Executive Documents
Executive Order No. 12857
Ex. Ord. No. 12857, Aug. 4, 1993, 58 F.R. 42181, which provided for direct spending targets for fiscal years 1994 through 1997, expired at the end of fiscal year 1997.
Ex. Ord. No. 12858. Deficit Reduction Fund
Ex. Ord. No. 12858, Aug. 4, 1993, 58 F.R. 42185, provided:
By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, including sections 1104 and 1105 of title 31, United States Code, it is hereby ordered as follows:
(a) Establishment of the Fund. There is established a separate account in the Treasury, known as the Deficit Reduction Fund, which shall receive the net deficit reduction achieved by the Omnibus Budget Reconciliation Act of 1993 [Pub. L. 103–66, see Tables for classification] as called for in subsection (b) of this order.
(b) Amounts in Fund. Beginning upon enactment of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993], the Deficit Reduction Fund shall receive any increases in total revenues resulting from enactment of such Act on a daily basis. In addition, on a daily basis, the Secretary of the Treasury shall enter into such account an amount equivalent to the net deficit reduction achieved as a result of all spending reductions resulting from such Act. The cumulative fiscal year amounts for the combination of all such revenue increases and spending reductions shall be equal to:
(1) for fiscal year 1994, $60,292,000,000;
(2) for fiscal year 1995, $70,437,000,000;
(3) for fiscal year 1996, $92,061,000,000;
(4) for fiscal year 1997, $125,881,000,000;
(5) for fiscal year 1998, $146,939,000,000.
Within 30 days of enactment of the Omnibus Budget Reconciliation Act of 1993, the foregoing amounts may be adjusted by the Director of the Office of Management and Budget to reflect the final scoring of such Act.
(c) Status of Amounts in Fund. (i) The amounts in the Deficit Reduction Fund shall be used exclusively to redeem maturing debt obligations of the Treasury of the United States held by foreign governments in the amounts specified in subsection (b).
(ii) The amounts in the Deficit Reduction Fund as set forth in subsection (b) that result from increases in total revenues and spending reductions shall not be available for new spending or to finance measures that increase the deficit for purposes of budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901–922 [900–922]).
(d) Effect on Other Funds. Establishment of and transfers to the Deficit Reduction Fund shall not affect trust fund transfers that may be authorized or required by provisions of the Omnibus Reconciliation Act of 1993 or any other provision of law.
William J. Clinton.
§901. Enforcing discretionary spending limits
(a) Enforcement
(1) Sequestration
Within 15 calendar days after Congress adjourns to end a session there shall be a sequestration to eliminate a budget-year breach, if any, within any category.
(2) Eliminating a breach
Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to eliminate a breach within that category.
(3) Military personnel
If the President uses the authority to exempt any personnel account from sequestration under section 905(f) of this title, each account within subfunctional category 051 (other than those military personnel accounts for which the authority provided under section 905(f) of this title has been exercised) shall be further reduced by a dollar amount calculated by multiplying the enacted level of non-exempt budgetary resources in that account at that time by the uniform percentage necessary to offset the total dollar amount by which outlays are not reduced in military personnel accounts by reason of the use of such authority.
(4) Part-year appropriations
If, on the date specified in paragraph (1), there is in effect an Act making or continuing appropriations for part of a fiscal year for any budget account, then the dollar sequestration calculated for that account under paragraphs (2) and (3) shall be subtracted from—
(A) the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation; and
(B) when a full-year appropriation for that account is enacted, from the amount otherwise provided by the full-year appropriation for that account.
(5) Look-back
If, after June 30, an appropriation for the fiscal year in progress is enacted that causes a breach within a category for that year (after taking into account any sequestration of amounts within that category), the discretionary spending limits for that category for the next fiscal year shall be reduced by the amount or amounts of that breach.
(6) Within-session sequestration
If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the session for that budget year and before July 1 of that fiscal year) that causes a breach within a category for that year (after taking into account any prior sequestration of amounts within that category), 15 days later there shall be a sequestration to eliminate that breach within that category following the procedures set forth in paragraphs (2) through (4).
(7) Estimates
(A) CBO estimates
As soon as practicable after Congress completes action on any discretionary appropriation, CBO, after consultation with the Committees on the Budget of the House of Representatives and the Senate, shall provide OMB with an estimate of the amount of discretionary new budget authority and outlays for the current year, if any, and the budget year provided by that legislation.
(B) OMB estimates and explanation of differences
Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any discretionary appropriation, OMB shall transmit a report to the House of Representatives and to the Senate containing both the CBO and OMB estimates of the amount of discretionary new budget authority for the current year, if any, and the budget year provided by that legislation, and an explanation of any difference between the 2 estimates. If during the preparation of the report OMB determines that there is a significant difference between OMB and CBO, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation shall include, to the extent practicable, written communication to those committees that affords such committees the opportunity to comment before the issuance of the report.
(C) Assumptions and guidelines
OMB estimates under this paragraph shall be made using current economic and technical assumptions. OMB shall use the OMB estimates transmitted to the Congress under this paragraph. OMB and CBO shall prepare estimates under this paragraph in conformance with scorekeeping guidelines determined after consultation among the Committees on the Budget of the House of Representatives and the Senate, CBO, and OMB.
(D) Annual appropriations
For purposes of this paragraph, amounts provided by annual appropriations shall include any discretionary appropriations for the current year, if any, and the budget year in accounts for which funding is provided in that legislation that result from previously enacted legislation.
(b) Adjustments to discretionary spending limits
(1) Concepts and definitions
When the President submits the budget under section 1105 of title 31, OMB shall calculate and the budget shall include adjustments to discretionary spending limits (and those limits as cumulatively adjusted) for the budget year and each outyear to reflect changes in concepts and definitions. Such changes shall equal the baseline levels of new budget authority and outlays using up-to-date concepts and definitions, minus those levels using the concepts and definitions in effect before such changes. Such changes may only be made after consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate, and that consultation shall include written communication to such committees that affords such committees the opportunity to comment before official action is taken with respect to such changes.
(2) Sequestration reports
When OMB submits a sequestration report under section 904(e), (f), or (g) of this title for a fiscal year, OMB shall calculate, and the sequestration report and subsequent budgets submitted by the President under section 1105(a) of title 31 shall include 1 adjustments to discretionary spending limits (and those limits as adjusted) for the fiscal year and each succeeding year, as follows:
(A) Emergency appropriations; overseas contingency operations/global war on terrorism
If, for any fiscal year, appropriations for discretionary accounts are enacted that—
(i) the Congress designates as emergency requirements in statute on an account by account basis and the President subsequently so designates, or
(ii) the Congress designates for Overseas Contingency Operations/Global War on Terrorism in statute on an account by account basis and the President subsequently so designates,
the adjustment shall be the total of such appropriations in discretionary accounts designated as emergency requirements or for Overseas Contingency Operations/Global War on Terrorism, as applicable.
(B) Continuing disability reviews and redeterminations
(i) If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for continuing disability reviews under titles II and XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.], for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys, then the adjustments for that fiscal year shall be the additional new budget authority provided in that Act for such expenses for that fiscal year, but shall not exceed—
(I) for fiscal year 2012, $623,000,000 in additional new budget authority;
(II) for fiscal year 2013, $751,000,000 in additional new budget authority;
(III) for fiscal year 2014, $924,000,000 in additional new budget authority;
(IV) for fiscal year 2015, $1,123,000,000 in additional new budget authority;
(V) for fiscal year 2016, $1,166,000,000 in additional new budget authority;
(VI) for fiscal year 2017, $1,546,000,000 in additional new budget authority;
(VII) for fiscal year 2018, $1,462,000,000 in additional new budget authority;
(VIII) for fiscal year 2019, $1,410,000,000 in additional new budget authority;
(IX) for fiscal year 2020, $1,309,000,000 in additional new budget authority;
(X) for fiscal year 2021, $1,302,000,000 in additional new budget authority;
(XI) for fiscal year 2024, $1,578,000,000 in additional new budget authority; and
(XII) for fiscal year 2025, $1,630,000,000 in additional new budget authority.
(ii) As used in this subparagraph—
(I) the term "continuing disability reviews" means continuing disability reviews under sections 221(i) and 1614(a)(4) of the Social Security Act [42 U.S.C. 421(i), 1382c(a)(4)], including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual's ability to engage in substantial gainful activity;
(II) the term "redetermination" means redetermination of eligibility under sections 1611(c)(1) and 1614(a)(3)(H) of the Social Security Act [42 U.S.C. 1382(c)(1), 1382c(a)(3)(H)]; and
(III) the term "additional new budget authority" means the amount provided for a fiscal year, in excess of $273,000,000, in an appropriation Act and specified to pay for the costs of continuing disability reviews, redeterminations, co-operative disability investigation units, and fraud prosecutions under the heading "Limitation on Administrative Expenses" for the Social Security Administration.
(C) Health care fraud and abuse control
(i) If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for the health care fraud abuse control program at the Department of Health and Human Services (75–8393–0–7–571), then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such program for that fiscal year, but shall not exceed—
(I) for fiscal year 2012, $270,000,000 in additional new budget authority;
(II) for fiscal year 2013, $299,000,000 in additional new budget authority;
(III) for fiscal year 2014, $329,000,000 in additional new budget authority;
(IV) for fiscal year 2015, $361,000,000 in additional new budget authority;
(V) for fiscal year 2016, $395,000,000 in additional new budget authority;
(VI) for fiscal year 2017, $414,000,000 in additional new budget authority;
(VII) for fiscal year 2018, $434,000,000 in additional new budget authority;
(VIII) for fiscal year 2019, $454,000,000 in additional new budget authority;
(IX) for fiscal year 2020, $475,000,000 in additional new budget authority;
(X) for fiscal year 2021, $496,000,000 in additional new budget authority;
(XI) for fiscal year 2024, $604,000,000 in additional new budget authority; and
(XII) for fiscal year 2025, $630,000,000 in additional new budget authority.
(ii) As used in this subparagraph, the term "additional new budget authority" means the amount provided for a fiscal year, in excess of $311,000,000, in an appropriation Act and specified to pay for the costs of the health care fraud and abuse control program.
(D) Disaster funding
(i) If, for fiscal years 2024 and 2025, appropriations for discretionary accounts are enacted that Congress designates as being for disaster relief in statute, the adjustment for a fiscal year shall be the total of such appropriations for the fiscal year in discretionary accounts designated as being for disaster relief, but not to exceed the total of—
(I) the average over the previous 10 years (excluding the highest and lowest years) of the sum of the funding provided for disaster relief (as that term is defined on the date immediately before March 23, 2018);
(II) notwithstanding clause (iv), five percent of the total appropriations provided in the previous 10 years, net of any rescissions of budget authority enacted in the same period, with respect to amounts provided for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and designated by the Congress in statute as an emergency; and
(III) the cumulative net total of the unused carryover for fiscal year 2018 and all subsequent fiscal years, where the unused carryover for each fiscal year is calculated as the sum of the amounts in subclauses (I) and (II) less the enacted appropriations for that fiscal year that have been designated as being for disaster relief.
(ii) OMB shall report to the Committees on Appropriations and Budget in each House the average calculated pursuant to clause (i)(II), not later than 30 days after March 23, 2018.
(iii) For the purposes of this subparagraph, the term "disaster relief" means activities carried out pursuant to a determination under section 5122(2) of title 42.
(iv) Appropriations considered disaster relief under this subparagraph in a fiscal year shall not be eligible for adjustments under subparagraph (A) for the fiscal year.
(E) Reemployment services and eligibility assessments
(i) In general
If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for grants to States under section 306 of the Social Security Act [42 U.S.C. 506], then the adjustment for that fiscal year shall be the additional new budget authority provided in that Act for such grants for that fiscal year, but shall not exceed—
(I) for fiscal year 2018, $0;
(II) for fiscal year 2019, $33,000,000;
(III) for fiscal year 2020, $58,000,000;
(IV) for fiscal year 2021, $83,000,000;
(V) for fiscal year 2024, $265,000,000 in additional new budget authority; and
(VI) for fiscal year 2025, $271,000,000 in additional new budget authority.
(ii) Definition
As used in this subparagraph, the term "additional new budget authority" means the amount provided for a fiscal year, in excess of $117,000,000, in an appropriation Act and specified to pay for grants to States under section 306 of the Social Security Act [42 U.S.C. 506].
(F) Wildfire suppression
(i) Additional new budget authority
If, for fiscal years 2020 through 2027, a bill or joint resolution making appropriations for a fiscal year is enacted that provides an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for wildfire suppression operations for that fiscal year, but shall not exceed—
(I) for fiscal year 2020, $2,250,000,000;
(II) for fiscal year 2021, $2,350,000,000;
(III) for fiscal year 2022, $2,450,000,000;
(IV) for fiscal year 2023, $2,550,000,000;
(V) for fiscal year 2024, $2,650,000,000;
(VI) for fiscal year 2025, $2,750,000,000;
(VII) for fiscal year 2026, $2,850,000,000; and
(VIII) for fiscal year 2027, $2,950,000,000.
(ii) Definitions
In this subparagraph:
(I) Additional new budget authority
The term "additional new budget authority" means the amount provided for a fiscal year in an appropriation Act that is in excess of the average costs for wildfire suppression operations as reported in the budget of the President submitted under section 1105(a) of title 31 for fiscal year 2015 and are specified to pay for the costs of wildfire suppression operations in an amount not to exceed the amount specified for that fiscal year in clause (i).
(II) Wildfire suppression operations
The term "wildfire suppression operations" means the emergency and unpredictable aspects of wildland firefighting, including—
(aa) support, response, and emergency stabilization activities;
(bb) other emergency management activities; and
(cc) the funds necessary to repay any transfers needed for the costs of wildfire suppression operations.
(G) The 2020 Census
If, for fiscal year 2020, appropriations for the Periodic Censuses and Programs account of the Bureau of the Census of the Department of Commerce are enacted that the Congress designates in statute as being for the 2020 Census, then the adjustment for that fiscal year shall be the total of such appropriations for that fiscal year designated as being for the 2020 Census, but shall not exceed $2,500,000,000.
(c) Discretionary spending limit
As used in this subchapter, the term "discretionary spending limit" means—
(1) for fiscal year 2014—
(A) for the revised security category, $520,464,000,000 in new budget authority; and
(B) for the revised nonsecurity category, $491,773,000,000 in new budget authority;
(2) for fiscal year 2015—
(A) for the revised security category, $521,272,000,000 in new budget authority; and
(B) for the revised nonsecurity category, $492,356,000,000 in new budget authority;
(3) for fiscal year 2016—
(A) for the revised security category, $548,091,000,000 in new budget authority; and
(B) for the revised nonsecurity category $518,491,000,000 in new budget authority;
(4) for fiscal year 2017—
(A) for the revised security category, $551,068,000,000 in new budget authority; and
(B) for the revised nonsecurity category, $518,531,000,000 in new budget authority;
(5) for fiscal year 2018—
(A) for the revised security category, $629,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category $579,000,000,000 in new budget authority;
(6) for fiscal year 2019—
(A) for the revised security category, $647,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category, $597,000,000,000 in new budget authority;
(7) for fiscal year 2020—
(A) for the revised security category, $666,500,000,000 in new budget authority; and
(B) for the revised nonsecurity category, $621,500,000,000 in new budget authority;
(8) for fiscal year 2021—
(A) for the revised security category, $671,500,000,000 in new budget authority; and
(B) for the revised nonsecurity category, $626,500,000,000 in new budget authority;
(9) for fiscal year 2024—
(A) for the revised security category, $886,349,000,000 in new budget authority; and
(B) for the revised nonsecurity category; 2 $703,651,000,000 in new budget authority; and
(10) for fiscal year 2025—
(A) for the revised security category, $895,212,000,000 in new budget authority; and
(B) for the revised nonsecurity category; 2 $710,688,000,000 in new budget authority;
as adjusted in strict conformance with subsection (b).
(d) Revised discretionary spending limits for fiscal year 2024
(1) In general
Subject to paragraph (3), if on or after January 1, 2024, there is in effect an Act making continuing appropriations for part of fiscal year 2024 for any discretionary budget account, the discretionary spending limits specified in subsection (c)(9) for fiscal year 2024 shall be adjusted in the final sequestration report, in accordance with paragraph (2), as follows:
(A) For the revised security category, the amount that is equal to the total budget authority for such category for base funding, as published in the Congressional Budget Office cost estimate for the applicable appropriations Acts for the preceding fiscal year (table 1–S of H.R. 2617, published on December 21, 2022), reduced by one percent.
(B) For the revised non-security 3 category, the amount that is equal to the total budget authority for such category for base funding as published in the Congressional Budget Office cost estimate for the applicable appropriations Acts for the preceding fiscal year (table 1–S of H.R. 2617, published on December 21, 2022), reduced by one percent.
(2) Final report; sequestration order
If the conditions specified in paragraph (1) are met during fiscal year 2024, the final sequestration report for such fiscal year pursuant to section 904(f)(1) of this title and any order pursuant to section 904(f)(5) of this title shall be issued on the earlier of—
(A) 10 days, not including weekends and holidays, for the Congressional Budget Office and 15 days, not including weekends and holidays, for the Office of Management and Budget and the President, after the enactment into law of annual full-year appropriations for all budget accounts that normally receive such annual appropriations (or the enactment of the applicable full-year appropriations Acts without any provision for such accounts); or
(B) April 30, 2024.
(3) Reversal
If, after January 1, 2024, there are enacted into law each of the full year discretionary appropriation Acts, then the adjustment to the applicable discretionary spending limits in paragraph (1) shall have no force or effect, and the discretionary spending limits for the revised security category and revised nonsecurity category for the applicable fiscal year shall be such limits as in effect on December 31 of the applicable fiscal year.
(e) Revised discretionary spending limits for fiscal year 2025
(1) In general
Subject to paragraph (3), if on or after January 1, 2025, there is in effect an Act making continuing appropriations for part of fiscal year 2025 for any discretionary budget account, the discretionary spending limits specified in subsection (c)(10) for fiscal year 2025 shall be adjusted in the final sequestration report, in accordance with paragraph (2), as follows:
(A) for the revised security category, the amount calculated for such category in section 4 (d)(1)(A); and
(B) for the revised non-security 3 category, the amount calculated for each category in section 4 (d)(1)(B).
(2) Final report; sequestration order
If the conditions specified in paragraph (1) are met during fiscal year 2025, the final sequestration report for such fiscal year pursuant to section 904(f)(1) of this title and any order pursuant to section 904(f)(5) of this title shall be issued on the earlier of—
(A) 10 days, not including weekends and holidays, for the Congressional Budget Office, and 15 days, not including weekends and holidays, for the Office of Management and Budget and the President, after the enactment into law of annual full-year appropriations for all budget accounts that normally receive such annual appropriations (or the enactment of the applicable full-year appropriations Acts without any provision for such accounts); or
(B) April 30, 2025.
(3) Reversal
If, after January 1, 2025, there are enacted into law each of the full year discretionary appropriation Acts, then the adjustment to the applicable discretionary spending limits in paragraph (1) shall have no force or effect, and the discretionary spending limits for the revised security category and revised nonsecurity category for the applicable fiscal year shall be such limits as in effect on December 31 of the applicable fiscal year.
(Pub. L. 99–177, title II, §251, Dec. 12, 1985, 99 Stat. 1063; Pub. L. 100–119, title I, §102(a), Sept. 29, 1987, 101 Stat. 754; Pub. L. 100–203, title VIII, §8003(f), Dec. 22, 1987, 101 Stat. 1330–282; Pub. L. 101–508, title XIII, §13101(a), (e)(2), Nov. 5, 1990, 104 Stat. 1388–577, 1388-593; Pub. L. 103–66, title XIV, §14002(c)(1), Aug. 10, 1993, 107 Stat. 683; Pub. L. 103–87, title V, §571, Sept. 30, 1993, 107 Stat. 971; Pub. L. 103–306, title V, §562, Aug. 23, 1994, 108 Stat. 1649; Pub. L. 103–354, title I, §119(d)(1), Oct. 13, 1994, 108 Stat. 3208; Pub. L. 104–121, title I, §103(b), Mar. 29, 1996, 110 Stat. 848; Pub. L. 104–193, title II, §211(d)(5)(B), Aug. 22, 1996, 110 Stat. 2191; Pub. L. 104–208, div. A, title I, §101(c) [title V, §577], Sept. 30, 1996, 110 Stat. 3009–121, 3009-169; Pub. L. 105–33, title X, §10203(a), (b), Aug. 5, 1997, 111 Stat. 698, 701; Pub. L. 105–89, title II, §201(b)(1), Nov. 19, 1997, 111 Stat. 2125; Pub. L. 105–178, title VIII, §8101(a), (d), June 9, 1998, 112 Stat. 488, 490; Pub. L. 106–291, title VIII, §801(a), (b), Oct. 11, 2000, 114 Stat. 1026, 1027; Pub. L. 106–429, §101(a) [title VII, §701(a)], Nov. 6, 2000, 114 Stat. 1900, 1900A-64; Pub. L. 107–117, div. C, §101(a), Jan. 10, 2002, 115 Stat. 2341; Pub. L. 108–88, §10(a), (b), Sept. 30, 2003, 117 Stat. 1127; Pub. L. 108–310, §10(a), (b), Sept. 30, 2004, 118 Stat. 1160; Pub. L. 109–59, title VIII, §§8001(a), 8002, Aug. 10, 2005, 119 Stat. 1915, 1916; Pub. L. 112–25, title I, §101, Aug. 2, 2011, 125 Stat. 241; Pub. L. 112–240, title IX, §901(d)(1), Jan. 2, 2013, 126 Stat. 2370; Pub. L. 113–67, div. A, title I, §101(a), Dec. 26, 2013, 127 Stat. 1166; Pub. L. 114–74, title I, §101(a), title VIII, §815, Nov. 2, 2015, 129 Stat. 585, 604; Pub. L. 114–113, div. O, title X, §1003, Dec. 18, 2015, 129 Stat. 3035; Pub. L. 115–123, div. C, title I, §30101(a), title II, §30206(c), Feb. 9, 2018, 132 Stat. 122, 131; Pub. L. 115–141, div. O, title I, §102(a), Mar. 23, 2018, 132 Stat. 1059; Pub. L. 115–334, title VIII, §8704(a)(1)(A), Dec. 20, 2018, 132 Stat. 4877; Pub. L. 116–37, title I, §101(a), (c), Aug. 2, 2019, 133 Stat. 1049; Pub. L. 118–5, div. A, title I, §§101(a), (b), 102, June 3, 2023, 137 Stat. 12, 13, 15.)
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (b)(2)(B)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II and XVI of the Act are classified generally to subchapters II (§401 et seq.) and XVI (§1381 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(2)(D)(i)(II), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
Codification
Pub. L. 101–508, §13101(e)(2), redesignated former subsec. (a)(6)(I) of this section as section 257(e) of Pub. L. 99–177, which is classified to section 907(e) of this title.
Amendments
2023—Subsec. (b)(2)(B)(i)(XI), (XII). Pub. L. 118–5, §101(b)(1), added subcls. (XI) and (XII).
Subsec. (b)(2)(C)(i)(XI), (XII). Pub. L. 118–5, §101(b)(2), added subcls. (XI) and (XII).
Subsec. (b)(2)(D)(i). Pub. L. 118–5, §101(b)(3)(A), substituted "for fiscal years 2024 and 2025" for "for fiscal years 2012 through 2021" in introductory provisions.
Subsec. (b)(2)(D)(i)(II). Pub. L. 118–5, §101(b)(3)(B), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: "notwithstanding clause (iv), starting in fiscal year 2018, five percent of the total appropriations provided after fiscal year 2011 or in the previous 10 years, whichever is less, net of any rescissions of budget authority enacted in the same period, with respect to amounts provided for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and designated by the Congress and the President as an emergency pursuant to subparagraph (A)(i) of this paragraph; and".
Subsec. (b)(2)(E)(i)(V), (VI). Pub. L. 118–5, §101(b)(4), added subcls. (V) and (VI).
Subsec. (c)(9), (10). Pub. L. 118–5, §101(a), added pars. (9) and (10).
Subsecs. (d), (e). Pub. L. 118–5, §102, added subsecs. (d) and (e).
2019—Subsec. (b)(2)(G). Pub. L. 116–37, §101(c), added subpar. (G).
Subsec. (c)(7), (8). Pub. L. 116–37, §101(a), added pars. (7) and (8) and struck out former pars. (7) and (8) which read as follows:
"(7) for fiscal year 2020—
"(A) for the revised security category, $630,000,000,000 in new budget authority; and
"(B) for the revised nonsecurity category, $578,000,000,000 in new budget authority; and
"(8) for fiscal year 2021—
"(A) for the revised security category, $644,000,000,000 in new budget authority; and
"(B) for the revised nonsecurity category, $590,000,000,000 in new budget authority;".
2018—Subsec. (b)(2)(D)(i). Pub. L. 115–141, §102(a)(1), added subcls. (I) to (III) and struck out former subcls. (I) and (II) which read as follows:
"(I) the average funding provided for disaster relief over the previous 10 years, excluding the highest and lowest years; and
"(II) the amount, for years when the enacted new discretionary budget authority designated as being for disaster relief for the preceding fiscal year was less than the average as calculated in subclause (I) for that fiscal year, that is the difference between the enacted amount and the allowable adjustment as calculated in such subclause for that fiscal year."
Subsec. (b)(2)(D)(ii). Pub. L. 115–141, §102(a)(2), as amended by Pub. L. 115–334, §8704(a)(1)(A), substituted "not later than 30 days after March 23, 2018" for "not later than 30 days after August 2, 2011".
Subsec. (b)(2)(E). Pub. L. 115–123, §30206(c), added subpar. (E).
Subsec. (b)(2)(F). Pub. L. 115–141, §102(a)(3), added subpar. (F).
Subsec. (c)(5), (6). Pub. L. 115–123, §30101(a), added pars. (5) and (6) and struck out former pars. (5) and (6) which defined discretionary spending limits for fiscal years 2018 and 2019, respectively.
2015—Subsec. (a)(7)(B). Pub. L. 114–113 substituted "both the CBO and OMB estimates of the amount of discretionary new budget authority" for "the CBO estimate of that legislation, an OMB estimate of the amount of discretionary new budget authority and outlays".
Subsec. (b)(2)(B)(i). Pub. L. 114–74, §815(1)(A), in introductory provisions, substituted ", for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys" for "and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act".
Subsec. (b)(2)(B)(i)(VI). Pub. L. 114–74, §815(1)(B), substituted "$1,546,000,000" for "$1,309,000,000".
Subsec. (b)(2)(B)(i)(VII). Pub. L. 114–74, §815(1)(C), substituted "$1,462,000,000" for "$1,309,000,000".
Subsec. (b)(2)(B)(i)(VIII). Pub. L. 114–74, §815(1)(D), substituted "$1,410,000,000" for "$1,309,000,000".
Subsec. (b)(2)(B)(i)(X). Pub. L. 114–74, §815(1)(E), substituted "$1,302,000,000" for "$1,309,000,000".
Subsec. (b)(2)(B)(ii)(I). Pub. L. 114–74, §815(2), inserted before semicolon ", including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual's ability to engage in substantial gainful activity".
Subsec. (b)(2)(B)(ii)(III). Pub. L. 114–74, §815(3), substituted ", redeterminations, co-operative disability investigation units, and fraud prosecutions" for "and redeterminations".
Subsec. (c)(3), (4). Pub. L. 114–74, §101(a), added pars. (3) and (4) and struck out former pars. (3) and (4) which defined discretionary spending limits for fiscal years 2016 and 2017.
2013—Subsec. (c). Pub. L. 113–67 added pars. (1) to (8) and struck out former pars. (1) to (10) which defined discretionary spending limits for fiscal years 2012 to 2021.
Subsec. (c)(2), (3). Pub. L. 112–240 amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read as follows:
"(2) with respect to fiscal year 2013—
"(A) for the security category, $686,000,000,000 in new budget authority; and
"(B) for the nonsecurity category, $361,000,000,000 in new budget authority;
"(3) with respect to fiscal year 2014, for the discretionary category, $1,066,000,000,000 in new budget authority;".
2011—Pub. L. 112–25 amended section generally. Prior to amendment, section related to enforcing discretionary spending limits.
2005—Subsec. (b)(1)(B) to (E). Pub. L. 109–59, §8002, reenacted heading of subpar. (B) without change and amended text of subpars. (B) to (E) generally. Prior to amendment, subpar. (B) provided for adjustments to align highway spending with revenues using amount of obligations set forth in section 8103 of the Transportation Equity Act for the 21st Century and estimates of receipts for fiscal years 1998 through 2003, subpar. (C) provided for additional adjustments required in budget submissions for fiscal years 2000 through 2003, subpar. (D) provided for a final sequester report for fiscal year 1999 and an adjustment of estimates upon submission of the budget for fiscal years 2000 through 2003, and subpar. (E) required consultation with the Committees on the Budget and inclusion of a report on adjustments under subparagraphs (B) and (C) in the preview report.
Subsec. (c). Pub. L. 109–59, §8001(a), added pars. (1) to (5), redesignated former pars. (2) to (9) as (6) to (13), respectively, and struck out former par. (1) which read as follows: "with respect to fiscal year 2004—
"(A) for the highway category: $31,834,000,000 in outlays;
"(B) for the mass transit category: $1,462,000,000 in new budget authority and $6,629,000,000 in outlays; and
"(C) for the conservation spending category: $2,080,000,000, in new budget authority and $2,032,000,000 in outlays;".
2004—Subsec. (b)(2). Pub. L. 108–310, §10(a), which directed amendment of par. (2) by striking out "through 2002" in introductory provisions, could not be executed because the phrase "through 2002" did not appear subsequent to amendment by Pub. L. 108–88, §10(a). See 2003 Amendment note below.
Subsec. (c). Pub. L. 108–310, §10(b), which directed the amendment of subsec. (c) by redesignating par. (8) as par. (1), substituting "with respect to fiscal year 2005—" for "with respect to fiscal year 2005" and adding subpars. (A) and (B) in par. (1), redesignating remaining provisions of par. (1) as subpar. (C), redesignating pars. (9) to (16) as (2) to (9), respectively, and striking out former pars. (1) to (7), which defined "discretionary spending limit" with respect to fiscal years 2002 to 2006, either could not be executed or could not be executed as intended because of prior amendments by Pub. L. 108–88, §10(b). See 2003 Amendment notes below.
2003—Subsec. (b)(2). Pub. L. 108–88, §10(a), struck out "through 2002" after "succeeding year" in introductory provisions.
Subsec. (c)(1). Pub. L. 108–88, §10(b)(1), redesignated par. (8) as (1), substituted "with respect to fiscal year 2004—" for "with respect to fiscal year 2004", added subpars. (A) and (B), redesignated remaining provisions of par. (1) as subpar. (C), and struck out former par. (1), which defined "discretionary spending limit" with respect to fiscal year 1997.
Subsec. (c)(2) to (16). Pub. L. 108–88, §10(b), redesignated pars. (9) to (16) as (2) to (9), respectively, and struck out former pars. (2) to (7), which defined "discretionary spending limit" with respect to fiscal years 1998 to 2003.
2002—Subsec. (c)(6)(A). Pub. L. 107–117, §101(a)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: "for the discretionary category: $551,074,000,000 in new budget authority and $560,799,000,000 in outlays;".
Subsec. (c)(6)(C). Pub. L. 107–117, §101(a)(2), struck out second "and" at end.
Subsec. (c)(6)(D). Pub. L. 107–117, §101(a)(3), substituted "$1,473,000,000" for "$1,232,000,000".
2000—Subsec. (b)(2)(H). Pub. L. 106–291, §801(b), added subpar. (H).
Subsec. (c)(5)(A). Pub. L. 106–429 added subpar. (A) and struck out former subpar. (A) which read as follows: "for the discretionary category: $542,032,000,000 in new budget authority and $564,396,000,000 in outlays;".
Subsec. (c)(6)(D). Pub. L. 106–291, §801(a)(1), added subpar. (D).
Subsec. (c)(7)(C). Pub. L. 106–291, §801(a)(2), added subpar. (C).
Subsec. (c)(8) to (16). Pub. L. 106–291, §801(a)(3), added pars. (8) to (16).
1998—Subsec. (b)(1). Pub. L. 105–178, §8101(d), designated existing provisions as subpar. (A), inserted heading, and added subpars. (B) to (E).
Subsec. (c)(3)(D), (E). Pub. L. 105–178, §8101(a)(1), added subpars. (D) and (E).
Subsec. (c)(4)(C), (D). Pub. L. 105–178, §8101(a)(2), added subpars. (C) and (D).
Subsec. (c)(5). Pub. L. 105–178, §8101(a)(3), substituted a dash for comma after "2001", designated remaining provisions as subpar. (A), realigned margins, struck out "and" at end, and added subpars. (B) and (C).
Subsec. (c)(6). Pub. L. 105–178, §8101(a)(4), substituted a dash for comma after "2002", designated remaining provisions as subpar. (A), realigned margins, and added subpars. (B) and (C).
Subsec. (c)(7). Pub. L. 105–178, §8101(a)(5), added par. (7).
1997—Subsec. (a). Pub. L. 105–33, §10203(a)(1), struck out "Fiscal Years 1991–1998" before "Enforcement" in heading.
Subsec. (a)(3). Pub. L. 105–33, §10203(a)(2), substituted "section 905(f)" for "section 905(h)" in two places.
Subsec. (a)(7). Pub. L. 105–33, §10203(a)(3), added par. (7) and struck out heading and text of former par. (7). Text read as follows: "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. Within 5 calendar days after the enactment of any discretionary appropriation, OMB shall transmit a report to the House of Representatives and to the Senate containing the CBO estimate of that legislation, an OMB estimate of the amount of discretionary new budget authority and outlays for the current year (if any) and the budget year provided by that legislation, and an explanation of any difference between the two estimates. For purposes of this paragraph, amounts provided by annual appropriations shall include any new budget authority and outlays for those years in accounts for which funding is provided in that legislation that result from previously enacted legislation. Those OMB estimates shall be made using current economic and technical assumptions. OMB shall use the OMB estimates transmitted to the Congress under this paragraph for the purposes of this subsection. 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."
Subsec. (b). Pub. L. 105–33, §10203(a)(4), added subsec. (b) and struck out heading and text of former subsec. (b) which provided that when the President submitted the budget for a budget year from 1992 to 1998, OMB was to calculate, and the budget was to include, adjustments to discretionary spending limits reflecting certain enumerated factors and provided that when OMB submitted a sequestration report for a fiscal year from 1991 to 1998, OMB was to calculate, and the sequestration report and subsequent budgets were to include, adjustments to discretionary spending limits reflecting certain enumerated factors.
Subsec. (b)(2)(G). Pub. L. 105–89 added subpar. (G).
Subsec. (c). Pub. L. 105–33, §10203(b), added subsec. (c).
1996—Subsec. (b)(2)(G). Pub. L. 104–208 substituted "fiscal years 1994, 1995, and 1997" for "fiscal year 1994 and 1995" in two places.
Subsec. (b)(2)(H). Pub. L. 104–121 added subpar. (H).
Subsec. (b)(2)(H)(i). Pub. L. 104–193, §211(d)(5)(B)(i), substituted "$175,000,000" for "$25,000,000" and "$310,000,000" for "$160,000,000" in subcl. (II), and "$245,000,000" for "$145,000,000" and "$470,000,000" for "$370,000,000" in subcl. (III).
Subsec. (b)(2)(H)(ii)(I). Pub. L. 104–193, §211(d)(5)(B)(ii), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: "the term 'continuing disability reviews' has the meaning given such term by section 401(g)(1)(A) of title 42;".
1994—Subsec. (b)(2)(D)(i). Pub. L. 103–354 inserted at end "This subparagraph shall not apply to appropriations to cover agricultural crop disaster assistance."
Subsec. (b)(2)(G). Pub. L. 103–306 substituted "1994 and 1995" for "1994" in two places.
1993—Subsec. (a). Pub. L. 103–66, §14002(c)(1)(A), substituted "1998" for "1995" in heading.
Subsec. (b)(1). Pub. L. 103–66, §14002(c)(1)(B)(i), in introductory provisions, substituted "1995, 1996, 1997, or 1998" for "or 1995" and "outyear through 1998" for "outyear through 1995".
Subsec. (b)(1)(B)(iii). Pub. L. 103–66, §14002(c)(1)(B)(ii), added cl. (iii).
Subsec. (b)(2). Pub. L. 103–66, §14002(c)(1)(B)(iii), in introductory provisions, substituted "1995, 1996, 1997, or 1998" for "or 1995" and "year through 1998" for "year through 1995".
Subsec. (b)(2)(D)(i). Pub. L. 103–66, §14002(c)(1)(B)(iv), substituted "for any fiscal year," for "for fiscal year 1991, 1992, 1993, 1994, or 1995,".
Subsec. (b)(2)(E)(iv). Pub. L. 103–66, §14002(c)(1)(B)(v), added cl. (iv).
Subsec. (b)(2)(F). Pub. L. 103–66, §14002(c)(1)(B)(vi), inserted before period at end ", and not to exceed 0.5 percent of the adjusted descretionary [sic] spending limit on outlays for the fiscal year in fiscal year 1996, 1997, or 1998".
Subsec. (b)(2)(G). Pub. L. 103–87 added subpar. (G).
1990—Pub. L. 101–508, §13101(a), amended section generally, substituting subsecs. (a) and (b) relating to enforcement of discretionary spending limits for former subsecs. (a) to (e) relating to reporting of excess deficits.
Subsec. (a)(6)(I). Pub. L. 101–508, §13101(e)(2), redesignated subsec. (a)(6)(I) of this section as section 907(e) of this title.
1987—Pub. L. 100–119 amended section generally, substituting provisions consisting of subsecs. (a) to (e) relating to reports by Director of CBO to Director of OMB and to Congress and by Director of OMB to President and Congress for provisions consisting of subsecs. (a) to (g) relating to joint reports by Directors of CBO and OMB to Comptroller General and report by Comptroller General to President and Congress.
Subsec. (a)(6)(B). Pub. L. 100–203, §8003(f), struck out "and" before "contract authority" and inserted provision whereby the authority to provide insurance through the Federal Housing Administration Fund be continued.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–334, title VIII, §8704(a)(2), Dec. 20, 2018, 132 Stat. 4877, provided that: "The amendments made by paragraph (1) [amending this section and section 7102 of Title 16, Conservation] shall take effect as if enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act ([div. O of] Public Law 115–141)."
Pub. L. 115–141, div. O, title I, §102(b), Mar. 23, 2018, 132 Stat. 1060, provided that: "The amendment made by paragraph (1) of subsection (a) [amending this section] shall begin to apply in fiscal year 2019."
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–89 effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Pub. L. 105–89, set out as a note under section 622 of Title 42, The Public Health and Welfare.
Effective Date of 1994 Amendment
Pub. L. 103–354, title I, §119(d)(1), Oct. 13, 1994, 108 Stat. 3208, provided that the amendment made by that section is effective Jan. 1, 1995.
Adjustment for Rounding
Pub. L. 106–429, §101(a) [title VII, §701(c)], Nov. 6, 2000, 114 Stat. 1900, 1900A-64, provided for adjustments for rounding.
Pub. L. 106–113, div. B, §1000(a)(5) [title III, §307], Nov. 29, 1999, 113 Stat. 1536, 1501A-306, provided for adjustments for rounding.
Offsetting Adjustment in Discretionary Spending Limits
Pub. L. 105–178, title VIII, §8101(b), June 9, 1998, 112 Stat. 489, as amended by Pub. L. 105–206, title IX, §9013(a), July 22, 1998, 112 Stat. 865, provided adjustments of nondefense category for fiscal year 1999, discretionary category for fiscal year 2000, and discretionary spending limits for fiscal years 2001 and 2002.
Level of Obligation Limitations
Pub. L. 109–59, title VIII, §8003, Aug. 10, 2005, 119 Stat. 1917, as amended by Pub. L. 111–147, title IV, §446(a), (b), Mar. 18, 2010, 124 Stat. 95, 96; Pub. L. 111–322, title II, §2308, Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III, §308, Mar. 4, 2011, 125 Stat. 21, provided that:
"(a)
"(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;
"(5) for fiscal year 2009, $42,469,970,178;
"(6) for fiscal year 2010, $42,469,970,178; and
"(7) for fiscal year 2011, $42,469,970,178.
"(b)
"(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;
"(5) for fiscal year 2009, $10,338,065,000;
"(6) for fiscal year 2010, $10,338,065,000; and
"(7) for fiscal year 2011, $10,338,065,000.
For purposes of this subsection, the term 'obligation limitations' means the sum of budget authority and obligation limitations."
Similar provisions for prior fiscal years were contained in the following prior act:
Pub. L. 105–178, title VIII, §8103, June 9, 1998, 112 Stat. 492, as amended by Pub. L. 108–88, §11(a), (b), Sept. 30, 2003, 117 Stat. 1128; Pub. L. 108–310, §11(a), (b), Sept. 30, 2004, 118 Stat. 1161.
1 So in original. Probably should be followed by a comma.
2 So in original. The semicolon probably should be a comma.
4 So in original. Probably should be "subsection".
§901a. Enforcement of budget goal
Discretionary appropriations and direct spending accounts shall be reduced in accordance with this section as follows:
(1) Calculation of total deficit reduction
OMB shall calculate the amount of the deficit reduction required by this section for each of fiscal years 2013 through 2021 by—
(A) starting with $1,200,000,000,000;
(B) subtracting the amount of deficit reduction achieved by the enactment of a joint committee bill, as provided in section 401(b)(3)(B)(i)(II) of the Budget Control Act of 2011;
(C) reducing the difference by 18 percent to account for debt service;
(D) dividing the result by 9; and
(E) for fiscal year 2013, reducing the amount calculated under subparagraphs (A) through (D) by $24,000,000,000.
(2) Allocation to functions
On March 1, 2013, for fiscal year 2013, and in its sequestration preview report for fiscal years 2014 through 2021 pursuant to section 904(c) of this title, OMB shall allocate half of the total reduction calculated pursuant to paragraph (1) for that year to discretionary appropriations and direct spending accounts within function 050 (defense function) and half to accounts in all other functions (nondefense functions).
(3) Defense function reduction
OMB shall calculate the reductions to discretionary appropriations and direct spending for each of fiscal years 2013 through 2021 for defense function spending as follows:
(A) Discretionary
OMB shall calculate the reduction to discretionary appropriations by—
(i) taking the total reduction for the defense function allocated for that year under paragraph (2);
(ii) multiplying by the discretionary spending limit for the revised security category for that year; and
(iii) dividing by the sum of the discretionary spending limit for the security category and OMB's baseline estimate of nonexempt outlays for direct spending programs within the defense function for that year.
(B) Direct spending
OMB shall calculate the reduction to direct spending by taking the total reduction for the defense function required for that year under paragraph (2) and subtracting the discretionary reduction calculated pursuant to subparagraph (A).
(4) Nondefense function reduction
OMB shall calculate the reduction to discretionary appropriations and to direct spending for each of fiscal years 2013 through 2021 for programs in nondefense functions as follows:
(A) Discretionary
OMB shall calculate the reduction to discretionary appropriations by—
(i) taking the total reduction for nondefense functions allocated for that year under paragraph (2);
(ii) multiplying by the discretionary spending limit for the revised nonsecurity category for that year; and
(iii) dividing by the sum of the discretionary spending limit for the revised nonsecurity category and OMB's baseline estimate of nonexempt outlays for direct spending programs in nondefense functions for that year.
(B) Direct spending
OMB shall calculate the reduction to direct spending programs by taking the total reduction for nondefense functions required for that year under paragraph (2) and subtracting the discretionary reduction calculated pursuant to subparagraph (A).
(5) Implementing discretionary reductions
(A) Fiscal year 2013
On March 1, 2013, for fiscal year 2013, OMB shall calculate and the President shall order a sequestration, effective upon issuance and under the procedures set forth in section 903(f) of this title, to reduce each account within the security category or nonsecurity category by a dollar amount calculated by multiplying the baseline level of budgetary resources in that account at that time by a uniform percentage necessary to achieve—
(i) for the revised security category, an amount equal to the defense function discretionary reduction calculated pursuant to paragraph (3); and
(ii) for the revised nonsecurity category, an amount equal to the nondefense function discretionary reduction calculated pursuant to paragraph (4).
(B) Fiscal years 2014–2021
Except as provided by paragraphs (10), (11), (12), and (13), on the date of the submission of its sequestration preview report for fiscal years 2014 through 2021 pursuant to section 904(c) of this title for each of fiscal years 2014 through 2021, OMB shall reduce the discretionary spending limit—
(i) for the revised security category by the amount of the defense function discretionary reduction calculated pursuant to paragraph (3); and
(ii) for the revised nonsecurity category by the amount of the nondefense function discretionary reduction calculated pursuant to paragraph (4).
(6) Implementing direct spending reductions
(A) On the date specified in paragraph (2) during each applicable year, OMB shall prepare and the President shall order a sequestration, effective upon issuance, of nonexempt direct spending to achieve the direct spending reduction calculated pursuant to paragraphs (3) and (4). When implementing the sequestration of direct spending pursuant to this paragraph, OMB shall follow the procedures specified in section 935 of this title, the exemptions specified in section 905 of this title, and the special rules specified in section 906 of this title, except that the percentage reduction for the Medicare programs specified in section 906(d) of this title shall not be more than 2 percent for a fiscal year.
(B) On the date on which the President submits the budget under section 1105 of title 31 for each of fiscal years 2022 through 2031, the President shall order a sequestration, effective upon issuance such that—
(i) the percentage reduction for nonexempt direct spending for the defense function is the same percent as the percentage reduction for nonexempt direct spending for the defense function for fiscal year 2021 calculated under paragraph (3)(B); and
(ii) the percentage reduction for nonexempt direct spending for nondefense functions is the same percent as the percentage reduction for nonexempt direct spending for nondefense functions for fiscal year 2021 calculated under paragraph (4)(B).
(C) Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 906(d) of this title, the sequestration order of the President under such subparagraph for fiscal year 2022 shall be applied to such payments so that with respect to the period beginning on April 1, 2022, and ending on June 30, 2022, the payment reduction shall be 1.0 percent.
(D) On the date on which the President submits the budget under section 1105 of title 31 for fiscal year 2032, the President shall order a sequestration of payments for the Medicare programs specified in section 906(d) of this title, effective upon issuance, such that, notwithstanding the 2 percent limit specified in subparagraph (A) for such payments—
(i) with respect to the first 8 months in which such order is effective for such fiscal year, the payment reduction shall be 2.0 percent; and
(ii) with respect to the last 4 months in which such order is effective for such fiscal year, the payment reduction shall be 0 percent.
(E) The sequestration order issued by the President under subparagraph (D) shall also include, effective upon issuance, that—
(i) the percentage reduction for nonexempt direct spending for the defense function is 4.0 percent; and
(ii) except as provided in subparagraph (D), the percentage reduction for nonexempt direct spending for nondefense functions is 2.8 percent.
(7) Adjustment for Medicare
If the percentage reduction for the Medicare programs would exceed 2 percent for a fiscal year in the absence of paragraph (6), OMB shall increase the reduction for all other discretionary appropriations and direct spending under paragraph (4) by a uniform percentage to a level sufficient to achieve the reduction required by paragraph (4) in the non-defense function.
(8) Implementation of reductions
Any reductions imposed under this section shall be implemented in accordance with section 906(k) of this title.
(9) Report
On the dates specified in paragraph (2), OMB shall submit a report to Congress containing information about the calculations required under this section, the adjusted discretionary spending limits, a listing of the reductions required for each nonexempt direct spending account, and any other data and explanations that enhance public understanding of this title 1 and actions taken under it.
(10) Implementing direct spending reductions for fiscal years 2014 and 2015
(A) OMB shall make the calculations necessary to implement the direct spending reductions calculated pursuant to paragraphs (3) and (4) without regard to the amendment made to section 901(c) of this title revising the discretionary spending limits for fiscal years 2014 and 2015 by the Bipartisan Budget Act of 2013.
(B) Paragraph (5)(B) shall not be implemented for fiscal years 2014 and 2015.
(11) Implementing direct spending reductions for fiscal years 2016 and 2017
(A) OMB shall make the calculations necessary to implement the direct spending reductions calculated pursuant to paragraphs (3) and (4) without regard to the amendment made to section 901(c) of this title revising the discretionary spending limits for fiscal years 2016 and 2017 by the Bipartisan Budget Act of 2015.
(B) Paragraph (5)(B) shall not be implemented for fiscal years 2016 and 2017.
(12) Implementing direct spending reductions for fiscal years 2018 and 2019
(A) OMB shall make the calculations necessary to implement the direct spending reductions calculated pursuant to paragraphs (3) and (4) without regard to the amendment made to section 901(c) of this title revising the discretionary spending limits for fiscal years 2018 and 2019 by the Bipartisan Budget Act of 2018.
(B) Paragraph (5)(B) shall not be implemented for fiscal years 2018 and 2019.
(13) Implementing direct spending reductions for fiscal years 2020 and 2021
(A) OMB shall make the calculations necessary to implement the direct spending reductions calculated pursuant to paragraphs (3) and (4) without regard to the amendment made to section 901(c) of this title revising the discretionary spending limits for fiscal years 2020 and 2021 by the Bipartisan Budget Act of 2019.
(B) Paragraph (5)(B) shall not be implemented for fiscal years 2020 and 2021.
(Pub. L. 99–177, title II, §251A, as added Pub. L. 112–25, title III, §302(a), Aug. 2, 2011, 125 Stat. 256; amended Pub. L. 112–240, title IX, §901(a), (c), Jan. 2, 2013, 126 Stat. 2370; Pub. L. 113–67, div. A, title I, §101(b), (c), (d)(2), div. B, title II, §1205, Dec. 26, 2013, 127 Stat. 1167, 1168, 1200; Pub. L. 113–82, §1, Feb. 15, 2014, 128 Stat. 1009; Pub. L. 113–93, title II, §222, Apr. 1, 2014, 128 Stat. 1077; Pub. L. 114–74, title I, §101(b), (c), Nov. 2, 2015, 129 Stat. 586; Pub. L. 115–123, div. C, title I, §30101(b), (c), Feb. 9, 2018, 132 Stat. 123; Pub. L. 116–37, title I, §101(d), title IV, §402, Aug. 2, 2019, 133 Stat. 1050, 1058; Pub. L. 116–136, div. A, title III, §3709(b), Mar. 27, 2020, 134 Stat. 422; Pub. L. 117–7, §1(b), Apr. 14, 2021, 135 Stat. 251; Pub. L. 117–58, div. I, §90001, Nov. 15, 2021, 135 Stat. 1341; Pub. L. 117–71, §2(b), Dec. 10, 2021, 135 Stat. 1506; Pub. L. 117–328, div. FF, title IV, §4163, Dec. 29, 2022, 136 Stat. 5931; Pub. L. 118–31, div. A, title XVIII, §1852, Dec. 22, 2023, 137 Stat. 709; Pub. L. 118–42, div. G, title III, §303, Mar. 9, 2024, 138 Stat. 452; Pub. L. 118–47, div. G, title I, §109, Mar. 23, 2024, 138 Stat. 857.)
Editorial Notes
References in Text
Section 401(b)(3)(B)(i)(II) of the Budget Control Act of 2011, referred to in par. (1)(B), is section 401(b)(3)(B)(i)(II) of title IV of Pub. L. 112–25, which is set out in a note under section 900 of this title.
This title, referred to in par. (9), means title II (§200 et seq.) of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, known as the Balanced Budget and Emergency Deficit Control Act of 1985. For complete classification of this Act to the Code, see Short Title note set out under section 900 of this title and Tables.
The Bipartisan Budget Act of 2013, referred to in par. (10)(A), is div. A of Pub. L. 113–67, Dec. 26, 2013, 127 Stat. 1165. For complete classification of this Act to the Code, see Short Title of 2013 Amendment note set out under section 900 of this title and Tables.
The Bipartisan Budget Act of 2015, referred to in par. (11)(A), is Pub. L. 114–74, Nov. 2, 2015, 129 Stat. 584. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 1 of Title 26, Internal Revenue Code, and Tables.
The Bipartisan Budget Act of 2018, referred to in par. (12)(A), is Pub. L. 115–123, Feb. 9, 2018, 132 Stat. 64. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 1305 of Title 42, The Public Health and Welfare, and Tables.
The Bipartisan Budget Act of 2019, referred to in par. (13)(A), is Pub. L. 116–37, Aug. 2, 2019, 133 Stat. 1049. For complete classification of this Act to the Code, see Short Title of 2019 Amendment note set out under section 900 of this title and Tables.
Prior Provisions
A prior section 901a, Pub. L. 99–177, title II, §251A, as added Pub. L. 103–322, title XXXI, §310001(g)(1), Sept. 13, 1994, 108 Stat. 2104, related to sequestration with respect to Violent Crime Reduction Trust Fund, prior to repeal by Pub. L. 105–33, title X, §10204(a)(1), Aug. 5, 1997, 111 Stat. 702.
Amendments
2024—Par. (6)(D)(i). Pub. L. 118–42, §303(1), substituted "8 months" for "7 months".
Par. (6)(D)(ii). Pub. L. 118–42, §303(2), substituted "4 months" for "5 months".
Par. (6)(E). Pub. L. 118–47 added subpar. (E).
2023—Par. (6)(D)(i). Pub. L. 118–31, §1852(1), substituted "7 months" for "6 months".
Par. (6)(D)(ii). Pub. L. 118–31, §1852(2), substituted "last 5 months" for "second 6 months".
2022—Par. (6)(B). Pub. L. 117–328, §4163(1), in introductory provisions, substituted "On the date on which the President submits the budget under section 1105 of title 31" for "On the dates OMB issues its sequestration preview reports" and struck out "pursuant to section 904(c) of this title," before "the President shall order a sequestration".
Par. (6)(C). Pub. L. 117–328, §4163(2), realigned margins.
Par. (6)(D). Pub. L. 117–328, §4163(3), (4), added subpar. (D) and struck out former subpar. (D) which read as follows: "Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 906(d) of this title, the sequestration order of the President under such subparagraph for fiscal year 2030 shall be applied to such payments so that—
"(i) with respect to the first 6 months in which such order is effective for such fiscal year, the payment reduction shall be 2.25 percent; and
"(ii) with respect to the second 6 months in which such order is so effective for such fiscal year, the payment reduction shall be 3 percent."
Par. (6)(E). Pub. L. 117–328, §4163(3), struck out subpar. (E) which read as follows: "Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 906(d) of this title, the sequestration order of the President under such subparagraph for fiscal year 2031 shall be applied to such payments so that—
"(i) with respect to the first 6 months in which such order is effective for such fiscal year, the payment reduction shall be 4.0 percent; and
"(ii) with respect to the second 6 months in which such order is so effective for such fiscal year, the payment reduction shall be 0 percent."
2021—Par. (6)(B). Pub. L. 117–58, §90001(1), substituted "2031" for "2030" in introductory provisions.
Par. (6)(C). Pub. L. 117–71, §2(b)(2), added subpar. (C). Former subpar. (C) redesignated (E).
Pub. L. 117–58, §90001(2)(A), substituted "2031" for "2030" in introductory provisions.
Par. (6)(C)(i). Pub. L. 117–58, §90001(2)(B), substituted "6" for "5 ½", "4.0" for "2.0", and "; and" for semicolon at end.
Pub. L. 117–7, §1(b)(1), substituted "first 5 ½ months" for "first 6 months" and "2.0 percent" for "4.0 percent" and struck out "and" at end.
Par. (6)(C)(ii). Pub. L. 117–58, §90001(2)(C), substituted "second 6 months" for "6-month period beginning on the day after the last day of the period described in clause (i)", "0" for "4.0", and a period for "; and" at end.
Pub. L. 117–7, §1(b)(2), substituted "6-month period beginning on the day after the last day of the period described in clause (i)" for "second 6 months" and "4.0 percent; and" for "0.0 percent."
Par. (6)(C)(iii). Pub. L. 117–58, §90001(2)(D), struck out cl. (iii) which read as follows: "with respect to the remaining ½ month in which such order is so effective for such fiscal year, the payment reduction shall be 0.0 percent."
Pub. L. 117–7, §1(b)(3), added cl. (iii).
Par. (6)(D). Pub. L. 117–71, §2(b)(2), added subpar. (D).
Par. (6)(E). Pub. L. 117–71, §2(b)(1), redesignated subpar. (C) as (E).
2020—Par. (6)(B). Pub. L. 116–136, §3709(b)(1), substituted "through 2030" for "through 2029" in introductory provisions.
Par. (6)(C). Pub. L. 116–136, §3709(b)(2), substituted "fiscal year 2030" for "fiscal year 2029" in introductory provisions.
2019—Par. (5)(B). Pub. L. 116–37, §101(d)(1), substituted "(12), and (13)" for "and (12)" in introductory provisions.
Par. (6)(B). Pub. L. 116–37, §402(1), substituted "fiscal years 2022 through 2029" for "fiscal years 2022 through 2027" in introductory provisions.
Par. (6)(C). Pub. L. 116–37, §402(2), substituted "fiscal year 2029" for "fiscal year 2027" in introductory provisions.
Par. (13). Pub. L. 116–37, §101(d)(2), added par. (13).
2018—Par. (5)(B). Pub. L. 115–123, §30101(b)(1), substituted ", (11), and (12)" for "and (11)" in introductory provisions.
Par. (6)(B). Pub. L. 115–123, §30101(c)(1), substituted "for each of fiscal years 2022 through 2027" for "for fiscal year 2022, for fiscal year 2023, for fiscal year 2024, and for fiscal year 2025" in introductory provisions.
Par. (6)(C). Pub. L. 115–123, §30101(c)(2), substituted "fiscal year 2027" for "fiscal year 2025" in introductory provisions.
Par. (12). Pub. L. 115–123, §30101(b)(2), added par. (12).
2015—Par. (5)(B). Pub. L. 114–74, §101(b)(1), substituted "paragraphs (10) and (11)" for "paragraph (10)".
Par. (6)(B). Pub. L. 114–74, §101(c)(1), in introductory provisions, substituted "for fiscal year 2024, and for fiscal year 2025" for "and for fiscal year 2024".
Par. (6)(C), (D). Pub. L. 114–74, §101(c)(2), (3), redesignated subpar. (D) as (C), substituted "fiscal year 2025" for "fiscal year 2024" in introductory provisions, and struck out former subpar. (C) which read as follows: "Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 906(d) of this title, the sequestration order of the President under such subparagraph for fiscal year 2023 shall be applied to such payments so that—
"(i) with respect to the first 6 months in which such order is effective for such fiscal year, the payment reduction shall be 2.90 percent; and
"(ii) with respect to the second 6 months in which such order is so effective for such fiscal year, the payment reduction shall be 1.11 percent."
Par. (11). Pub. L. 114–74, §101(b)(2), added par. (11).
2014—Par. (6)(B). Pub. L. 113–82 substituted ", for fiscal year 2023, and for fiscal year 2024" for "and for fiscal year 2023".
Par. (6)(D). Pub. L. 113–93 added subpar. (D).
2013—Pub. L. 113–67, §101(d)(2)(A), in introductory provisions substituted "Discretionary appropriations and direct spending accounts shall be reduced in accordance with this section as follows:" for "Unless a joint committee bill achieving an amount greater than $1,200,000,000,000 in deficit reduction as provided in section 401(b)(3)(B)(i)(II) of the Budget Control Act of 2011 is enacted by January 15, 2012, the discretionary spending limits listed in section 901(c) of this title shall be revised, and discretionary appropriations and direct spending shall be reduced, as follows:".
Par. (1). Pub. L. 113–67, §101(d)(2)(B), (C), redesignated par.(3) as (1) and struck out former par. (1) which defined "revised security category" as discretionary appropriations in budget function 050 and "revised nonsecurity category" as discretionary appropriations other than in budget function 050.
Par. (2). Pub. L. 113–67, §101(d)(2)(B)–(D), redesignated par. (4) as (2), substituted "paragraph (1)" for "paragraph (3)", and struck out former par. (2) which revised discretionary spending limits under section 901(c) of this title for fiscal years 2013 through 2021.
Par. (3). Pub. L. 113–67, §101(d)(2)(C), (E), redesignated par. (5) as (3) and substituted "paragraph (2)" for "paragraph (4)" in two places. Former par. (3) redesignated (1).
Par. (3)(E). Pub. L. 112–240, §901(a), added subpar. (E).
Par. (4). Pub. L. 113–67, §101(d)(2)(C), (F), redesignated par. (6) as (4) and substituted "paragraph (2)" for "paragraph (4)" in two places. Former par. (4) redesignated (2).
Pub. L. 112–240, §901(c)(1), substituted "March 1, 2013" for "January 2, 2013".
Par. (5). Pub. L. 113–67, §101(d)(2)(C), (G), redesignated par. (7) as (5) and substituted "paragraph (3)" for "paragraph (5)" in two places and "paragraph (4)" for "paragraph (6)" in two places. Former par. (5) redesignated (3).
Par. (5)(B). Pub. L. 113–67, §101(b)(2), substituted "Except as provided by paragraph (10), on" for "On" in introductory provisions.
Par. (6). Pub. L. 113–67, §101(d)(2)(C), (H), redesignated par. (8) as (6) and, in subpar. (A), substituted "paragraph (2)" for "paragraph (4)" and "paragraphs (3) and (4)" for "paragraphs (5) and (6)". Former par. (6) redesignated (4).
Pub. L. 113–67, §101(c), designated existing provisions as subpar. (A) and added subpar. (B).
Par. (6)(C). Pub. L. 113–67, §1205, added subpar. (C).
Par. (7). Pub. L. 113–67, §101(d)(2)(C), (I), redesignated par. (9) as (7), substituted "paragraph (6)" for "paragraph (8)", and substituted "paragraph (4)" for "paragraph (6)" in two places. Former par. (7) redesignated (5).
Par. (7)(A). Pub. L. 112–240, §901(c)(2), substituted "March 1, 2013" for "January 2, 2013" in introductory provisions.
Par. (8). Pub. L. 113–67, §101(d)(2)(C), redesignated par. (10) as (8). Former par. (8) redesignated (6).
Par. (9). Pub. L. 113–67, §101(d)(2)(C), (J), redesignated par. (11) as (9) and substituted "paragraph (2)" for "paragraph (4)". Former par. (9) redesignated (7).
Par. (10). Pub. L. 113–67, §101(b)(1), added par. (10). Former par. (10) redesignated (8).
Par. (11). Pub. L. 113–67, §101(d)(2)(C), redesignated par. (11) as (9).
Statutory Notes and Related Subsidiaries
Temporary Suspension and Adjustment of Medicare Sequestration
Pub. L. 116–136, div. A, title III, §3709(a), Mar. 27, 2020, 134 Stat. 421, as amended by Pub. L. 116–260, div. N, title I, §102(a), Dec. 27, 2020, 134 Stat. 1950; Pub. L. 117–7, §1(a)(1), Apr. 14, 2021, 135 Stat. 251; Pub. L. 117–71, §2(a)(1), Dec. 10, 2021, 135 Stat. 1506, provided that: "During the period beginning on May 1, 2020 and ending on March 31, 2022, the Medicare programs under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) shall be exempt from reduction under any sequestration order issued before, on, or after the date of enactment of this Act [Mar. 27, 2020]."
[Pub. L. 117–71, §2(a)(2), Dec. 10, 2021, 135 Stat. 1506, provided that: "The amendments made by paragraph (1) [amending section 3709(a) of Pub. L. 116–136, set out above] shall take effect as if enacted as part of the CARES Act (Public Law 116–136)."]
[Pub. L. 117–7, §1(a)(2), Apr. 14, 2021, 135 Stat. 251, provided that: "The amendment made by paragraph (1) [amending section 3709(a) of Pub. L. 116–136, set out above] shall take effect as if enacted as part of the CARES Act (Public Law 116–136)."]
[Pub. L. 116–260, div. N, title I, §102(b), Dec. 27, 2020, 134 Stat. 1950, provided that: "The amendment made by subsection (a) [amending section 3709(a) of Pub. L. 116–136, set out above] shall take effect as if enacted as part of the CARES Act (Public Law 116–136)."]
2013 Sequester
Pub. L. 112–240, title IX, §901(e), Jan. 2, 2013, 126 Stat. 2370, provided that: "On March 1, 2013, the President shall order a sequestration for fiscal year 2013 pursuant to section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901a], as amended by this section, pursuant to which, only for the purposes of the calculation in sections 251A(5)(A), 251A(6)(A), and 251A(7)(A), section 251(c)(2) [former 2 U.S.C. 901(c)(2)] shall be applied as if it read as follows:
" '(2) For fiscal year 2013—
" '(A) for the security category, $544,000,000,000 in budget authority; and
" '(B) for the nonsecurity category, $499,000,000,000 in budget authority;'."
Executive Documents
Sequestration Order for Fiscal Year 2025 Pursuant to Section 251A of the Balanced Budget and Emergency Deficit Control Act, as Amended
Order of President of the United States, dated Mar. 11, 2024, 89 F.R. 18531, provided:
By the authority vested in me as President by the laws of the United States of America, and in accordance with section 251A of the Balanced Budget and Emergency Deficit Control Act (the "Act"), as amended, 2 U.S.C. 901a, I hereby order that, on October 1, 2024, direct spending budgetary resources for fiscal year 2025 in each non-exempt budget account be reduced by the amount calculated by the Office of Management and Budget in its report to the Congress of March 11, 2024.
All sequestrations shall be made in strict accordance with the requirements of section 251A of the Act and the specifications of the Office of Management and Budget's report of March 11, 2024, prepared pursuant to section 251A(9) of the Act.
J.R. Biden, Jr.
Sequestration orders pursuant to this section for prior fiscal years were contained in the following:
2024—Order of President of the United States, dated Mar. 13, 2023, 88 F.R. 16171.
2023—Order of President of the United States, dated Mar. 28, 2022, 87 F.R. 18603.
2022—Order of President of the United States, dated May 28, 2021, 86 F.R. 29927.
2021—Order of President of the United States, dated Feb. 10, 2020, 85 F.R. 8129.
2020—Order of President of the United States, dated Mar. 18, 2019, 84 F.R. 10401.
2019—Order of President of the United States, dated Feb. 12, 2018, 83 F.R. 6789.
2018—Order of President of the United States, dated May 23, 2017, 82 F.R. 24209.
2017—Order of President of the United States, dated Feb. 9, 2016, 81 F.R. 7693.
2016—Order of President of the United States, dated Feb. 2, 2015, 80 F.R. 6645.
2015—Order of President of the United States, dated Mar. 10, 2014, 79 F.R. 14365.
2014—Order of President of the United States, dated Apr. 10, 2013, 78 F.R. 22409.
2013—Order of President of the United States, dated Mar. 1, 2013, 78 F.R. 14633.
1 See References in Text note below.
§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);
(B) the estimated amount of savings in direct spending programs applicable to the 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) 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) 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) 1 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) of this title (guaranteed and direct student loans) and 906(c) 1 of this title (foster care and adoption assistance) 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 subsection (b); except that the medicare programs specified in section 906(d) of this title shall not be reduced by more than 4 percent and the uniform percentage applicable to all other direct spending programs under this paragraph shall be increased (if necessary) to a level sufficient to achieve the required reduction in direct spending.
(ii) For purposes of determining reductions under clause (i), outlay reductions (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration.
(2) For purposes of this subsection, accounts shall be assumed to be at the level in the baseline.
(d) Estimates
(1) CBO estimates
As soon as practicable after Congress completes action on any direct spending or receipts legislation, CBO shall provide an estimate to OMB of that legislation.
(2) OMB estimates
Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any direct spending or receipts legislation, OMB shall transmit a report to the House of Representatives and to the Senate containing—
(A) the CBO estimate of that legislation;
(B) an OMB estimate of that legislation using current economic and technical assumptions; and
(C) an explanation of any difference between the 2 estimates.
(3) Significant differences
If during the preparation of the report under paragraph (2) OMB determines that there is a significant difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report.
(4) Scope of estimates
The estimates under this section shall include the amount of change in outlays or receipts for the current year (if applicable), the budget year, and each outyear excluding any amounts resulting from—
(A) full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates; and
(B) emergency provisions as designated under subsection (e).
(5) Scorekeeping guidelines
OMB and CBO, after consultation with each other and the Committees on the Budget of the House of Representatives and the Senate, shall—
(A) determine common scorekeeping guidelines; and
(B) in conformance with such guidelines, prepare estimates under this section.
(e) Emergency legislation
If a provision of direct spending or receipts legislation is enacted that the President designates as an emergency requirement and that the Congress so designates in statute, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d). This subsection shall not apply to direct spending provisions to cover agricultural crop disaster assistance.
(Pub. L. 99–177, title II, §252, Dec. 12, 1985, 99 Stat. 1072; Pub. L. 100–119, title I, §102(a), Sept. 29, 1987, 101 Stat. 764; Pub. L. 100–203, title VIII, §8003(e), Dec. 22, 1987, 101 Stat. 1330–282; Pub. L. 101–508, title XIII, §13101(a), Nov. 5, 1990, 104 Stat. 1388–581; Pub. L. 103–66, title XIV, §14003(a), Aug. 10, 1993, 107 Stat. 684; Pub. L. 103–354, title I, §119(d)(2), Oct. 13, 1994, 108 Stat. 3208; Pub. L. 105–33, title X, §10205, Aug. 5, 1997, 111 Stat. 702; Pub. L. 113–67, div. A, title I, §121(1), (2), Dec. 26, 2013, 127 Stat. 1174, 1175.)
Editorial Notes
References in Text
Section 906(a) of this title, referred to in subsec. (c)(1)(A), was repealed by Pub. L. 111–139, title I, §10(a), Feb. 12, 2010, 124 Stat. 21.
Section 906(c) of this title, referred to in subsec. (c)(1)(B), was repealed by Pub. L. 111–139, title I, §10(c), Feb. 12, 2010, 124 Stat. 22.
Amendments
2013—Subsec. (b)(2)(B). Pub. L. 113–67, §121(1), substituted "applicable to the budget year" for "applicable to budget year".
Subsec. (c)(1)(C)(i). Pub. L. 113–67, §121(2), substituted "subsection (b)" for "paragraph (1)".
1997—Subsec. (a). Pub. L. 105–33, §10205(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "The purpose of this section is to assure that any legislation (enacted after November 5, 1990) affecting direct spending or receipts that increases the deficit in any fiscal year covered by this Act will trigger an offsetting sequestration."
Subsec. (b). Pub. L. 105–33, §10205(1), added subsec. (b) and struck out heading and text of former subsec. (b) which required sequestrations at the end of a session of Congress to offset amount of any net deficit increase in that fiscal year and prior fiscal year caused by all direct spending and receipts legislation enacted after Nov. 5, 1990.
Subsec. (c)(1)(B). Pub. L. 105–33, §10205(2), inserted "and direct" after "guaranteed".
Subsec. (d). Pub. L. 105–33, §10205(3), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: "As soon as practicable after Congress completes action on any direct spending or receipts legislation enacted after November 5, 1990, after consultation with the Committees on the Budget of the House of Representatives and the Senate, CBO shall provide OMB with an estimate of the amount of change in outlays or receipts, as the case may be, in each fiscal year through fiscal year 1998 resulting from that legislation. Within 5 calendar days after the enactment of any direct spending or receipts legislation enacted after November 5, 1990, OMB shall transmit a report to the House of Representatives and to the Senate containing such CBO estimate of that legislation, an OMB estimate of the amount of change in outlays or receipts, as the case may be, in each fiscal year through fiscal year 1998 resulting from that legislation, and an explanation of any difference between the two estimates. Those OMB estimates shall be made using current economic and technical assumptions. 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."
Subsec. (e). Pub. L. 105–33, §10205(4), struck out ", for any fiscal year from 1991 through 1998," after "If" and "through 1995" after "receipts in all fiscal years".
1994—Subsec. (e). Pub. L. 103–354 inserted at end "This subsection shall not apply to direct spending provisions to cover agricultural crop disaster assistance."
1993—Subsec. (a). Pub. L. 103–66, §14003(a)(1), which directed the substitution of "Fiscal year 1992–1998 enforcement" for "Fiscal year 1992–1995 enforcement" in heading, was executed by substituting "Fiscal years 1992–1998 enforcement" for "Fiscal years 1992–1995 enforcement", to reflect the probable intent of Congress.
Subsec. (d). Pub. L. 103–66, §14003(a)(2), substituted "through fiscal year 1998" for "through fiscal year 1995" in two places.
Subsec. (e). Pub. L. 103–66, §14003(a)(3), substituted "for any fiscal year from 1991 through 1998" for "for fiscal year 1991, 1992, 1993, 1994, or 1995".
1990—Pub. L. 101–508 amended section generally, substituting subsecs. (a) to (e) relating to enforcement of pay-as-you-go for former subsecs. (a) to (g) relating to Presidential order.
1987—Pub. L. 100–119 amended section generally to reflect substitution of Director of OMB for Comptroller General as official submitting reports under section 901 of this title and to revise provisions relating to content of Presidential orders issued in accordance with those reports.
Subsec. (c)(2)(F)(ii). Pub. L. 100–203, §8003(e), substituted "proposed" for "made".
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–354, title I, §119(d)(2), Oct. 13, 1994, 108 Stat. 3208, provided that the amendment made by that section is effective Jan. 1, 1995.
Congressional Budget Office Excepted From Certain Requirements
Pub. L. 112–25, title I, §104(b), Aug. 2, 2011, 125 Stat. 246, provided that: "Sections 252(d)(1), 254(c), 254(f)(3), and 254(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902(d)(1), 904(c), (f)(3), (i)] shall not apply to the Congressional Budget Office."
Reduction of Preexisting Paygo Balances
Pub. L. 107–312, §1, Dec. 2, 2002, 116 Stat. 2456, provided that: "Upon enactment of this Act [Dec. 2, 2002], the Director of the Office of Management and Budget shall reduce any balances of direct spending and receipts legislation for all fiscal years under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] to zero."
Pay-As-You-Go Adjustment
Pub. L. 107–117, div. C, §102, Jan. 10, 2002, 115 Stat. 2342, provided that in preparing the final sequestration report for fiscal year 2002 required by section 904(f)(3) of this title, the Director of the Office of Management and Budget should change any balance of direct spending and receipts legislation for fiscal years 2001 and 2002 under this section to zero.
Conforming Paygo Scorecard With Transportation Equity Act for 21st Century
Pub. L. 105–178, title VIII, §8102, June 9, 1998, 112 Stat. 492, as amended by Pub. L. 105–206, title IX, §9013(c), July 22, 1998, 112 Stat. 865, provided that: "Upon the enactment of this Act [June 9, 1998], the Director of the Office of Management and Budget shall not make any estimates under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902(d)] of changes in direct spending outlays and receipts for any fiscal year resulting from this title [see Tables for classification] or from section 1102 of this Act [former 23 U.S.C. 104 note]."
Reduction of Preexisting Balances and Exclusion of Effects of Pub. L. 105–33 From Paygo Scorecard
Pub. L. 105–33, title X, §10213, Aug. 5, 1997, 111 Stat. 712, provided that: "Upon the enactment of this Act [Aug. 5, 1997], the Director of the Office of Management and Budget shall—
"(1) reduce any balances of direct spending and receipts legislation for any fiscal year under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] to zero; and
"(2) not make any estimates of changes in direct spending outlays and receipts under subsection (d) of that section for any fiscal year resulting from the enactment of this Act [see Tables for classification] or of the Taxpayer Relief Act of 1997 [Pub. L. 105–34, see Tables for classification]."
Reduction of Direct Spending and Receipts Legislation Balances
Pub. L. 103–66, title XIV, §14003(c), Aug. 10, 1993, 107 Stat. 685, provided that: "Upon enactment of this Act [Aug. 10, 1993], the director of the Office of Management and Budget shall reduce the balances of direct spending and receipts legislation applicable to each fiscal year under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] by an amount equal to the net deficit reduction achieved through the enactment in this Act [see Tables for classification] of direct spending and receipts legislation for that year."
1 See References in Text note below.
§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 of this title (enforcing discretionary spending limits) or section 902 of this title (enforcing pay-as-you-go), 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).
The "margin" for fiscal year 1992 or 1993 is zero and for fiscal year 1994 or 1995 is $15,000,000,000.
(c) Dividing 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), except that, if any military personnel are exempt, adjustments shall be made under the procedure set forth in section 901(a)(3) of this title.
(e) Non-defense
Actions to reduce non-defense accounts shall be taken in the following order:
(1) First
All reductions in automatic spending increases under section 906(a) 1 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) of this title (guaranteed student loans) and 906(c) 1 of this title (foster care and adoption assistance) 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), 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), 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), 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), as applicable, shall be subtracted from—
(A) the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation; and
(B) when a full-year appropriation for that account is enacted, from the amount otherwise provided by the full-year appropriation; except that the amount to be sequestered from that account shall be reduced (but not below zero) by the savings achieved by that appropriation when the enacted amount is less than the baseline for that account.
(g) Adjustments to maximum deficit amounts
(1) Adjustments
(A) When the President submits the budget for fiscal year 1992, the maximum deficit amounts for fiscal years 1992, 1993, 1994, and 1995 shall be adjusted to reflect up-to-date reestimates of economic and technical assumptions and any changes in concepts or definitions. When the President submits the budget for fiscal year 1993, the maximum deficit amounts for fiscal years 1993, 1994, and 1995 shall be further adjusted to reflect up-to-date reestimates of economic and technical assumptions and any changes in concepts or definitions.
(B) When submitting the budget for fiscal year 1994, the President may choose to adjust the maximum deficit amounts for fiscal years 1994 and 1995 to reflect up-to-date reestimates of economic and technical assumptions. If the President chooses to adjust the maximum deficit amount when submitting the fiscal year 1994 budget, the President may choose to invoke the same adjustment procedure when submitting the budget for fiscal year 1995. In each case, the President must choose between making no adjustment or the full adjustment described in paragraph (2). If the President chooses to make that full adjustment, then those procedures for adjusting discretionary spending limits described in sections 901(b)(1)(C) 1 and 901(b)(2)(E) 1 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 President's 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 1 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 1 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 November 5, 1990 (after adjusting for any sequestration of direct spending accounts) shall be calculated for each fiscal year by adding—
(i) the estimates of direct spending and receipts legislation transmitted under section 902(d) of this title applicable to each such fiscal year; and
(ii) the estimated amount of savings in direct spending programs applicable to each such fiscal year resulting from the prior year's sequestration under this section or section 902 of this title of direct spending, if any, as contained in OMB's final sequestration report for that year.
(C) The amount calculated under subparagraph (B) shall be subtracted from the amount calculated under subparagraph (A).
(D) The maximum deficit amount set forth in section 665 1 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, §253, Dec. 12, 1985, 99 Stat. 1078; Pub. L. 100–119, title I, §103, Sept. 29, 1987, 101 Stat. 775; Pub. L. 101–508, title XIII, §13101(a), Nov. 5, 1990, 104 Stat. 1388–583.)
Editorial Notes
References in Text
Section 906(a) of this title, referred to in subsec. (e)(1), was repealed by Pub. L. 111–139, title I, §10(a), Feb. 12, 2010, 124 Stat. 21.
Section 906(c) of this title, referred to in subsec. (e)(2), was repealed by Pub. L. 111–139, title I, §10(c), Feb. 12, 2010, 124 Stat. 22.
Section 901(b) of this title, referred to in subsec. (g)(1)(B), was amended by Pub. L. 105–33, title X, §10203(a)(4), Aug. 5, 1997, 111 Stat. 699; Pub. L. 105–178, title VIII, §8101(d), June 9, 1998, 112 Stat. 490; Pub. L. 109–59, title VIII, §8002, Aug. 10, 2005, 119 Stat. 1916; and Pub. L. 112–25, title I, §101, Aug. 2, 2011, 125 Stat. 241, and as so amended, no longer contains par. (1)(C) or (2)(E).
Section 665 of this title, referred to in subsec. (g)(1), (2)(A), (D), was repealed by Pub. L. 105–33, title X, §10118(a), Aug. 5, 1997, 111 Stat. 695.
Codification
November 5, 1990, referred to in subsec. (g)(2)(B), was in the original "the date of enactment of this section", which was translated as meaning the date of enactment of Pub. L. 101–508, which amended this section generally, to reflect the probable intent of Congress.
Amendments
1990—Pub. L. 101–508 amended section generally, substituting provisions relating to enforcement of deficit targets for provisions relating to compliance report by Comptroller General.
1987—Pub. L. 100–119 amended section generally, designating existing provisions as par. (1), substituting "(or December 15, 1987, in the case of the fiscal year 1988)" for "(or on or before April 1, 1986, in the case of the fiscal year 1986)", and adding pars. (2) and (3).
1 See References in Text note below.
§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 submission | CBO sequestration preview report. |
| The President's budget submission | OMB sequestration preview report. |
| August 10 | Notification regarding military personnel. |
| August 15 | CBO sequestration update report. |
| August 20 | OMB sequestration update report. |
| 10 days after end of session | CBO final sequestration report. |
| 15 days after end of session | OMB final sequestration report; Presidential order. |
(b) Submission and availability of reports
Each report required by this section shall be submitted, in the case of CBO, to the House of Representatives, the Senate and OMB and, in the case of OMB, to the House of Representatives, the Senate, and the President on the day it is issued. On the following day a notice of the report shall be printed in the Federal Register.
(c) Sequestration preview reports
(1) Reporting requirement
On the dates specified in subsection (a), 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 2025 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 section 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, the excess deficit, and the margin.
(B) The amount of reductions required under section 902 of this title, the excess deficit remaining after those reductions have been made, and the amount of reductions required from defense accounts and the reductions required from non-defense accounts.
(C) The sequestration percentage necessary to achieve the required reduction in defense accounts under section 903(d) of this title.
(D) The reductions required under sections 903(e)(1) and 903(e)(2) of this title.
(E) The sequestration percentage necessary to achieve the required reduction in non-defense accounts under section 903(e)(3) of this title.
The CBO report need not set forth the items other than the maximum deficit amount for fiscal year 1992, 1993, or any fiscal year for which the President notifies the House of Representatives and the Senate that he will adjust the maximum deficit amount under the option under section 903(g)(1)(B) of this title.
(5) Explanation of differences
The OMB reports shall explain the differences between OMB and CBO estimates for each item set forth in this subsection.
(d) Notification regarding military personnel
On or before the date specified in subsection (a), 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), OMB and CBO shall issue a sequestration update report, reflecting laws enacted through those dates, containing all of the information required in the sequestration preview reports. This report shall also contain a preview estimate of the adjustment for disaster funding for the upcoming fiscal year.
(f) Final sequestration reports
(1) Reporting requirement
On the dates specified in subsection (a), 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 2025 the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under section 901 of this title, including a final estimate of the adjustment for disaster funding.
(B) For the current year and the budget year the estimated new budget authority and outlays for each category and the breach, if any, in each category.
(C) For each category for which a sequestration is required, the sequestration percentages necessary to achieve the required reduction.
(D) For the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions.
(3) Pay-as-you-go and deficit sequestration reports
The final reports shall contain all the information required in the pay-as-you-go and deficit sequestration preview reports. In addition, these reports shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions. The reports shall also contain estimates of the effects on outlays of the sequestration in each outyear for direct spending programs.
(4) Explanation of differences
The OMB report shall explain any differences between OMB and CBO estimates of the amount of any net deficit change calculated under section 902(b) of this title, any excess deficit, any breach, and any required sequestration percentage. The OMB report shall also explain differences in the amount of sequesterable 1 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), 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 (f)(2). Fifteen days after enactment, OMB shall issue a report containing the information required in paragraphs (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.
(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 respects in which it does not.
(i) Low-growth report
At any time, CBO shall notify the Congress if—
(1) during the period consisting of the quarter during which such notification is given, the quarter preceding such notification, and the 4 quarters following such notification, CBO or OMB has determined that real economic growth is projected or estimated to be less than zero with respect to each of any 2 consecutive quarters within such period; or
(2) the most recent of the Department of Commerce's advance preliminary or final reports of actual real economic growth indicate that the rate of real economic growth for each of the most recently reported quarter and the immediately preceding quarter is less than one percent.
(j) Economic and technical assumptions
In all reports required by this section, OMB shall use the same economic and technical assumptions as used in the most recent budget submitted by the President under section 1105(a) of title 31.
(Pub. L. 99–177, title II, §254, Dec. 12, 1985, 99 Stat. 1078; Pub. L. 100–119, title I, §§102(b)(1), 106(e)(2), Sept. 29, 1987, 101 Stat. 773, 781; Pub. L. 101–508, title XIII, §13101(a), Nov. 5, 1990, 104 Stat. 1388–586; Pub. L. 103–66, title XIV, §§14002(c)(2), 14003(b), Aug. 10, 1993, 107 Stat. 684, 685; Pub. L. 103–322, title XXXI, §310001(g)(2), Sept. 13, 1994, 108 Stat. 2105; Pub. L. 104–316, title I, §102(d), Oct. 19, 1996, 110 Stat. 3828; Pub. L. 105–33, title X, §10206, Aug. 5, 1997, 111 Stat. 704; Pub. L. 112–25, title I, §103, Aug. 2, 2011, 125 Stat. 246; Pub. L. 113–67, div. A, title I, §121(3), (4), Dec. 26, 2013, 127 Stat. 1175; Pub. L. 118–5, div. A, title I, §101(c), June 3, 2023, 137 Stat. 13.)
Editorial Notes
Codification
November 5, 1990, referred to in subsec. (c)(3)(B), was in the original "the date of enactment of this section", which was translated as meaning the date of enactment of Pub. L. 101–508, which amended this section generally, to reflect the probable intent of Congress.
Amendments
2023—Subsec. (c)(2). Pub. L. 118–5, §101(c)(1), substituted "2025" for "2021".
Subsec. (f)(2)(A). Pub. L. 118–5, §101(c)(2), substituted "2025" for "2021".
2013—Subsec. (c)(3)(A). Pub. L. 113–67, §121(3), substituted "section 902(b)" for "subsection 902(b)".
Subsec. (f)(4). Pub. L. 113–67, §121(4), substituted "section 902(b)" for "subsection 902(b)".
2011—Subsec. (c)(2). Pub. L. 112–25, §103(1), substituted "2021" for "2002".
Subsec. (e). Pub. L. 112–25, §103(2), added "This report shall also contain a preview estimate of the adjustment for disaster funding for the upcoming fiscal year." at end.
Subsec. (f)(2)(A). Pub. L. 112–25, §103(3), substituted "2021" for "2002" and inserted ", including a final estimate of the adjustment for disaster funding" before period at end.
1997—Subsec. (c). Pub. L. 105–33, §10206(1), (2), redesignated subsec. (d) as (c), substituted "2002" for "1998" in par. (2), and struck out heading and text of former subsec. (c). Text read as follows: "With respect to budget year 1994 or 1995, on the date specified in subsection (a) of this section the President shall notify the House of Representatives and the Senate of his decision regarding the optional adjustment of the maximum deficit amount (as allowed under section 903(g)(1)(B) of this title)."
Subsec. (d). Pub. L. 105–33, §10206(1), (3), redesignated subsec. (e) as (d) and substituted "section 905(f)" for "section 905(h)". Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 105–33, §10206(1), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 105–33, §10206(1), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).
Subsec. (f)(2)(A). Pub. L. 105–33, §10206(4)(A), substituted "2002" for "1998".
Subsec. (f)(3). Pub. L. 105–33, §10206(4)(B), struck out "through 1998" after "each outyear".
Subsec. (f)(4) to (6). Pub. L. 105–33, §10206(4)(C), redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out heading and text of former par. (4). Text read as follows: "The final reports shall set forth for the budget year estimates for each of the following:
"(A) The amount of budget authority appropriated from the Violent Crime Reduction Trust Fund and outlays resulting from those appropriations.
"(B) The sequestration percentage and reductions, if any, required under section 901a of this title."
Subsec. (g). Pub. L. 105–33, §10206(1), (5), redesignated subsec. (h) as (g) and substituted "paragraph (f)(2)" for "paragraph (g)(2)" and "paragraphs (f)(2) and (f)(4)" for "paragraphs (g)(2) and (g)(4)". Former subsec. (g) redesignated (f).
Subsecs. (h) to (k). Pub. L. 105–33, §10206(1), redesignated subsecs. (i) to (k) as (h) to (j), respectively. Former subsec. (h) redesignated (g).
1996—Subsec. (a). Pub. L. 104–316, §102(d)(1), struck out item at end of timetable relating to GAO compliance report.
Subsec. (i). Pub. L. 104–316, §102(d)(2), in introductory provisions substituted "Upon request of the Committee on the Budget of the House of Representatives or the Senate" for "On the date specified in subsection (a) of this section".
1994—Subsec. (g)(4) to (6). Pub. L. 103–322 added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.
1993—Subsecs. (d)(2), (g)(2)(A), (3). Pub. L. 103–66 substituted "1998" for "1995".
1990—Pub. L. 101–508 amended section generally, substituting provisions setting out timetable and requisite content of reports and orders developed as part of sequestration process for former provisions relating to special Congressional procedures in the event of recession, Congressional responses to Presidential orders, and treatment of certain resolutions as reconciliation bills.
1987—Subsec. (b)(1)(A). Pub. L. 100–119, §102(b)(1), substituted "the Director of OMB" for "the Comptroller General".
Subsec. (b)(1)(E). Pub. L. 100–119, §106(e)(2), inserted provisions relating to maximum deficit amount for fiscal year 1988 or 1989.
Statutory Notes and Related Subsidiaries
Congressional Budget Office Excepted From Certain Requirements
Subsections (c), (f)(3), and (i) of this section inapplicable to the Congressional Budget Office, see section 104(b) of Pub. L. 112–25, set out as a note under section 902 of this title.
Fiscal Year Deficit Control Measures
1991—Pub. L. 102–27, title IV, §401(b), Apr. 10, 1991, 105 Stat. 154, provided that: "Upon the enactment of this Act [Apr. 10, 1991], the order issued by the President on November 9, 1990 [set out below], pursuant to sections 251 and 254 of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, [2 U.S.C. 901, 904] is hereby rescinded. Any action taken to implement this order shall be reversed, and any sequestrable resource that has been reduced or sequestered by such order is hereby restored, revived, or released and shall be available to the same extent and for the same purpose as if the order had not been issued."
Pub. L. 101–508, title XIII, §13401, Nov. 5, 1990, 104 Stat. 1388–628, provided that:
"(a)
"(b)
"(c)
"(2) All obligations incurred in anticipation of the appropriations made and authority granted by House Joint Resolution 666 for the purposes of maintaining the essential level of activity to protect life and property and bringing about orderly termination of government functions are hereby ratified and approved if otherwise in accord with the provisions of that Act [Pub. L. 101–412, Oct. 9, 1990, 104 Stat. 894]."
Pub. L. 101–467, §105, Oct. 28, 1990, 104 Stat. 1087, provided that:
"(a) Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [Oct. 28, 1990] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] is suspended and no action shall be taken to implement any such order.
"(b) Subsection (a) shall cease to be effective on the date set forth in section 101(b)(B) [Nov. 5, 1990]."
Pub. L. 101–461, §113, Oct. 25, 1990, 104 Stat. 1078, provided that:
"(a) Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [Oct. 25, 1990] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] is suspended and no action shall be taken to implement any such order.
"(b) Subsection (a) shall cease to be effective on the date set forth in section 108(c) [Oct. 27, 1990]."
Pub. L. 101–444, §113, Oct. 19, 1990, 104 Stat. 1033, provided that:
"(a) Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [Oct. 19, 1990] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] is suspended and no action shall be taken to implement any such order.
"(b) Subsection (a) shall cease to be effective on the date set forth in section 108(c) [Oct. 24, 1990]."
Pub. L. 101–412, §113, Oct. 9, 1990, 104 Stat. 897, provided that:
"(a) Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [Oct. 9, 1990] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] is suspended and no action shall be taken to implement any such order.
"(b) Subsection (a) shall cease to be effective on the date set forth in section 108(c) [Oct. 19, 1990]."
Pub. L. 101–403, title I, §113, Oct. 1, 1990, 104 Stat. 870, provided that:
"(a) Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [Oct. 1, 1990] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] is suspended and no action shall be taken to implement any such order.
"(b) Subsection (a) shall cease to be effective on the date set forth in section 108(c) [Oct. 5, 1990]."
Final Order of the President of the United States, Nov. 9, 1990, 26 Weekly Compilation of Presidential Documents 1797, Nov. 12, 1990, provided:
By the authority vested in me as President by the statutes of the United States of America, including section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) [2 U.S.C. 904], as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100–119) and Title XIII of the Omnibus Reconciliation Act of 1990 (Public Law 101–508) (hereafter referred to as "the Act"), I hereby order that the following actions be taken immediately to implement the sequestrations and reductions determined by the Director of the Office of Management and Budget as set forth in his report dated November 9, 1990, under sections 251 and 254 of the Act [2 U.S.C. 901, 904]:
(1) Budgetary resources for each non-exempt account within the international category of discretionary spending shall be reduced as specified by the Director of the Office of Management and Budget in his report of November 9, 1990.
(2) Pursuant to sections 250(c)(6) and 251 [former 2 U.S.C. 900(c)(6), 2 U.S.C. 901], budgetary resources subject to sequestration shall be new budget authority; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; and obligation limitations.
(3) For accounts making commitments for guaranteed loans as authorized by substantive law, the head of each Department or agency is directed to reduce the level of such commitments or obligations to the extent necessary to conform to the limitations established by the Act [Pub. L. 99–177, title II, see Short Title note set out under 2 U.S.C. 900] and specified by the Director of the Office of Management and Budget in his report of November 9, 1990.
All sequestrations shall be made in strict accordance with the specifications of the November 9th report of the Director of the Office of Management and Budget and the requirements of sections 251 and 254.
George Bush.
Final Order of the President of the United States, Oct. 15, 1990, 55 F.R. 41977, provided:
By the authority vested in me as President by the statutes of the United States of America, including section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) [2 U.S.C. 902], as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100–119) (hereafter referred to as "the Act"), I hereby order that the following actions shall be taken to implement the sequestrations and reductions determined by the Director of the Office of Management and Budget as set forth in his report dated October 15, 1990, under section 251 of the Act [2 U.S.C. 901]:
(1) Each automatic spending increase that would, but for the provisions of the Act, take effect during fiscal year 1991 is permanently sequestered or reduced as provided in section 252.
(2) The following are sequestered as provided in section 252: new budget authority; unobligated balances; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; spending authority as defined in section 401(c)(2) of the Congressional Budget Act of 1974, as amended [2 U.S.C. 651(c)(2)]; and obligation limitations.
(3) For accounts making payments otherwise required by substantive law, the head of each Department or agency is directed to modify the calculation of each such payment to the extent necessary to reduce the estimate of total required payments for the fiscal year by the amount specified by the Director of the Office of Management and Budget in his report of October 15, 1990.
(4) For accounts making commitments for guaranteed loans as authorized by substantive law, the head of each Department or agency is directed to reduce the level of such commitments or obligations to the extent necessary to conform to the limitations established by the Act and specified by the Director of the Office of Management and Budget in his report of October 15, 1990.
All reductions and sequestrations shall be made in strict accordance with the specifications of the October 15th report of the Director of the Office of Management and Budget and the requirements of section 252(b).
This order supersedes the Initial Order issued on August 25, 1990 [see above].
This order shall be published in the Federal Register.
George Bush.
Initial Order of the President of the United States, Aug. 25, 1990, 55 F.R. 35133, which provided emergency deficit control measures for fiscal year 1991, was superseded by Final Order of the President, Oct. 15, 1990, 55 F.R. 41977, set out above.
1990—Pub. L. 101–239, title VI, §6001, Dec. 19, 1989, 103 Stat. 2139, provided that: "Notwithstanding any other provision of law (including section 11002 [set out below] or any other provision of this Act, other than section 6201 [set out below]), the reductions in the amount of payments required under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] made by the final sequester order issued by the President on October 16, 1989 [set out below], pursuant to section 252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902(b)] shall continue to be effective (as provided by sections 252(a)(4)(B) and 256(d)(2) of such Act [2 U.S.C. 902(a)(4)(B), 906(d)(2)]) through December 31, 1989, with respect to payments for items and services under part A of such title [42 U.S.C. 1395c et seq.] (including payments under section 1886 of such title [42 U.S.C. 1395ww] attributable or allocated to such part). Each such payment made for items and services provided during fiscal year 1990 after such date shall be increased by 1.42 percent above what it would otherwise be under this Act."
Pub. L. 101–239, title VI, §6101, Dec. 19, 1989, 103 Stat. 2168, provided that: "Notwithstanding any other provision of law (including any other provision of this Act, other than section 6201 [set out below]), the reductions in the amount of payments required under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] made by the final sequester order issued by the President on October 16, 1989, pursuant to section 252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902(b)] shall continue to be effective (as provided by sections 252(a)(4)(B) and 256(d)(2) of such Act [2 U.S.C. 902(a)(4)(B), 906(d)(2)]) through March 31, 1990, with respect to payments for items and services under part B of such title [42 U.S.C. 1395j et seq.]."
Pub. L. 101–239, title VI, §6201, Dec. 19, 1989, 103 Stat. 2225, provided that: "Notwithstanding any other provision of law (including section 11002 [set out below] or any other provision of this Act), the reductions in the amount of payments required under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] made by the final sequester order issued by the President on October 16, 1989 [set out below], pursuant to section 252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902(b)] shall continue to be effective (as provided by sections 252(a)(4)(B) and 256(d)(2) of such Act [2 U.S.C. 902(a)(4)(B), 906(d)(2)]) through December 31, 1989, with respect to payments under section 1833(a)(1)(A) or 1876 of the Social Security Act [42 U.S.C. 1395l(a)(1)(A), 1395mm], section 402 of the Social Security Amendments of 1967 [section 402 of Pub. L. 90–248, enacting 42 U.S.C. 1395b–1, and amending 42 U.S.C. 1395ll], or section 222 of the Social Security Amendments of 1972 [section 222 of Pub. L. 92–603, amending 42 U.S.C. 1395b–1 and enacting provisions set out as a note under 42 U.S.C. 1395b–1]. Each such payment made during fiscal year 1990 after such date shall be increased by 1.42 percent above what it would otherwise be under this Act."
Pub. L. 101–239, title XI, §11002, Dec. 19, 1989, 103 Stat. 2490, provided that:
"(a)
"(2) Except as otherwise provided in sections 6001, 6101, and 6201 [set out above], and subject to subsection (b), any action taken to implement the order issued by the President on October 16, 1989, shall be reversed, and any sequesterable budgetary resource that has been reduced or sequestered by such order is restored, revived, or released and shall be available to the same extent and for the same purposes as if an order had not been issued.
"(3) For purposes of section[s] 702(d) and 1101(c) of the Ethics Reform Act of 1989 [Pub. L. 101–194, 5 U.S.C. 5305 note, 2 U.S.C. 31–1 note], the order issued by the President on October 16, 1989, pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] is deemed to be rescinded on January 31, 1990.
"(b)
"(1) Before the close of the fifteenth calendar day beginning after the date of enactment of this Act [Dec. 19, 1989], the Director of OMB shall issue a revised report using the exact budget baseline set forth in the report of October 16, 1989 [set out below], and following the requirements, specifications, definitions, and calculations required by the Balanced Budget and Emergency Deficit Control Act of 1985 [Pub. L. 99–177, title II, see Short Title note set out under 2 U.S.C. 900] for the final report issued under section 251(c)(2) [former 2 U.S.C. 901(c)(2)] for fiscal year 1990, except that the aggregate outlay reduction to be achieved shall be an amount equal to $16.1 billion multiplied by 130 divided by 365. Calculations made to carry out the preceding sentence shall take into account the reductions and cancellations achieved by paragraphs (2) and (3) and shall not be affected by subsection (d).
"(2) Notwithstanding any provision of law other than this paragraph, the reductions and cancellations in the student loan programs described in section 256(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 906(c)] achieved by the order issued by the President on October 16, 1989, shall remain in effect through December 31, 1989, and no reductions or cancellations in such programs shall be made by the order issued under paragraph (4).
"(3) Notwithstanding any provision of law other than this paragraph, any automatic spending increase suspended or cancelled by the order issued by the President on October 16, 1989, shall be paid at a rate that is 130/365ths less than the rate that would have been paid under the laws providing for such automatic spending increase.
"(4) On the date that the Director submits a revised report to the President under paragraph (1) for fiscal year 1990, the President shall issue a new final order to make all of the reductions and cancellations specified in such report in conformity with section 252(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902(a)(2)]. Such order shall be deemed to have become effective on October 16, 1989.
"(c)
"(d)
New Final Order of the President of the United States, Dec. 27, 1989, 54 F.R. 53469, provided:
By the authority vested in me as President by the statutes of the United States of America, including section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) [2 U.S.C. 902], as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100–119) (hereafter referred to as "the Act"), and section 11002 of the Omnibus [Budget] Reconciliation Act of 1989 (Public Law 101–239) ("OBRA") [set out above], I hereby order that the following actions be taken to implement the sequestrations and reductions determined by the Director of the Office of Management and Budget as set forth in his report dated December 27, 1989, under section 251 of the Act [2 U.S.C. 901] and section 11002 of the OBRA:
(1) Each automatic spending increase that would, but for the provisions of the Act, take effect during fiscal year 1990 is permanently sequestered or reduced as provided in section 252 of the Act and section 11002 of OBRA.
(2) The following are sequestered as provided in section 252 of the Act and section 11002 of OBRA: new budget authority; unobligated balances; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; spending authority as defined in section 401(c)(2) of the Congressional Budget Act of 1974, as amended [2 U.S.C. 651(c)(2)]; and obligation limitations.
(3) For accounts making payments otherwise required by substantive law, the head of each department or agency is directed to modify the calculation of each such payment to the extent necessary to reduce the estimate of total required payments for the fiscal year by the amount specified by the Director of the Office of Management and Budget in his report of December 27, 1989.
(4) For accounts making commitments for guaranteed loans or obligations for direct loans as authorized by substantive law, the head of each department or agency is directed to reduce the level of such commitments or obligations to the extent necessary to conform to the limitations established by the Act and by OBRA and specified by the Director of the Office of Management and Budget in his report of December 27, 1989.
All reductions and sequestrations shall be made in strict accordance with the specifications of the December 27th report of the Director of the Office of Management and Budget and the requirements of section 252(b) of the Act and section 11002 of OBRA.
This order shall be deemed to have become effective on October 16, 1989, as provided in section 11002 of OBRA.
This order shall be published [in the] Federal Register.
George Bush.
Final Order of the President of the United States, Oct. 16, 1989, 54 F.R. 42795, which provided emergency deficit control measures for fiscal year 1990, was rescinded by section 11002(a) of Pub. L. 101–239, set out above, upon issuance of New Final Order of the President of the United States, Dec. 27, 1989, 54 F.R. 53469, set out above.
Initial Order of the President of the United States, Aug. 25, 1989, 54 F.R. 35627, which provided emergency deficit control measures for fiscal year 1990, was superseded by Final Order of the President, Oct. 16, 1989, 54 F.R. 42795.
1989—Final Order of the President of the United States, Oct. 15, 1988, 53 F.R. 40696.
Initial Order of the President of the United States, Aug. 25, 1988, 53 F.R. 32881.
1988—Pub. L. 100–203, title IV, §§4001, 4041(b), 4061, title VIII, §8002, Dec. 22, 1987, 101 Stat. 1330–42, 1330-84, 1330-100, 1330-281.
Pub. L. 100–202, §1, Dec. 22, 1987, 101 Stat. 1329.
Order of the President of the United States, Nov. 20, 1987, 52 F.R. 44960.
Order of the President of the United States, Oct. 20, 1987, 52 F.R. 39205.
1986—Pub. L. 99–366, July 31, 1986, 100 Stat. 773.
Pub. L. 99–349, title II, §202, July 2, 1986, 100 Stat. 748.
Pub. L. 99–255, Mar. 7, 1986, 100 Stat. 39, as amended by Pub. L. 99–322, §1, May 23, 1986, 100 Stat. 494.
Order of the President of the United States, Feb. 1, 1986, 51 F.R. 4291.
1 So in original. Probably should be "sequestrable".
§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 sections 231b and 231c 1 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:
All programs administered by the Department of Veterans Affairs.
Special benefits for certain World War II veterans (28–0401–0–1–701).
(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) Refundable income tax credits and certain elective payments
(1) Refundable income tax credits
Payments to individuals made pursuant to provisions of title 26 establishing refundable tax credits shall be exempt from reduction under any order issued under this subchapter.
(2) Certain elective payments
Payments made to taxpayers pursuant to elections under subsection (d) of section 48D of title 26, or amounts treated as payments which are made by taxpayers under paragraph (1) of such subsection, 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 (14–0412–0–1–808).
Advances to the Unemployment Trust Fund and Other Funds (16–0327–0–1–600).
Black Lung Disability Trust Fund Refinancing (16–0329–0–1–601).
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).
Claims, Judgments, and Relief Acts (20–1895–0–1–808).
Compact of Free Association (14–0415–0–1–808).
Compensation of the President (11–0209–01–1–802).
Comptroller of the Currency, Assessment Funds (20–8413–0–8–373).
Continuing Fund, Southeastern Power Administration (89–5653–0–2–271).
Continuing Fund, Southwestern Power Administration (89–5649–0–2–271).
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund.
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund.
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund.
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund 2
Dual Benefits Payments Account (60–0111–0–1–601).
Emergency Fund, Western Area Power Administration (89–5069–0–2–271).
Exchange Stabilization Fund (20–4444–0–3–155).
Farm Credit Administration Operating Expenses Fund (78–4131–0–3–351).
Farm Credit System Insurance Corporation, Farm Credit Insurance Fund (78–4171–0–3–351).
Federal Deposit Insurance Corporation, Deposit Insurance Fund (51–4596–0–4–373).
Federal Deposit Insurance Corporation, FSLIC Resolution Fund (51–4065–0–3–373).
Federal Deposit Insurance Corporation, Noninterest Bearing Transaction Account Guarantee (51–4458–0–3–373).
Federal Deposit Insurance Corporation, Senior Unsecured Debt Guarantee (51–4457–0–3–373).
Federal Home Loan Mortgage Corporation (Freddie Mac).
Federal Housing Finance Agency, Administrative Expenses (95–5532–0–2–371).
Federal National Mortgage Corporation (Fannie Mae).
Federal Payment to the District of Columbia Judicial Retirement and Survivors Annuity Fund (20–1713–0–1–752).
Federal Payment to the District of Columbia Pension Fund (20–1714–0–1–601).
Federal Payments to the Railroad Retirement Accounts (60–0113–0–1–601).
Federal Reserve Bank Reimbursement Fund (20–1884–0–1–803).
Financial Agent Services (20–1802–0–1–803).
Foreign Military Sales Trust Fund (11–8242–0–7–155).
Hazardous Waste Management, Conservation Reserve Program (12–4336–0–3–999).
Host Nation Support Fund for Relocation (97–8337–0–7–051).
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.
Medical Facilities Guarantee and Loan Fund (75–9931–0–3–551).
National Credit Union Administration, Central Liquidity Facility (25–4470–0–3–373).
National Credit Union Administration, Corporate Credit Union Share Guarantee Program (25–4476–0–3–376).
National Credit Union Administration, Credit Union Homeowners Affordability Relief Program (25–4473–0–3–371).
National Credit Union Administration, Credit Union Share Insurance Fund (25–4468–0–3–373).
National Credit Union Administration, Credit Union System Investment Program (25–4474–0–3–376).
National Credit Union Administration, Operating fund (25–4056–0–3–373).
National Credit Union Administration, Share Insurance Fund Corporate Debt Guarantee Program (25–4469–0–3–376).
National Credit Union Administration, U.S. Central Federal Credit Union Capital Program (25–4475–0–3–376).
Office of Thrift Supervision (20–4108–0–3–373).
Panama Canal Commission Compensation Fund (16–5155–0–2–602).
Payment of Vietnam and USS Pueblo prisoner-of-war claims within the Salaries and Expenses, Foreign Claims Settlement account (15–0100–0–1–153).
Payment to Civil Service Retirement and Disability Fund (24–0200–0–1–805).
Payment to Department of Defense Medicare-Eligible Retiree Health Care Fund (97–0850–0–1–054).
Payment to Judiciary Trust Funds (10–0941–0–1–752).
Payment to Military Retirement Fund (97–0040–0–1–054).
Payment to the Foreign Service Retirement and Disability Fund (19–0540–0–1–153).
Payments to Copyright Owners (03–5175–0–2–376).
Payments to Health Care Trust Funds (75–0580–0–1–571).
Payment to Radiation Exposure Compensation Trust Fund (15–0333–0–1–054).
Payments to Social Security Trust Funds (28–0404–0–1–651).
Payments to the United States Territories, Fiscal Assistance (14–0418–0–1–806).
Payments to trust funds from excise taxes or other receipts properly creditable to such trust funds.
Payments to widows and heirs of deceased Members of Congress (00–0215–0–1–801).
Postal Service Fund (18–4020–0–3–372).
Public Wireless Supply Chain Innovation Fund.
Radiation Exposure Compensation Trust Fund (15–8116–0–1–054).
Reimbursement to Federal Reserve Banks (20–0562–0–1–803).
Salaries of Article III judges.
Soldiers and Airmen's Home, payment of claims (84–8930–0–7–705).
Tennessee Valley Authority Fund, except nonpower programs and activities (64–4110–0–3–999).
Tribal and Indian trust accounts within the Department of the Interior which fund prior legal obligations of the Government or which are established pursuant to Acts of Congress regarding Federal management of tribal real property or other fiduciary responsibilities, including but not limited to Tribal Special Fund (14–5265–0–2–452), Tribal Trust Fund (14–8030–0–7–452), White Earth Settlement (14–2204–0–1–452), and Indian Water Rights and Habitat Acquisition (14–5505–0–2–303).
United Mine Workers of America 1992 Benefit Plan (95–8260–0–7–551).
United Mine Workers of America 1993 Benefit Plan (95–8535–0–7–551).
United Mine Workers of America Combined Benefit Fund (95–8295–0–7–551).
United States Enrichment Corporation Fund (95–4054–0–3–271).
Universal Service Fund (27–5183–0–2–376).
Vaccine Injury Compensation (75–0320–0–1–551).
Vaccine Injury Compensation Program Trust Fund (20–8175–0–7–551).
(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).
Contributions to U.S. Park Police annuity benefits, Other Permanent Appropriations (14–9924–0–2–303).
Court of Appeals for Veterans Claims Retirement Fund (95–8290–0–7–705).
Department of Defense Medicare-Eligible Retiree Health Care Fund (97–5472–0–2–551).
District of Columbia Federal Pension Fund (20–5511–0–2–601).
District of Columbia Judicial Retirement and Survivors Annuity Fund (20–8212–0–7–602).
Energy Employees Occupational Illness Compensation Fund (16–1523–0–1–053).
Foreign National Employees Separation Pay (97–8165–0–7–051).
Foreign Service National Defined Contributions Retirement Fund (19–5497–0–2–602).
Foreign Service National Separation Liability Trust Fund (19–8340–0–7–602).
Foreign Service Retirement and Disability Fund (19–8186–0–7–602).
Government Payment for Annuitants, Employees Health Benefits (24–0206–0–1–551).
Government Payment for Annuitants, Employee Life Insurance (24–0500–0–1–602).
Judicial Officers' Retirement Fund (10–8122–0–7–602).
Judicial Survivors' Annuities Fund (10–8110–0–7–602).
Military Retirement Fund (97–8097–0–7–602).
National Railroad Retirement Investment Trust (60–8118–0–7–601).
National Oceanic and Atmospheric Administration retirement (13–1450–0–1–306).
Pensions for former Presidents (47–0105–0–1–802).
Postal Service Retiree Health Benefits Fund (24–5391–0–2–551).
Public Safety Officer Benefits (15–0403–0–1–754).
Rail Industry Pension Fund (60–8011–0–7–601).
Retired Pay, Coast Guard (70–0602–0–1–403).
Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service (75–0379–0–1–551).
September 11th Victim Compensation Fund (15–0340–0–1–754).
Special Benefits for Disabled Coal Miners (16–0169–0–1–601).
Special Benefits, Federal Employees' Compensation Act (16–1521–0–1–600).
Special Workers Compensation Expenses (16–9971–0–7–601).
Tax Court Judges Survivors Annuity Fund (23–8115–0–7–602).
United States Court of Federal Claims Judges' Retirement Fund (10–8124–0–7–602).
United States Secret Service, DC Annuity (70–0400–0–1–751).
Victims Compensation Fund established under section 410 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note).
United States Victims of State Sponsored Terrorism Fund.
Voluntary Separation Incentive Fund (97–8335–0–7–051).
World Trade Center Health Program Fund (75–0946–0–1–551).
(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).
Check Forgery Insurance Fund (20–4109–0–3–803).
Credit liquidating accounts.
Credit reestimates.
Employees Life Insurance Fund (24–8424–0–8–602).
Federal 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).
Geothermal resources development fund (89–0206–0–1–271).
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).
Natural Resource Damage Assessment Fund (14–1618–0–1–302).
United States International Development Finance Corporation.
Pension Benefit Guaranty Corporation Fund (16–4204–0–3–601).
San Joaquin Restoration Fund (14–5537–0–2–301).
Servicemembers' Group Life Insurance Fund (36–4009–0–3–701).
Terrorism Insurance Program (20–0123–0–1–376).
(h) Low-income programs
The following programs shall be exempt from reduction under any order issued under this subchapter:
Academic Competitiveness/Smart Grant Program (91–0205–0–1–502).
Child Care Entitlement to States (75–1550–0–1–609).
Child Enrollment Contingency Fund (75–5551–0–2–551).
Child Nutrition Programs (with the exception of special milk programs) (12–3539–0–1–605).
Children's Health Insurance Fund (75–0515–0–1–551).
Commodity Supplemental Food Program (12–3507–0–1–605).
Contingency Fund (75–1522–0–1–609).
Family Support Programs (75–1501–0–1–609).
Federal Pell Grants under section 1070a of title 20.
Grants to States for Medicaid (75–0512–0–1–551).
Payments for Foster Care and Permanency (75–1545–0–1–609).
Supplemental Nutrition Assistance Program (12–3505–0–1–605).
Supplemental Security Income Program (28–0406–0–1–609).
Temporary Assistance for Needy Families (75–1552–0–1–609).
(i) Economic recovery programs
The following programs shall be exempt from reduction under any order issued under this subchapter:
GSE Preferred Stock Purchase Agreements (20–0125–0–1–371).
Office of Financial Stability (20–0128–0–1–376).
Special Inspector General for the Troubled Asset Relief Program (20–0133–0–1–376).
(j) Split treatment programs
Each of the following programs shall be exempt from any order under this subchapter to the extent that the budgetary resources of such programs are subject to obligation limitations in appropriations bills:
Federal-Aid Highways (69–8083–0–7–401).
Highway Traffic Safety Grants (69–8020–0–7–401).
Operations and Research NHTSA and National Driver Register (69–8016–0–7–401).
Motor Carrier Safety Operations and Programs (69–8159–0–7–401).
Motor Carrier Safety Grants (69–8158–0–7–401).
Formula and Bus Grants (69–8350–0–7–401).
Grants-In-Aid for Airports (69–8106–0–7–402).
(k) Identification of programs
For purposes of subsections (b), (g), and (h), each account is identified by the designated budget account identification code number set forth in the Budget of the United States Government 2010–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, §255, Dec. 12, 1985, 99 Stat. 1082; Pub. L. 99–509, title VII, §7002(a), Oct. 21, 1986, 100 Stat. 1949; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–86, title V, §506(a), Aug. 10, 1987, 101 Stat. 634; Pub. L. 100–119, title I, §104(a)(1), (2), (b), (c)(1), Sept. 29, 1987, 101 Stat. 775–777; Pub. L. 101–73, title VII, §743(a), (c), Aug. 9, 1989, 103 Stat. 437; Pub. L. 101–220, §8, Dec. 12, 1989, 103 Stat. 1881; Pub. L. 101–508, title XIII, §13101(c), Nov. 5, 1990, 104 Stat. 1388–589; Pub. L. 102–54, §13(a), June 13, 1991, 105 Stat. 274; Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–486, title IX, §902(d), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 102–572, title VI, §601, Oct. 29, 1992, 106 Stat. 4514; Pub. L. 104–193, title I, §110(r)(1), Aug. 22, 1996, 110 Stat. 2175; Pub. L. 104–208, div. A, title II, §2704(d)(10), Sept. 30, 1996, 110 Stat. 3009–489; Pub. L. 105–33, title X, §10207, Aug. 5, 1997, 111 Stat. 704; Pub. L. 109–171, title II, §2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 111–139, title I, §11, Feb. 12, 2010, 124 Stat. 23; Pub. L. 113–67, div. A, title I, §121(5)–(8), Dec. 26, 2013, 127 Stat. 1175; Pub. L. 114–113, div. O, title IV, §403(a), Dec. 18, 2015, 129 Stat. 3007; Pub. L. 115–254, div. F, title VI, §1470(a), Oct. 5, 2018, 132 Stat. 3515; Pub. L. 117–167, div. A, §§102(e), 106(d), 107(c), Aug. 9, 2022, 136 Stat. 1378, 1393, 1398.)
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Sections 231b and 231c of title 45, referred to in subsec. (a), were in the original references to sections 3 and 4 of the Railroad Retirement Act of 1937 (45 U.S.C. 231 et seq.), and were translated as meaning sections 3 and 4 of the Railroad Retirement Act of 1974, to reflect the probable intent of Congress. The Railroad Retirement Act of 1937, act Aug. 29, 1935, ch. 812, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, was amended in its entirety and completely revised by Pub. L. 93–445, title I, Oct. 16, 1974, 88 Stat. 1305, was redesignated the Railroad Retirement Act of 1974, and is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45, Railroads.
The Federal Employees' Compensation Act, referred to in subsec. (g)(1)(B), which is act Sept. 7, 1916, ch. 458, 39 Stat. 742, was repealed and the provisions thereof reenacted as subchapter I of chapter 81 of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.
Section 410 of the Air Transportation Safety and System Stabilization Act, referred to in subsec. (g)(1)(B), is section 410 of Pub. L. 107–42, which is set out in a note under section 40101 of Title 49, Transportation.
Amendments
2022—Subsec. (d). Pub. L. 117–167, §107(c), amended subsec. (d) generally. Prior to amendment, text read as follows: "Payments to individuals made pursuant to provisions of title 26 establishing refundable tax credits shall be exempt from reduction under any order issued under this subchapter."
Subsec. (g)(1)(A). Pub. L. 117–167, §106(d), inserted item relating to Public Wireless Supply Chain Innovation Fund.
Pub. L. 117–167, §102(e), inserted items relating to Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund, Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund, Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund, and Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund.
2018—Subsec. (g)(2). Pub. L. 115–254 substituted "United States International Development Finance Corporation." for "Overseas Private Investment Corporation, Noncredit Account (71–4184–0–3–151)."
2015—Subsec. (g)(1)(B). Pub. L. 114–113 inserted items relating to the September 11th Victim Compensation Fund (15–0340–0–1–754), Victims Compensation Fund established under section 410 of the Air Transportation Safety and System Stabilization Act, United States Victims of State Sponsored Terrorism Fund, and the World Trade Center Health Program Fund (75–0946–0–1–551).
2013—Subsec. (a). Pub. L. 113–67, §121(5), substituted "sections 231b and 231c of title 45" for "section 231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45".
Subsec. (h). Pub. L. 113–67, §121(6), in item relating to Federal Pell Grants, made technical amendment to reference in original act which appears in text as reference to section 1070a of title 20.
Subsec. (j). Pub. L. 113–67, §121(8), redesignated subsec. (j) relating to identification of programs as (k).
Pub. L. 113–67, §121(7), realigned margins of list items.
Subsec. (k). Pub. L. 113–67, §121(8), redesignated subsec. (j) relating to identification of programs as (k).
2010—Subsecs. (a) to (d). Pub. L. 111–139, §11(b), amended subsecs. (a) to (d) generally. Prior to amendment, subsecs. (a) to (d) related to exemptions for social security benefits and tier I railroad retirement benefits, veterans programs, net interest, and earned income tax credit, respectively.
Subsecs. (g), (h). Pub. L. 111–139, §11(c), amended subsecs. (g) and (h) generally. Prior to amendment, subsecs. (g) and (h) related to exemptions for other programs and activities and low-income programs, respectively.
Subsec. (i). Pub. L. 111–139, §11(d), added subsec. (i). Former subsec. (i) redesignated (j) relating to identification of programs.
Subsec. (j). Pub. L. 111–139, §11(d), added subsec. (j) relating to split treatment programs.
Pub. L. 111–139, §11(a), redesignated subsec. (i) as (j) relating to identification of programs and substituted "2010" for "1998".
2006—Subsec. (g)(1)(A). Pub. L. 109–171 repealed Pub. L. 104–208, §2704(d)(10). See 1996 Amendment note below.
1997—Subsec. (b). Pub. L. 105–33, §10207(a), substituted "Veterans Insurance and Indemnities" for "Veterans Insurance and Indemnity", "Canteen Service Revolving Fund" for "Veterans' Canteen Service Revolving Fund", "(36–0120–0–1–701)" for "(36–0137–0–1–702)" in item relating to benefits under chapter 21 of title 38, "Compensation" for "Veterans' compensation", and "Pensions" for "Veterans' pensions" and inserted at end items relating to benefits under chapter 35 of title 38, assistance and services under chapter 31 of title 38, benefits under subchapters I, II, and III of chapter 37 of title 38, Loan Guaranty Program Account, and Direct Loan Program Account.
Subsec. (f). Pub. L. 105–33, §10207(b), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: "Outlays for programs specified in paragraph (1) of section 907 of this title shall be subject to reduction only in accordance with the procedures established in section 901(a)(3)(C) and 906(b) of this title."
Subsec. (g)(1)(A). Pub. L. 105–33, §10207(c)(1)(KK), inserted items relating to Thrift Savings Fund, United States Enrichment Corporation (95–4054–0–3–271), Vaccine Injury Compensation, and Vaccine Injury Compensation Program Trust Fund.
Pub. L. 105–33, §10207(c)(1)(JJ), inserted "Revolving Fund (22–4055–0–3–373)" before semicolon in item relating to the Resolution Trust Corporation.
Pub. L. 105–33, §10207(c)(1)(II), struck out "Resolution Funding Corporation;" after item relating to postal service fund.
Pub. L. 105–33, §10207(c)(1)(HH), substituted "806" for "852" in item relating to payments to the United States territories.
Pub. L. 105–33, §10207(c)(1)(GG), struck out "Payments to state and local government fiscal assistance trust fund (20–2111–0–1–851);" after item relating to payments to social security trust funds.
Pub. L. 105–33, §10207(c)(1)(FF), substituted "651" for "571" in item relating to payments to social security trust funds.
Pub. L. 105–33, §10207(c)(1)(EE), struck out "Compact of Free Association, economic assistance pursuant to Public Law 99–658 (14–0415–0–1–806);" after item relating to payments to military retirement fund.
Pub. L. 105–33, §10207(c)(1)(DD), substituted "571" for "572" in item relating to payments to health care trust funds.
Pub. L. 105–33, §10207(c)(1)(CC), inserted item relating to Office of Thrift Supervision.
Pub. L. 105–33, §10207(c)(1)(BB), substituted "Credit union share" for "credit union share" and inserted before semicolon "(25–4468–0–3–373)" in third item relating to National Credit Union Administration.
Pub. L. 105–33, §10207(c)(1)(AA), substituted "Central" for "central" and inserted before semicolon "(25–4470–0–3–373)" in second item relating to National Credit Union Administration.
Pub. L. 105–33, §10207(c)(1)(Z), inserted "operating fund (25–4056–0–3–373)" before semicolon in first item relating to National Credit Union Administration.
Pub. L. 105–33, §10207(c)(1)(Y), substituted "(75–9931–0–3–550)" for "(75–4430–0–3–551)" in item relating to medical facilities guarantee and loan fund.
Pub. L. 105–33, §10207(c)(1)(X), substituted "Panama Canal Commission, Panama Canal Revolving Fund (95–4061–0–3–403);" for "Panama Canal Commission, operating expenses (95–5190–0–2–403), and Panama Canal Commission, capital outlay (95–5190–0–2–403);".
Pub. L. 105–33, §10207(c)(1)(W), substituted "806" for "852" in item relating to internal revenue collections for Puerto Rico.
Pub. L. 105–33, §10207(c)(1)(V), struck out "and insurance" after "Higher education facilities loans".
Pub. L. 105–33, §10207(c)(1)(U), inserted "program account" after "fund" and substituted "(75–0340–0–1–552)" for "(Health Education Assistance Loan Program) (75–4305–0–3–553)" in item relating to health professions graduate student loan insurance fund.
Pub. L. 105–33, §10207(c)(1)(T), substituted "accounts" for "account" after "Federal payment to the railroad retirement".
Pub. L. 105–33, §10207(c)(1)(S), inserted "(95–4039–0–3–371)" before semicolon in item relating to Federal Housing Finance Board.
Pub. L. 105–33, §10207(c)(1)(R), inserted "(51–4066–0–3–373)" before semicolon in third item relating to Federal Deposit Insurance Corporation.
Pub. L. 105–33, §10207(c)(1)(Q), inserted "(51–4065–0–3–373)" before semicolon in second item relating to Federal Deposit Insurance Corporation.
Pub. L. 105–33, §10207(c)(1)(P), inserted "(51–4064–0–3–373)" before semicolon in first item relating to Federal Deposit Insurance Corporation.
Pub. L. 105–33, §10207(c)(1)(O), struck out "Federal Deposit Insurance Corporation;" after item relating to Farm Credit System Financial Assistance Corporation, interest payments (20–1850–0–1–351).
Pub. L. 105–33, §10207(c)(1)(N), inserted items relating to Farm Credit Administration and Farm Credit System Financial Assistance Corporation, interest payment (20–1850–0–1–908).
Pub. L. 105–33, §10207(c)(1)(M), struck out "Eastern Indian land claims settlement fund (14–2202–0–1–806);" after item relating to dual benefits payments account.
Pub. L. 105–33, §10207(c)(1)(L), struck out "Director of the Office of Thrift Supervision;" after item relating to Comptroller of the Currency.
Pub. L. 105–33, §10207(c)(1)(K), inserted ", Assessment funds (20–8413–0–8–373)" before semicolon in item relating to the Comptroller of the Currency.
Pub. L. 105–33, §10207(c)(1)(J), substituted "806" for "852" in item relating to the Customs Service.
Pub. L. 105–33, §10207(c)(1)(I), inserted item relating to Conservation Reserve Program.
Pub. L. 105–33, §10207(c)(1)(H), inserted item relating to Compact of Free Association.
Pub. L. 105–33, §10207(c)(1)(G), struck out "Coinage profit fund (20–5811–0–2–803);" after item relating to claims, judgments, and relief acts.
Pub. L. 105–33, §10207(c)(1)(F), substituted "808" for "806" in item relating to claims, judgments, and relief acts.
Pub. L. 105–33, §10207(c)(1)(E), struck out "Claims, defense (97–0102–0–1–051);" after second item relating to Bureau of Indian Affairs.
Pub. L. 105–33, §10207(c)(1)(D), substituted "Miscellaneous trust funds" for "miscellaneous trust funds, tribal trust funds" in second item relating to Bureau of Indian Affairs.
Pub. L. 105–33, §10207(c)(1)(C), inserted "Indian land and water claims settlements and" after comma in first item relating to Bureau of Indian Affairs.
Pub. L. 105–33, §10207(c)(1)(B), struck out "Thrift Savings Fund (26–8141–0–7–602);" after item relating to administration of Territories, Northern Mariana Islands Covenant grants.
Pub. L. 105–33, §10207(c)(1)(A), inserted item relating to activities financed by voluntary payments to Government.
Subsec. (g)(1)(B). Pub. L. 105–33, §10207(c)(2)(E), substituted "Railroad Industry Pension Fund" for "Railroad retirement tier II".
Pub. L. 105–33, §10207(c)(2)(D), inserted "Special workers compensation expenses," before "Longshoremen's and harborworkers' compensation benefits".
Pub. L. 105–33, §10207(c)(2)(C), substituted "Claims Judges' Retirement Fund" for "Court of Federal Claims Judges' Retirement Fund".
Pub. L. 105–33, §10207(c)(2)(B), substituted "Black Lung Disability Trust Fund" for "Black lung benefits".
Pub. L. 105–33, §10207(c)(2)(A), substituted "The following Federal retirement and disability accounts" for "The following budget accounts" in introductory provisions.
Subsec. (g)(2). Pub. L. 105–33, §10207(c)(3)(E), struck out items "Credit union share insurance fund (25–4468–0–3–371);" and "Economic development revolving fund (13–4406–0–3–452);" after item relating to credit liquidating accounts, item "Export-Import Bank of the United States, Limitation of program activity (83–4027–0–3–155);" after item relating to energy security reserve (Synthetic Fuels Corporation), item "Federal Deposit Insurance Corporation (51–8419–0–8–371);" after item relating to Federal Crop Insurance Corporation fund, items "Federal Housing Administration fund (86–4070–0–3–371);", "Federal ship financing fund (69–4301–0–3–403);", and "Federal ship financing fund, fishing vessels (13–4417–0–3–376);" after item relating to Federal Emergency Management Agency National insurance development fund, items "Government National Mortgage Association, Guarantees of mortgage-backed securities (86–4238–0–3–371);" and "Health education loans (75–4307–0–3–553);" after item relating to geothermal resources development fund, item "Indian loan guarantee and insurance fund (14–4410–0–3–452);" after item relating to homeowners assistance fund, defense, and items "Railroad rehabilitation and improvement financing fund (69–4411–0–3–401);", "Rural development insurance fund (12–4155–0–3–452);", "Rural electric and telephone revolving fund (12–4230–8–3–271);", "Rural housing insurance fund (12–4141–0–3–371);", "Small Business Administration, Business loan and investment fund (73–4154–0–3–376);", "Small Business Administration, Lease guarantees revolving fund (73–4157–0–3–376);", "Small Business Administration, Pollution control equipment contract guarantee revolving fund (73–4147–0–3–376);", "Small Business Administration, Surety bond guarantees revolving fund (73–4156–0–3–376);", and "Department of Veterans Affairs, Loan guaranty revolving fund (36–4025–0–3–704);" after item relating to rail service assistance.
Pub. L. 105–33, §10207(c)(3)(D), inserted item relating to credit liquidating accounts.
Pub. L. 105–33, §10207(c)(3)(C), struck out "Community development grant loan guarantees (86–0162–0–1–451);" after item relating to United States Treasury check forgery insurance fund.
Pub. L. 105–33, §10207(c)(3)(B), substituted "United States Treasury check forgery insurance fund" for "Check forgery insurance fund".
Pub. L. 105–33, §10207(c)(3)(A), struck out items "Agency for International Development, Housing, and other credit guarantee programs (72–4340–0–3–151);" and "Agricultural credit insurance fund (12–4140–0–3–351);" after "order issued under this subchapter:".
Subsec. (h). Pub. L. 105–33, §10207(f), struck out heading and text of subsec. (h) relating to optional exemption of military personnel. Text read as follows:
"(1) 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) The President may not use the authority provided by paragraph (1) unless he notifies the Congress of the manner in which such authority will be exercised on or before the initial snapshot date for the budget year."
Pub. L. 105–33, §10207(d)(4), inserted item relating to family support payments to States.
Pub. L. 105–33, §10207(d)(3), substituted item relating to special supplemental nutrition program for women, infants, and children (WIC) for "Women, infants, and children program (12–3510–0–1–605).".
Pub. L. 105–33, §10207(d)(2), inserted items relating to temporary assistance for needy families, contingency fund, and child care entitlement to States.
Pub. L. 105–33, §10207(d)(1), substituted item relating to child nutrition programs for "Child nutrition (12–3539–0–1–605);".
Subsec. (i). Pub. L. 105–33, §10207(e), amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: "For purposes of subsections (g) and (h) of this section, programs are identified by the designated budget account identification code numbers set forth in the Budget of the United States Government, 1986—Appendix."
1996—Subsec. (g)(1)(A). Pub. L. 104–208, §2704(d)(10), which directed the amendment of subpar. (A) by substituting "Deposit Insurance Fund" for "Bank Insurance Fund" and by striking "Federal Deposit Insurance Corporation, Savings Association Insurance fund;", was not executed and was repealed by Pub. L. 109–171. See Effective Date of 1996 Amendments note below.
Subsec. (h). Pub. L. 104–193 substituted "Block grants to States for temporary assistance for needy families;" for "Aid to families with dependent children (75–0412–0–1–609);".
1992—Subsec. (g)(1)(A). Pub. L. 102–572, §601(b), inserted item relating to payment to Judiciary Trust Funds.
Pub. L. 102–486 inserted item relating to United States Enrichment Corporation.
Subsec. (g)(1)(B). Pub. L. 102–572, §601(a), inserted items relating to Judicial Officers' Retirement Fund and Court of Federal Claims Judges' Retirement Fund.
1991—Subsec. (b). Pub. L. 102–83 substituted "section 2307 of title 38" for "section 907 of title 38" in item relating to burial benefits for veterans.
Subsec. (g)(2). Pub. L. 102–54 substituted last two items relating to Department of Veterans Affairs for items relating to Veterans Administration, Loan guaranty revolving fund, and Veterans Administration, Servicemen's group life insurance fund.
1990—Subsec. (a). Pub. L. 101–508, §13101(c)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Increases in benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act, or in benefits payable under section 231b(a), 231b(f)(3), 231c(a), or 231c(f) of title 45, shall not be considered 'automatic spending increases' for purposes of this title; and no reduction in any such increase or in any of the benefits involved shall be made under any order issued under this subchapter."
Subsec. (e). Pub. L. 101–508, §13101(c)(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "Offsetting receipts and collections shall not be reduced under any order issued under this subchapter."
Subsec. (g)(1)(B). Pub. L. 101–508, §13101(c)(3), inserted item relating to railroad supplemental annuity pension fund.
Subsec. (h). Pub. L. 101–508, §13101(c)(4), added subsec. (h) relating to optional exemption of military personnel.
1989—Subsec. (g)(1)(A). Pub. L. 101–220 inserted item relating to Farm Credit System Financial Assistance Corporation, interest payments, after item relating to Exchange stabilization fund.
Pub. L. 101–73, §743(a)(1), inserted item relating to Director of the Office of Thrift Supervision after item relating to Comptroller of the Currency.
Pub. L. 101–73, §743(a)(2), substituted items relating to Federal Deposit Insurance Corporation, Bank Insurance Fund; Federal Deposit Insurance Corporation, FSLIC Resolution Fund; and Federal Deposit Insurance Corporation, Savings Association Insurance Fund; for item relating to Federal Home Loan Bank Board.
Pub. L. 101–73, §743(a)(3), substituted item relating to Federal Housing Finance Board for item relating to Federal Home Loan Bank Board, Federal Savings and Loan Insurance Corporation.
Pub. L. 101–73, §743(a)(4), inserted items relating to Resolution Funding Corporation and Resolution Trust Corporation after item relating to Postal service fund.
Subsec. (g)(2). Pub. L. 101–73, §743(c), struck out item relating to Federal Savings and Loan Insurance Corporation fund (82–4037–0–3–371).
1987—Subsec. (b). Pub. L. 100–119, §104(b)(1), inserted items relating to National Service Life Insurance Fund, Service-Disabled Veterans Insurance Fund, Veterans Special Life Insurance Fund, Veterans Reopened Insurance Fund, United States Government Life Insurance Fund, Veterans Insurance and Indemnity, Special Therapeutic and Rehabilitation Activities Fund, Veterans' Canteen Service Revolving Fund, benefits under chapter 21 of title 38 relating to specially adapted and mortgage-protection life insurance for certain veterans and service-connected disabilities, benefits under section 907 of title 38 relating to burial benefits for veterans who die as a result of service-connected disability, and benefits under chapter 39 of title 38 relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces.
Subsec. (g)(1). Pub. L. 100–119, §104(a)(2), (b)(2), (3), designated existing provisions of par. (1) as subpar. (A); inserted items relating to Administration of Territories, Northern Mariana Islands Covenant grants, Thrift Savings Fund, Bureau of Indian Affairs, miscellaneous payments to Indians, Customs Service, miscellaneous permanent appropriations, higher education facilities loans and insurance, Internal Revenue Collections for Puerto Rico, Panama Canal Commission operating expenses and Panama Canal Commission capital outlay, to medical facilities guarantee and loan fund, Federal interest subsidies for medical facilities, Compact of Free Association, economic assistance pursuant to Public Law 99–658, payments to United States territories, fiscal assistance, payments to widows and heirs of deceased Members of Congress, and Washington Metropolitan Area Transit Authority, interest payments; and added subpar. (B).
Pub. L. 100–86 inserted items relating to Comptroller of the Currency; Federal Deposit Insurance Corporation; Federal Home Loan Bank Board; Federal Home Loan Bank Board, Federal Savings and Loan Insurance Corporation; National Credit Union Administration; National Credit Union Administration, central liquidity facility; and National Credit Union Administration, credit union share insurance fund.
Subsec. (g)(2). Pub. L. 100–119, §104(c)(1), struck out following items relating to Veterans Administration: national service life insurance fund, service-disabled veterans insurance fund, United States Government life insurance fund, veterans insurance and indemnities, veterans reopened insurance fund, and veterans special life insurance fund.
Subsec. (h). Pub. L. 100–119, §104(a)(1), inserted item relating to commodity supplemental food program.
1986—Subsec. (d). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text.
Subsec. (g)(1). Pub. L. 99–509 inserted item relating to dual benefits payments account.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–167, div. A, §107(f), Aug. 9, 2022, 136 Stat. 1399, provided that:
"(1)
"(2)
Effective Date of 2018 Amendment
Pub. L. 115–254, div. F, title VI, §1470(w), Oct. 5, 2018, 132 Stat. 3519, provided that: "The amendments made by this section [amending this section, sections 5314, 5315, and 5316 of Title 5, Government Organization and Employees, sections 649, 4721, 4727, and 4902 of Title 15, Commerce and Trade, section 709 of Title 18, Crimes and Criminal Procedure, section 4421 of Title 19, Customs Duties, section 1131c of Title 20, Education, sections 2151n, 2291, 2296b, 5401, 5421, 6062, 6445, 7102, 7902, 8926, 9303, and 9546 of Title 22, Foreign Relations and Intercourse, section 9101 of Title 31, Money and Finance, sections 17334 and 17336 of Title 42, The Public Health and Welfare, and provisions set out as notes under sections 2293 and 2394c of Title 22] shall take effect at the end of the transition period."
[For definition of "transition period" as used in section 1470(w) of Pub. L. 115–254, set out above, see section 9681 of Title 22, Foreign Relations and Intercourse.]
Effective Date of 2015 Amendment
Pub. L. 114–113, div. O, title IV, §403(b), Dec. 18, 2015, 129 Stat. 3007, provided that: "The amendments made by this section [amending this section] shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act [Dec. 18, 2015]."
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109–171, set out as a Merger of BIF and SAIF note under section 1821 of Title 12, Banks and Banking.
Effective Date of 1996 Amendments
Amendment by Pub. L. 104–208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104–208, formerly set out as a note under section 1821 of Title 12, Banks and Banking.
Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.
Effective Date of 1992 Amendment
Pub. L. 102–572, title XI, §1101(a), Oct. 29, 1992, 106 Stat. 4524, provided that: "Except as otherwise provided in this Act, the provisions of this Act and the amendments made by this Act [see Tables for classification] shall take effect on January 1, 1993."
Effective Date of 1986 Amendment
Pub. L. 99–509, title VII, §7002(b), Oct. 21, 1986, 100 Stat. 1949, provided that: "The amendment made by subsection (a) [amending this section] shall apply to fiscal years beginning after September 30, 1986."
Soldiers' and Airmen's Home
The Soldiers' and Airmen's Home, referred to in subsec. (g)(1)(A), was incorporated into the Armed Forces Retirement Home by section 411 of Title 24, Hospitals and Asylums.
1 See References in Text note below.
2 So in original. Probably should be followed by a period.
§906. General and special sequestration rules
(a) Repealed. Pub. L. 111–139, title I, §10(a), Feb. 12, 2010, 124 Stat. 21
(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 (6) and 455(c) [20 U.S.C. 1087–1(c)(2), (6), 1087e(c)] and loan processing and issuance fees under section 428(f)(1)(A)(ii) of that Act [20 U.S.C. 1078(f)(1)(A)(ii)] shall each be increased by the uniform percentage specified in that sequestration order, and, for student loans originated during the period of the sequestration, special allowance payments under section 438(b) of that Act [20 U.S.C. 1087–1(b)] accruing during the period of the sequestration shall be reduced by the uniform percentage specified in that sequestration order.
(c) Repealed. Pub. L. 111–139, title I, §10(c), Feb. 12, 2010, 124 Stat. 22
(d) Special rules for Medicare program
(1) Calculation of reduction in payment amounts
To achieve the total percentage reduction in those programs required by section 902 or 903 of this title, subject to paragraph (2), 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, with respect to the health insurance programs under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.]—
(A) in the case of parts A and B of such title [42 U.S.C. 1395c et seq., 1395j et seq.], to individual payments for services furnished during the one-year period beginning on the first day of the first month beginning after the date the order is issued (or, if later, the date specified in paragraph (4)); and
(B) in the case of parts C and D [42 U.S.C. 1395w–21 et seq., 1395w–101 et seq.], to monthly payments under contracts under such parts for the same one-year period;
such that the reduction made in payments under that order shall achieve the required total percentage reduction in those payments for that period.
(2) Uniform reduction rate; maximum permissible reduction
Reductions in payments for programs and activities under such title XVIII [42 U.S.C. 1395 et seq.] pursuant to a sequestration order under section 904 of this title shall be at a uniform rate, which shall not exceed 4 percent, across all such programs and activities subject to such order.
(3) 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.
(4) Timing of subsequent sequestration order
A sequestration order required by section 902 or 903 of this title with respect to programs under such title XVIII [42 U.S.C. 1395 et seq.] shall not take effect until the first month beginning after the end of the effective period of any prior sequestration order with respect to such programs, as determined in accordance with paragraph (1).
(5) 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.
(6) Sequestration disregarded in computing payment amounts
The Secretary of Health and Human Services shall not take into account any reductions in payment amounts which have been or may be effected under this subchapter, for purposes of computing any adjustments to payment rates under such title XVIII [42 U.S.C. 1395 et seq.], specifically including—
(A) the part C growth percentage under section 1853(c)(6) [42 U.S.C. 1395w–23(c)(6)];
(B) the part D annual growth rate under section 1860D–2(b)(6) [42 U.S.C. 1395w–102(b)(6)]; and
(C) application of risk corridors to part D payment rates under section 1860D–15(e) [42 U.S.C. 1395w–115(e)].
(7) Exemptions from sequestration
In addition to the programs and activities specified in section 905 of this title, the following shall be exempt from sequestration under this subchapter:
(A) Part D low-income subsidies
Premium and cost-sharing subsidies under section 1860D–14 of the Social Security Act [42 U.S.C. 1395w–114].
(B) Part D catastrophic subsidy
Payments under section 1860D–15(b) and (e)(2)(B) of the Social Security Act [42 U.S.C. 1395w–115(b), (e)(2)(B)].
(C) Qualified individual (QI) premiums
Payments to States for coverage of Medicare cost-sharing for certain low-income Medicare beneficiaries under section 1933 of the Social Security Act [42 U.S.C. 1396u–3].
(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, 658a] by reducing the Federal matching rate for State administrative costs under such program, as specified (for the fiscal year involved) in section 455(a) of such Act, to the extent necessary to reduce such expenditures by that amount.
(g) Federal pay
(1) In general
For purposes of any order issued under section 904 of this title—
(A) Federal pay under a statutory pay system, and
(B) elements of military pay,
shall be subject to reduction under an order in the same manner as other administrative expense components of the Federal budget; except that no such order may reduce or have the effect of reducing the rate of pay to which any individual is entitled under any such statutory pay system (as increased by any amount payable under section 5304 of title 5 or section 302 of the Federal Employees Pay Comparability Act of 1990) or the rate of any element of military pay to which any individual is entitled under title 37, or any increase in rates of pay which is scheduled to take effect under section 5303 of title 5, section 1009 of title 37, or any other provision of law.
(2) Definitions
For purposes of this subsection:
(A) The term "statutory pay system" shall have the meaning given that term in section 5302(1) of title 5.
(B) The term "elements of military pay" means—
(i) the elements of compensation of members of the uniformed services specified in section 1009 of title 37,
(ii) allowances provided members of the uniformed services under sections 403b 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,1 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 subchapter.
(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) 1 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) National Credit Union Administration.
(D) National Credit Union Administration, central liquidity facility.
(E) Federal Retirement Thrift Investment Board.
(F) Farm Credit Administration.
(G) Cost of War Toxic Exposures Fund.
(i) Treatment of payments and advances made with respect to unemployment compensation programs
(1) For purposes of section 904 of this title—
(A) any amount paid as regular unemployment compensation by a State from its account in the Unemployment Trust Fund (established by section 904(a) of the Social Security Act [42 U.S.C. 1104(a)]),
(B) any advance made to a State from the Federal unemployment account (established by section 904(g) of such Act [42 U.S.C. 1104(g)]) under title XII of such Act [42 U.S.C. 1321 et seq.] and any advance appropriated to the Federal unemployment account pursuant to section 1203 of such Act [42 U.S.C. 1323],
(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, and
(D) any payment made from the Railroad Unemployment Insurance Account (established by section 10 of the Railroad Unemployment Insurance Act [45 U.S.C. 360]) for the purpose of carrying out the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.], 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 1 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 for 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,1 if an order under section 904 of this title is issued with respect to a fiscal year, any reduction under the order applicable to contracts described in paragraph (1) may provide for reductions in outlays for the account involved to occur in the fiscal year following the fiscal year to which the order applies.
(4) Uniform percentage rate of reduction and other limitations
All reductions described in paragraph (2) which are required to be made in connection with an order issued under section 904 of this title with respect to a fiscal year shall be made so as to ensure that outlays for each program, project, activity, or account involved are reduced by a percentage rate that is uniform for all such programs, projects, activities, and accounts, and may not be made so as to achieve a percentage rate of reduction in any such item exceeding the rate specified in the order.
(5) Dairy program
Notwithstanding any other provision of this subsection, as the sole means of achieving any reduction in outlays under the milk price support program, the Secretary of Agriculture shall provide for a reduction to be made in the price received by producers for all milk produced in the United States and marketed by producers for commercial use. That price reduction (measured in cents per hundred weight of milk marketed) shall occur under section 1446(d)(2)(A) of title 7, 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 (6).
(2) Except as otherwise provided, the same percentage sequestration shall apply to all programs, projects, and activities within a budget account (with programs, projects, and activities as delineated in the appropriation Act or accompanying report for the relevant fiscal year covering that account, or for accounts not included in appropriation Acts, as delineated in the most recently submitted President's budget).
(3) Administrative regulations or similar actions implementing a sequestration shall be made within 120 days of the sequestration order. To the extent that formula allocations differ at different levels of budgetary resources within an account, program, project, or activity, the sequestration shall be interpreted as producing a lower total appropriation, with the remaining amount of the appropriation being obligated in a manner consistent with program allocation formulas in substantive law.
(4) Except as otherwise provided, obligations in sequestered accounts shall be reduced only in the fiscal year in which a sequester occurs.
(5) If an automatic spending increase is sequestered, the increase (in the applicable index) that was disregarded as a result of that sequestration shall not be taken into account in any subsequent fiscal year.
(6) Budgetary resources sequestered in revolving, trust, and special fund accounts and offsetting collections sequestered in appropriation accounts shall not be available for obligation during the fiscal year in which the sequestration occurs, but shall be available in subsequent years to the extent otherwise provided in law.
(Pub. L. 99–177, title II, §256, Dec. 12, 1985, 99 Stat. 1086; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–86, title V, §506(b), Aug. 10, 1987, 101 Stat. 634; Pub. L. 100–119, title I, §§102(b)(2), (3), (11), 104(a)(3), (4), Sept. 29, 1987, 101 Stat. 773, 775, 776; Pub. L. 101–73, title VII, §743(b), Aug. 9, 1989, 103 Stat. 437; Pub. L. 101–508, title XIII, §13101(d), Nov. 5, 1990, 104 Stat. 1388–589; Pub. L. 101–509, title V, §529 [title I, §101(b)(2)(A), (4)(H)], Nov. 5, 1990, 104 Stat. 1427, 1439, 1440; Pub. L. 104–193, title I, §110(r)(2), Aug. 22, 1996, 110 Stat. 2175; Pub. L. 105–33, title X, §10208(a)(1), (b)–(g), Aug. 5, 1997, 111 Stat. 708–710; Pub. L. 111–139, title I, §§9(b), 10, Feb. 12, 2010, 124 Stat. 21; Pub. L. 111–203, title III, §352, July 21, 2010, 124 Stat. 1546; Pub. L. 112–81, div. A, title VI, §631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 116–260, div. N, title II, §235(a), (c), Dec. 27, 2020, 134 Stat. 1959; Pub. L. 117–168, title VIII, §805(b), Aug. 10, 2022, 136 Stat. 1805; Pub. L. 117–263, div. A, title VI, §626(a), Dec. 23, 2022, 136 Stat. 2628.)
Editorial Notes
References in Text
The Higher Education Act of 1965, referred to in subsec. (b), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Parts B and D of title IV of the Act are classified generally to parts B (§1071 et seq.) and D (§1087a et seq.), respectively, of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.
The Social Security Act, referred to in subsecs. (d) and (i)(1)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XII and XVIII of the Social Security Act are classified generally to subchapters XII (§1321 et seq.) and XVIII (§1395 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. Parts A to D of title XVIII of the Act are classified generally to parts A (§1395c et seq.), B (§1395j et seq.), C (§1395w–21 et seq.), and D (§1395w–101 et seq.), respectively, of subchapter XVIII of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Section 302 of the Federal Employees Pay Comparability Act of 1990, referred to in subsec. (g)(1), is section 529 [title III, §302] of Pub. L. 101–509, which is set out as a note under section 5304 of Title 5, Government Organization and Employees.
This title, referred to in subsecs. (h)(1) and (j)(1), (3), means title II (§200 et seq.) of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, known as the Balanced Budget and Emergency Deficit Control Act of 1985. For complete classification of this Act to the Code, see Short Title note set out under section 900 of this title and Tables.
Subsec. (h)(1), referred to in subsec. (h)(3), was redesignated subsec. (i)(1) by Pub. L. 101–508, title XIII, §13101(d)(2), Nov. 5, 1990, 104 Stat. 1388–589.
The Railroad Unemployment Insurance Act, referred to in subsec. (i)(1)(D), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables.
The Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsec. (i)(2)(A), is title II of Pub. L. 91–373, Aug. 10, 1970, 84 Stat. 708, which is classified generally as a note under section 3304 of Title 26, Internal Revenue Code. Section 204 of such Act is set out in the note under section 3304 of Title 26. For complete classification of this Act to the Code, see Tables.
This joint resolution, referred to in subsec. (j)(6), means Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1037, which enacted this chapter and sections 654 to 656 of this title, amended sections 602, 622, 631 to 642, and 651 to 653 of this title, sections 1104 to 1106, 1109, and 3101 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of this title, enacted provisions set out as notes under section 900 of this title and section 911 of Title 42, and amended provisions set out as a note under section 621 of this title. For complete classification of this Act to the Code, see Tables.
Amendments
2024—Subsec. (i)(1)(D). Pub. L. 118–159, §5701(a)(2), repealed Pub. L. 116–260, §235(c). See 2020 Amendment note below.
2022—Subsec. (g)(2)(B)(ii). Pub. L. 117–263 substituted "sections 403b and 405" for "sections 403a and 475".
Subsec. (h)(4)(G). Pub. L. 117–168 added subpar. (G).
2020—Subsec. (i)(1)(D). Pub. L. 116–260, §235(c), which directed the repeal of the amendment made by section 235(a) of Pub. L. 116–260, was repealed by Pub. L. 118–159, §5701(a)(2).
Pub. L. 116–260, §235(a), added subpar. (D).
2013—Subsec. (g)(2)(B)(ii). Pub. L. 112–239, §1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, §631(f)(4)(B). See 2011 Amendment note below.
2011—Subsec. (g)(2)(B)(ii). Pub. L. 112–81, §631(f)(4)(B), as amended by Pub. L. 112–239, §1076(a)(9), substituted "475" for "405".
2010—Subsec. (a). Pub. L. 111–139, §10(a), struck out subsec. (a). Text read as follows: "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."
Subsec. (b). Pub. L. 111–139, §10(b), substituted "origination fees under sections 438(c)(2) and (6) and 455(c) and loan processing and issuance fees under section 428(f)(1)(A)(ii) of that Act shall each be increased by the uniform percentage specified in that sequestration order, and, for student loans originated during the period of the sequestration, special allowance payments under section 438(b) of that Act accruing during the period of the sequestration shall be reduced by the uniform percentage specified in that sequestration order." for "origination fees under sections 438(c)(2) and 455(c) of that Act shall each be increased by 0.50 percentage point."
Subsec. (c). Pub. L. 111–139, §10(c), struck out subsec. (c). Text read as follows: "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) 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 (for such fiscal year) for that portion of the State's payments which is attributable to the increases taking effect during that year. No State's matching payments from the Federal Government for foster care maintenance payments or for adoption assistance maintenance payments may be reduced by a percentage exceeding the applicable domestic sequestration percentage. No State may, after December 12, 1985, make any change in the timetable for making payments under a State plan approved under part E of title IV of the Social Security Act which has the effect of changing the fiscal year in which expenditures under such part are made."
Subsec. (d)(1). Pub. L. 111–139, §10(d)(2), amended par. (1) generally. Prior to amendment, text read as follows: "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, 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 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."
Subsec. (d)(2) to (6). Pub. L. 111–139, §10(d)(1), (3)–(5), added pars. (2) and (4), redesignated former pars. (2), (3), and (4) as (3), (5), and (6), respectively, and amended par. (6) generally. Prior to amendment, text of par. (6) read as follows: "In computing the adjusted average per capita cost for purposes of section 1876(a)(4) of the Social Security Act, the Secretary of Health and Human Services shall not take into account any reductions in payment amounts which have been or may be effected under this subchapter."
Subsec. (d)(7). Pub. L. 111–139, §10(d)(6), added par. (7).
Subsec. (h)(4)(C) to (H). Pub. L. 111–203 redesignated subpars. (D), (E), (F), and (H) as (C), (D), (E), and (F), respectively, and struck out former subpars. (C) and (G) which read as follows:
"(C) Office of Thrift Supervision."
"(G) Resolution Trust Corporation."
Subsec. (k)(1). Pub. L. 111–139, §9(b), substituted "in paragraph (6)" for "in paragraph (5)".
1997—Pub. L. 105–33, §10208(a)(1), substituted "General and special sequestration rules" for "Exceptions, limitations, and special rules" as section catchline.
Subsec. (a). Pub. L. 105–33, §10208(b), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: "National Wool Act;".
Subsec. (b). Pub. L. 105–33, §10208[(c)], amended subsec. (b) generally, substituting new heading and text for former text consisting of pars. (1) to (3) relating to reductions required to be achieved from student loan programs operated under part B of title IV of the Higher Education Act of 1965 as a consequence of a sequestration order. Amendment was executed to reflect the probable intent of Congress based on language directing the general amendment of subsec. (b), appearing in the conference report for H.R. 2015, H. Rept. No. 105–217, 105th Congress, as adopted by the House of Representatives and Senate.
Subsec. (e)(1). Pub. L. 105–33, §10208(d), substituted "shall be 2 percent." for "shall be—" and struck out subpars. (A) and (B) which read as follows:
"(A) 1 percent in the case of the fiscal year 1986, and
"(B) 2 percent in the case of any subsequent fiscal year."
Subsec. (h)(2). Pub. L. 105–33, §10208(e)(1), substituted "this subchapter" for "this joint resolution".
Subsec. (h)(4)(D). Pub. L. 105–33, §10208(e)(2), redesignated subpar. (E) as (D) and struck out former subpar. (D) which read as follows: "Office of Thrift Supervision."
Subsec. (h)(4)(E) to (G). Pub. L. 105–33, §10208(e)(2), redesignated subpars. (F), (G), and (I) as (E), (F), and (G), respectively. Former subpar. (E) redesignated (D).
Subsec. (h)(4)(H). Pub. L. 105–33, §10208(e)(2), added subpar. (H) and struck out former subpar. (H) which read as follows: "Resolution Funding Corporation."
Subsec. (h)(4)(I). Pub. L. 105–33, §10208(e)(2), redesignated subpar. (I) as (G).
Subsec. (j)(2) to (5). Pub. L. 105–33, §10208(f), added pars. (2) to (5) and struck out former pars. (2) to (5) which related to reduction in payments made under contracts, delayed reduction in outlays permissible, uniform percentage rate of reduction and other limitations, and no double reduction for agricultural price support and income protection programs.
Subsec. (k)(1). Pub. L. 105–33, §10208(g)(1), struck out "other than a trust or special fund account" after "from any account" and inserted ", except as provided in paragraph (5)" before period.
Subsec. (k)(6). Pub. L. 105–33, §10208(g)(2), amended par. (6) generally. Prior to amendment, par. (6) read as follows: "Except as otherwise provided, sequestration in trust and special fund accounts for which obligations are indefinite shall be taken in a manner to ensure that obligations in the fiscal year of a sequestration are reduced, from the level that would actually have occurred, by the applicable sequestration percentage."
1996—Subsecs. (k), (l). Pub. L. 104–193 redesignated subsec. (l) as (k) and struck out former subsec. (k) which related to special rules for JOBS portion of AFDC, providing that any order under section 904 accomplish full amount of any required sequestration of job opportunities and basic skills training program, and setting forth new allotment formula.
1990—Subsec. (a). Pub. L. 101–508, §13101(d)(1), amended subsec. (a) generally, substituting provisions relating to automatic spending increases for provisions relating to effect of reductions and sequestrations.
Subsec. (b). Pub. L. 101–508, §13101(d)(3), substituted "section 904 of this title" for "section 902 of this title" in pars. (1) to (3).
Pub. L. 101–508, §13101(d)(2), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (h).
Subsec. (c). Pub. L. 101–508, §13101(d)(4), inserted after first sentence "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."
Pub. L. 101–508, §13101(d)(3), substituted "section 904 of this title" for "section 902 of this title".
Pub. L. 101–508, §13101(d)(2), redesignated subsec. (f) as (c). Former subsec. (c) redesignated (b).
Subsec. (d)(1). Pub. L. 101–508, §13101(d)(5), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The maximum permissible reduction for the health insurance programs under title XVIII of the Social Security Act for any fiscal year, pursuant to an order issued under section 902 of this title, consists only of a reduction of—
"(A) 1 percent in the case of fiscal year 1986, and
"(B) 2 percent (or such higher percentage as may apply as determined in accordance with section 902(a)(4)(B)(ii) of this title) in the case of any subsequent fiscal year,
in each separate payment amount otherwise made for a covered service under those programs without regard to this subchapter."
Subsec. (d)(2)(C). Pub. L. 101–508, §13101(d)(6), struck out subpar. (C) which read as follows: "For purposes of this paragraph, the effective period of a sequestration order for fiscal year 1986 is the period beginning on March 1, 1986, and ending on September 30, 1986."
Subsec. (e). Pub. L. 101–508, §13101(d)(2), redesignated subsec. (k) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1). Pub. L. 101–508, §13101(d)(3), substituted "section 904 of this title" for "section 902 of this title".
Subsec. (f). Pub. L. 101–508, §13101(d)(3), substituted "section 904 of this title" for "section 902 of this title".
Pub. L. 101–508, §13101(d)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (c).
Subsec. (g)(1). Pub. L. 101–509, §529 [title I, §101(b)(4)(H)], in closing provisions, inserted "(as increased by any amount payable under section 5304 of title 5 or section 302 of the Federal Employees Pay Comparability Act of 1990)" after "pay system" and substituted "5303" for "5305".
Pub. L. 101–508, §13101(d)(3), substituted "section 904 of this title" for "section 902 of this title".
Subsec. (g)(2)(A). Pub. L. 101–509, §529 [title I, §101(b)(2)(A)], substituted "5302(1)" for "5301(c)".
Subsec. (h). Pub. L. 101–508, §13101(d)(2), redesignated subsec. (b) as (h). Former subsec. (h) redesignated (i).
Subsec. (h)(1). Pub. L. 101–508, §13101(d)(3), substituted "section 904 of this title" for "section 902 of this title".
Subsec. (i). Pub. L. 101–508, §13101(d)(2), redesignated subsec. (h) as (i) and struck out former subsec. (i) which related to treatment of mine worker disability compensation increases as automatic spending increases.
Subsec. (i)(1), (2)(A). Pub. L. 101–508, §13101(d)(3), substituted "section 904 of this title" for "section 902 of this title".
Subsec. (j). Pub. L. 101–508, §13101(d)(3), substituted "section 904 of this title" for "section 902 of this title" wherever appearing in pars. (2) to (5).
Subsec. (k). Pub. L. 101–508, §13101(d)(2), added subsec. (k). Former subsec. (k) redesignated (e).
Subsec. (l). Pub. L. 101–508, §13101(d)(2), added subsec. (l) and struck out former subsec. (l) which related to treatment of obligated balances.
1989—Subsec. (b)(4)(C). Pub. L. 101–73, §743(b)(1), substituted "Office of Thrift Supervision" for "Federal Home Loan Bank Board".
Subsec. (b)(4)(D). Pub. L. 101–73, §743(b)(2), substituted "Office of Thrift Supervision" for "Federal Savings and Loan Insurance Corporation".
Subsec. (b)(4)(H), (I). Pub. L. 101–73, §743(b)(3), added subpars. (H) and (I).
1987—Subsec. (a)(2). Pub. L. 100–119, §102(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Any amount of new budget authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan obligations, spending authority (as defined in section 651(c)(2) of this title), or obligation limitations which is sequestered or reduced pursuant to an order issued under section 902 of this title is permanently cancelled, with the exception of amounts sequestered in special or trust funds, which shall remain in such funds and be available in accordance with and to the extent permitted by law, including the provisions of this Act."
Subsec. (b)(4). Pub. L. 100–86 added par. (4).
Subsec. (b)(4)(G). Pub. L. 100–119, §104(a)(3), added subpar. (G).
Subsec. (d)(1)(B). Pub. L. 100–119, §102(b)(11), inserted "(or such higher percentage as may apply as determined in accordance with section 902(a)(4)(B)(ii) of this title)".
Subsec. (e). Pub. L. 100–119, §104(a)(4), substituted "Notwithstanding any change in the display of budget accounts, any order" for "Any order".
Subsec. (l). Pub. L. 100–119, §102(b)(3), amended subsec. (l) generally, striking out provisions which had created an "existing contract" exception to the rule of obligated balances not being subject to reduction under an order issued under section 902 of this title, under which existing contracts in major functional category 050 (other than (A) those contracts which included a specified penalty for cancellation or modification by the Government and which if so cancelled or modified would have resulted (due to such penalty) in a net loss to the Government for the fiscal year, and (B) those contracts the reduction of which would have violated the legal obligations of the Government) were subject to reduction, in accordance with section 901(d)(3) of this title, under an order issued under section 902 of this title.
1986—Subsec. (h)(2)(B). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text.
Statutory Notes and Related Subsidiaries
Effective Date of 2024 Amendment
Pub. L. 118–159, div. E, title LVII, §5701(b), Dec. 23, 2024, 138 Stat. 2461, provided that: "The amendments made by subsection (a) [amending and repealing provisions set out as notes below] shall apply as if enacted on the day before the date on which the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020, under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates."
Effective and Termination Dates of 2020 Amendment
[The national emergency concerning the COVID–19 outbreak terminated on Apr. 10, 2023, see Pub. L. 118–3, set out as a note under section 1621 of Title 50, War and National Defense.]
Pub. L. 116–260, div. N, title II, §235(b), Dec. 27, 2020, 134 Stat. 1959, as amended by Pub. L. 118–159, div. E, title LVII, §5701(a)(1), Dec. 23, 2024, 138 Stat. 2461, provided that: "The treatment of payments made from the Railroad Unemployment Insurance Account pursuant to the amendment made by subsection (a) [amending this section] shall take effect 7 days after the date of enactment of the Continued Assistance to Rail Workers Act of 2020 [Dec. 27, 2020]."
Pub. L. 116–260, div. N, title II, §235(c), Dec. 27, 2020, 134 Stat. 1959, which provided that the amendments made by section 235(a) of Pub. L. 116–260 to this section would be repealed 30 days after the date on which the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020, under the National Emergencies Act terminated, was repealed by Pub. L. 118–159, div. E, title LVII, §5701(a)(2), Dec. 23, 2024, 138 Stat. 2461. See Effective Date of 2024 Amendment note above.
Effective Date of 2013 Amendment
Pub. L. 112–239, div. A, title X, §1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
Effective Date of 2010 Amendment
Pub. L. 111–203, title III, §351, July 21, 2010, 124 Stat. 1546, provided that: "Except as provided in section 364(a) [amending section 1438 of Title 12, Banks and Banking, and enacting provisions set out as a note under section 1438 of Title 12], the amendments made by this subtitle [subtitle E (§§351–378) of title III of Pub. L. 111–203, see Tables for classification] shall take effect on the transfer date."
[For definition of "transfer date" as used in section 351 of Pub. L. 111–203, set out above, see section 5301 of Title 12, Banks and Banking.]
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, set out as a note under section 601 of Title 42, The Public Health and Welfare.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of Pub. L. 101–509, set out as a note under section 5301 of Title 5, Government Organization and Employees.
1 See References in Text note below.
§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 7301 of title 7 and that authorizes a program with estimated fiscal year outlays that are greater than $50,000,000, for purposes of clause (i), the program shall be assumed to continue to operate in the same manner as the program operated immediately before the expiration of the suspension.
(B) The increase for veterans' compensation for a fiscal year is assumed to be the same as that required by law for veterans' pensions unless otherwise provided by law enacted in that session.
(C) Excise taxes dedicated to a trust fund, if expiring, are assumed to be extended at current rates.
(D) If any law expires before the budget year or any outyear, then any program with estimated current year outlays greater than $50,000,000 that operates under that 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):
(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 unobligated balances shall be at the level available in the current year, adjusted sequentially and cumulatively for expiring housing contracts as specified in paragraph (2), for social insurance administrative expenses as specified in paragraph (3), to offset pay absorption and for pay annualization as specified in paragraph (4), for inflation as specified in paragraph (5), and to account for changes required by law in the level of agency payments for personnel benefits other than pay.
(2) Expiring housing contracts
New budget authority to renew expiring multiyear subsidized housing contracts shall be adjusted to reflect the difference in the number of such contracts that are scheduled to expire in that fiscal year and the number expiring in the current year, with the per-contract renewal cost equal to the average current-year cost of renewal contracts.
(3) Social insurance administrative expenses
Budgetary resources for the administrative expenses of the following trust funds shall be adjusted by the percentage change in the beneficiary population from the current year to that fiscal year: the Federal Hospital Insurance Trust Fund, the Supplementary Medical Insurance Trust Fund, the Unemployment Trust Fund, and the railroad retirement account.
(4) Pay annualization; offset to pay absorption
Current-year new budget authority for Federal employees shall be adjusted to reflect the full 12-month costs (without absorption) of any pay adjustment that occurred in that fiscal year.
(5) Inflators
The inflator used in paragraph (1) to adjust budgetary resources relating to personnel shall be the percent by which the average of the Bureau of Labor Statistics Employment Cost Index (wages and salaries, private industry workers) for that fiscal year differs from such index for the current year. The inflator used in paragraph (1) to adjust all other budgetary resources shall be the percent by which the average of the estimated gross domestic product chain-type price 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 baseline for any budget year or outyear, current-year amounts shall be calculated using the concepts and definitions that are required for that 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, §257, formerly §§251(a)(6)(I), 257, Dec. 12, 1985, 99 Stat. 1092; Pub. L. 100–119, title I, §§102(a), (b)(4)–(8), 104(c)(2), 106(b), Sept. 29, 1987, 101 Stat. 754, 773, 774, 777, 780; renumbered §257 and amended Pub. L. 101–508, title XIII, §13101(b), (e)(1), (2), Nov. 5, 1990, 104 Stat. 1388–589, 1388-591, 1388-593; Pub. L. 105–33, title X, §10209(a), Aug. 5, 1997, 111 Stat. 710; Pub. L. 113–67, div. A, title I, §121(9), Dec. 26, 2013, 127 Stat. 1175.)
Editorial Notes
References in Text
This Act, referred to in subsec. (b)(3), means Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1037, which enacted this chapter and sections 654 to 656 of this title, amended sections 602, 622, 631 to 642, and 651 to 653 of this title, sections 1104 to 1106, 1109, and 3101 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of this title, enacted provisions set out as notes under section 900 of this title and section 911 of Title 42, and amended provisions set out as a note under section 621 of this title. For complete classification of this Act to the Code, see Tables.
Codification
Pub. L. 101–508, §13101(b), redesignated former par. (12) of this section as section 250(c)(21) (now 250(c)(19)) of Pub. L. 99–177, which is classified to section 900(c)(19) of this title.
Pub. L. 101–508, §13101(e)(2), transferred section 251(a)(6)(I) of Pub. L. 99–177, which was classified to section 901(a)(6)(I) of this title, to subsec. (e) of this section.
Amendments
2013—Subsec. (b)(2)(A)(i). Pub. L. 113–67 substituted "differences" for "differenes".
1997—Subsec. (b)(2)(A). Pub. L. 105–33, §10209(a)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "No program with estimated current-year outlays greater than $50 million shall be assumed to expire in the budget year or outyears."
Subsec. (b)(2)(D). Pub. L. 105–33, §10209(a)(2), added subpar. (D).
Subsec. (c)(5). Pub. L. 105–33, §10209(a)(3), substituted "domestic product chain-type price index" for "national product fixed-weight price index".
Subsec. (e). Pub. L. 105–33, §10209(a)(4), added subsec. (e) and struck out former subsec. (e) which read as follows: "The sale of an asset or prepayment of a loan shall not alter the deficit or produce any net deficit reduction in the budget baseline, except that the budget baseline estimate shall include asset sales mandated by law before September 18, 1987, and routine, ongoing asset sales and loan prepayments at levels consistent with agency operations in fiscal year 1986;".
1990—Pub. L. 101–508, §13101(e)(1), amended section generally, substituting provisions relating to baseline for provisions relating to definitions.
Subsec. (e). Pub. L. 101–508, §13101(e)(2), redesignated section 901(a)(6)(I) of this title as subsec. (e) of this section, and substituted "The" for "assuming, for purposes of this paragraph and subparagraph (A)(i) of paragraph (3), that the".
1987—Pub. L. 100–119, §102(a), amended section 901 of this title generally, adding subsec. (a)(6)(I). See 1990 Amendment note above.
Par. (1). Pub. L. 100–119, §104(c)(2), struck out provisions of former subpar. (A) that "automatic spending increase" meant increases in budget outlays due to changes in indexes in the following Federal programs:
"Black lung benefits (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);
"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 retirement tier II (60-8011-0-7-601);
"Retired pay, Coast Guard (69-0241-0-1-403);
"Retirement pay and medical benefits for commissioned officers, Public Health Service (75-0379-0-1-551);
"Special benefits, Federal Employees' Compensation Act (16-1521-0-1-600);
"Special benefits for disabled coal miners (75-0409-0-1-601); and
"Tax Court judges survivors annuity fund (23-8115-0-7-602)."
Par. (7). Pub. L. 100–119, §102(b)(4), amended par. (7) generally. Prior to amendment, par. (7) read as follows: "The terms 'sequester' and 'sequestration' (subject to section 902(a)(4) of this title) refer to or mean the cancellation of new budget authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan obligations, and spending authority as defined in section 651(c)(2) of this title, and the reduction of obligation limitations."
Par. (9). Pub. L. 100–119, §102(b)(5), added par. (9).
Par. (10). Pub. L. 100–119, §106(b), added par. (10).
Par. (11). Pub. L. 100–119, §102(b)(6), added par. (11).
Par. (12). Pub. L. 100–119, §102(b)(7), added par. (12).
Pars. (13), (14). Pub. L. 100–119, §102(b)(8), added pars. (13) and (14).
Statutory Notes and Related Subsidiaries
Definition of Terms Used in Balanced Budget and Emergency Deficit Control Act of 1985
Pub. L. 101–163, title III, §315, Nov. 21, 1989, 103 Stat. 1066, provided that: "Effective in the case of this Act and any subsequent Act making appropriations for the Legislative Branch, for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177), as amended [see Short Title note set out under section 900 of this title], or any other Act which requires a uniform percentage reduction in accounts in this Act and any subsequent Act making appropriations for the Legislative Branch, the accounts under the general heading 'Senate', and the accounts under the general heading 'House of Representatives', shall each be considered to be one appropriation account and one 'program, project, and activity'."
Pub. L. 100–202, §101(i) [title III, §306], Dec. 22, 1987, 101 Stat. 1329–290, 1329-309, provided that: "Hereafter, for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177), as amended [see Short Title note set out under section 900 of this title], the term 'program, project, and activity' shall be synonymous with each appropriation account in this Act [see Tables for classification], except that the accounts under the general heading 'House of Representatives' shall be considered one appropriation account and one 'program, project, and activity', and the accounts under the general heading 'Senate' shall be considered one appropriation account and one 'program, project, and activity'."
Cost-of-Living Adjustments in Certain Federal Benefits
Pub. L. 99–509, title VII, §7001, Oct. 21, 1986, 100 Stat. 1948, provided that benefits payable in calendar years 1987 to 1991 under programs listed in this section, including any cost-of-living adjustments, were not subject to modification, suspension, or reduction in such calendar years pursuant to a Presidential order.
§907a. Suspension in event of war or low growth
(a) Procedures in event of low-growth report
(1) Trigger
Whenever CBO issues a low-growth report under section 254(i) [2 U.S.C. 904(i)], the Majority Leader of the House of Representatives may, and the Majority Leader of the Senate shall, introduce a joint resolution (in the form set forth in paragraph (2)) declaring that the conditions specified in section 254(i) are met and suspending the relevant provisions of this title,1 titles III and VI 1 of the Congressional Budget Act of 1974 [2 U.S.C. 631 et seq.], and section 1103 of title 31.
(2) Form of joint resolution
(A) The matter after the resolving clause in any joint resolution introduced pursuant to paragraph (1) shall be as follows: "That the Congress declares that the conditions specified in section 254(j) 1 of the Balanced Budget and Emergency Deficit Control Act of 1985 are met, and the implementation of the Congressional Budget and Impoundment Control Act of 1974, chapter 11 of title 31, United States Code, and part C of the Balanced Budget and Emergency Deficit Control Act of 1985 are modified as described in section 258(b) of the Balanced Budget and Emergency Deficit Control Act of 1985."
(B) The title of the joint resolution shall be "Joint resolution suspending certain provisions of law pursuant to section 258(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985."; and the joint resolution shall not contain any preamble.
(3) Committee action
Each joint resolution introduced pursuant to paragraph (1) shall be referred to the appropriate committees of the House of Representatives or the Committee on the Budget of the Senate, as the case may be; and such Committee shall report the joint resolution to its House without amendment on or before the fifth day on which such House is in session after the date on which the joint resolution is introduced. If the Committee fails to report the joint resolution within the five-day period referred to in the preceding sentence, it shall be automatically discharged from further consideration of the joint resolution, and the joint resolution shall be placed on the appropriate calendar.
(4) Consideration of joint resolution
(A) A vote on final passage of a joint resolution reported to the Senate or discharged pursuant to paragraph (3) shall be taken on or before the close of the fifth calendar day of session after the date on which the joint resolution is reported or after the Committee has been discharged from further consideration of the joint resolution. If prior to the passage by one House of a joint resolution of that House, that House receives the same joint resolution from the other House, then—
(i) the procedure in that House shall be the same as if no such joint resolution had been received from the other House, but
(ii) the vote on final passage shall be on the joint resolution of the other House.
When the joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a House joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a Senate joint resolution agreed to in the Senate) shall cause the joint resolution to be engrossed, certified, and transmitted to the other House of the Congress as soon as practicable.
(B)(i) In the Senate, a joint resolution under this paragraph shall be privileged. It shall not be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(ii) Debate in the Senate on a joint resolution under this paragraph, and all debatable motions and appeals in connection therewith, shall be limited to not more than five hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(iii) Debate in the Senate on any debatable motion or appeal in connection with a joint resolution under this paragraph shall be limited to not more than one hour, to be equally divided between, and controlled by, the mover and the manager of the joint resolution, except that in the event the manager of the joint 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.
(iv) A motion in the Senate to further limit debate on a joint resolution under this paragraph is not debatable. A motion to table or to recommit a joint resolution under this paragraph is not in order.
(C) No amendment to a joint resolution considered under this paragraph shall be in order in the Senate.
(b) Suspension of sequestration procedures
Upon the enactment of a declaration of war or a joint resolution described in subsection (a)—
(1) the subsequent issuance of any sequestration report or any sequestration order is precluded;
(2) sections 302(f), 310(d), 311(a), and title VI 1 of the Congressional Budget Act of 1974 [2 U.S.C. 633(f), 641(d), 642(a)] are suspended; and
(3) section 1103 of title 31 is suspended.
(c) Restoration of sequestration procedures
(1) In the event of a suspension of sequestration procedures due to a declaration of war, then, effective with the first fiscal year that begins in the session after the state of war is concluded by Senate ratification of the necessary treaties, the provisions of subsection (b) triggered by that declaration of war are no longer effective.
(2) In the event of a suspension of sequestration procedures due to the enactment of a joint resolution described in subsection (a), then, effective with regard to the first fiscal year beginning at least 12 months after the enactment of that resolution, the provisions of subsection (b) triggered by that resolution are no longer effective.
(Pub. L. 99–177, title II, §258, as added Pub. L. 101–508, title XIII, §13101(f), Nov. 5, 1990, 104 Stat. 1388–593; amended Pub. L. 113–67, div. A, title I, §121(10), Dec. 26, 2013, 127 Stat. 1175.)
Editorial Notes
References in Text
This title, referred to in subsec. (a)(1), means title II (§200 et seq.) of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, known as the Balanced Budget and Emergency Deficit Control Act of 1985. For complete classification of this Act to the Code, see Short Title note set out under section 900 of this title and Tables.
The Congressional Budget Act of 1974, referred to in subsecs. (a)(1) and (b)(2), is titles I to IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Title III of the Act is classified generally to subchapter I (§631 et seq.) of chapter 17A of this title. Title VI of the Act was classified generally to subchapter IV (§665 et seq.) of chapter 17A of this title prior to repeal by Pub. L. 105–33, title X, §10118(a), Aug. 5, 1997, 111 Stat. 695. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
Section 254(j) of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (a)(2)(A), is section 254(j) of Pub. L. 99–177, which was redesignated section 254(i) of that Act by Pub. L. 105–33, title X, §10206(1), Aug. 5, 1997, 111 Stat. 704, and is classified to section 904(i) of this title.
The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (a)(2)(A), is Pub. L. 93–344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
Part C of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (a)(2)(A), is classified generally to this subchapter. Section 258 of the Act is classified to this section.
Prior Provisions
A prior section 258 of Pub. L. 99–177 was classified to section 908 of this title prior to repeal by Pub. L. 105–33, title X, §10210, Aug. 5, 1997, 111 Stat. 711.
Amendments
2013—Subsec. (a)(1). Pub. L. 113–67, which directed substitution of "section 254(i)" for "section 254(j)", was executed by making the substitution in two places to reflect the probable intent of Congress.
1 See References in Text note below.
§907b. Modification of Presidential order
(a) Introduction of joint resolution
At any time after the Director of OMB issues a final sequestration report under section 904 of this title for a fiscal year, but before the close of the twentieth calendar day of the session of Congress beginning after the date of issuance of such report, the majority leader of either House of Congress may introduce a joint resolution which contains provisions directing the President to modify the most recent order issued under section 904 of this title or provide an alternative to reduce the deficit for such fiscal year. After the introduction of the first such joint resolution in either House of Congress in any calendar year, then no other joint resolution introduced in such House in such calendar year shall be subject to the procedures set forth in this section.
(b) Procedures for consideration of joint resolutions
(1) Referral to committee
A joint resolution introduced in the Senate under subsection (a) shall not be referred to a committee of the Senate and shall be placed on the calendar pending disposition of such joint resolution in accordance with this subsection.
(2) Consideration in Senate
On or after the third calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution is introduced under subsection (a), notwithstanding any rule or precedent of the Senate, including Rule XXII of the Standing Rules of the Senate, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the joint resolution. The motion is not in order after the eighth calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution (to which the motion applies) is introduced. The joint resolution is privileged in the Senate. 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 Senate shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the Senate until disposed of.
(3) Debate in Senate
(A) In the Senate, debate on a joint resolution introduced under subsection (a), amendments thereto, and all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between the majority leader and the minority leader (or their designees).
(B) A motion to postpone, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order, and a motion to recommit the joint resolution is not in order.
(C)(i) No amendment that is not germane to the provisions of the joint resolution or to the order issued under section 904 of this title shall be in order in the Senate. In the Senate, an amendment, any amendment to an amendment, or any debatable motion or appeal is debatable for not to exceed 30 minutes to be equally divided between, and controlled by, the mover and the majority leader (or their designees), except that in the event that the majority leader favors the amendment, motion, or appeal, the minority leader (or the minority leader's designee) shall control the time in opposition to the amendment, motion, or appeal.
(ii) In the Senate, an amendment that is otherwise in order shall be in order notwithstanding the fact that it amends the joint resolution in more than one place or amends language previously amended. It shall not be in order in the Senate to vote on the question of agreeing to such a joint resolution or any amendment thereto unless the figures then contained in such joint resolution or amendment are mathematically consistent.
(4) Vote on final passage
Immediately following the conclusion of the debate on a joint resolution introduced under subsection (a), a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, and the disposition of any pending amendments under paragraph (3), the vote on final passage of the joint resolution shall occur.
(5) Appeals
Appeals from the decisions of the Chair shall be decided without debate.
(6) Conference reports
In the Senate, points of order under titles III, IV, and VI 1 of the Congressional Budget Act of 1974 [2 U.S.C. 631 et seq., 651 et seq.] are applicable to a conference report on the joint resolution or any amendments in disagreement thereto.
(7) Resolution from other House
If, before the passage by the Senate of a joint resolution of the Senate introduced under subsection (a), the Senate receives from the House of Representatives a joint resolution introduced under subsection (a), then the following procedures shall apply:
(A) The joint resolution of the House of Representatives shall not be referred to a committee and shall be placed on the calendar.
(B) With respect to a joint resolution introduced under subsection (a) in the Senate—
(i) the procedure in the Senate shall be the same as if no joint resolution had been received from the House; but
(ii)(I) the vote on final passage shall be on the joint resolution of the House if it is identical to the joint resolution then pending for passage in the Senate; or
(II) if the joint resolution from the House is not identical to the joint resolution then pending for passage in the Senate and the Senate then passes the Senate joint resolution, the Senate shall be considered to have passed the House joint resolution as amended by the text of the Senate joint resolution.
(C) Upon disposition of the joint resolution received from the House, it shall no longer be in order to consider the resolution originated in the Senate.
(8) Senate action on House resolution
If the Senate receives from the House of Representatives a joint resolution introduced under subsection (a) after the Senate has disposed of a Senate originated resolution which is identical to the House passed joint resolution, the action of the Senate with regard to the disposition of the Senate originated joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolution. If it is not identical to the House passed joint resolution, then the Senate shall be considered to have passed the joint resolution of the House as amended by the text of the Senate joint resolution.
(Pub. L. 99–177, title II, §258A, as added Pub. L. 101–508, title XIII, §13101(f), Nov. 5, 1990, 104 Stat. 1388–595.)
Editorial Notes
References in Text
The Congressional Budget Act of 1974, referred to in subsec. (b)(6), is titles I to IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Titles III and IV of the Act are classified generally to subchapters I (§631 et seq.) and II (§651 et seq.), respectively, of chapter 17A of this title. Title VI of the Act was classified generally to subchapter IV (§665 et seq.) of chapter 17A of this title prior to repeal by Pub. L. 105–33, title X, §10118(a), Aug. 5, 1997, 111 Stat. 695. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
1 See References in Text note below.
§907c. Flexibility among defense programs, projects, and activities
(a) Reductions beyond amount specified in Presidential order
Subject to subsections (b), (c), and (d), new budget authority and unobligated balances for any programs, projects, or activities within major functional category 050 (other than a military personnel account) may be further reduced beyond the amount specified in an order issued by the President under section 904 of this title for such fiscal year. To the extent such additional reductions are made and result in additional outlay reductions, the President may provide for lesser reductions in new budget authority and unobligated balances for other programs, projects, or activities within major functional category 050 for such fiscal year, but only to the extent that the resulting outlay increases do not exceed the additional outlay reductions, and no such program, project, or activity may be increased above the level actually made available by law in appropriation Acts (before taking sequestration into account). In making calculations under this subsection, the President shall use account outlay rates that are identical to those used in the report by the Director of OMB under section 904 of this title.
(b) Base closures prohibited
No actions taken by the President under subsection (a) for a fiscal year may result in a domestic base closure or realignment that would otherwise be subject to section 2687 of title 10.
(c) Report and joint resolution required
The President may not exercise the authority provided by this paragraph 1 for a fiscal year unless—
(1) the President submits a single report to Congress specifying, for each account, the detailed changes proposed to be made for such fiscal year pursuant to this section;
(2) that report is submitted within 5 calendar days of the start of the next session of Congress; and
(3) a joint resolution affirming or modifying the changes proposed by the President pursuant to this paragraph 1 becomes law.
(d) Introduction of joint resolution
Within 5 calendar days of session after the President submits a report to Congress under subsection (c)(1) for a fiscal year, the majority leader of each House of Congress shall (by request) introduce a joint resolution which contains provisions affirming the changes proposed by the President pursuant to this paragraph.1
(e) Form and title of joint resolution
(1) The matter after the resolving clause in any joint resolution introduced pursuant to subsection (d) shall be as follows: "That the report of the President as submitted on [Insert Date] under section 258B is hereby approved."
(2) The title of the joint resolution shall be "Joint resolution approving the report of the President submitted under section 258B of the Balanced Budget and Emergency Deficit Control Act of 1985."
(3) Such joint resolution shall not contain any preamble.
(f) Calendaring and consideration of joint resolution in Senate
(1) A joint resolution introduced in the Senate under subsection (d) shall be referred to the Committee on Appropriations, and if not reported within 5 calendar days (excluding Saturdays, Sundays, and legal holidays) from the date of introduction shall be considered as having been discharged therefrom and shall be placed on the appropriate calendar pending disposition of such joint resolution in accordance with this subsection. In the Senate, no amendment proposed in the Committee on Appropriations shall be in order other than an amendment (in the nature of a substitute) that is germane or relevant to the provisions of the joint resolution or to the order issued under section 904 of this title. For purposes of this paragraph, an amendment shall be considered to be relevant if it relates to function 050 (national defense).
(2) On or after the third calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution is placed on the Senate calendar, notwithstanding any rule or precedent of the Senate, including Rule XXII of the Standing Rules of the Senate, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the joint resolution. The motion is not in order after the eighth calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after such joint resolution is placed on the appropriate calendar. The motion is not debatable. The joint resolution is privileged in the Senate. 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 Senate shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the Senate until disposed of.
(g) Debate of joint resolution; motions
(1) In the Senate, debate on a joint resolution introduced under subsection (d), amendments thereto, and all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between the majority leader and the minority leader (or their designees).
(2) A motion to postpone, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. In the Senate, a motion to recommit the joint resolution is not in order.
(h) Amendment of joint resolution
(1) No amendment that is not germane or relevant to the provisions of the joint resolution or to the order issued under section 904 of this title shall be in order in the Senate. For purposes of this paragraph, an amendment shall be considered to be relevant if it relates to function 050 (national defense). In the Senate, an amendment, any amendment to an amendment, or any debatable motion or appeal is debatable for not to exceed 30 minutes to be equally divided between, and controlled by, the mover and the majority leader (or their designees), except that in the event that the majority leader favors the amendment, motion, or appeal, the minority leader (or the minority leader's designee) shall control the time in opposition to the amendment, motion, or appeal.
(2) In the Senate, an amendment that is otherwise in order shall be in order notwithstanding the fact that it amends the joint resolution in more than one place or amends language previously amended, so long as the amendment makes or maintains mathematical consistency. It shall not be in order in the Senate to vote on the question of agreeing to such a joint resolution or any amendment thereto unless the figures then contained in such joint resolution or amendment are mathematically consistent.
(3) It shall not be in order in the Senate to consider any amendment to any joint resolution introduced under subsection (d) or any conference report thereon if such amendment or conference report would have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided in such joint resolution unless such amendment or conference report makes a reduction in other specific budget outlays at least equivalent to any increase in outlays provided by such amendment or conference report.
(4) For purposes of the application of paragraph (3), the level of outlays and specific budget outlay reductions provided in an amendment shall be determined on the basis of estimates made by the Committee on the Budget of the Senate.
(i) Vote on final passage of joint resolution
Immediately following the conclusion of the debate on a joint resolution introduced under subsection (d), a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, and the disposition of any pending amendments under subsection (h), the vote on final passage of the joint resolution shall occur.
(j) Appeal from decision of Chair
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 (d) shall be decided without debate.
(k) Conference reports
In the Senate, points of order under titles III and IV of the Congressional Budget Act of 1974 [2 U.S.C. 631 et seq., 651 et seq.] (including points of order under sections 302(c), 303(a), 306, and 401(b)(1) [2 U.S.C. 633(c), 634(a), 637, 651(b)(1)]) are applicable to a conference report on the joint resolution or any amendments in disagreement thereto.
(l) Resolution from other House
If, before the passage by the Senate of a joint resolution of the Senate introduced under subsection (d), the Senate receives from the House of Representatives a joint resolution introduced under subsection (d), then the following procedures shall apply:
(1) The joint resolution of the House of Representatives shall not be referred to a committee.
(2) With respect to a joint resolution introduced under subsection (d) in the Senate—
(A) the procedure in the Senate shall be the same as if no joint resolution had been received from the House; but
(B)(i) the vote on final passage shall be on the joint resolution of the House if it is identical to the joint resolution then pending for passage in the Senate; or
(ii) if the joint resolution from the House is not identical to the joint resolution then pending for passage in the Senate and the Senate then passes the Senate joint resolution, the Senate shall be considered to have passed the House joint resolution as amended by the text of the Senate joint resolution.
(3) Upon disposition of the joint resolution received from the House, it shall no longer be in order to consider the joint resolution originated in the Senate.
(m) Senate action on House resolution
If the Senate receives from the House of Representatives a joint resolution introduced under subsection (d) after the Senate has disposed of a Senate originated joint resolution which is identical to the House passed joint resolution, the action of the Senate with regard to the disposition of the Senate originated joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolution. If it is not identical to the House passed joint resolution, then the Senate shall be considered to have passed the joint resolution of the House as amended by the text of the Senate joint resolution.
(Pub. L. 99–177, title II, §258B, as added Pub. L. 101–508, title XIII, §13101(g), Nov. 5, 1990, 104 Stat. 1388–597.)
Editorial Notes
References in Text
Section 258B, referred to in subsec. (e)(1), (2), means section 258B of Pub. L. 99–177, which is classified to this section.
The Congressional Budget Act of 1974, referred to in subsec. (k), is titles I to IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Titles III and IV of the Act are classified generally to subchapters I (§631 et seq.) and II (§651 et seq.) of chapter 17A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
1 So in original. Probably should be "section".
§907d. Special reconciliation process
(a) Reporting of resolutions and reconciliation bills and resolutions, in Senate
(1) Committee alternatives to Presidential order
After the submission of an OMB sequestration update report under section 904 of this title that envisions a sequestration under section 902 or 903 of this title, each standing committee of the Senate may, not later than October 10, submit to the Committee on the Budget of the Senate information of the type described in section 632(d) of this title with respect to alternatives to the order envisioned by such report insofar as such order affects laws within the jurisdiction of the committee.
(2) Initial Budget Committee action
After the submission of such a report, the Committee on the Budget of the Senate may, not later than October 15, report to the Senate a resolution. The resolution may affirm the impact of the order envisioned by such report, in whole or in part. To the extent that any part is not affirmed, the resolution shall state which parts are not affirmed and shall contain instructions to committees of the Senate of the type referred to in section 641(a) of this title, sufficient to achieve at least the total level of deficit reduction contained in those sections which are not affirmed.
(3) Response of committees
Committees instructed pursuant to paragraph (2), or affected thereby, shall submit their responses to the Budget Committee no later than 10 days after the resolution referred to in paragraph (2) is agreed to, except that if only one such Committee is so instructed such Committee shall, by the same date, report to the Senate a reconciliation bill or reconciliation resolution containing its recommendations in response to such instructions. A committee shall be considered to have complied with all instructions to it pursuant to a resolution adopted under paragraph (2) if it has made recommendations with respect to matters within its jurisdiction which would result in a reduction in the deficit at least equal to the total reduction directed by such instructions.
(4) Budget Committee action
Upon receipt of the recommendations received in response to a resolution referred to in paragraph (2), the Budget Committee shall report to the Senate a reconciliation bill or reconciliation resolution, or both, carrying out all such recommendations without any substantive revisions. In the event that a committee instructed in a resolution referred to in paragraph (2) fails to submit any recommendation (or, when only one committee is instructed, fails to report a reconciliation bill or resolution) in response to such instructions, the Budget Committee shall include in the reconciliation bill or reconciliation resolution reported pursuant to this subparagraph legislative language within the jurisdiction of the noncomplying committee to achieve the amount of deficit reduction directed in such instructions.
(5) Point of order
It shall not be in order in the Senate to consider any reconciliation bill or reconciliation resolution reported under paragraph (4) with respect to a fiscal year, any amendment thereto, or any conference report thereon 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 amount of the deficit for such fiscal year to exceed the maximum deficit amount for such fiscal year, unless the low-growth report submitted under section 904 of this title projects negative real economic growth for such fiscal year, or for each of any two consecutive quarters during such fiscal year.
(6) Treatment of certain amendments
In the Senate, an amendment which adds to a resolution reported under paragraph (2) an instruction of the type referred to in such paragraph shall be in order during the consideration of such resolution if such amendment would be in order but for the fact that it would be held to be non-germane on the basis that the instruction constitutes new matter.
(7) "Day" defined
For purposes of paragraphs (1), (2), and (3), the term "day" shall mean any calendar day on which the Senate is in session.
(b) Procedures
(1) In general
Except as provided in paragraph (2), in the Senate the provisions of sections 636 and 641 of this title for the consideration of concurrent resolutions on the budget and conference reports thereon shall also apply to the consideration of resolutions, and reconciliation bills and reconciliation resolutions reported under this paragraph and conference reports thereon.
(2) Limit on debate
Debate in the Senate on any resolution reported pursuant to subsection (a)(2), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to 10 hours.
(3) Limitation on amendments
Section 641(d)(2) of this title shall apply to reconciliation bills and reconciliation resolutions reported under this subsection.
(4) Bills and resolutions received from the House
Any bill or resolution received in the Senate from the House, which is a companion to a reconciliation bill or reconciliation resolution of the Senate for the purposes of this subsection, shall be considered in the Senate pursuant to the provisions of this subsection.
(5) "Resolution" defined
For purposes of this subsection, the term "resolution" means a simple, joint, or concurrent resolution.
(Pub. L. 99–177, title II, §258C, as added Pub. L. 101–508, title XIII, §13101(g), Nov. 5, 1990, 104 Stat. 1388–600.)
§908. Repealed. Pub. L. 105–33, title X, §10210, Aug. 5, 1997, 111 Stat. 711
Section, Pub. L. 99–177, title II, §258, as added Pub. L. 100–119, title I, §105(a), Sept. 29, 1987, 101 Stat. 778, related to modification of Presidential order.
§909. Repealed. Pub. L. 101–508, title XIII, §13212, Nov. 5, 1990, 104 Stat. 1388–621
Section, Pub. L. 100–119, title II, §202, Sept. 29, 1987, 101 Stat. 784, prohibited counting as savings transfer of Government actions from one year to another.
SUBCHAPTER II—OPERATION AND REVIEW
§921. Transferred
Editorial Notes
Codification
Section, Pub. L. 99–177, title II, §273, Dec. 12, 1985, 99 Stat. 1098, which related to revenue estimates, was redesignated as section 201(g) of Pub. L. 93–344 by section 13202(b) of Pub. L. 101–508 and is classified to section 601(f) of this title.
§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,1 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.1
(3) Any Member of Congress may bring an action, in the United States District Court for the District of Columbia, for declaratory and injunctive relief on the ground that the terms of an order issued under section 904 of this title do not comply with the requirements of this title.1
(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) 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) 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).
(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) 1 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 such subchapter (or sequesters more than that amount) with respect to any program, project, activity, or account,
the President shall, within 20 days after such determination is made, revise the order in accordance with such determination.
(2) If the order issued by the President under section 904 of this title for any fiscal year—
(A) does not reduce any automatic spending increase to the extent that such increase is required to be reduced by subchapter I of this chapter,
(B) does not sequester any amount of new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority which is required to be sequestered by such subchapter I, or
(C) does not reduce any obligation limitation by the amount by which such limitation is required to be reduced under such subchapter,
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).
(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, §274, Dec. 12, 1985, 99 Stat. 1098; Pub. L. 100–119, title I, §102(b)(9), (10), Sept. 29, 1987, 101 Stat. 774, 775; Pub. L. 105–33, title X, §10211, Aug. 5, 1997, 111 Stat. 711.)
Editorial Notes
References in Text
This title, referred to in subsec. (a)(2), (3), means title II (§200 et seq.) of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, known as the Balanced Budget and Emergency Deficit Control Act of 1985. For complete classification of this Act to the Code, see Short Title note set out under section 900 of this title and Tables.
Section 906(a) of this title, referred to in subsec. (d)(1)(A), was repealed by Pub. L. 111–139, title I, §10(a), Feb. 12, 2010, 124 Stat. 21.
Amendments
1997—Subsec. (a)(1), (3). Pub. L. 105–33, §10211(1), substituted "section 904" for "section 902".
Subsec. (d)(1). Pub. L. 105–33, §10211(1), substituted "section 904" for "section 902(b)" in introductory provisions.
Subsec. (d)(1)(A). Pub. L. 105–33, §10211(2), substituted "906(a) of this title if" for "907(1) of this title to the extent that" and inserted "or" at end.
Subsec. (d)(1)(B). Pub. L. 105–33, §10211(3), substituted "budgetary resources" for "new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority". Directory language directing the striking of "or" after the comma was executed by striking "or" after "account," and not after "activity," to reflect the probable intent of Congress.
Subsec. (d)(1)(C). Pub. L. 105–33, §10211(4), struck out subpar. (C) which read as follows: "does not reduce obligation limitations by the amount by which such limitations are required to be reduced under subchapter I of this chapter (or reduces such limitations by more than that amount) with respect to any program, project, activity, or account,".
Subsec. (d)(2). Pub. L. 105–33, §10211(1), substituted "section 904" for "section 902(b)" in introductory and concluding provisions.
Subsec. (e). Pub. L. 105–33, §10211(1), substituted "section 904" for "section 902".
Subsec. (f). Pub. L. 105–33, §10211(5), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f) consisting of pars. (1) to (5) relating to alternative procedures for joint reports of directors.
Subsec. (g). Pub. L. 105–33, §10211(6), substituted "figures" for "base levels of total revenues and total budget outlays, as" and "section 904 of this title" for "section 901(a)(2)(B) or (c)(2) of this title,".
Pub. L. 105–33, §10211(5), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 105–33, §10211(5), redesignated subsec. (h) as (g).
1987—Subsec. (f)(1). Pub. L. 100–119, §102(b)(9)(A), added par. (1) and struck out former par. (1) which read as follows: "In the event that any of the reporting procedures described in section 901 of this title are invalidated, then any report of the Directors referred to in section 901(a) or (c)(1) of this title shall be transmitted to the joint committee established under this subsection."
Subsec. (f)(2), (3). Pub. L. 100–119, §102(b)(9)(B), substituted "Director of CBO" for "Directors" wherever appearing.
Subsec. (f)(5). Pub. L. 100–119, §102(b)(9)(C), substituted "section 901(a)(2)(B) or (c)(2)" for "section 901(b) or (c)(2)".
Subsec. (h). Pub. L. 100–119, §102(b)(10), substituted "and economic assumptions" for ", assumptions, and methodologies", "Director of OMB" for "Comptroller General" in two places, and "section 901(a)(2)(B)" for "section 901(b)".
1 See References in Text note below.
CHAPTER 20A—STATUTORY PAY-AS-YOU-GO
§931. Purpose
The purpose of this chapter is to reestablish a statutory procedure to enforce a rule of budget neutrality on new revenue and direct spending legislation.
(Pub. L. 111–139, title I, §2, Feb. 12, 2010, 124 Stat. 8.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out below and Tables.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 111–139, title I, §1, Feb. 12, 2010, 124 Stat. 8, provided that: "This title [enacting this chapter and amending sections 639, 900, 905, and 906 of this title] may be cited as the 'Statutory Pay-As-You-Go Act of 2010'."
§932. Definitions and applications
As used in this chapter—
(1) The term "BBEDCA" means the Balanced Budget and Emergency Deficit Control Act of 1985.
(2) The definitions set forth in section 622 of this title and in section 250 of BBEDCA [2 U.S.C. 900] shall apply to this chapter, except to the extent that they are specifically modified as follows:
(A) The term "outyear" means a fiscal year one or more years after the budget year.
(B) In section 250(c)(8)(C) [2 U.S.C. 900(c)(8)(C)], the reference to the food stamp program shall be deemed to be a reference to the Supplemental Nutrition Assistance Program.
(3) The term "AMT" means the Alternative Minimum Tax for individuals under sections 55–59 of title 26, the term "EGTRRA" means the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107–16), and the term "JGTRRA" means the Jobs and Growth Tax Relief and 1 Reconciliation Act of 2003 (Public Law 108–27).
(4)(A) The term "budgetary effects" means the amount by which PAYGO legislation changes outlays flowing from direct spending or revenues relative to the baseline and shall be determined on the basis of estimates prepared under section 933 of this title. Budgetary effects that increase outlays flowing from direct spending or decrease revenues are termed "costs" and budgetary effects that increase revenues or decrease outlays flowing from direct spending are termed "savings". Budgetary effects shall not include any costs associated with debt service.
(B) For purposes of these definitions, off-budget effects shall not be counted as budgetary effects.
(C) Solely for purposes of recording entries on a PAYGO scorecard, provisions in appropriation Acts are also considered to be budgetary effects for purposes of this chapter if such provisions make outyear modifications to substantive law, except that provisions for which the outlay effects net to zero over a period consisting of the current year, the budget year, and the 4 subsequent years shall not be considered budgetary effects. For purposes of this paragraph, the term, "modifications to substantive law" refers to changes to or restrictions on entitlement law or other mandatory spending contained in appropriations Acts, notwithstanding section 250(c)(8) of BBEDCA [2 U.S.C. 900(c)(8)]. Provisions in appropriations Acts that are neither outyear modifications to substantive law nor changes in revenues have no budgetary effects for purposes of this chapter.
(5) The term "debit" refers to the net total amount, when positive, by which costs recorded on the PAYGO scorecards for a fiscal year exceed savings recorded on those scorecards for that year.
(6) The term "entitlement law" refers to a section of law which provides entitlement authority.
(7) The term "PAYGO legislation" or a "PAYGO Act" refers to a bill or joint resolution that affects direct spending or revenue relative to the baseline. The budgetary effects of changes in revenues and outyear modifications to substantive law included in appropriation Acts as defined in paragraph (4) shall be treated as if they were contained in PAYGO legislation or a PAYGO Act.
(8) The term "timing shift" refers to a delay of the date on which outlays flowing from direct spending would otherwise occur from the ninth outyear to the tenth outyear or an acceleration of the date on which revenues would otherwise occur from the tenth outyear to the ninth outyear.
(Pub. L. 111–139, title I, §3, Feb. 12, 2010, 124 Stat. 8.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 931 of this title and Tables.
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in par. (1), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§900 et seq.) and sections 654 to 656 of this title, amended sections 602, 622, 631 to 642, and 651 to 653 of this title, sections 1104 to 1106 and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of this title, enacted provisions set out as notes under section 900 of this title and section 911 of Title 42, and amended provisions set out as a note under section 621 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 900 of this title and Tables.
The Economic Growth and Tax Relief Reconciliation Act of 2001, referred to in par. (3), is Pub. L. 107–16, June 7, 2001, 115 Stat. 38. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 1 of Title 26, Internal Revenue Code, and Tables.
The Jobs and Growth Tax Relief Reconciliation Act of 2003, referred to in par. (3), is Pub. L. 108–27, May 28, 2003, 117 Stat. 752. For complete classification of this Act to the Code, see Short Title of 2003 Amendment note set out under section 1 of Title 26, Internal Revenue Code, and Tables.
1 So in original. The word "and" probably should not appear.
§933. PAYGO estimates and PAYGO scorecards
(a) PAYGO estimates
(1) Required designation in PAYGO Acts
(A) House of Representatives
To establish the budgetary effects of a PAYGO Act consistent with the determination made by the Chairman of the House Budget Committee, a PAYGO Act originated in or amended by the House of Representatives may include the following statement: "The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act 1 of 2010, shall be determined by reference to the latest statement titled 'Budgetary Effects of PAYGO Legislation' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.".
(B) Senate
To establish the budgetary effects of a PAYGO Act consistent with the determination made by the Chairman of the Senate Budget Committee, a PAYGO Act originated in or amended by the Senate shall include the following statement: "The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act 1 of 2010, shall be determined by reference to the latest statement titled 'Budgetary Effects of PAYGO Legislation' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.".
(C) Conference reports and amendments between the Houses
To establish the budgetary effects of the conference report on a PAYGO Act, or an amendment to an amendment between Houses on a PAYGO Act, which if estimated shall be estimated jointly by the Chairmen of the House and Senate Budget Committees, the conference report or amendment between the Houses shall include the following statement: "The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act 1 of 2010, shall be determined by reference to the latest statement titled 'Budgetary Effects of PAYGO Legislation' for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on this conference report or amendment between the Houses.".
(2) Determination of budgetary effects of PAYGO Acts
(A) Original legislation
(i) Statement and estimate
Prior to a vote on passage of a PAYGO Act originated or amended by one House, the Chairman of the Budget Committee of that House may submit for printing in the Congressional Record a statement titled "Budgetary Effects of PAYGO Legislation" which shall include an estimate of the budgetary effects of that Act, if available prior to passage of the Act by that House and shall submit, if applicable, an identification of any current policy adjustments made pursuant to section 936 of this title. The timely submission of such a statement, in conjunction with the appropriate designation made pursuant to paragraph (1)(A) or (1)(B), as applicable, shall establish the budgetary effects of the PAYGO Act for the purposes of this Act.
(ii) Effect
The latest statement submitted by the Chairman of the Budget Committee of that House prior to passage shall supersede any prior statements submitted in the Congressional Record and shall be valid only if the PAYGO Act is not further amended by either House.
(iii) Failure to submit estimate
If—
(I) the estimate required by clause (i) has not been submitted prior to passage by that House;
(II) such estimate has been submitted but is no longer valid due to a subsequent amendment to the PAYGO Act; or
(III) the designation required pursuant to this subsection has not been made;
the budgetary effects of the PAYGO Act shall be determined under subsection (d)(3), provided that this clause shall not apply if a valid designation is subsequently included in that PAYGO Act pursuant to paragraph (1)(C) and a statement is submitted pursuant to subparagraph (B).
(B) Conference reports and amendments between Houses
(i) In general
Prior to the adoption of a report of a committee of conference on a PAYGO Act in either House, or disposition of an amendment to an amendment between Houses on a PAYGO Act, the Chairmen of the Budget Committees of the House and Senate may jointly submit for printing in the Congressional Record a statement titled "Budgetary Effects of PAYGO Legislation" which shall include an estimate of the budgetary effects of that Act if available prior to passage of the Act by the House acting first on the legislation and shall submit, if applicable, an identification of any current policy adjustments made pursuant to section 936 of this title. The timely submission of such a statement, in conjunction with the appropriate designation made pursuant to paragraph (1)(C), shall establish the budgetary effects of the PAYGO Act for the purposes of this Act.
(ii) Failure to submit estimate
If such estimate has not been submitted prior to the adoption of a report of a committee of conference by either House, or if the designation required pursuant to this subsection has not been made, the budgetary effects of the PAYGO Act shall be determined under subsection (d)(3).
(3) Procedure in the Senate
In the Senate, upon submission of a statement titled "Budgetary Effects of PAYGO Legislation" by the Chairman of the Senate Budget Committee for printing in the Congressional Record, the Legislative Clerk shall read the statement.
(4) Jurisdiction of the Budget Committees
For the purposes of enforcing section 637 of this title, a designation made pursuant to paragraph (1)(A), (1)(B), or (1)(C), that includes only the language specifically prescribed therein, shall not be considered a matter within the jurisdiction of either the Senate or House Committees on the Budget.
(b) Omitted
(c) Current policy adjustments for certain legislation
(1) In general
For any provision of legislation that meets the criteria in subsection (c), (d), (e) or (f) of section 936 of this title, the Chairs of the Committees on the Budget of the House and Senate, as applicable, shall request that CBO adjust the estimate of budgetary effects of that legislation pursuant to paragraph (2) for the purposes of this chapter. A single piece of legislation may contain provisions that meet criteria in more than one of the subsections referred to in the preceding sentence. CBO shall adjust estimates for legislation designated under subsection (a) and estimated under subsection (b). OMB shall adjust estimates for legislation estimated under subsection (d)(3).
(2) Adjustments
(A) Estimates
CBO or OMB, as applicable, shall exclude from the estimate of budgetary effects any budgetary effects of a provision that meets the criteria in subsection (c), (d), (e) or (f) of section 936 of this title, to the extent that those budgetary effects, when combined with all other excluded budgetary effects of any other previously designated provisions of enacted legislation under the same subsection of section 936 of this title, do not exceed the maximum applicable current policy adjustment defined under the applicable subsection of section 936 of this title for the applicable 10-year period.
(B) Baseline
Any estimate made pursuant to subparagraph (A) shall be prepared using baseline estimates supplied by the Congressional Budget Office, consistent with section 907 of this title. CBO estimates of legislation adjusted for current policy shall include a separate presentation of costs excluded from the calculation of budgetary effects for the legislation, as well as an updated total of all excluded costs of provisions within subsection (c), (d), or (e) of section 936 of this title, as applicable, and in the case of paragraph (1) of section 936(f) of this title, within any of the subparagraphs (A) through (L) of such paragraph, as applicable.
(3) Limitation on availability of excess savings
(A) Prohibition on use of excess saving 2 for ineligible policies
To the extent the adjustment for current policy of any provision estimated under this subsection exceeds the estimated budgetary effects of that provision, these excess savings shall not be available to offset the costs of any provisions not otherwise eligible for a current policy adjustment under section 936 of this title, and shall not be counted on the PAYGO scorecards established pursuant to subsections (d)(4) and (d)(5).
(B) Prohibition on use of excess savings across budget areas
For provisions eligible for a current policy adjustment under subsections (c) through (f) of section 936 of this title, to the extent the adjustment for current policy of any provision exceeds the estimated budgetary effects of that same provision, the excess savings shall be available only to offset the costs of other provisions that qualify for a current policy adjustment in that same subsection. Each paragraph in section 936(f)(1) of this title shall be considered a separate subsection for purposes of this section.
(4) Further guidance on estimating budgetary effects
Estimates of budgetary effects under this subsection shall be consistent with the guidance provided at section 936(h) of this title.
(5) Inclusion of statement
For PAYGO legislation adjusted pursuant to section 936 of this title, the Chairman of the House or Senate Budget Committee, as applicable, shall include in any statement titled "Budgetary Effects of PAYGO Legislation", submitted for that legislation pursuant to this section, an explanation of the current policy designation and adjustments.
(d) OMB PAYGO scorecards
(1) In general
OMB shall maintain and make publicly available a continuously updated document containing two PAYGO scorecards displaying the budgetary effects of PAYGO legislation as determined under section 639 of this title, applying the look-back requirement in subsection (e) and the averaging requirement in subsection (f), and a separate addendum displaying the estimates of the costs of provisions designated in statute as emergency requirements.
(2) Estimates in legislation
Except as provided in paragraph (3), in making the calculations for the PAYGO scorecards, OMB shall use the budgetary effects included by reference in the applicable legislation pursuant to subsection (a).
(3) OMB PAYGO estimates
If a PAYGO Act does not contain a valid reference to its budgetary effects consistent with subsection (a), OMB shall estimate the budgetary effects of that legislation upon its enactment. The OMB estimate shall be based on the approaches to scorekeeping set forth in section 639 of this title, as amended by this title,3 and subsection (g)(4), and shall use the same economic and technical assumptions as used in the most recent budget submitted by the President under section 1105(a) of title 31.
(4) 5-year scorecard
The first scorecard shall display the budgetary effects of PAYGO legislation in each year over the 5-year period beginning in the budget year.
(5) 10-year scorecard
The second scorecard shall display the budgetary effects of PAYGO legislation in each year over the 10-year period beginning in the budget year.
(6) Community Living Assistance Services and Supports Act
Neither scorecard maintained by OMB pursuant to this subsection shall include net savings from any provisions of legislation titled "Community Living Assistance Services and Supports Act", which establishes a Federal insurance program for long-term care, if such legislation is enacted into law, or amended, subsequent to February 12, 2010.
(e) Look-back to capture current-year effects
For purposes of this section, OMB shall treat the budgetary effects of PAYGO legislation enacted during a session of Congress that occur during the current year as though they occurred in the budget year.
(f) Averaging used to measure compliance over 5-year and 10-year periods
OMB shall cumulate the budgetary effects of a PAYGO Act over the budget year (which includes any look-back effects under subsection (e)) and—
(1) for purposes of the 5-year scorecard referred to in subsection (d)(4), the four subsequent outyears, divide that cumulative total by five, and enter the quotient in the budget-year column and in each subsequent column of the 5-year PAYGO scorecard; and
(2) for purposes of the 10-year scorecard referred to in subsection (d)(5), the nine subsequent outyears, divide that cumulative total by ten, and enter the quotient in the budget-year column and in each subsequent column of the 10-year PAYGO scorecard.
(g) Emergency legislation
(1) Designation in statute
If a provision of direct spending or revenue legislation in a PAYGO Act is enacted as an emergency requirement that the Congress so designates in statute pursuant to this section, the amounts of new budget authority, outlays, and revenue in all fiscal years resulting from that provision shall be treated as an emergency requirement for the purposes of this Act.
(2) Designation in the House of Representatives
If a PAYGO Act includes a provision expressly designated as an emergency for the purposes of this chapter, the Chair shall put the question of consideration with respect thereto.
(3) Point of order in the Senate
(A) In general
When the Senate is considering a PAYGO Act, if a point of order is made by a Senator against an emergency designation in that measure, that provision making such a designation shall be stricken from the measure and may not be offered as an amendment from the floor.
(B) Supermajority waiver and appeals
(i) Waiver
Subparagraph (A) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.
(ii) Appeals
Appeals in the Senate from the decisions of the Chair relating to any provision of this subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection.
(C) Definition of an emergency designation
For purposes of subparagraph (A), a provision shall be considered an emergency designation if it designates any item as an emergency requirement pursuant to this subsection.
(D) Form of the point of order
A point of order under subparagraph (A) may be raised by a Senator as provided in section 644(e) of this title.
(E) Conference reports
When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a PAYGO Act, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.
(4) Effect of designation on scoring
If a provision is designated as an emergency requirement under this Act, CBO or OMB, as applicable, shall not include the budgetary effects of such a provision in its estimate of the budgetary effects of that PAYGO legislation.
(Pub. L. 111–139, title I, §4, Feb. 12, 2010, 124 Stat. 9.)
Editorial Notes
References in Text
The Statutory Pay-As-You-Go Act of 2010, referred to in subsec. (a)(1), is title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 931 of this title and Tables.
This Act, referred to in subsecs. (a)(2)(A)(i), (B)(i) and (g)(1), (4), is Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which enacted this chapter, amended sections 639, 900, 905, and 906 of this title and section 3101 of Title 31, Money and Finance, and enacted provisions set out as a note under section 712 of Title 31. For complete classification of this Act to the Code, see Tables.
This chapter, referred to in subsecs. (c)(1) and (g)(2), was in the original "this title", meaning title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 931 of this title and Tables.
As amended by this title, referred to in subsec. (d)(3), means as amended by title I of Pub. L. 111–139.
Legislation titled the "Community Living Assistance Services and Supports Act", referred to in subsec. (d)(6), was enacted as title VIII of Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 828. Title VIII, which was also known as the "CLASS Act", enacted subchapter XXX of chapter 6A of Title 42, The Public Health and Welfare, amended section 1396a of Title 42, enacted provisions set out as notes under section 300ll of Title 42, and amended provisions set out as a note under section 1396p of Title 42, prior to repeal by Pub. L. 112–240, title VI, §642(b)(1), Jan. 2, 2013, 126 Stat. 2358.
Codification
Section is comprised of section 4 of Pub. L. 111–139. Subsec. (b) of section 4 of Pub. L. 111–139 amended section 639 of this title.
1 So in original. Probably should be "Pay-As-You-Go Act".
2 So in original. Probably should be "savings".
3 See References in Text note below.
§934. Annual report and sequestration order
(a) Annual report
Not later than 14 days (excluding weekends and holidays) after Congress adjourns to end a session, OMB shall make publicly available and cause to be printed in the Federal Register an annual PAYGO report. The report shall include an up-to-date document containing the PAYGO scorecards, a description of any current policy adjustments made under section 933(c) of this title, information about emergency legislation (if any) designated under section 933(g) of this title, information about any sequestration if required by subsection (b), and other data and explanations that enhance public understanding of this chapter and actions taken under it.
(b) Sequestration order
If the annual report issued at the end of a session of Congress under subsection (a) shows a debit on either PAYGO scorecard for the budget year, OMB shall prepare and the President shall issue and include in that report a sequestration order that, upon issuance, shall reduce budgetary resources of direct spending programs by enough to offset that debit as prescribed in section 935 of this title. If there is a debit on both scorecards, the order shall fully offset the larger of the two debits. OMB shall transmit the order and the report to the House of Representatives and the Senate. If the President issues a sequestration order, the annual report shall contain, for each budget account to be sequestered, estimates of the baseline level of budgetary resources subject to sequestration, the amount of budgetary resources to be sequestered, and the outlay reductions that will occur in the budget year and the subsequent fiscal year because of that sequestration.
(Pub. L. 111–139, title I, §5, Feb. 12, 2010, 124 Stat. 15.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this title", meaning title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 931 of this title and Tables.
§935. Calculating a sequestration
(a) Reducing nonexempt budgetary resources by a uniform percentage
(1) In general
OMB shall calculate the uniform percentage by which the budgetary resources of nonexempt direct spending programs are to be sequestered such that the outlay savings resulting from that sequestration, as calculated under subsection (b), shall offset the budget-year debit, if any, on the applicable PAYGO scorecard. If the uniform percentage calculated under the prior sentence exceeds 4 percent, the Medicare programs described in section 906(d) of this title shall be reduced by 4 percent and the uniform percentage by which the budgetary resources of all other nonexempt direct spending programs are to be sequestered shall be increased, as necessary, so that the sequestration of Medicare and of all other nonexempt direct spending programs together produce the required outlay savings.
(2) Programs and activities in unified budget only
Subject to the exemptions set forth in section 11,1 OMB shall determine the uniform percentage required under paragraph (1) with respect to programs and activities contained in the unified budget only.
(b) Outlay savings
In determining the amount by which a sequestration offsets a budget-year debit, OMB shall count—
(1) the amount by which the sequestration in a crop year of crop support payments, pursuant to section 906(j) of this title, reduces outlays in the budget year and the subsequent fiscal year;
(2) the amount by which the sequestration of Medicare payments in the 12-month period following the sequestration order, pursuant to section 906(d) of this title, reduces outlays in the budget year and the subsequent fiscal year; and
(3) the amount by which the sequestration in the budget year of the budgetary resources of other nonexempt mandatory programs reduces outlays in the budget year and in the subsequent fiscal year.
(Pub. L. 111–139, title I, §6, Feb. 12, 2010, 124 Stat. 16.)
Editorial Notes
References in Text
Section 11, referred to in subsec. (a)(2), means section 11 of Pub. L. 111–139, which amended section 905 of this title.
1 See References in Text note below.
§936. Adjustment for current policies
(a) Purpose
The purpose of this section is to provide for adjustments of estimates of budgetary effects of PAYGO legislation for legislation affecting 4 areas of the budget—
(1) payments made under section 1395w–4 of title 42 (referred to in this section as "Payment for Physicians' Services");
(2) the Estate and Gift Tax under subtitle B of title 26;
(3) the AMT; and
(4) provisions of EGTRRA or JGTRRA that amended title 26 (or provisions in later statutes further amending the amendments made by EGTRRA or JGTRRA), other than—
(A) the provisions of those 2 Acts that were made permanent by the Pension Protection Act of 2006 (Public Law 109–280);
(B) amendments to the Estate and Gift Tax referred to in paragraph (2);
(C) the AMT referred to in paragraph (3); and
(D) the income tax rates on ordinary income that apply to individuals with adjusted gross incomes greater than $200,000 for a single filer and $250,000 for joint filers.
(b) Duration
This section shall remain in effect through December 31, 2011.
(c) Medicare payments to physicians
(1) Criteria
Legislation that includes provisions amending or superseding the system for updating payments under subsections (d) and (f) of section 1395w–4 of title 42 shall trigger the current policy adjustment required by this chapter.
(2) Adjustment
The amount of the maximum current policy adjustment shall be the difference between—
(A) estimated net outlays attributable to the payment rates and related parameters in accordance with subsections (d) and (f) of section 1395w–4 of title 42 (as scheduled on December 31, 2009, to be in effect); and
(B) what those net outlays would have been if—
(i) the nominal payment rates and related parameters in effect for 2009 had been in effect through December 31, 2014, without change; and
(ii) thereafter, the nominal payment rates and related parameters described in subparagraph (A) had applied and the assumption described in clause (i) had never applied.
(3) Limitation
If the provisions in the legislation that cause it to meet the criteria in paragraph (1) cover a time period that ends before December 31, 2014, subject to the maximum adjustment provided for under paragraph (2), the amount of each current policy adjustment made pursuant to this section shall be limited to the difference between—
(A) estimated net outlays attributable to the payment rates and related parameters specified in section 1395w–4 of title 42 (as scheduled on December 31, 2009, to be in effect for the period of time covered by the relevant provisions of the eligible legislation); and
(B) what those net outlays would have been if the nominal payment rates and related parameters in effect for 2009 had been in effect, without change, for the same period of time covered by the relevant provisions of the eligible legislation as under subparagraph (A).
(d) Estate and Gift Tax
(1) Criteria
Legislation that includes provisions amending the Estate and Gift Tax under subtitle B of title 26 shall trigger the current policy adjustment required by this chapter.
(2) Adjustment
The amount of the maximum current policy adjustment shall be the difference between—
(A) total revenues projected to be collected under title 26 (as scheduled on December 31, 2009, to be in effect); and
(B) what those revenue collections would have been if, on the date of enactment of the legislation meeting the criteria in paragraph (1), estate and gift tax law had instead been amended so that the tax rates, nominal exemption amounts, and related parameters in effect for tax year 2009 had remained in effect through December 31, 2011, with nominal exemption amounts indexed for inflation after 2009 consistent with subsection (g).
(3) Limitation
If the provisions in the legislation that cause it to meet the criteria in paragraph (1) cover a time period that ends before December 31, 2011, subject to the maximum adjustment provided for under paragraph (2), the amount of each current policy adjustment made pursuant to this section shall be limited to the difference between—
(A) total revenues projected to be collected under title 26 (as scheduled on December 31, 2009, to be in effect for the period of time covered by the relevant provisions of the eligible legislation); and
(B) what those revenues would have been if the estate and gift tax law rates, nominal exemption amounts, and related parameters in effect for 2009, with nominal exemption amounts indexed for inflation after 2009 consistent with subsection (g), had been in effect for the same period of time covered by the relevant provisions of the eligible legislation as under subparagraph (A).
(4) Duration of policy adjustment
Adjustments made pursuant to this subsection are available for policies affecting the estate and gift tax through only December 31, 2011. Any adjustments shall include budgetary effects in all years from these policy changes.
(e) AMT relief
(1) Criteria
Legislation that includes provisions extending AMT relief shall trigger the current policy adjustment required by this chapter.
(2) Adjustment
The amount of the maximum current policy adjustment shall be the difference between—
(A) total revenues projected to be collected under title 26 (as scheduled on December 31, 2009, to be in effect); and
(B) what those revenue collections would have been if, on the date of enactment of legislation meeting the criteria in paragraph (1), AMT law had instead been amended by making commensurate adjustments in the exemption amounts for joint and single filers in such a manner that the number of taxpayers with AMT liability or lost credits that occur as a result of the AMT would not be estimated to exceed the number of taxpayers affected by the AMT in tax year 2008 in any year for which relief is provided, through December 31, 2011.
(3) Limitation
If the provisions in the legislation that cause it to meet the criteria in paragraph (1) cover a time period that ends before December 31, 2011, subject to the maximum adjustment provided for under paragraph (2), the amount of each current policy adjustment made pursuant to this section shall be limited to the difference between—
(A) total revenues projected to be collected under title 26 (as scheduled on December 31, 2009, to be in effect for the period of time covered by the relevant provisions of the eligible legislation); and
(B) what those revenues would have been if, on the date of enactment of legislation meeting the criteria in paragraph (1), AMT law had instead been amended by making commensurate adjustments in the exemption amounts for joint and single filers in such a manner that the number of taxpayers with AMT liability or lost credits that occur as a result of the AMT would not be estimated to exceed the number of AMT taxpayers in tax year 2008 for the same period of time covered by the relevant provisions of the eligible legislation as under subparagraph (A).
(4) Duration of policy adjustment
Adjustments made pursuant to this subsection are available for policies affecting the AMT through only December 31, 2011. Any adjustments shall include budgetary effects in all years from these policy changes.
(f) Permanent extension of middle-class tax cuts
(1) Criteria
Legislation that includes provisions extending middle-class tax cuts shall trigger the current policy adjustment required by this chapter if those provisions extend 1 or more of the following provisions:
(A) The 10 percent bracket as in effect for tax year 2010, as provided for under section 101(a) of EGTRRA and any later amendments through December 31, 2009.
(B) The child tax credit as in effect for tax year 2010, as provided for under section 201 of EGTRRA and any later amendments through December 31, 2009.
(C) Tax benefits for married couples as in effect for tax year 2010, as provided for under title III of EGTRRA and any later amendments through December 31, 2009.
(D) The adoption credit as in effect in tax year 2010, as provided for under section 202 of EGTRRA and any later amendments through December 31, 2009.
(E) The dependent care credit as in effect in tax year 2010, as provided for under section 204 of EGTRRA and any later amendments through December 31, 2009.
(F) The employer-provided child care credit as in effect in tax year 2010, as provided for under section 205 of EGTRRA and any later amendments through December 31, 2009.
(G) The education tax benefits as in effect in tax year 2010, as provided for under title IV of EGTRRA and any later amendments through December 31, 2009.
(H) The 25 and 28 percent brackets as in effect for tax year 2010, as provided for under section 101(a) of EGTRRA and any later amendments through December 31, 2009.
(I) The 33 percent bracket as in effect for tax year 2010, as provided for under section 101(a) of EGTRRA and any later amendment through December 31, 2009, affecting taxpayers with adjusted gross income of $200,000 or less for single filers and $250,000 or less for joint filers in tax year 2010, with these income levels indexed for inflation in each subsequent year consistent with subsection (g).
(J) The rates on income derived from capital gains and qualified dividends as in effect for tax year 2010, as provided for under sections 301 and 302 of JGTRRA and any later amendment through December 31, 2009, affecting taxpayers with adjusted gross income of $200,000 or less for single filers and $250,000 for joint filers with these income levels indexed for inflation in each subsequent year consistent with subsection (g).
(K) The phaseout of personal exemptions and the overall limitation on itemized deductions as in effect for tax year 2010, as provided for under sections 102 and 103 of EGTRRA of 2001, respectively, and any later amendment through December 31, 2009, affecting taxpayer 1 with adjusted gross income of $200,000 or less for single filers and $250,000 for joint filers, with these income levels indexed for inflation in each subsequent year consistent with subsection (g).
(L) The increase in the limitations on expensing depreciable business assets for small businesses under section 179(b) of title 26 as in effect in tax year 2010, as provided under section 202 of JGTRRA and any later amendment through December 31, 2009.
(2) Adjustment
The amount of the maximum current policy adjustment shall be the difference between—
(A) total revenues projected to be collected and outlays to be paid under title 26 (as scheduled on December 31, 2009, to be in effect); and
(B) what those revenue collections and outlay payments would have been if, on the date of enactment of legislation meeting the criteria in paragraph (1), the provisions identified in paragraph (1) were made permanent.
(3) Limitation
If the provisions in the legislation that cause it to meet the criteria in paragraph (1) are not permanent, subject to the maximum adjustment provided for under paragraph (2), the amount of each current policy adjustment made pursuant to this section shall be limited to the difference between—
(A) total revenues projected to be collected and outlays to be paid under title 26 (as scheduled on December 31, 2009, to be in effect for the period of time covered by the relevant provisions of the eligible legislation); and
(B) what those revenue collections and outlay payments would have been if, on the date of enactment of legislation meeting the criteria in paragraph (1), the provisions identified in paragraph (1) had been in effect, without change, for the same period of time covered by the relevant provisions of the eligible legislation as under subparagraph (A).
(g) Indexing for inflation
Indexed amounts are assumed to increase in each year by an amount equal to the cost-of-living adjustment determined under section 1(f)(3) of title 26 for the calendar year in which the taxable year begins, determined by substituting "calendar year 2008" for "calendar year 1992" in subparagraph (B) of such section.
(h) Guidance on estimates and current policy adjustments
(1) Middle class tax cuts
For purposes of estimates made pursuant to subsection (f)—
(A) each of the income tax provisions shall be estimated as though the AMT had remained at current law as scheduled on December 31, 2009 to be in effect; and
(B) if more than 1 of the income tax provisions is 2 included in a single piece of legislation, those provisions shall be estimated in the order in which they appear.
(2) AMT
For purposes of estimates made pursuant to subsection (e), changes to the AMT shall be estimated as if, on the date of enactment of legislation meeting the criteria in subsection (e)(1), all of the income tax provisions identified in subsection (f)(1) were made permanent.
(Pub. L. 111–139, title I, §7, Feb. 12, 2010, 124 Stat. 16.)
Editorial Notes
References in Text
EGTRRA, referred to in subsecs. (a)(4) and (f)(1)(C), (G), is the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107–16, June 7, 2001, 115 Stat. 38. Titles III and IV of the Act enacted and amended numerous sections and provisions set out as notes in Title 26, Internal Revenue Code. Section 101(a) of the Act amended section 1 of Title 26. Section 102 of the Act amended section 151 of Title 26 and enacted provisions set out as a note under section 151 of Title 26. Section 103 of the Act amended section 68 of Title 26 and enacted provisions set out as a note under section 68 of Title 26. Section 201 of the Act amended sections 23 to 25, 26, 32, 904, and 1400C of Title 26 and enacted provisions set out as a note under section 24 of Title 26. Section 202 of the Act amended sections 23, 24, 26, 137, 904, and 1400C of Title 26 and enacted provisions set out as a note under section 23 of Title 26. Section 204 of the Act amended section 21 of Title 26 and enacted provisions set out as a note under section 21 of Title 26. Section 205 of the Act enacted section 45F of Title 26, amended sections 38 and 1016 of Title 26, and enacted provisions set out as a note under section 38 of Title 26. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 1 of Title 26 and Tables.
JGTRRA, referred to in subsecs. (a)(4) and (f)(1)(J), (L), is the Jobs and Growth Tax Relief Reconciliation Act of 2003, Pub. L. 108–27, May 28, 2003, 117 Stat. 752. Section 202 of the Act amended section 179 of Title 26, Internal Revenue Code, and enacted provisions set out as a note under section 179 of Title 26. Section 301 of the Act amended sections 1, 55, 57, 1445, and 7518 of Title 26 and section 1177 of Title 46, Appendix, Shipping, and enacted provisions set out as notes under section 1 of Title 26. Section 302 of the Act amended sections 1, 163, 301, 306, 338, 467, 531, 541, 584, 702, 854, 857, 1255, and 1257 of Title 26, repealed section 341 of Title 26, and enacted provisions set out as a note under section 1 of Title 26. For complete classification of this Act to the Code, see Short Title of 2003 Amendment note set out under section 1 of Title 26 and Tables.
The Pension Protection Act of 2006, referred to in subsec. (a)(4)(A), is Pub. L. 109–280, Aug. 17, 2006, 120 Stat. 780. For complete classification of this Act to the Code, see Short Title of 2006 Amendment note set out under section 1001 of Title 29, Labor, and Tables.
This chapter, referred to in subsecs. (c)(1), (d)(1), (e)(1), and (f)(1), was in the original "this title", meaning title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 931 of this title and Tables.
1 So in original. Probably should be "taxpayers".
2 So in original. Probably should be "are".
§937. Application of BBEDCA
For purposes of this chapter—
(1) notwithstanding section 275 of BBEDCA, the provisions of sections 905, 906, 907, and 922 of this title, as amended by this title,1 shall apply to the provisions of this chapter;
(2) references in sections 905, 906, 907, and 922 of this title to "this subchapter" or "this title" 1 shall be interpreted as applying to this chapter;
(3) references in sections 905, 906, 907, and 922 of this title to "section 904 of this title" shall be interpreted as referencing section 934 of this title;
(4) the reference in section 906(b) of this title to "section 902 or 903 of this title" shall be interpreted as referencing section 934 of this title;
(5) the reference in section 906(d)(1) of this title to "section 902 or 903 of this title" shall be interpreted as referencing section 935 of this title;
(6) the reference in section 906(d)(4) of this title to "section 902 or 903 of this title" shall be interpreted as referencing section 934 of this title;
(7) section 906(k) of this title shall apply to a sequestration, if any, under this chapter; and
(8) references 2 in section 907(e) of this title to "section 901, 902, or 903 of this title" shall be interpreted as referencing section 933 of this title.
(Pub. L. 111–139, title I, §8, Feb. 12, 2010, 124 Stat. 21.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 931 of this title and Tables.
Section 275 of BBEDCA, referred to in par. (1), is section 275 of the Balanced Budget and Emergency Deficit Control Act of 1985, Pub. L. 99–177, which is set out as a note under section 900 of this title.
As amended by this title, referred to in par. (1), means as amended by title I of Pub. L. 111–139.
"This title", appearing in quotes in par. (2), refers to the references to "this title" in the original in sections 905, 906, 907, and 922 of this title. "This title" appears untranslated in sections 906(h)(1), (j)(1), (3) and 922(a)(2), (3) of this title and translated as "this chapter" following "subchapter I of" in section 922(d) of this title. Those references to "this title" mean title II of Pub. L. 99–177, known as the Balanced Budget and Emergency Deficit Control Act of 1985. See References in Text notes set out under section 906 and 922 of this title.
1 See References in Text note below.
2 So in original. Probably should be "the reference".
§938. Determinations and points of order
Nothing in this chapter shall be construed as limiting the authority of the chairmen of the Committees on the Budget of the House and Senate under section 643 of this title. CBO may consult with the Chairmen of the House and Senate Budget Committees to resolve any ambiguities in this chapter.
(Pub. L. 111–139, title I, §12, Feb. 12, 2010, 124 Stat. 29.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 931 of this title and Tables.
§939. Limitation on changes to the Social Security Act
(a) Limitation on changes to the Social Security Act
Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any bill or resolution pursuant to any expedited procedure to consider the recommendations of a Task Force for Responsible Fiscal Action or other commission that contains recommendations with respect to the old-age, survivors, and disability insurance program established under title II of the Social Security Act [42 U.S.C. 401 et seq.], or the taxes received under subchapter A of chapter 9; the taxes imposed by subchapter E of chapter 1; and the taxes collected under section 86 of part II of subchapter B of chapter 1 of the Internal Revenue Code.
(b) Waiver
This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.
(c) Appeals
An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.
(Pub. L. 111–139, title I, §13, Feb. 12, 2010, 124 Stat. 29.)
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Subchapter A of chapter 9 and subchapter E of chapter 1, referred to in subsec. (a), probably mean subchapter A of chapter 9 and subchapter E of chapter 1, respectively, of the Internal Revenue Code of 1939, which were comprised of sections 1400 to 1432 and 480 to 482, respectively, and were repealed (subject to certain exceptions) by section 7851(a)(1)(A), (3) of Title 26, Internal Revenue Code of 1986.
Section 86 of part II of subchapter B of chapter 1 of the Internal Revenue Code, referred to in subsec. (a), probably means section 86 of part II of subchapter B of chapter 1 of the Internal Revenue Code of 1986, which is classified to section 86 of Title 26, Internal Revenue Code.
CHAPTER 21—CIVIC ACHIEVEMENT AWARD PROGRAM IN HONOR OF OFFICE OF SPEAKER OF HOUSE OF REPRESENTATIVES
§§1001 to 1004. Repealed. Pub. L. 101–483, Oct. 31, 1990, 104 Stat. 1166
Section 1001, Pub. L. 100–158, §1, Nov. 9, 1987, 101 Stat. 896, related to support for Civic Achievement Award Program in Honor of Office of Speaker of House of Representatives.
Section 1002, Pub. L. 100–158, §2, Nov. 9, 1987, 101 Stat. 897; Pub. L. 101–118, §§2, 3, Oct. 17, 1989, 103 Stat. 698, related to a description of Civic Achievement Award Program conducted by Close Up Foundation, categories of awards, a national committee to advise Close Up Foundation, and participation by libraries.
Section 1003, Pub. L. 100–158, §3, Nov. 9, 1987, 101 Stat. 897, related to audit and reporting requirements of Comptroller General and Close Up Foundation with regard to Civic Achievement Award Program.
Section 1004, Pub. L. 100–158, §4, Nov. 9, 1987, 101 Stat. 898; Pub. L. 101–118, §1, Oct. 17, 1989, 103 Stat. 698, related to authorization of appropriations to carry out Civic Achievement Award Program.
Statutory Notes and Related Subsidiaries
Preamble
Preamble to Pub. L. 100–158 was repealed by Pub. L. 101–483, Oct. 31, 1990, 104 Stat. 1166.
CHAPTER 22—JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
§1101. Congressional findings
The Congress makes the following findings:
(1) Senator John C. Stennis of the State of Mississippi has served his State and country with distinction for more than 60 years as a public servant, including service in the United States Senate for a period of 41 years.
(2) Senator Stennis has a distinguished record as a United States Senator, including service as the first Chairman of the Select Committee on Ethics, Chairman of the Committee on Armed Services, Chairman of the Committee on Appropriations, and President pro tempore of the Senate.
(3) Senator Stennis has long maintained a special interest in and devotion to the development of leadership and excellence in public service.
(4) There is a compelling need to encourage outstanding young people to pursue public service on a career basis and to provide public service leadership training opportunities for individuals serving in State and local governments and for individuals serving as employees of Members of Congress.
(5) It would be a fitting tribute to Senator Stennis and to his leadership, integrity, and years of devoted public service to establish in his name a center for the training and development of leadership and excellence in public service.
(Pub. L. 100–458, title I, §112, Oct. 1, 1988, 102 Stat. 2172.)
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 100–458, title I, §111, Oct. 1, 1988, 102 Stat. 2172, provided that: "This subtitle [subtitle B (§§111–121) of title I of Pub. L. 100–458, enacting this chapter] may be cited as the 'John C. Stennis Center for Public Service Training and Development Act'."
§1102. Definitions
In this chapter:
(1) The term "Center" means the John C. Stennis Center for Public Service Training and Development established under section 1103(a) of this title.
(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) of this title.
(3) The term "fund" means the John C. Stennis Center for Public Service Training and Development Trust Fund provided for under section 1105 of this title.
(Pub. L. 100–458, title I, §113, Oct. 1, 1988, 102 Stat. 2172.)
§1103. Establishment of John C. Stennis Center for Public Service Training and Development
(a) Establishment
There is established in the legislative branch of the Government a center to be known as the "John C. Stennis Center for Public Service Training and Development".
(b) Board of Trustees
The Center shall be subject to the supervision and direction of a Board of Trustees. The Board shall be composed of seven members, as follows:
(1) Two members to be appointed by the majority leader of the Senate.
(2) One member to be appointed by the minority leader of the Senate.
(3) Two members to be appointed by the Speaker of the House of Representatives.
(4) One member to be appointed by the minority leader of the House of Representatives.
(5) The Executive Director of the Center, who shall serve as an ex officio member of the Board.
(c) Term of office
The term of office of each member of the Board appointed under paragraphs (1), (2), (3), and (4) of subsection (b) shall be six years, except that—
(1) the members first appointed under paragraphs (1) and (2) shall serve, as designated by the majority leader of the Senate, one for a term of two years, one for a term of four years, and one for a term of six years;
(2) the members first appointed under paragraphs (3) and (4) shall serve, as designated by the Speaker of the House of Representatives, one for a term of two years, one for a term of four years, and one for a term of six years; and
(3) a member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed and shall be appointed in the same manner as the original appointment for that vacancy was made.
(d) Travel and subsistence pay
Members of the Board (other than the Executive Director) shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties.
(e) Location of Center
The Center shall be located at or near Starkville, Mississippi, the location of Mississippi State University.
(Pub. L. 100–458, title I, §114, Oct. 1, 1988, 102 Stat. 2173.)
§1104. Purposes and authority of 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 chapter, to develop such programs, activities, and services as it considers appropriate to carry out the purpose of this chapter. Such authority shall include the following:
(1) The development and implementation of educational programs for secondary and post-secondary schools and colleges designed—
(A) to improve the attitude of students toward public service;
(B) to encourage students to consider public service as a career goal;
(C) to create a better understanding of the important role that people in public service have played in the growth and development of the United States; and
(D) to foster a sense of civic responsibility among the youth of the United States.
(2) The development and implementation of programs designed—
(A) to enhance skills and abilities of public service employees and elected officials at the State and local levels of government;
(B) to make such officials more productive and effective in the performance of their duties; and
(C) to help prepare such employees and officials to assume greater responsibilities in the field of public service.
(3) The development and implementation of congressional staff training programs designed to equip congressional staff personnel to perform their duties more effectively and efficiently.
(4) The development and implementation of media and telecommunications production capabilities to assist the Center in expanding the reach of its programs throughout the United States.
(5) The establishment of library and research facilities for the collection and compilation of research materials for use in carrying out the programs of the Center.
(c) Program priorities
The Board of Trustees shall determine the priority of the programs to be carried out under this chapter and the amount of funds to be allocated for such programs.
(Pub. L. 100–458, title I, §115, Oct. 1, 1988, 102 Stat. 2173.)
§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 of this title 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 may 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 rate 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) 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, §116, Oct. 1, 1988, 102 Stat. 2174; Pub. L. 101–520, title III, §313(a), Nov. 5, 1990, 104 Stat. 2282; Pub. L. 108–7, div. J, title I, §125, Feb. 20, 2003, 117 Stat. 439.)
Editorial Notes
Amendments
2003—Subsec. (b). Pub. L. 108–7, §125(1), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows:
"(1) It shall be the duty of the Secretary of the Treasury to invest in full the amounts appropriated to the fund. Such investments may be made only in interest bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the marketplace.
"(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 exclusively 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 when such average rate is not a multiple of one-eighth of one percent, the rate of interest of such special obligations shall be the multiple of one-eighth of one percent next lower than such average rate. Such special obligations shall be issued only if the Secretary determines that the purchase of other interest bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States or original issue or at the market price, is not in the public interest."
Subsec. (c). Pub. L. 108–7, §125(2), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: "Any obligation acquired by the fund (except special obligations issued exclusively to the fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest."
1990—Subsec. (d). Pub. L. 101–520 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "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."
§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 chapter may be audited by the Government Accountability Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. Representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, and files and all other papers, things, or property belonging to or in use by the Center, pertaining to such activities and necessary to facilitate the audit.
(Pub. L. 100–458, title I, §117, Oct. 1, 1988, 102 Stat. 2175; Pub. L. 101–520, title III, §313(b), Nov. 5, 1990, 104 Stat. 2282; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
Editorial Notes
Amendments
2004—Subsec. (b). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in two places.
1990—Subsec. (a). Pub. L. 101–520 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Secretary of the Treasury is authorized to pay to the Center from the interest and earnings of the fund such sums as the Board determines are necessary and appropriate to enable the Center to carry out the provisions of this chapter."
§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 and 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 chapter 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.
(Pub. L. 100–458, title I, §118, Oct. 1, 1988, 102 Stat. 2175.)
Statutory Notes and Related Subsidiaries
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
§1108. Administrative provisions
(a) In general
In order to carry out the provisions of this chapter, the Center may—
(1) appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this chapter, 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;
(2) procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, 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;
(6) enter into contracts, grants, or other arrangements, or modifications thereof, to carry out the provisions of this chapter, 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 6101 of title 41;
(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) Omitted
(Pub. L. 100–458, title I, §119, Oct. 1, 1988, 102 Stat. 2176; Pub. L. 101–163, title III, §320, Nov. 21, 1989, 103 Stat. 1068; Pub. L. 101–520, title III, §313(c), Nov. 5, 1990, 104 Stat. 2282.)
Editorial Notes
Codification
In subsec. (a)(6), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (41 U.S.C. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Subsection (b), which required the Center to submit an annual report to Congress on its operations under this chapter, 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 143 of House Document No. 103–7.
Amendments
1990—Subsec. (a)(6) to (11). Pub. L. 101–520 struck out "and" at end of par. (6), added pars. (7) to (11), and struck out former par. (7) which read as follows: "To make other necessary expenditures including official reception and representation expenses."
1989—Subsec. (a)(7). Pub. L. 101–163 substituted "To make other necessary expenditures including official reception and representation expenses" for "make other necessary expenditures".
Statutory Notes and Related Subsidiaries
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
§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, §120, Oct. 1, 1988, 102 Stat. 2176.)
§1110. Appropriations
There is appropriated to the fund the sum of $7,500,000 to carry out this chapter.
(Pub. L. 100–458, title I, §121, Oct. 1, 1988, 102 Stat. 2176.)
CHAPTER 22A—CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP
§1151. Congressional Office for International Leadership
(a) Establishment
(1) In general
There is established in the legislative branch of the Government an office to be known as the "Congressional Office for International Leadership" (the "Office").
(2) Board of Trustees
The Office shall be subject to the supervision and direction of a Board of Trustees (the "Board") which shall be composed of 11 members as follows:
(A) Two Members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be designated by the Majority Leader of the House of Representatives and one of whom shall be designated by the Minority Leader of the House of Representatives.
(B) Two Senators appointed by the President pro tempore of the Senate, one of whom shall be designated by the Majority Leader of the Senate and one of whom shall be designated by the Minority Leader of the Senate.
(C) The Librarian of Congress.
(D) Four private individuals with interests in improving relations between the United States and eligible foreign states, designated by the Librarian of Congress.
(E) The chair of the Subcommittee on 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 Office
(1) Purpose
The purpose of the Office is to establish, in accordance with the provisions of paragraph (2), a program to enable emerging political and civic 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 Office shall establish a program under which the Office 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 and civic leaders at any level of government.
(3) Restrictions
(A) Duration
The period of stay in the United States for any individual supported with grant funds under the program shall not exceed 30 days.
(B) Limitation
The number of individuals supported with grant funds under the program shall not exceed 3,500 in any fiscal year.
(C) Use of funds
Grant funds under the program shall be used to pay—
(i) the costs and expenses incurred by each program participant in traveling between an eligible foreign state and the United States and in traveling within the United States;
(ii) the costs of providing lodging in the United States to each program participant, whether in public accommodations or in private homes; and
(iii) such additional administrative expenses incurred by organizations in carrying out the program as the Office 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 Office at such time, in such manner, and accompanied by such information as the Office 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 Office 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 "Congressional Office for International Leadership 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 Office 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 Office from amounts in the Fund such sums as the Board determines are necessary and appropriate to enable the Office to carry out the provisions of this section.
(d) Executive Director
On behalf of the Board, the Librarian of Congress shall appoint an Executive Director who shall be the chief executive officer of the Office and who shall carry out the functions of the Office subject to the supervision and direction of the Board of Trustees. The Executive Director of the Office shall be compensated at the annual rate specified by the Board, but in no event shall such rate exceed level III of the Executive Schedule under section 5314 of title 5.
(e) Administrative provisions
(1) In general
The provisions of section 1108 of this title shall apply to the Office.
(2) Support provided by Library of Congress
The Library of Congress may disburse funds appropriated to the Office, compute and disburse the basic pay for all personnel of the Office, provide administrative, legal, financial management, and other appropriate services to the Office, 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) 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) 1 Eligible foreign state defined
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, §1(a)(2) [title III, §313], Dec. 21, 2000, 114 Stat. 2763, 2763A-120; Pub. L. 108–7, div. H, title I, §1401(a), Feb. 20, 2003, 117 Stat. 382; Pub. L. 108–447, div. G, title I, §§1501, 1502, Dec. 8, 2004, 118 Stat. 3192; Pub. L. 109–13, div. A, title III, §3402(b), May 11, 2005, 119 Stat. 272; Pub. L. 109–289, div. B, title II, §20703(d)(6), as added Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 39; Pub. L. 111–68, div. A, title I, §1601(a), (b), Oct. 1, 2009, 123 Stat. 2041; Pub. L. 117–103, div. I, title I, §150(a), (b), Mar. 15, 2022, 136 Stat. 522, 523.)
Editorial Notes
References in Text
Section 3011 of the 1999 Emergency Supplemental Appropriations Act, referred to in subsec. (g), is section 3011 of Pub. L. 106–31, which is set out as a note below.
Amendments
2022—Pub. L. 117–103, §150(a)(1)(A), substituted "Congressional Office for International Leadership" for "Open World Leadership Center" in section catchline.
Subsec. (a)(1). Pub. L. 117–103, §150(a)(1)(B), amended par. (1) generally. Prior to amendment, text read as follows: "There is established in the legislative branch of the Government a center to be known as the 'Open World Leadership Center (the 'Center')."
Subsec. (a)(2). Pub. L. 117–103, §150(a)(1)(C), substituted "The Office" for "The Center" in introductory provisions.
Subsec. (b)(1). Pub. L. 117–103, §150(a)(2)(A), (b), substituted "the Office" for "the Center" and "political and civic leaders" for "political leaders".
Subsec. (b)(2). Pub. L. 117–103, §150(a)(2)(B), (b), substituted "the Office" for "the Center" in two places and "political and civic leaders" for "political leaders".
Subsec. (b)(3)(C)(iii). Pub. L. 117–103, §150(a)(2)(C), substituted "the Office" for "the Center".
Subsec. (b)(4)(A). Pub. L. 117–103, §150(a)(2)(D), substituted "the Office" for "the Center" in two places.
Subsec. (b)(4)(B)(iv). Pub. L. 117–103, §150(a)(2)(E), substituted "the Office" for "the Center".
Subsec. (c)(1). Pub. L. 117–103, §150(a)(3)(A), amended par. (1) generally. Prior to amendment, text read as follows: "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."
Subsec. (c)(2), (3)(B). Pub. L. 117–103, §150(a)(3)(B), substituted "the Office" for "the Center" wherever appearing.
Subsec. (d). Pub. L. 117–103, §150(a)(4), substituted "the Office" for "the Center" wherever appearing.
Subsec. (e). Pub. L. 117–103, §150(a)(5), substituted "the Office" for "the Center" wherever appearing.
2009—Subsec. (a)(2)(A). Pub. L. 111–68, §1601(a)(1), substituted "Members of the House of Representatives" for "members".
Subsec. (a)(2)(B). Pub. L. 111–68, §1601(a)(2), substituted "Senators" for "members".
Subsec. (d). Pub. L. 111–68, §1601(b), substituted "On behalf of the Board, the Librarian of Congress shall appoint" for "The Board shall appoint".
2007—Subsec. (a)(2)(E). Pub. L. 109–289, §20703(d)(6), as added by Pub. L. 110–5, repealed Pub. L. 109–13, §3402(b), and amended this section to read as if Pub. L. 109–13, §3402(b), had not been enacted. See 2005 Amendment note below.
2005—Subsec. (a)(2)(E). Pub. L. 109–13, §3402(b), which substituted "chair of the Committee on Appropriations of the House of Representatives (or another member of such Committee designated by the chair)" for "chair of the Subcommittee on Legislative Branch of the Committee on Appropriations of the House of Representatives", was repealed by Pub. L. 109–289, §20703(d)(6), as added by Pub. L. 110–5. See Construction of 2005 Amendment note below.
2004—Subsec. (a)(2). Pub. L. 108–447, §1502(1), substituted "11 members" for "nine members" in introductory provisions.
Subsec. (a)(2)(E). Pub. L. 108–447, §1502(2), added subpar. (E).
Subsec. (j)(3). Pub. L. 108–447, §1501, added par. (3).
2003—Pub. L. 108–7, §1401(a)(1), substituted "Open World Leadership Center" for "Center for Russian Leadership Development" in section catchline.
Subsec. (a)(1). Pub. L. 108–7, §1401(a)(2)(A), substituted "a center to be known as the 'Open World Leadership Center (the 'Center')" for "a center to be known as the 'Center for Russian Leadership Development' (the 'Center')".
Subsec. (a)(2). Pub. L. 108–7, §1401(a)(2)(B)(i), inserted "(the 'Board')" after "Board of Trustees" in introductory provisions.
Subsec. (a)(2)(D). Pub. L. 108–7, §1401(a)(2)(B)(ii), substituted "relations between the United States and eligible foreign states" for "United States and Russian relations".
Subsec. (b)(1). Pub. L. 108–7, §1401(a)(3)(A), substituted "eligible foreign states" for "Russia" and inserted "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" before period at end.
Subsec. (b)(2). Pub. L. 108–7, §1401(a)(3)(B), substituted "nationals of eligible foreign states" for "Russian nationals".
Subsec. (b)(3)(B). Pub. L. 108–7, §1401(a)(3)(C)(i), substituted "3,500" for "3,000".
Subsec. (b)(3)(C)(i). Pub. L. 108–7, §1401(a)(3)(C)(ii), substituted "an eligible foreign state" for "Russia".
Subsec. (c)(1). Pub. L. 108–7, §1401(a)(4)(A), substituted "Open World Leadership Center Trust Fund" for "Russian Leadership Development Center Trust Fund".
Subsec. (c)(3)(B). Pub. L. 108–7, §1401(a)(4)(B), struck out "of Trustees of the Center" after "Board".
Subsec. (h)(2). Pub. L. 108–7, §1401(a)(5), struck out "of Trustees of the Center" after "Board".
Subsec. (j). Pub. L. 108–7, §1401(a)(6), added subsec. (j).
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 117–103, div. I, title I, §150(c), Mar. 15, 2022, 136 Stat. 523, provided that: "Any reference in any law, rule, or regulation—
"(1) to the Open World Leadership Center shall be deemed to refer to the Congressional Office for International Leadership; and
"(2) to the Open World Leadership Center Trust Fund shall be deemed to refer to the Congressional Office for International Leadership Fund."
Effective Date of 2022 Amendment; Transition
Pub. L. 117–103, div. I, title I, §150(d), Mar. 15, 2022, 136 Stat. 523, provided that:
"(1)
"(2)
Effective Date of 2009 Amendment
Pub. L. 111–68, div. A, title I, §1601(c), Oct. 1, 2009, 123 Stat. 2041, provided that: "The amendments made by this subsection [probably means section 1601 of Pub. L. 111–68, which amended this section] shall apply with respect to—
"(1) appointments made on and after the date of enactment of this Act [Oct. 1, 2009]; and
"(2) the remainder of the fiscal year in which enacted, and each fiscal year thereafter."
Effective Date of 2003 Amendment
Pub. L. 108–7, div. H, title I, §1401(b), Feb. 20, 2003, 117 Stat. 382, provided that: "The amendments made by this section [amending this section] shall take effect 90 days after the date of enactment of this Act [Feb. 20, 2003]."
Construction of 2005 Amendment
Pub. L. 109–289, div. B, title II, §20703(d)(6), as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 39, provided that: "Section 3402 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109–13; 119 Stat. 272) [amending this section and provisions set out as a note under section 132b of this title] is repealed, and each provision of law amended by such section is restored as if such section had not been enacted into law."
Russian Leadership Program
Pub. L. 106–31, title III, §3011, May 21, 1999, 113 Stat. 93, as amended by Pub. L. 106–113, div. B, §1000(a)(2) [title V, §585], Nov. 29, 1999, 113 Stat. 1535, 1501A-117; Pub. L. 106–554, §1(a)(2) [title III, §310], Dec. 21, 2000, 114 Stat. 2763, 2763A-119, provided that:
"(a)
"(1) a pilot program within the Library of Congress for fiscal years 2000 and 2001; and
"(2) a permanent program within the Executive agency designated by the President of the United States for fiscal years 2002 and thereafter,
to enable emerging political leaders of Russia 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.
"(b)
"(1)
"(2)
"(3)
"(4)
"(A)
"(i) may contract with nongovernmental organizations having expertise in carrying out the activities described in subsection (a) for the purpose of carrying out the administrative functions of the program (other than the awarding of grants); and
"(ii) may, without regard to the civil service laws and regulations (or, in the case of the Librarian of Congress, any requirement for competition in hiring), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the administering agency to perform its duties under this section.
"(B)
"(c)
"(1) the costs and expenses incurred by each program participant in traveling between Russia and the United States and in traveling within the United States;
"(2) the costs of providing lodging in the United States to each program participant, whether in public accommodations or in private homes; and
"(3) such additional administrative expenses incurred by organizations in carrying out the program as the head of the administering agency may prescribe.
"(d)
"(1)
"(2)
"(A) describe the activities for which assistance under this section is sought;
"(B) include the number of program participants to be supported;
"(C) describe the qualifications of the individuals who will be participating in the program; and
"(D) provide such additional assurances as the head of the administering agency determines to be essential to ensure compliance with the requirements of this section.
"(3)
"(e)
"(1)
"(2)
"(A) two members appointed by the Speaker of the House of Representatives, of whom one shall be designated by the Majority Leader of the House of Representatives and one shall be designated by the Minority Leader of the House of Representatives;
"(B) two members appointed by the President pro tempore of the Senate, of whom one shall be designated by the Majority Leader of the Senate and one shall be designated by the Minority Leader of the Senate;
"(C) the Librarian of Congress;
"(D) a private individual with expertise in international exchange programs, designated by the Librarian of Congress; and
"(E) an officer or employee of the administering agency, designated by the head of the administering agency.
"(3)
"(f)
"(g)
"(1)
"(A)
"(B)
"(2)
"(A)
"(B)
"(h)
"(1)
"(A) for fiscal years 2000 and 2001, the Library of Congress; and
"(B) for fiscal year 2002, and subsequent fiscal years, the Executive agency designated by the President of the United States under subsection (a)(2).
"(2)
"(3)
"(4)
1 So in original. No subsec. (i) has been enacted.
CHAPTER 22B—HUNGER FELLOWSHIP PROGRAM
§1161. Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows
(a) Short title
This section may be cited as the "Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows Program Act of 2008".
(b) Definitions
In this subsection: 1
(1) Director
The term "Director" means the head of the Congressional Hunger Center.
(2) Fellow
The term "fellow" means—
(A) a Bill Emerson Hunger Fellow; or
(B) Mickey Leland Hunger Fellow.
(3) Fellowship Programs
The term "Fellowship Programs" means the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program established under subsection (c)(1).
(c) Fellowship Programs
(1) In general
There is established the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program.
(2) Purposes
(A) In general
The purposes of the Fellowship Programs are—
(i) to encourage future leaders of the United States—
(I) to pursue careers in humanitarian and public service;
(II) to recognize the needs of low-income people and hungry people;
(III) to provide assistance to people in need; and
(IV) to seek public policy solutions to the challenges of hunger and poverty;
(ii) to provide training and development opportunities for such leaders through placement in programs operated by appropriate organizations or entities; and
(iii) to increase awareness of the importance of public service.
(B) Bill Emerson Hunger Fellowship Program
The purpose of the Bill Emerson Hunger Fellowship Program is to address hunger and poverty in the United States.
(C) Mickey Leland Hunger Fellowship Program
The purpose of the Mickey Leland Hunger Fellowship Program is to address international hunger and other humanitarian needs.
(3) Administration
(A) In general
Subject to subparagraph (B), the Secretary shall offer to provide a grant to the Congressional Hunger Center to administer the Fellowship Programs.
(B) Terms of grant
The terms of the grant provided under subparagraph (A), including the length of the grant and provisions for the alteration or termination of the grant, shall be determined by the Secretary in accordance with this section.
(d) Fellowships
(1) In general
The Director shall make available Bill Emerson Hunger Fellowships and Mickey Leland Hunger Fellowships in accordance with this subsection.
(2) Curriculum
(A) In general
The Fellowship Programs shall provide experience and training to develop the skills necessary to train fellows to carry out the purposes described in subsection (c)(2), including—
(i) training in direct service programs for the hungry and other anti-hunger programs in conjunction with community-based organizations through a program of field placement; and
(ii) providing experience in policy development through placement in a governmental entity or nongovernmental, nonprofit, or private sector organization.
(B) Work plan
To carry out subparagraph (A) and assist in the evaluation of the fellowships under paragraph (6), the Director shall, for each fellow, approve a work plan that identifies the target objectives for the fellow in the fellowship, including specific duties and responsibilities relating to those objectives.
(3) Period of fellowship
(A) Bill Emerson Hunger Fellow
A Bill Emerson Hunger Fellowship awarded under this section shall be for not more than 15 months.
(B) Mickey Leland Hunger Fellow
A Mickey Leland Hunger Fellowship awarded under this section shall be for not more than 2 years.
(4) Selection of fellows
(A) In general
Fellowships shall be awarded pursuant to a nationwide competition established by the Director.
(B) Qualifications
A successful program applicant shall be an individual who has demonstrated—
(i) an intent to pursue a career in humanitarian services 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 are considered to be appropriate by the Director.
(5) Amount of award
(A) In general
A fellow shall receive—
(i) a living allowance during the term of the Fellowship; and
(ii) subject to subparagraph (B), an end-of-service award.
(B) Requirement for successful completion of fellowship
Each fellow shall be entitled to receive an end-of-service award at an appropriate rate for each month of satisfactory service completed, as determined by the Director.
(C) Terms of fellowship
A fellow shall not be considered an employee of—
(i) the Department of Agriculture;
(ii) the Congressional Hunger Center; or
(iii) a host agency in the field or policy placement of the fellow.
(D) Recognition of fellowship award
(i) Emerson Fellow
An individual awarded a fellowship from the Bill Emerson Hunger Fellowship shall be known as an "Emerson Fellow".
(ii) Leland Fellow
An individual awarded a fellowship from the Mickey Leland Hunger Fellowship shall be known as a "Leland Fellow".
(6) Evaluations and audits
Under terms stipulated in the contract entered into under subsection (c)(3), the Director shall—
(A) conduct periodic evaluations of the Fellowship Programs; and
(B) arrange for annual independent financial audits of expenditures under the Fellowship Programs.
(e) Authority
(1) In general
Subject to paragraph (2), in carrying out this section, the Director may solicit, accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of facilitating the work of the Fellowship Programs.
(2) Limitation
Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be used exclusively for the purposes of the Fellowship Programs.
(f) Report
The Director shall annually submit to the Secretary of Agriculture, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that—
(1) describes the activities and expenditures of the Fellowship Programs during the preceding fiscal year, including expenditures made from funds made available under subsection (g); and
(2) includes the results of evaluations and audits required by subsection (d).
(g) Authorization of appropriations
There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section, to remain available until expended.
(Pub. L. 107–171, title IV, §4404, May 13, 2002, 116 Stat. 335; Pub. L. 110–161, div. H, title I, §1502(c), Dec. 26, 2007, 121 Stat. 2250; Pub. L. 110–234, title IV, §4401, May 22, 2008, 122 Stat. 1132; Pub. L. 110–246, §4(a), title IV, §4401, June 18, 2008, 122 Stat. 1664, 1894.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendments
2008—Pub. L. 110–246, §4401, amended section generally, substituting subsecs. (a) to (g) establishing the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program for former subsecs. (a) to (j) which established the Congressional Hunger Fellows Program.
2007—Subsec. (f)(4)(A). Pub. L. 110–161, which directed that subpar. (A) be amended by substituting "may" for "shall" and striking out "annual.", was executed by making the substitution and striking out "annual" before "audit", to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Pub. L. 110–234, title IV, §4407, May 22, 2008, 122 Stat. 1142, and Pub. L. 110–246, §4(a), title IV, §4407, June 18, 2008, 122 Stat. 1664, 1903, provided that: "Except as otherwise provided in this title [see Tables for classification], this title and the amendments made by this title take effect on October 1, 2008."
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
Effective Date
Pub. L. 107–171, title IV, §4405, May 13, 2002, 116 Stat. 341, provided that: "Except as otherwise provided in this title [see Short Title of 2002 Amendment note set out under section 2011 of Title 7, Agriculture], the amendments made by this title take effect on October 1, 2002."
1 So in original. Probably should be "section:".
CHAPTER 23—GOVERNMENT EMPLOYEE RIGHTS
§§1201, 1202. Transferred
Editorial Notes
Codification
Section 1201, Pub. L. 102–166, title III, §301, Nov. 21, 1991, 105 Stat. 1088; Pub. L. 103–283, title III, §312(f)(1), July 22, 1994, 108 Stat. 1446; Pub. L. 104–1, title V, §504(a)(1), Jan. 23, 1995, 109 Stat. 40, which provided for short title of chapter as the "Government Employee Rights Act of 1991", provided purpose of chapter as establishing procedures to protect the rights of certain government employees with respect to their public employment, and defined "violation" for purposes of chapter, was transferred to section 2000e–16a of Title 42, The Public Health and Welfare.
Section 1202, Pub. L. 102–166, title III, §302, Nov. 21, 1991, 105 Stat. 1088; Pub. L. 104–1, title V, §504(a)(1), Jan. 23, 1995, 109 Stat. 40, which prohibited certain discriminatory practices affecting State employees, and provided for remedies, was transferred to section 2000e–16b of Title 42, The Public Health and Welfare.
§§1203 to 1218. Repealed. Pub. L. 104–1, title V, §504(a)(2), (5), Jan. 23, 1995, 109 Stat. 41
Section 1203, Pub. L. 102–166, title III, §303, Nov. 21, 1991, 105 Stat. 1088, related to establishment of Office of Senate Fair Employment Practices.
Section 1204, Pub. L. 102–166, title III, §304, Nov. 21, 1991, 105 Stat. 1090, related to Senate procedure for consideration of alleged violations of employee rights.
Section 1205, Pub. L. 102–166, title III, §305, Nov. 21, 1991, 105 Stat. 1090; Pub. L. 103–283, title III, §312(f)(2), July 22, 1994, 108 Stat. 1446, related to counseling of Senate employees alleging violations of rights.
Section 1206, Pub. L. 102–166, title III, §306, Nov. 21, 1991, 105 Stat. 1091, related to mediation of disputes between Senate employees and employing offices.
Section 1207, Pub. L. 102–166, title III, §307, Nov. 21, 1991, 105 Stat. 1091, related to formal complaints by Senate employees and hearings.
Section 1207a, Pub. L. 103–50, ch. XII, §1205, July 2, 1993, 107 Stat. 269; Pub. L. 103–211, title II, §2001(a)–(c), Feb. 12, 1994, 108 Stat. 22, related to Settlements and Awards Reserve appropriation account.
Section 1208, Pub. L. 102–166, title III, §308, Nov. 21, 1991, 105 Stat. 1092, related to review by Select Committee on Ethics of decisions on violations of rights of Senate employees.
Section 1209, Pub. L. 102–166, title III, §309, Nov. 21, 1991, 105 Stat. 1093; Pub. L. 102–392, title III, §316(a), Oct. 6, 1992, 106 Stat. 1724; Pub. L. 103–50, ch. XII, §1204(a), July 2, 1993, 107 Stat. 268, related to judicial review of decisions regarding violations of rights of Senate employees.
Section 1210, Pub. L. 102–166, title III, §310, Nov. 21, 1991, 105 Stat. 1094, related to resolution of complaints for violations of rights of Senate employees.
Section 1211, Pub. L. 102–166, title III, §311, Nov. 21, 1991, 105 Stat. 1094, related to costs of attending hearings on violations of Senate employee rights.
Section 1212, Pub. L. 102–166, title III, §312, Nov. 21, 1991, 105 Stat. 1094; Pub. L. 103–283, title III, §312(f)(3), July 22, 1994, 108 Stat. 1446, prohibited intimidation or reprisal against Senate employees for exercising rights under this chapter.
Section 1213, Pub. L. 102–166, title III, §313, Nov. 21, 1991, 105 Stat. 1095, related to confidentiality of proceedings under this chapter.
Section 1214, Pub. L. 102–166, title III, §314, Nov. 21, 1991, 105 Stat. 1095, provided that this chapter was enacted as an exercise of rulemaking power of Senate.
Section 1215, Pub. L. 102–166, title III, §316, Nov. 21, 1991, 105 Stat. 1095, related to consideration of political affiliation and place of residence in Senate employment decisions.
Section 1216, Pub. L. 102–166, title III, §317, Nov. 21, 1991, 105 Stat. 1096, related to exclusiveness of this chapter as remedy for discriminatory practices relative to Senate employment.
Section 1217, Pub. L. 102–166, title III, §318, Nov. 21, 1991, 105 Stat. 1096, expressed sense of Senate that legislation be enacted giving employees of other instrumentalities of Congress rights comparable to those granted in this chapter.
Section 1218, Pub. L. 102–166, title III, §319, Nov. 21, 1991, 105 Stat. 1096, reaffirmed Senate's commitment to Rule XLII of Standing Rules of the Senate, relating to employment discrimination on basis of race, color, religion, sex, national origin, age, or state of physical handicap.
Statutory Notes and Related Subsidiaries
Savings Provision
Pub. L. 104–1, title V, §504(a)(2), (5), Jan. 23, 1995, 109 Stat. 41, provided in part that sections 1203 to 1218 of this title are repealed, except as provided in section 1435 of this title.
§1219. Repealed. Pub. L. 104–331, §5(a), Oct. 26, 1996, 110 Stat. 4072
Section, Pub. L. 102–166, title III, §303, formerly §320, Nov. 21, 1991, 105 Stat. 1096; renumbered §303 and amended Pub. L. 104–1, title V, §504(a)(3), (4), Jan. 23, 1995, 109 Stat. 41, provided protection from discriminatory practices with respect to employment of Presidential appointees.
A prior section 303 of Pub. L. 102–166 was classified to section 1203 of this title prior to repeal by Pub. L. 104–1.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 104–331, §5(b), Oct. 26, 1996, 110 Stat. 4072, provided that: "This section [repealing this section and enacting provisions set out as a note below] shall take effect on October 1, 1997."
Savings Provision
Pub. L. 104–331, §5(c), Oct. 26, 1996, 110 Stat. 4072, provided that: "The repeal under this section [repealing this section] shall not affect proceedings under such section 303 in which a complaint was filed before the effective date of this section [Oct. 1, 1997], and orders shall be issued in such proceedings and appeals shall be taken therefrom as if this section had not been enacted."
§1220. Transferred
Editorial Notes
Codification
Section, Pub. L. 102–166, title III, §304, formerly §321, Nov. 21, 1991, 105 Stat. 1097; renumbered §304 and amended Pub. L. 104–1, title V, §504(a)(3), (4), Jan. 23, 1995, 109 Stat. 41, which provided for application of provisions of section 1202 to previously exempt State employees, enforcement by administrative action, judicial review, and attorney fees, was transferred to section 2000e–16c of Title 42, The Public Health and Welfare.
§1221. Repealed. Pub. L. 104–1, title V, §504(a)(2), Jan. 23, 1995, 109 Stat. 41
Section, Pub. L. 102–166, title III, §322, Nov. 21, 1991, 105 Stat. 1098, related to severability.
Statutory Notes and Related Subsidiaries
Savings Provision
Pub. L. 104–1, title V, §504(a)(2), Jan. 23, 1995, 109 Stat. 41, provided in part that section 1221 of this title is repealed, except as provided in section 1435 of this title.
§1222. Repealed. Pub. L. 102–392, title III, §316(b), Oct. 6, 1992, 106 Stat. 1724
Section, Pub. L. 102–166, title III, §323, Nov. 21, 1991, 105 Stat. 1098, required President or Member of Senate to reimburse appropriate Federal account for payment made on his or her behalf for violation of this chapter.
§§1223, 1224. Repealed. Pub. L. 104–1, title V, §504(a)(2), Jan. 23, 1995, 109 Stat. 41
Section 1223, Pub. L. 102–166, title III, §324, Nov. 21, 1991, 105 Stat. 1099, related to reports of Senate committees.
Section 1224, Pub. L. 102–166, title III, §325, Nov. 21, 1991, 105 Stat. 1099, related to intervention and expedited reviews of certain appeals based on constitutionality of sections 1209 and 1219 of this title.
Statutory Notes and Related Subsidiaries
Savings Provision
Pub. L. 104–1, title V, §504(a)(2), Jan. 23, 1995, 109 Stat. 41, provided in part that sections 1223 and 1224 of this title are repealed, except as provided in section 1435 of this title.
CHAPTER 24—CONGRESSIONAL ACCOUNTABILITY
SUBCHAPTER I—GENERAL
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
Part B—Public Services and Accommodations Under Americans with Disabilities Act of 1990
Part C—Occupational Safety and Health Act of 1970
Part D—Labor-Management Relations
Part E—General
Part F—Study
SUBCHAPTER III—OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
SUBCHAPTER IV—ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
SUBCHAPTER V—MISCELLANEOUS PROVISIONS
SUBCHAPTER I—GENERAL
§1301. Definitions
(a) In general
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 Congressional Workplace Rights.
(2) Chair
The term "Chair" means the Chair of the Board of Directors of the Office of Congressional Workplace Rights.
(3) Covered employee
The term "covered employee" means any employee of—
(A) the House of Representatives;
(B) the Senate;
(C) the Office of Congressional Accessibility Services;
(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 Congressional Workplace Rights;
(I) the Office of Technology Assessment;
(J) the Library of Congress, except for section 1351 of this title; or
(K) the John C. Stennis Center for Public Service Training and Development.
(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 or the Botanic Garden.
(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 Chief Administrative Officer 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 (K) 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 (K) of paragraph (3).
(9) Employing office
The term "employing office" means—
(A) the personal office of a Member of the House of Representatives or of a Senator;
(B) a committee of the House of Representatives or the Senate or a joint committee;
(C) any other office headed by a person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an employee of the House of Representatives or the Senate;
(D) the Office of Congressional Accessibility Services, the United States Capitol Police, the Congressional Budget Office, the Office of the Architect of the Capitol, the Office of the Attending Physician, the Office of Congressional Workplace Rights, the Office of Technology Assessment, and the John C. Stennis Center for Public Service Training and Development; or
(E) the Library of Congress, except for section 1351 of this title.
(10) Executive Director
The term "Executive Director" means the Executive Director of the Office of Congressional Workplace Rights.
(11) General Counsel
The term "General Counsel" means the General Counsel of the Office of Congressional Workplace Rights.
(12) Office
The term "Office" means the Office of Congressional Workplace Rights.
(b) Clarification of coverage of employees of certain commissions
(1) Coverage
With respect to the United States Commission on International Religious Freedom, the China Review Commission, the Congressional-Executive China Commission, and the Helsinki Commission—
(A) any individual who is an employee of such Commission shall be considered a covered employee for purposes of this chapter; and
(B) the Commission shall be considered an employing office for purposes of this chapter.
(2) Authority to provide legal assistance and representation
(A) Subject to paragraph (3), legal assistance and representation under this chapter, including assistance and representation with respect to the proposal or acceptance of the disposition of a claim under this chapter, shall be provided to the China Review Commission, the Congressional-Executive China Commission, and the Helsinki Commission—
(i) by the Office of House Employment Counsel of the House of Representatives, in the case of assistance and representation in connection with a claim filed under subchapter IV (including all subsequent proceedings under such subchapter in connection with the claim) at a time when the chair of the Commission is a Member of the House, and in the case of assistance and representation in connection with any subsequent claim under subchapter IV related to the initial claim where the subsequent claim involves the same parties; or
(ii) by the Office of Senate Chief Counsel for Employment of the Senate, in the case of assistance and representation in connection with a claim filed under subchapter IV (including all subsequent proceedings under such subchapter in connection with the claim) at a time when the chair of the Commission is a Senator, and in the case of assistance and representation in connection with any subsequent claim under subchapter IV related to the initial claim where the subsequent claim involves the same parties.
(B) Legal assistance and representation under this chapter, including assistance and representation with respect to the proposal or acceptance of the disposition of a claim under this chapter, shall be provided to the United States Commission on International Religious Freedom by the Office of Senate Chief Counsel for Employment of the Senate, in the case of assistance and representation in connection with a claim filed under subchapter IV (including all subsequent proceedings under such subchapter in connection with such claim).
(3) Definitions
In this subsection—
(A) the term "China Review Commission" means the United States-China Economic and Security Review Commission established under section 7002 of title 22, as enacted into law by section 1 of Public Law 106–398;
(B) the term "Congressional-Executive China Commission" means the Congressional–Executive Commission on the People's Republic of China established under title III of the U.S.–China Relations Act of 2000 (Public Law 106–286; 22 U.S.C. 6911 et seq.);
(C) the term "Helsinki Commission" means the Commission on Security and Cooperation in Europe established under the Act entitled "An Act to establish a Commission on Security and Cooperation in Europe", approved June 3, 1976 (Public Law 94–304; 22 U.S.C. 3001 et seq.); and
(D) the term "United States Commission on International Religious Freedom" means the Commission established under section 6431 of title 22.
(Pub. L. 104–1, title I, §101, Jan. 23, 1995, 109 Stat. 4; Pub. L. 110–279, §1(g)(1), July 17, 2008, 122 Stat. 2609; Pub. L. 110–437, title IV, §422(b)(1), (2), Oct. 20, 2008, 122 Stat. 4996; Pub. L. 111–145, §2(a)(5)(A), Mar. 4, 2010, 124 Stat. 50; Pub. L. 115–141, div. I, title I, §153(a)(1)(A), Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, §§302(b), 305(a)–(c), 308(b)(1)–(7), Dec. 21, 2018, 132 Stat. 5321, 5323, 5324, 5326; Pub. L. 116–94, div. J, title VIII, §805(b), Dec. 20, 2019, 133 Stat. 3077.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
The U.S.–China Relations Act of 2000, referred to in subsec. (b)(3)(B), is div. B of Pub. L. 106–286, Oct. 10, 2000, 114 Stat. 891. Title III of the Act is classified to subchapter II (§6911 et seq.) of chapter 77 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 22 and Tables.
Amendments
2019—Subsec. (b)(1). Pub. L. 116–94, §805(b)(1), inserted "the United States Commission on International Religious Freedom," after "With respect to" in introductory provisions.
Subsec. (b)(2). Pub. L. 116–94, §805(b)(2), inserted subpar. (A) designation before "Subject to paragraph (3),", redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B).
Subsec. (b)(3)(D). Pub. L. 116–94, §805(b)(3), added subpar. (D).
2018—Pub. L. 115–397, §305(a), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Subsec. (a). Pub. L. 115–397, §308(b)(1)–(7), substituted "Office of Congressional Workplace Rights" for "Office of Compliance" wherever appearing.
Par. (3)(J). Pub. L. 115–141, §153(a)(1)(A)(i), added subpar. (J). Par. (3)(J) subsequently redesignated subsec. (a)(3)(J).
Subsec. (a)(3)(K). Pub. L. 115–397, §305(b)(1), added subpar. (K).
Subsec. (a)(7). Pub. L. 115–397, §305(c), substituted "subparagraphs (C) through (K)" for "subparagraphs (C) through (I)".
Pub. L. 115–397, §302(b), substituted "disbursed by the Chief Administrative Officer of the House of Representatives" for "disbursed by the Clerk of the House of Representatives". Amendment, which was directed to par. (7), was executed to subsec. (a)(7) to reflect the intervening redesignation made by section 305(a) of Pub. L. 115–397. See above.
Subsec. (a)(8). Pub. L. 115–397, §305(c), substituted "subparagraphs (C) through (K)" for "subparagraphs (C) through (I)".
Subsec. (a)(9)(D). Pub. L. 115–397, §305(b)(2), substituted "the Office of Technology Assessment, and the John C. Stennis Center for Public Service Training and Development" for "and the Office of Technology Assessment".
Par. (9)(E). Pub. L. 115–141, §153(a)(1)(A)(ii), added subpar. (E). Par. (9)(E) subsequently redesignated subsec. (a)(9)(E).
2010—Par. (9)(D). Pub. L. 111–145 substituted "the United States Capitol Police," for "the Capitol Police Board,".
2008—Par. (3)(C). Pub. L. 110–437, §422(b)(1), substituted "the Office of Congressional Accessibility Services;" for "the Capitol Guide Service;".
Par. (5). Pub. L. 110–279, which directed substitution of "or the Botanic Garden" for ", the Botanic Garden, or the Senate Restaurant", was executed by making the substitution for ", the Botanic Garden, or the Senate Restaurants" to reflect the probable intent of Congress.
Par. (9)(D). Pub. L. 110–437, §422(b)(2), substituted "the Office of Congressional Accessibility Services," for "the Capitol Guide Board,".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–397, title III, §305(d), Dec. 21, 2018, 132 Stat. 5324, provided that: "The amendments made by this section [amending this section] shall take effect as if included in the enactment of the Congressional Accountability Act of 1995 [Pub. L. 104–1]."
Amendment by section 308(b) of Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title.
Pub. L. 115–397, title IV, §401, Dec. 21, 2018, 132 Stat. 5327, provided that:
"(a)
"(b)
Pub. L. 115–141, div. I, title I, §153(c), Mar. 23, 2018, 132 Stat. 787, provided that: "This section [amending this section and sections 1314 to 1316, 1331, 1341, 1351, 1401, 1404, and 1415 of this title] and the amendments made by this section—
"(1) shall take effect on the date of enactment of this section [Mar. 23, 2018]; and
"(2) shall apply to any charge, complaint, or claim, that is made on or after the date of enactment of this section, of a violation of—
"(A) section 201, 202, 203, 207, or 210 of the Congressional Accountability Act of 1995 (2 U.S.C. 1311 et seq.) [2 U.S.C. 1311, 1312, 1313, 1317, 1331]; or
"(B) a direct provision as defined in section 404(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1404[(a)]) (as added by subsection (b))."
Effective Date of 2008 Amendment
Pub. L. 110–437, title IV, §422(d), Oct. 20, 2008, 122 Stat. 4997, provided that: "The amendments made by this section [amending this section and sections 1331 and 1341 of this title and section 2107 of Title 5, Government Organization and Employees, and repealing section 2166 of this title] shall take effect on the transfer date [first day of first pay period (applicable to employees transferred under section 2241 of this title) on or after 30 days after Oct. 20, 2008, see section 2261 of this title]."
Amendment by Pub. L. 110–279 effective July 17, 2008, and applicable to remainder of fiscal year in which enacted and each fiscal year thereafter, see section 2051(i) of this title.
Short Title of 2021 Amendment
Pub. L. 116–283, div. A, title XI, §1103(a), Jan. 1, 2021, 134 Stat. 3886, provided that: "This section [amending section 1312 of this title, section 412 of Title 3, The President, sections 6301, 6381, and 6382 of Title 5, Government Organization and Employees, section 7425 of Title 38, Veterans' Benefits, and section 40122 of Title 49, Transportation, and enacting provisions set out as notes under section 1312 of this title, section 412 of Title 3, section 7425 of Title 38, and section 40122 of Title 49] may be cited as the 'Paid Parental Leave Technical Corrections Act of 2020'."
Short Title of 2018 Amendment
Pub. L. 115–397, §1(a), Dec. 21, 2018, 132 Stat. 5297, provided that: "This Act [enacting sections 1362, 1388, 1402a, 1417, 1437a, and 1437b of this title, amending this section and sections 1302, 1311, 1331, 1341, 1351, 1361, 1381, 1382, 1384, 1401 to 1405, 1408, 1414 to 1416, 1431, and 1438 of this title and section 8437 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under this section and sections 1331, 1381, and 1415 of this title] may be cited as the 'Congressional Accountability Act of 1995 Reform Act'."
Short Title of 2015 Amendment
Pub. L. 114–6, §1, Mar. 20, 2015, 129 Stat. 81, provided that: "This Act [amending sections 1403, 1404, and 1416 of this title and enacting provisions set out as notes under sections 1381 and 1403 of this title] may be cited as the 'Office of Compliance Administrative and Technical Corrections Act of 2015'."
Short Title
Pub. L. 104–1, §1(a), Jan. 23, 1995, 109 Stat. 3, provided that: "This Act [enacting this chapter, amending sections 1201, 1202, 1219, 1220, and 1831 of this title, section 6381 of Title 5, Government Organization and Employees, sections 203, 633a, 2611, and 2617 of Title 29, Labor, and sections 2000e–16 and 12209 of Title 42, The Public Health and Welfare, repealing sections 60m, 60n, 1203 to 1218, 1221, 1223, and 1224 of this title, and enacting provisions set out as a note under section 751 of Title 31, Money and Finance] may be cited as the 'Congressional Accountability Act of 1995'."
Construction of 2010 Amendment
Pub. L. 111–145, §2(a)(5)(B), Mar. 4, 2010, 124 Stat. 50, provided that: "Nothing in the amendment made by subparagraph (A) [amending this section] may be construed to affect any procedure initiated under title IV of the Congressional Accountability Act of 1995 [2 U.S.C. 1401 et seq.] prior to the date of the enactment of this Act [Mar. 4, 2010]."
§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.
(12) Section 9202 of title 5.1
(b) Laws which may be made applicable
(1) In general
The Board shall review provisions of Federal law (including regulations) relating to (A) the terms and conditions of employment (including hiring, promotion, demotion, termination, salary, wages, overtime compensation, benefits, work assignments or reassignments, grievance and disciplinary procedures, protection from discrimination in personnel actions, occupational health and safety, and family and medical and other leave) of employees, and (B) access to public services and accommodations.
(2) Board report
Beginning on December 31, 1996, and every 2 years thereafter, the Board shall report on (A) whether or to what degree the provisions described in paragraph (1) are applicable or inapplicable to the legislative branch, and (B) with respect to provisions inapplicable to the legislative branch, whether such provisions should be made applicable to the legislative branch. The presiding officers of the House of Representatives and the Senate shall cause each such report to be printed in the Congressional Record and each such report shall be referred to the committees of the House of Representatives and the Senate with jurisdiction.
(3) Reports of congressional committees
Each report accompanying any bill or joint resolution relating to terms and conditions of employment or access to public services or accommodations reported by a committee of the House of Representatives or the Senate shall—
(A) describe the manner in which the provisions of the bill or joint resolution apply to the legislative branch; or
(B) in the case of a provision not applicable to the legislative branch, include a statement of the reasons the provision does not apply.
On the objection of any Member, it shall not be in order for the Senate or the House of Representatives to consider any such bill or joint resolution if the report of the committee on such bill or joint resolution does not comply with the provisions of this paragraph. This paragraph may be waived in either House by majority vote of that House.
(c) Genetic Information Nondiscrimination Act of 2008
(1) In general
The provisions of this chapter that apply to a violation of section 1311(a)(1) of this title shall be considered to apply to a violation of title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.), consistent with section 207(c) of that Act (42 U.S.C. 2000ff–6(c)).
(2) Construction
(A) No limitation on other laws
Nothing in this section limits the provisions of this chapter that apply to a violation of a law described in subparagraph (B).
(B) Other laws
A law described in this subparagraph is a law (even if not listed in subsection (a) or this subsection) that explicitly applies one or more provisions of this chapter to a violation.
(Pub. L. 104–1, title I, §102, Jan. 23, 1995, 109 Stat. 5; Pub. L. 115–397, title III, §301, Dec. 21, 2018, 132 Stat. 5320; Pub. L. 116–92, div. A, title XI, §1122(d)(1)(A), Dec. 20, 2019, 133 Stat. 1608.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
The Fair Labor Standards Act of 1938, referred to in subsec. (a)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
The Civil Rights Act of 1964, referred to in subsec. (a)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 252. Title VII of the Act is classified generally to subchapter VI (§2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(3), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Age Discrimination in Employment Act of 1967, referred to in subsec. (a)(4), is Pub. L. 90–202, Dec. 15, 1967, 81 Stat. 602, which is classified generally to chapter 14 (§621 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 29 and Tables.
The Family and Medical Leave Act of 1993, referred to in subsec. (a)(5), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6, as amended, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§2601 et seq.) of Title 29, Labor, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.
The Occupational Safety and Health Act of 1970, referred to in subsec. (a)(6), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§651 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.
The Employee Polygraph Protection Act of 1988, referred to in subsec. (a)(8), is Pub. L. 100–347, June 27, 1988, 102 Stat. 646, which is classified generally to chapter 22 (§2001 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 29 and Tables.
The Worker Adjustment and Retraining Notification Act, referred to in subsec. (a)(9), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§2101 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Tables.
The Rehabilitation Act of 1973, referred to in subsec. (a)(10), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§701 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (c)(1), is Pub. L. 110–233, May 21, 2008, 122 Stat. 881. Title II of the Act is classified generally to chapter 21F (§2000ff et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000ff of Title 42 and Tables.
Amendments
2019—Subsec. (a)(12). Pub. L. 116–92 added par. (12).
2018—Subsec. (c). Pub. L. 115–397 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Subsec. (a)(12) of this section, as added by Pub. L. 116–92, effective 2 years after Dec. 20, 2019, see section 1316b(e) of this title and section 1122(b)(2) of Pub. L. 116–92, set out as a note under section 9202 of Title 5, Government Organization and Employees.
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
1 See Effective Date of 2019 Amendment note below.
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 Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Rehabilitation Act of 1973, and title I of Americans with Disabilities Act of 1990
(a) Discriminatory practices prohibited
All personnel actions affecting covered employees shall be made free from any discrimination based on—
(1) race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2);
(2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
(3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102 through 104 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112–12114).
(b) Remedy
(1) Civil rights
The remedy for a violation of subsection (a)(1) 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. 2000e–5(g)); and
(B) such compensatory damages as would be appropriate if awarded under section 1981 of title 42, or as would be appropriate if awarded under sections 1981a(a)(1), 1981a(b)(2), and, irrespective of the size of the employing office, 1981a(b)(3)(D) of title 42.
(2) Age discrimination
The remedy for a violation of subsection (a)(2) 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) 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 1981a(a)(2), 1981a(a)(3), 1981a(b)(2), and, irrespective of the size of the employing office, 1981a(b)(3)(D) of title 42.
(c) Omitted
(d) Application to unpaid staff
(1) In general
Subsections (a) and (b) shall apply with respect to—
(A) any staff member of an employing office who carries out official duties of the employing office but who is not paid by the employing office for carrying out such duties (referred to in this subsection as an "unpaid staff member"), including an intern, an individual detailed to an employing office, and an individual participating in a fellowship program, in the same manner and to the same extent as such subsections apply with respect to a covered employee; and
(B) a former unpaid staff member, if the act that may be a violation of subsection (a) occurred during the service of the former unpaid staffer for the employing office.
(2) Rule of construction
Nothing in paragraph (1) may be construed to extend liability for a violation of subsection (a) to an employing office on the basis of an action taken by any person who is not under the supervision or control of the employing office.
(3) Intern defined
For purposes of this subsection, the term "intern" means an individual who performs service for an employing office which is uncompensated by the United States to earn credit awarded by an educational institution or to learn a trade or occupation, and includes any individual participating in a page program operated by any House of Congress.
(e) Effective date
This section shall take effect 1 year after January 23, 1995.
(Pub. L. 104–1, title II, §201, Jan. 23, 1995, 109 Stat. 7; Pub. L. 115–397, title III, §302(a), Dec. 21, 2018, 132 Stat. 5321.)
Editorial Notes
Codification
Section is comprised of section 201 of Pub. L. 104–1. Subsec. (c) of section 201 of Pub. L. 104–1 amended section 633a of Title 29, Labor, and sections 2000e–16 and 12209 of Title 42, The Public Health and Welfare.
Amendments
2018—Subsecs. (d), (e). Pub. L. 115–397 added subsec. (d) and redesignated former subsec. (d) as (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
Coverage of House of Representatives and the Agencies of the Legislative Branch
Pub. L. 102–166, title I, §117, Nov. 21, 1991, 105 Stat. 1080, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that:
"(a)
"(1)
"(2)
"(A)
"(B)
"(i)
"(ii)
"(C)
"(b)
"(1)
"(2)
"(3)
"(4)
"(5)
[Section effective Nov. 21, 1991, except as otherwise provided, see section 402(a) of Pub. L. 102–166, set out as an Effective Date of 1991 Amendment note under section 1981 of Title 42, The Public Health and Welfare.]
§1312. Rights and protections under 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. In applying section 102 of such Act [29 U.S.C. 2612] with respect to leave for an event described in subsection (a)(1)(A) or (B) of such section to covered employees, subsection (d) of this section shall apply. Paragraphs (1) and (4) of section 102(a) of such Act [29 U.S.C. 2612(a)(1), (4)] shall be subject to subsection (d) of this section.
(2) Definitions
For purposes of the application described in paragraph (1)—
(A) the term "employer" as used in the Family and Medical Leave Act of 1993 means any employing office, and
(B) the term "eligible employee" as used in the Family and Medical Leave Act of 1993 means a covered employee who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months.
The requirements of subparagraph (B) shall not apply with respect to leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)).
(b) Remedy
The remedy for a violation of subsection (a) 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) Special rule for paid parental leave
(1) Substitution of paid leave
A covered employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid leave which is available to such employee for that purpose.
(2) Amount of paid leave
The paid leave that is available to a covered employee for purposes of paragraph (1) is—
(A) the number of weeks of paid parental leave in connection with the birth or placement involved that corresponds to the number of administrative workweeks of paid parental leave available to employees under section 6382(d)(2)(B)(i) of title 5; and
(B) during the 12-month period referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) and in addition to the administrative workweeks described in subparagraph (A), any additional paid vacation, personal, family, medical, or accrued sick leave provided by the employing office to such employee.
(3) Limitation
Nothing in this section or section 102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)(A)) shall be considered to require or permit an employing office to require that an employee first use all or any portion of the leave described in paragraph (2)(B) before being allowed to use the paid parental leave described in paragraph (2)(A).
(4) Additional rules
Paid parental leave under paragraph (2)(A)—
(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office;
(B) if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate for any subsequent use; and
(C) shall apply without regard to the limitations in subparagraph (E), (F), or (G) of section 6382(d)(2) of title 5 or section 104(c)(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)).
(e) 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) 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.
(f) Effective date
(1) In general
Subsections (a) and (b) shall be effective 1 year after January 23, 1995.
(2) Government Accountability Office and Library of Congress
Subsection (c) 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, §202, Jan. 23, 1995, 109 Stat. 9; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 116–92, div. F, title LXXVI, §7603(a), (b), Dec. 20, 2019, 133 Stat. 2306, 2307; Pub. L. 116–283, div. A, title XI, §1103(g)(1), Jan. 1, 2021, 134 Stat. 3889.)
Editorial Notes
References in Text
The Family and Medical Leave Act of 1993, referred to in subsec. (a)(2), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§2601 et seq.) of Title 29, Labor, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.
Subsection (c) of this section, referred to in subsec. (f)(2), amended section 6381 of Title 5, Government Organization and Employees, and sections 2611 and 2617 of Title 29, Labor.
Codification
Section is comprised of section 202 of Pub. L. 104–1. Subsec. (c) of section 202 of Pub. L. 104–1 amended section 6381 of Title 5, Government Organization and Employees, and sections 2611 and 2617 of Title 29, Labor.
Amendments
2021—Subsec. (d)(2)(B). Pub. L. 116–283 inserted "accrued" before "sick leave".
2019—Subsec. (a)(1). Pub. L. 116–92, §7603(a)(1), inserted at end "In applying section 102 of such Act with respect to leave for an event described in subsection (a)(1)(A) or (B) of such section to covered employees, subsection (d) of this section shall apply. Paragraphs (1) and (4) of section 102(a) of such Act shall be subject to subsection (d) of this section."
Subsec. (a)(2). Pub. L. 116–92, §7603(b), which directed insertion of "The requirements of subparagraph (B) shall not apply with respect to leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))." at end of par. (2), was executed by inserting sentence as concluding provisions of par. (2) to reflect the probable intent of Congress.
Subsecs. (d) to (f). Pub. L. 116–92, §7603(a)(2), (3), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
2004—Subsec. (e)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in heading.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 116–283, div. A, title XI, §1103(g)(2), Jan. 1, 2021, 134 Stat. 3889, provided that: "The amendment made by this subsection [amending this section] shall apply with respect to any event for which leave may be taken under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1995 [probably means Family and Medical Leave Act of 1993] (29 U.S.C. 2612(a)(1)) and occurring on or after October 1, 2020."
Effective Date of 2019 Amendment
Pub. L. 116–92, div. F, title LXXVI, §7603(c), Dec. 20, 2019, 133 Stat. 2307, provided that: "The amendments made by this section [amending this section] shall not be effective with respect to any birth or placement occurring before October 1, 2020."
Clarification for Members of the National Guard and Reserves: Congressional Employees
Pub. L. 116–92, div. F, title LXXVI, §7605(b), Dec. 20, 2019, 133 Stat. 2308, provided that: "For purposes of determining the eligibility of a covered employee (as such term is defined in section 101[(a)](3) of the Congressional Accountability Act [2 U.S.C. 1301(a)(3)]) who is a member of the National Guard or Reserves to take leave under section 102(a) of the Family and Medical Leave Act of 1993 [29 U.S.C. 2612(a)] (pursuant to section 202(a)(1) of the Congressional Accountability Act [2 U.S.C. 1312(a)(1)]), any service by such employee on active duty (as defined in section 101[(a)](14) of the Family and Medical Leave Act of 1993 [2 U.S.C. 1301(a)(14)]) shall be counted as time during which such employee has been employed in an employing office for purposes of section 202(a)(2)(B) of the Congressional Accountability Act [2 U.S.C. 1312(a)(2)(B)]."
§1313. Rights and protections under 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).
(3) Compensatory time
Except as provided in regulations under subsection (c)(3) and in subsection (c)(4), covered employees may not receive compensatory time in lieu of overtime compensation.
(b) Remedy
The remedy for a violation of subsection (a) 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 as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) 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 [29 U.S.C. 201 et seq.] 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
(e) Effective date
Subsections (a) and (b) shall be effective 1 year after January 23, 1995.
(Pub. L. 104–1, title II, §203, Jan. 23, 1995, 109 Stat. 10; Pub. L. 104–197, title III, §312, Sept. 16, 1996, 110 Stat. 2415.)
Editorial Notes
References in Text
The Fair Labor Standards Act of 1938, referred to in subsec. (c)(3), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
Codification
Section is comprised of section 203 of Pub. L. 104–1. Subsec. (d) of section 203 of Pub. L. 104–1 amended section 203 of Title 29, Labor.
Amendments
1996—Subsec. (a)(3). Pub. L. 104–197, §312(a), inserted "and in subsection (c)(4) of this section" after "subsection (c)(3) of this section".
Subsec. (c)(4). Pub. L. 104–197, §312(b), added par. (4).
Statutory Notes and Related Subsidiaries
Application of Rights and Protections of Fair Labor Standards Act of 1938 to Congressional and Architect of the Capitol Employees
Pub. L. 101–157, §8, Nov. 17, 1989, 103 Stat. 944, provided that:
"(a)
"(1)
"(2)
"(b)
§1314. Rights and protections under 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 term "employing office" shall include the Government Accountability Office.
(3) Capitol Police
Nothing in this section shall preclude the Capitol Police from using lie detector tests in accordance with regulations under subsection (c).
(b) Remedy
The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 6(c)(1) 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) 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) 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, §204, Jan. 23, 1995, 109 Stat. 10; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 115–141, div. I, title I, §153(a)(2)(A), Mar. 23, 2018, 132 Stat. 785.)
Editorial Notes
Amendments
2018—Subsec. (a)(2). Pub. L. 115–141 struck out "and the Library of Congress" after "the Government Accountability Office" in two places.
2004—Subsec. (a)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in two places.
Subsec. (d)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in heading and text.
§1315. Rights and protections under 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 term "employing office" shall include the Government Accountability Office.
(b) Remedy
The remedy for a violation of subsection (a) 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) 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) 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, §205, Jan. 23, 1995, 109 Stat. 11; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 115–141, div. I, title I, §153(a)(2)(B), Mar. 23, 2018, 132 Stat. 785.)
Editorial Notes
Amendments
2018—Subsec. (a)(2). Pub. L. 115–141 struck out "and the Library of Congress" after "the Government Accountability Office" in two places.
2004—Subsec. (a)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in two places.
Subsec. (d)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in heading and text.
§1316. Rights and protections relating to veterans' employment and reemployment
(a) Employment and reemployment rights of members of 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
(C) the term "employing office" includes the Government Accountability Office.
(b) Remedy
The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 4323(d) 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) 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) 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, §206, Jan. 23, 1995, 109 Stat. 12; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–275, title VII, §703(b), Oct. 13, 2010, 124 Stat. 2888; Pub. L. 115–141, div. I, title I, §153(a)(2)(C), Mar. 23, 2018, 132 Stat. 785.)
Editorial Notes
Amendments
2018—Subsec. (a)(2)(B), (C). Pub. L. 115–141 struck out "and the Library of Congress" after "the Government Accountability Office".
2010—Subsec. (b). Pub. L. 111–275 substituted "under section 4323(d) of title 38" for "under paragraphs (1), (2)(A), and (3) of section 4323(c) of title 38".
2004—Subsec. (a)(2)(B), (C). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
Subsec. (d)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in heading and text.
§1316a. Legislative branch appointments
(1) Definitions
For the purposes 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, 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 401 of the Congressional Accountability Act of 1995 [2 U.S.C. 1401] (and the provisions of law referred to therein) in the case of an alleged violation of part A of title II of such Act [2 U.S.C. 1311 et seq.].
(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 the 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 the regulations under paragraph (4).
(Pub. L. 105–339, §4(c), Oct. 31, 1998, 112 Stat. 3185.)
Editorial Notes
References in Text
The Congressional Accountability Act of 1995, referred to in par. (3)(B), is Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3. Part A (§§201–207) of title II of the Act is classified principally to this part. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Codification
Section was enacted as part of the Veterans Employment Opportunities Act of 1998, and not as part of the Congressional Accountability Act of 1995 which comprises this chapter.
§1316b. Rights and protections relating to criminal history inquiries
(a) Definitions
In this section, the terms "agency", "criminal history record information", and "suspension" have the meanings given the terms in section 9201 of title 5, except as otherwise modified by this section.
(b) Restrictions on criminal history inquiries
(1) In general
(A) In general
Except as provided in subparagraph (B), an employee of an employing office may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5 if made by an employee of an agency.
(B) Conditional offer
For purposes of applying that section 9202 under subparagraph (A), a reference in that section 9202 to a conditional offer shall be considered to be an offer of employment as a covered employee that is conditioned upon the results of a criminal history inquiry.
(2) Rules of construction
The provisions of section 9206 of title 5 shall apply to employing offices, consistent with regulations issued under subsection (d).
(c) Remedy
(1) In general
The remedy for a violation of subsection (b)(1) shall be such remedy as would be appropriate if awarded under section 9204 of title 5 if the violation had been committed by an employee of an agency, consistent with regulations issued under subsection (d), except that the reference in that section to a suspension shall be considered to be a suspension with the level of compensation provided for a covered employee who is taking unpaid leave under section 1312 of this title.
(2) Process for obtaining relief
An applicant for employment as a covered employee who alleges a violation of subsection (b)(1) may rely on the provisions of subchapter IV (other than section 1407 or 1408 of this title, or a provision of this subchapter that permits a person to obtain a civil action or judicial review), consistent with regulations issued under subsection (d).
(d) Regulations to implement section
(1) In general
Not later than 18 months after December 20, 2019, the Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.
(2) Parallel with agency regulations
The regulations issued under paragraph (1) shall be the same as substantive regulations issued by the Director of the Office of Personnel Management under section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 1 to implement the statutory provisions referred to in subsections (a) through (c) 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.
(e) Effective date
Section 1302(a)(12) of this title and subsections (a) through (c) shall take effect on the date on which section 9202 of title 5 applies with respect to agencies.
(Pub. L. 104–1, title II, §207, as added Pub. L. 116–92, div. A, title XI, §1122(d)(1)(C), Dec. 20, 2019, 133 Stat. 1608.)
Editorial Notes
References in Text
This subchapter, referred to in subsec. (c)(2), was in the original "this title", meaning title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to this subchapter. For complete classification of title II to the Code, see Tables.
Section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019, referred to in subsec. (d)(2), probably means section 1122(b)(1) of Pub. L. 116–92, which relates to regulations and is set out as a note under section 9201 of Title 5, Government Organization and Employees. Section 1122 of Pub. L. 116–92 is the second section of the Fair Chance to Compete for Jobs Act of 2019, which was enacted as subtitle B of title XI of Pub. L. 116–92.
Prior Provisions
A prior section 207 of Pub. L. 104–1 was renumbered section 208 and is classified to section 1317 of this title.
1 See References in Text note below.
§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) shall be such legal or equitable remedy as may be appropriate to redress a violation of subsection (a).
(Pub. L. 104–1, title II, §208, formerly §207, Jan. 23, 1995, 109 Stat. 13; renumbered §208, Pub. L. 116–92, div. A, title XI, §1122(d)(1)(B), Dec. 20, 2019, 133 Stat. 1608.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Part B—Public Services and Accommodations Under Americans with Disabilities Act of 1990
§1331. Rights and protections under 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 Office of Congressional Accessibility Services;
(5) the Capitol Police;
(6) the Congressional Budget Office;
(7) the Office of the Architect of the Capitol (including the Botanic Garden);
(8) the Office of the Attending Physician;
(9) the Office of Congressional Workplace Rights;
(10) the Office of Technology Assessment; and
(11) the Library of Congress.
(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).
(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) that provides public services, programs, or activities.
(c) Remedy
The remedy for a violation of subsection (b) 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) by an entity listed in subsection (a), may file a charge against any entity responsible for correcting the violation with the General Counsel within 180 days of the occurrence of the alleged violation. The General Counsel shall investigate the charge.
(2) Mediation
If, upon investigation under paragraph (1), the General Counsel believes that a violation of subsection (b) 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) 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), 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) 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), the entity responsible for correction of a particular violation.
(f) Periodic inspections; report to Congress; initial study
(1) Periodic inspections
On a regular basis, and at least once each Congress, the General Counsel shall inspect the facilities of the entities listed in subsection (a) to ensure compliance with subsection (b).
(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,1 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), 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) 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
(h) Election of remedies relating to rights to public services and accommodations for Library visitors
(1) Definition of Library visitor
In this subsection, the term "Library visitor" means an individual who is eligible to bring a claim for a violation under title II or III of the Americans with Disabilities Act of 1990 [42 U.S.C. 12131 et seq., 12181 et seq.] (other than a violation for which the exclusive remedy is under section 1311 of this title) against the Library of Congress.
(2) Election of remedies
(A) In general
A Library visitor who alleges a violation of subsection (b) by the Library of Congress may, subject to subparagraph (B)—
(i) file a charge against the Library of Congress under subsection (d); or
(ii) use the remedies and procedures set forth in section 2000e–16 of title 42, as provided under section 510 (other than paragraph (5)) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209).
(B) Timing
A Library visitor that has initiated proceedings under clause (i) or (ii) of subparagraph (A) may elect to change and initiate a proceeding under the other clause—
(i) in the case of a Library visitor who first filed a charge pursuant to subparagraph (A)(i), before the General Counsel files a complaint under subsection (d)(3); or
(ii) in the case of a Library visitor who first initiated a proceeding under subparagraph (A)(ii), before the Library visitor requests a hearing under the procedures of the Library of Congress described in such subparagraph.
(i) Effective date
(1) In general
Subsections (b), (c), and (d) shall be effective on January 1, 1997.
(2) Government Accountability Office, Government Publishing Office, and Library of Congress
Subsection (g) 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, §210, Jan. 23, 1995, 109 Stat. 13; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–279, §1(g)(2), July 17, 2008, 122 Stat. 2609; Pub. L. 110–437, title IV, §422(b)(3), Oct. 20, 2008, 122 Stat. 4996; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 115–141, div. I, title I, §153(a)(1)(B), Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, §§303(a), (b), 308(b)(8), Dec. 21, 2018, 132 Stat. 5321, 5322, 5326.)
Editorial Notes
References in Text
The Americans with Disabilities Act of 1990, referred to in subsecs. (b)(2) and (h)(1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327. Titles II and III of the Act are classified generally to subchapters II (§12131 et seq.) and III (§12181 et seq.), respectively, of chapter 126 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Subsection (g), referred to in subsec. (i)(2), amended section 12209 of Title 42.
Codification
Section is comprised of section 210 of Pub. L. 104–1. Subsec. (g) of section 210 of Pub. L. 104–1 amended section 12209 of Title 42, The Public Health and Welfare.
Amendments
2018—Subsec. (a)(9). Pub. L. 115–397, §308(b)(8), substituted "Office of Congressional Workplace Rights" for "Office of Compliance".
Subsec. (a)(11). Pub. L. 115–141 added par. (11).
Subsec. (d)(2). Pub. L. 115–397, §303(b), made technical amendment to reference in original act which appears in text as reference to section 1403 of this title.
Subsecs. (h), (i). Pub. L. 115–397, §303(a), added subsec. (h) and redesignated former subsec. (h) as (i).
2008—Subsec. (a)(4). Pub. L. 110–437 substituted "the Office of Congressional Accessibility Services;" for "the Capitol Guide Service;".
Subsec. (a)(7). Pub. L. 110–279 substituted "the Botanic Garden" for "the Senate Restaurants and the Botanic Garden".
2004—Subsec. (h)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in heading.
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in heading of subsec. (h)(2) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Effective Date of 2018 Amendment
Pub. L. 115–397, title III, §303(c), Dec. 21, 2018, 132 Stat. 5322, provided that: "The amendments made by subsection (a) [amending this section] shall take effect as if such amendments were included in the enactment of section 153 of the Legislative Branch Appropriations Act, 2018 (Public Law 115–141), and shall apply as specified in section 153(c) of such Act [set out as a note under section 1301 of this title]."
Amendment by section 308(b)(8) of Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title.
Except as otherwise provided, amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–437 effective first day of first pay period (applicable to employees transferred under section 2241 of this title) on or after 30 days after Oct. 20, 2008, see section 422(d) of Pub. L. 110–437, set out as a note under section 1301 of this title.
Amendment by Pub. L. 110–279 effective July 17, 2008, and applicable to remainder of fiscal year in which enacted and each fiscal year thereafter, see section 2051(i) of this title.
1 So in original. The comma probably should not appear.
Part C—Occupational Safety and Health Act of 1970
§1341. Rights and protections under 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 the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.]—
(A) the term "employer" as used in such Act means an employing office;
(B) the term "employee" as used in such Act means a covered employee;
(C) the term "employing office" includes the Government Accountability Office 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.
(b) Remedy
The remedy for a violation of subsection (a) 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); or
(B) a notification to any employing office that the General Counsel believes has failed to correct a violation for which a citation has been issued within the period permitted for its correction.
(3) Hearings and review
If after issuing a citation or notification, the General Counsel determines that a violation has not been corrected, the General Counsel may file a complaint with the Office against the employing office named in the citation or notification. The complaint shall be submitted to a hearing officer for decision pursuant to subsections (b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section 1406 of this title.
(4) Variance procedures
An employing office may request from the Board an order granting a variance from a standard made applicable by this section. For the purposes of this section, the Board shall exercise the authorities granted to the Secretary of Labor in sections 6(b)(6) and 6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)(6) and 655(d)) to act on any employing office's request for a variance. The Board shall refer the matter to a hearing officer pursuant to subsections (b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section 1406 of this title.
(5) Judicial review
The General Counsel or employing office aggrieved by a final decision of the Board under paragraph (3) or (4), may file a petition for review with the United States Court of Appeals for the Federal Circuit pursuant to section 1407 of this title.
(6) Compliance date
If new appropriated funds are necessary to correct a violation of subsection (a) 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) 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), shall conduct periodic inspections of all facilities of the House of Representatives, the Senate, the Office of Congressional Accessibility Services, the Capitol Police, the Congressional Budget Office, the Office of the Architect of the Capitol, the Office of the Attending Physician, the Office of Congressional Workplace Rights, the Office of Technology Assessment, the Library of Congress, and the Government Accountability Office to report on compliance with subsection (a).
(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).
(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), 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) and shall submit the report under subsection (e)(2) 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) 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, §215, Jan. 23, 1995, 109 Stat. 16; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–437, title IV, §422(b)(4), Oct. 20, 2008, 122 Stat. 4996; Pub. L. 115–141, div. I, title I, §153(a)(2)(D), Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, §308(b)(9), Dec. 21, 2018, 132 Stat. 5326.)
Editorial Notes
References in Text
The Occupational Safety and Health Act of 1970, referred to in subsec. (a)(2), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.
Amendments
2018—Subsec. (a)(2)(C). Pub. L. 115–141, §153(a)(2)(D)(i), struck out ", the Library of Congress," after "the Government Accountability Office".
Subsec. (a)(2)(D). Pub. L. 115–141, §153(a)(2)(D)(ii), struck out "and the Library of Congress" after "the Government Accountability Office".
Subsec. (e)(1). Pub. L. 115–397 substituted "Office of Congressional Workplace Rights" for "Office of Compliance".
2008—Subsec. (e)(1). Pub. L. 110–437 substituted "the Office of Congressional Accessibility Services," for "the Capitol Guide Service,".
2004—Subsecs. (a)(2)(C), (D), (e)(1) . Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
Subsec. (g)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in heading and text.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–437 effective first day of first pay period (applicable to employees transferred under section 2241 of this title) on or after 30 days after Oct. 20, 2008, see section 422(d) of Pub. L. 110–437, set out as a note under section 1301 of this title.
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
(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) Application
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.
(3) Definitions
For purposes of this section, the term "covered employee" does not include an employee of the Library of Congress, and the term "employing office" does not include the Library of Congress.
(b) Remedy
The remedy for a violation of subsection (a) 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).
(c) Authorities and procedures for implementation and enforcement
(1) General authorities of 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 labor practice and makes such charge within 180 days of the occurrence of the alleged unfair labor practice, the General Counsel shall investigate the charge and may file a complaint with the Office. The complaint shall be submitted to a hearing officer for decision pursuant to subsections (b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section 1406 of this title.
(3) Judicial review
Except for matters referred to in paragraphs (1) and (2) of section 7123(a) of title 5, the General Counsel or the respondent to the complaint, if aggrieved by a final decision of the Board under paragraph (1) or (2) of this subsection, may file a petition for judicial review in the United States Court of Appeals for the Federal Circuit pursuant to section 1407 of this title.
(4) Exercise of impasses panel authority; requests
For purposes of this section and except as otherwise provided in this section, the Board shall exercise the authorities of the Federal Service Impasses Panel under section 7119 of title 5. For purposes of this section, any request that, under chapter 71 of title 5, would be presented to the Federal Service Impasses Panel shall, if made under this section, be presented to the Board. At the request of the Board, the Executive Director shall appoint a mediator or mediators to perform the functions of the Federal Service Impasses Panel under section 7119 of title 5.
(d) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.
(2) Agency regulations
Except as provided in subsection (e), 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) 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 chapter 71 of title 5, except—
(A) to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
(B) that the Board shall exclude from coverage under this section any covered employees who are employed in offices listed in paragraph (2) if the Board determines that such exclusion is required because of—
(i) a conflict of interest or appearance of a conflict of interest; or
(ii) Congress' constitutional responsibilities.
(2) Offices referred to
The offices referred to in paragraph (1) include—
(A) the personal office of any Member of the House of Representatives or of any Senator;
(B) a standing, select, special, permanent, temporary, or other committee of the Senate or House of Representatives, or a joint committee of Congress;
(C) the Office of the Vice President (as President of the Senate), the Office of the President pro tempore of the Senate, the Office of the Majority Leader of the Senate, the Office of the Minority Leader of the Senate, the Office of the Majority Whip of the Senate, the Office of the Minority Whip of the Senate, the Conference of the Majority of the Senate, the Conference of the Minority of the Senate, the Office of the Secretary of the Conference of the Majority of the Senate, the Office of the Secretary of the Conference of the Minority of the Senate, the Office of the Secretary for the Majority of the Senate, the Office of the Secretary for the Minority of the Senate, the Majority Policy Committee of the Senate, the Minority Policy Committee of the Senate, and the following offices within the Office of the Secretary of the Senate: Offices of the Parliamentarian, Bill Clerk, Legislative Clerk, Journal Clerk, Executive Clerk, Enrolling Clerk, Official Reporters of Debate, Daily Digest, Printing Services, Captioning Services, and Senate Chief Counsel for Employment;
(D) the Office of the Speaker of the House of Representatives, the Office of the Majority Leader of the House of Representatives, the Office of the Minority Leader of the House of Representatives, the Offices of the Chief Deputy Majority Whips, the Offices of the Chief Deputy Minority Whips and the following offices within the Office of the Clerk of the House of Representatives: Offices of Legislative Operations, Official Reporters of Debate, Official Reporters to Committees, Printing Services, and Legislative Information;
(E) the Office of the Legislative Counsel of the Senate, the Office of the Senate Legal Counsel, the Office of the Legislative Counsel of the House of Representatives, the Office of the General Counsel of the House of Representatives, the Office of the Parliamentarian of the House of Representatives, and the Office of the Law Revision Counsel;
(F) the offices of any caucus or party organization;
(G) the Congressional Budget Office, the Office of Technology Assessment, and the Office of Congressional Workplace Rights; and
(H) such other offices that perform comparable functions which are identified under regulations of the Board.
(f) Effective date
(1) In general
Except as provided in paragraph (2), subsections (a) and (b) shall be effective on October 1, 1996.
(2) Certain offices
With respect to the offices listed in subsection (e)(2), to the covered employees of such offices, and to representatives of such employees, subsections (a) and (b) shall be effective on the effective date of regulations under subsection (e).
(Pub. L. 104–1, title II, §220, Jan. 23, 1995, 109 Stat. 19; Pub. L. 115–141, div. I, title I, §153(a)(1)(C), Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, §308(b)(10), Dec. 21, 2018, 132 Stat. 5326.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (e)(1), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Amendments
2018—Subsec. (a)(2). Pub. L. 115–141, §153(a)(1)(C)(i), substituted "Application" for "Definition" in heading.
Subsec. (a)(3). Pub. L. 115–141, §153(a)(1)(C)(ii), added par. (3).
Subsec. (e)(2)(G). Pub. L. 115–397 substituted "Office of Congressional Workplace Rights" for "Office of Compliance".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title.
Senate Democratic Leadership Offices Funding and Authorities
Reference to the Office of the Secretary of the majority or minority conference of the Senate, as applicable, that represents the Democratic party deemed to be a reference to the Office of the Assistant Leader of the applicable conference, under certain conditions during the 117th Congress, see section 104 of div. I of Pub. L. 116–260, set out as a note under section 6154 of this title.
Part E—General
§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 2000e–5(k) of title 42.
(b) Interest
In any proceeding under section 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 2000e–16(d) of title 42.
(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) Construction
(1) Definitions and exemptions
Except where inconsistent with definitions and exemptions provided in this chapter, the definitions and exemptions in the laws made applicable by this chapter shall apply under this chapter.
(2) Size limitations
Notwithstanding paragraph (1), provisions in the laws made applicable under this chapter (other than the Worker Adjustment and Retraining Notification Act [29 U.S.C. 2101 et seq.]) determining 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, §225, Jan. 23, 1995, 109 Stat. 22; Pub. L. 115–397, title I, §101(d), Dec. 21, 2018, 132 Stat. 5301.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a), (c), (d)(1), and (e), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
The Worker Adjustment and Retraining Notification Act, referred to in subsec. (e)(2), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§2101 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Tables.
Amendments
2018—Subsecs. (e), (f). Pub. L. 115–397 redesignated subsec. (f) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: "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."
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
§1362. Notices
(a) In general
Every employing office shall post and keep posted (in conspicuous places upon its premises where notices to covered employees are customarily posted) a notice provided by the Office that—
(1) describes the rights, protections, and procedures applicable to covered employees of the employing office under this chapter, concerning violations described in subsection (b); and
(2) includes contact information for the Office.
(b) Violations
A violation described in this subsection is—
(1) discrimination prohibited by section 1311(a) of this title (including, in accordance with section 1302(c) of this title, discrimination prohibited by title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.)) or 1316(a) of this title; and
(2) a violation of section 1317 of this title that is related to discrimination described in paragraph (1).
(Pub. L. 104–1, title II, §226, as added Pub. L. 115–397, title III, §304(a), Dec. 21, 2018, 132 Stat. 5322.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(1), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (b)(1), is Pub. L. 110–233, May 21, 2008, 122 Stat. 881. Title II of the Act is classified generally to chapter 21F (§2000ff et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000ff of Title 42 and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1301 of this title.
Part F—Study
§1371. Study and recommendations regarding General Accounting 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) to—
(A) the General Accounting 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 labor-management relations) of title 5.
(9) The General Accounting Office Personnel Act of 1980 (31 U.S.C. 731 et seq.).
(10) The Employee Polygraph Protection Act of 1988 (29 U.S.C. 2001 et seq.).
(11) The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.).
(12) Chapter 43 (relating to veterans' employment and reemployment) of title 38.
(c) Contents of study and recommendations
The study under this section shall evaluate whether the rights, protections, and procedures, including administrative and judicial relief, applicable to the entities listed in paragraph (1) of subsection (a) 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, §230, Jan. 23, 1995, 109 Stat. 23; Pub. L. 104–53, title III, §309(a), (b), Nov. 19, 1995, 109 Stat. 538.)
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in subsec. (b)(1), is Pub. L. 88–352, July 2, 1964, 78 Stat. 252. Title VII of the Act is classified generally to subchapter VI (§2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
The Age Discrimination in Employment Act of 1967, referred to in subsec. (b)(2), is Pub. L. 90–202, Dec. 15, 1967, 81 Stat. 602, which is classified generally to chapter 14 (§621 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 29 and Tables.
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(3), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Family and Medical Leave Act of 1993, referred to in subsec. (b)(4), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§2601 et seq.) of Title 29, Labor, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.
The Fair Labor Standards Act of 1938, referred to in subsec. (b)(5), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§201 et seq.) of Title 29. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
The Occupational Safety and Health Act of 1970, referred to in subsec. (b)(6), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§651 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.
The Rehabilitation Act of 1973, referred to in subsec. (b)(7), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§701 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
The General Accounting Office Personnel Act of 1980, referred to in subsec. (b)(9), is Pub. L. 96–191, Feb. 15, 1980, 94 Stat. 27, which was classified principally to section 52–1 et seq. of former Title 31, Money and Finance, and which was substantially repealed by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first section thereof principally in subchapters III (§731 et seq.) and IV (§751 et seq.) of chapter 7 of Title 31, Money and Finance.
The Employee Polygraph Protection Act of 1988, referred to in subsec. (b)(10), is Pub. L. 100–347, June 27, 1988, 102 Stat. 646, which is classified generally to chapter 22 (§2001 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 29 and Tables.
The Worker Adjustment and Retraining Notification Act, referred to in subsec. (b)(11), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§2101 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Tables.
Amendments
1995—Subsec. (a). Pub. L. 104–53, §309(a), substituted "Board" for "Administrative Conference of the United States" in introductory provisions.
Subsec. (d)(1). Pub. L. 104–53, §309(b), substituted "Board" for "Administrative Conference of the United States" and struck out "and shall submit the study and recommendations to the Board" before semicolon.
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance.
Government Printing Office redesignated Government Publishing Office. See section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Effective Date of 1995 Amendment
Pub. L. 104–53, title III, §309(c), Nov. 19, 1995, 109 Stat. 538, provided that: "The amendments made by this section [amending this section] shall take effect only if the Administrative Conference of the United States ceases to exist prior to the completion and submission of the study to the Board as required by section 230 of the Congressional Accountability Act of 1995 (2 U.S.C. 1371). [See provision of title IV of Pub. L. 104–52, set out as a note preceding section 591 of Title 5, Government Organization and Employees.]"
SUBCHAPTER III—OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Editorial Notes
Codification
Pub. L. 115–397, title III, §308(b)(11), Dec. 21, 2018, 132 Stat. 5326, substituted "OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS" for "OFFICE OF COMPLIANCE" in subchapter heading.
§1381. Establishment of Office of Congressional Workplace Rights
(a) Establishment
There is established, as an independent office within the legislative branch of the Federal Government, the Office of Congressional Workplace Rights.
(b) Board of Directors
The Office shall have a Board of Directors. The Board shall consist of 5 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, who are authorized to take such steps as they consider appropriate to ensure the timely appointment of the members of the Board consistent with the requirements of this section. Appointments of the first 5 members of the Board shall be completed not later than 90 days after January 23, 1995.
(c) Chair
The Chair shall be appointed from members of the Board jointly by the Speaker of the House of Representatives, the Majority Leader of the Senate, and the Minority Leaders of the House of Representatives and the Senate.
(d) Board of Directors qualifications
(1) Specific qualifications
Selection and appointment of members of the Board shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the Office. Members of the Board shall have training or experience in the application of the rights, protections, and remedies under one or more of the laws made applicable under section 1302 of this title.
(2) Disqualifications for appointments
(A) Lobbying
No individual who engages in, or is otherwise employed in, lobbying of the Congress and who is required under the Federal Regulation of Lobbying Act 1 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) 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,2 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.
(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 appointments
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).
(3) Permitting service until appointment of successor
A member of the Board may serve after the expiration of that member's term until a successor has taken office.
(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), but only for—
(A) disability that substantially prevents the member from carrying out the duties of the member,
(B) incompetence,
(C) neglect of duty,
(D) malfeasance, including a felony or conduct involving moral turpitude, or
(E) holding an office or employment or engaging in an activity that disqualifies the individual from service as a member of the Board under subsection (d)(2).
(2) Statement of reasons for removal
In removing a member of the Board, the Speaker of the House of Representatives and the President pro tempore of the Senate shall state in writing to the member of the Board being removed the specific reasons for the removal.
(g) Compensation
(1) Per diem
(A) Rate of compensation for each day
Each member of the Board shall be compensated, for each day (including travel time) during which such member is engaged in the performance of the duties of the Board, at a rate equal to the daily equivalent of the lesser of—
(i) the highest annual rate of compensation of any officer of the Senate; or
(ii) the highest annual rate of compensation of any officer of the House of Representatives.
(B) Authority to prorate
The rate of pay of a member may be prorated based on the portion of the day during which the member is engaged in the performance of Board duties.
(2) Travel expenses
Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, for each day the member is engaged in the performance of duties away from the home or regular place of business of the member.
(h) Duties
The Office shall—
(1) carry out a program of education for Members of Congress and other employing authorities of the legislative branch of the Federal Government respecting the laws made applicable to them and a program to inform individuals of their rights under laws applicable to the legislative branch of the Federal Government;
(2) in carrying out the program under paragraph (1), distribute the telephone number and address of the Office, procedures for action under subchapter 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 covered employees by the end of each fiscal year, 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 claim, the basis for the claim, and the action taken on the claim.
(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 2 of the Senate and the Committee on House Oversight 2 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 subchapter I of chapter 131 of title 5 with the Clerk of the House of Representatives.
(l) Annual reports on awards and settlements
(1) In general
Subject to the rules issued by the applicable committee pursuant to paragraph (2):
(A) Requirement
The Office shall prepare and submit to Congress, and publish on the public website of the Office, an annual report regarding payments from the account described in section 1415(a) of this title that were the result of claims alleging a violation of part A of subchapter II (referred to in this subsection as "covered payments").
(B) Reporting
The reporting required under this paragraph shall—
(i) for a covered payment, or the reimbursable portion of a covered payment, described in paragraph (2), conform to the requirements of the rules issued by the applicable committee under such paragraph; and
(ii) for a covered payment, or the portion of a covered payment, not described in paragraph (2)—
(I) include the amount of the covered payment or portion of the covered payment and information on the employing office involved; and
(II) identify each provision of part A of subchapter II that was the subject of a claim resulting in the covered payment or portion of the covered payment.
(C) Reporting periods and dates
The reporting required under this paragraph—
(i) for 2019, shall be submitted by the 60th day after the date on which the committees described in paragraph (2) issue the rules described in paragraph (2) and shall reflect covered payments made in calendar year 2019; and
(ii) for 2020 and each subsequent calendar year, shall be submitted by January 31 of that year and shall reflect covered payments made in the previous calendar year.
(2) Rules regarding reporting of covered payments for employing offices of the House and employing offices of the Senate
(A) In general
Not later than 180 days after December 21, 2018, the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate shall each issue rules establishing the content, format, and other requirements for the reporting required under paragraph (1)(B)(i) with respect to—
(i) any covered payment made for claims involving an employing office described in any of subparagraphs (A) through (C) of section 1301(a)(9) of this title of the House of Representatives or of the Senate, respectively; and
(ii) the reimbursable portion of any such covered payment for which there is a finding requiring reimbursement under section 1415(d)(1)(B) of this title from a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, respectively.
(B) Applicability
The rules issued under subparagraph (A)—
(i) by the Committee on House Administration of the House of Representatives shall apply to covered payments made for claims involving employing offices described in subparagraph (A)(i) of the House; and
(ii) by the Committee on Rules and Administration of the Senate shall apply to covered payments made for claims involving employing offices described in subparagraph (A)(i) of the Senate.
(3) Protection of identity of individuals receiving awards and settlements
In preparing, submitting, and publishing the reports required under paragraph (1), the Office shall ensure that the identity or position of any claimant is not disclosed.
(4) Authority to protect the identity of a claimant
(A) In general
In carrying out paragraph (3), the Executive Director, in consultation with the Board, may make an appropriate redaction to the data included in the report described in paragraph (1) if the Executive Director, in consultation with the Board, determines that including the data considered for redaction may lead to the identity or position of a claimant unintentionally being disclosed. The report shall note each redaction and include a statement that the redaction was made solely for the purpose of avoiding such an unintentional disclosure of the identity or position of a claimant.
(B) Recordkeeping
The Executive Director shall retain a copy of the report described in paragraph (1), without redactions.
(5) Definition
In this subsection, the term "claimant" means an individual who received an award or settlement, or who made an allegation of a violation against an employing office, under part A of subchapter II.
(m) Record retention
The Office shall establish and maintain a program for the permanent retention of its records, including the records of preliminary reviews, mediations, hearings, and other proceedings conducted under subchapter IV.
(Pub. L. 104–1, title III, §301, Jan. 23, 1995, 109 Stat. 24; Pub. L. 108–349, §1(a), Oct. 21, 2004, 118 Stat. 1389; Pub. L. 110–161, div. H, title I, §1101(a), Dec. 26, 2007, 121 Stat. 2237; Pub. L. 110–164, §1, Dec. 26, 2007, 121 Stat. 2459; Pub. L. 113–235, div. H, title I, §1001, Dec. 16, 2014, 128 Stat. 2530; Pub. L. 115–19, §1(c), (d), Apr. 3, 2017, 131 Stat. 85; Pub. L. 115–397, title II, §§201(a)(1), 203, title III, §308(a), Dec. 21, 2018, 132 Stat. 5315, 5318, 5325; Pub. L. 117–286, §4(c)(2), Dec. 27, 2022, 136 Stat. 4353.)
Editorial Notes
References in Text
The Federal Regulation of Lobbying Act, referred to in subsec. (d)(2)(A), is title III of act Aug. 2, 1946, ch. 753, 60 Stat. 839, which was classified generally to chapter 8A (§261 et seq.) of this title prior to repeal by Pub. L. 104–65, §11(a), Dec. 19, 1995, 109 Stat. 701. See section 1601 et seq. of this title.
This chapter, referred to in subsec. (h)(3), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Part A of subchapter II, referred to in subsec. (l)(1)(A), (B)(ii)(II), (5), was in the original "part A of title II", meaning part A (§§201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to part A of subchapter II of this chapter. For complete classification of part A to the Code, see Tables.
Amendments
2022—Subsec. (k). Pub. L. 117–286 substituted "subchapter I of chapter 131 of title 5" for "title I of the Ethics in Government Act of 1978".
2018—Pub. L. 115–397, §308(a)(1), substituted "Office of Congressional Workplace Rights" for "Office of Compliance" in section catchline.
Subsec. (a). Pub. L. 115–397, §308(a)(2), substituted "Office of Congressional Workplace Rights" for "Office of Compliance".
Subsec. (h)(3). Pub. L. 115–397, §201(a)(1)(A), substituted "claim" for "complaint" wherever appearing.
Subsec. (l). Pub. L. 115–397, §201(a)(1)(B), added subsec. (l).
Subsec. (m). Pub. L. 115–397, §203, added subsec. (m).
2017—Subsec. (b). Pub. L. 115–19, §1(d), inserted ", who are authorized to take such steps as they consider appropriate to ensure the timely appointment of the members of the Board consistent with the requirements of this section" after "and the Senate".
Subsec. (e)(3). Pub. L. 115–19, §1(c), added par. (3).
2014—Subsec. (h)(2). Pub. L. 113–235 substituted "covered employees by the end of each fiscal year" for "the residences of covered employees".
2007—Subsec. (d)(2)(B). Pub. L. 110–164 substituted "legislative branch (other than the Office)," for "legislative branch,".
Subsec. (g)(1). Pub. L. 110–161 added par. (1) and struck out heading and text of former par. (1). Text read as follows: "Each member of the Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5 for each day (including travel time) during which such member is engaged in the performance of the duties of the Board. The rate of pay of a member may be prorated based on the portion of the day during which the member is engaged in the performance of Board duties."
2004—Subsec. (e)(1). Pub. L. 108–349 amended second sentence generally. Prior to amendment, second sentence read as follows: "A member of the Board who is appointed to a term of office of more than 3 years shall only be eligible for appointment for a single term of office."
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 2018 Amendment
Pub. L. 115–397, title II, §201(a)(2), Dec. 21, 2018, 132 Stat. 5316, provided that: "The amendment made by paragraph (1)(B) [amending this section] shall take effect on January 1, 2019."
Pub. L. 115–397, title III, §308(d), Dec. 21, 2018, 132 Stat. 5326, provided that: "The amendments made by this section [amending this section and sections 1301, 1331, 1341, 1351, and 1384 of this title] shall take effect on the date of the enactment of this Act [Dec. 21, 2018]. Any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date shall be considered to refer and apply to the Office of Congressional Workplace Rights."
Except as otherwise provided, amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
Effective Date of 2004 Amendment
Pub. L. 108–349, §1(b), Oct. 21, 2004, 118 Stat. 1389, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to individuals serving on the Board of Directors of the Office of Compliance on or after September 30, 2004."
Appointment of Members of Board of Directors of Office of Congressional Workplace Rights
Pub. L. 115–19, §1(a), (b), Apr. 3, 2017, 131 Stat. 84, provided that:
"(a)
"(1)
"(A) one shall have a term of office of 3 years; and
"(B) 2 shall have a term of office of 4 years,
"as designated at the time of appointment by the persons specified in section 301(b) of such Act (2 U.S.C. 1381(b)).
"(2)
"(b)
"(1) an individual serving as a member of the Board of Directors of the Office of Compliance [now Office of Congressional Workplace Rights] whose term expires in March 2017 may be reappointed to serve one additional term at the length designated under paragraph (1) of subsection (a), but may not be reappointed to any additional terms after that additional term expires; and
"(2) an individual serving as a member of the Board of Directors of the Office of Compliance [now Office of Congressional Workplace Rights] whose term expires in May 2017 may be reappointed to serve one additional term at the length referred to in paragraph (2) of subsection (a), but may not be reappointed to any additional terms after that additional term expires."
Pub. L. 114–6, §3, Mar. 20, 2015, 129 Stat. 82, provided that: "Notwithstanding section 301(e)(1) of the Congressional Accountability Act of 1995 (2 U.S.C. 1381(e)(1)), any individual serving as a member of the Board of Directors of the Office of Compliance [now Office of Congressional Workplace Rights] as of February 28, 2015, may be appointed to serve for one additional term of 2 years."
Pub. L. 111–114, §1, Dec. 14, 2009, 123 Stat. 3028, provided that: "Notwithstanding the second sentence of section 301(e)(1) of the Congressional Accountability Act of 1995 (2 U.S.C. 1381(e)(1)), any individual serving as a member of the Board of Directors of the Office of Compliance [now Office of Congressional Workplace Rights] as of September 30, 2009, may serve for 3 terms."
1 See References in Text note below.
2 See Change of Name note below.
§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 maximum rate of pay in effect under section 4575(f) of this title.
(3) Term
The term of office of the Executive Director shall be not more than 2 terms of 5 years, except that the first Executive Director shall have a single term of 7 years.
(4) Duties
The Executive Director shall serve as the chief operating officer of the Office. Except as otherwise specified in this chapter, the Executive Director shall carry out all of the responsibilities of the Office under this chapter.
(b) Deputy Executive Directors
(1) In general
The Chair, subject to the approval of the Board, shall appoint and may remove a Deputy Executive Director for the Senate and a Deputy Executive Director for the House of Representatives. Selection and appointment of a Deputy Executive Director shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the office. The disqualifications in section 1381(d)(2) of this title shall apply to the appointment of a Deputy Executive Director.
(2) Term
The term of office of a Deputy Executive Director shall be not more than 2 terms of 5 years, except that the first Deputy Executive Directors shall have a single term of 6 years.
(3) Compensation
(A) Authority to fix compensation
The Chair may fix the compensation of the Deputy Executive Directors.
(B) Limitation
The rate of pay for a Deputy Executive Director may not exceed 96 percent of the lesser of—
(i) the highest annual rate of compensation of any officer of the Senate; or
(ii) the highest annual rate of compensation of any officer of the House of Representatives.
(4) Duties
The Deputy Executive Director for the Senate shall recommend to the Board regulations under section 1384(a)(2)(B)(i) of this title, maintain the regulations and all records pertaining to the regulations, and shall assume such other responsibilities as may be delegated by the Executive Director. The Deputy Executive Director for the House of Representatives shall recommend to the Board the regulations under section 1384(a)(2)(B)(ii) of this title, maintain the regulations and all records pertaining to the regulations, and shall assume such other responsibilities as may be delegated by the Executive Director.
(c) General Counsel
(1) In general
The Chair, subject to the approval of the Board, shall appoint a General Counsel. Selection and appointment of the General Counsel shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the Office. The disqualifications in section 1381(d)(2) of this title shall apply to the appointment of a General Counsel.
(2) Compensation
(A) Authority to fix compensation
The Chair may fix the compensation of the General Counsel.
(B) Limitation
The rate of pay for the General Counsel may not exceed the lesser of—
(i) the highest annual rate of compensation of any officer of the Senate; or
(ii) the highest annual rate of compensation of any officer of the House of Representatives.
(3) Duties
The General Counsel shall—
(A) exercise the authorities and perform the duties of the General Counsel as specified in this chapter; and
(B) otherwise assist the Board and the Executive Director in carrying out their duties and powers, including representing the Office in any judicial proceeding under this chapter.
(4) Attorneys in the office of the General Counsel
The General Counsel shall appoint, and fix the compensation of, and may remove, such additional attorneys as may be necessary to enable the General Counsel to perform the General Counsel's duties.
(5) Term
The term of office of the General Counsel shall be not more than 2 terms of 5 years.
(6) Removal
(A) Authority
The General Counsel may be removed from office by the Chair but only for—
(i) disability that substantially prevents the General Counsel from carrying out the duties of the General Counsel,
(ii) incompetence,
(iii) neglect of duty,
(iv) malfeasance, including a felony or conduct involving moral turpitude, or
(v) holding an office or employment or engaging in an activity that disqualifies the individual from service as the General Counsel under paragraph (1).
(B) Statement of reasons for removal
In removing the General Counsel, the Speaker of the House of Representatives and the President pro tempore of the Senate shall state in writing to the General Counsel the specific reasons for the removal.
(d) Confidential advisors
(1) In general
The Executive Director shall—
(A) appoint, and fix the compensation of, and may remove, 1 or more confidential advisors to carry out the duties described in this subsection; or
(B) designate 1 or more employees of the Office to serve as a confidential advisor.
(2) Duties
(A) Voluntary services
A confidential advisor appointed or designated under paragraph (1) shall offer to provide to covered employees described in paragraph (4) the services described in subparagraph (B), which a covered employee may accept or decline.
(B) Services
The services referred to in subparagraph (A) are—
(i) informing, on a privileged and confidential basis, a covered employee who has been subject to a practice that may be a violation of part A of subchapter II about the employee's rights under this chapter;
(ii) consulting, on a privileged and confidential basis, with a covered employee who has been subject to a practice that may be a violation of part A of subchapter II regarding—
(I) the roles, responsibilities, and authority of the Office; and
(II) the relative merits of securing private counsel, designating a non-attorney representative, or proceeding without representation for proceedings before the Office;
(iii) advising and consulting with, on a privileged and confidential basis, a covered employee who has been subject to a practice that may be a violation of part A of subchapter II regarding any claims the covered employee may have under subchapter IV, the factual allegations that support each such claim, and the relative merits of the procedural options available to the employee for each such claim;
(iv) assisting, on a privileged and confidential basis, a covered employee who seeks consideration under title IV of an allegation of a violation of part A of subchapter II in understanding the procedures, and the significance of the procedures, described in subchapter IV, including—
(I) assisting or consulting with the covered employee regarding the drafting of a claim to be filed under section 1402(a) of this title; and
(II) consulting with the covered employee regarding the procedural options available to the covered employee after a claim is filed, and the relative merits of each option; and
(v) informing, on a privileged and confidential basis, a covered employee who has been subject to a practice that may be a violation of part A of subchapter II about the option of pursuing, in appropriate circumstances, a complaint with the Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate.
(C) Continuity of service
Once a covered employee has accepted and received any services offered under this section from a confidential advisor appointed or designated under paragraph (1), any other services requested under this subsection by the covered employee shall be provided, to the extent practicable, by the same confidential advisor.
(3) Qualifications
A confidential advisor appointed or designated under paragraph (1) shall be a lawyer who—
(A) is admitted to practice before, and is in good standing with, the bar of a State of the United States, the District of Columbia, or a territory of the United States; and
(B) has experience representing clients in cases involving the workplace laws incorporated by part A of subchapter II.
(4) Individuals covered
The services described in paragraph (2) are available to any covered employee (which, for purposes of this subsection, shall include any staff member described in section 1311(d) of this title and any former covered employee (including any such former staff member)), except that—
(A) a former covered employee may only request such services if the practice that may be a violation of part A of subchapter II occurred during the employment or service of the employee; and
(B) a covered employee described in this paragraph may only request such services before the expiration of the 180-day period described in section 1402(d) of this title.
(5) Restrictions
A confidential advisor appointed or designated under paragraph (1)—
(A) shall not act as the designated representative for any covered employee in connection with the covered employee's participation in any proceeding, including any proceeding under this chapter, any judicial proceeding, or any proceeding before any committee of Congress;
(B) shall not offer or provide services described in paragraph (2)(B) to a covered employee if the covered employee has designated an attorney representative in connection with the covered employee's participation in any proceeding under this chapter, except that a confidential advisor may provide general assistance and information to such attorney representative regarding this chapter and the role of the Office as the confidential advisor determines appropriate; and
(C) shall not serve as a mediator in any mediation conducted pursuant to section 1403 of this title.
(e) 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.
(f) 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.
(g) 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, §302, Jan. 23, 1995, 109 Stat. 26; Pub. L. 110–161, div. H, title I, §1101(b), Dec. 26, 2007, 121 Stat. 2237; Pub. L. 110–164, §2(a), Dec. 26, 2007, 121 Stat. 2459; Pub. L. 115–397, title II, §204, Dec. 21, 2018, 132 Stat. 5318; Pub. L. 116–94, div. E, title II, §212(a)(3)(C), Dec. 20, 2019, 133 Stat. 2775.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(4), (c)(3), and (d)(2)(B)(i), (5)(A), (B), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Part A of subchapter II, referred to in subsec. (d)(2)(B), (3)(B), (4)(A), was in the original "part A of title II", meaning part A (§§201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to part A of subchapter II of this chapter. For complete classification of part A to the Code, see Tables.
Amendments
2019—Subsec. (a)(2)(B). Pub. L. 116–94 substituted "the maximum rate of pay in effect under section 4575(f) of this title." for "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."
2018—Subsecs. (d) to (g). Pub. L. 115–397 added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.
2007—Subsec. (a)(2). Pub. L. 110–161, §1101(b)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: "The Chair may fix the compensation of the Executive Director. The rate of pay for the Executive Director may not exceed the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5."
Subsec. (a)(3). Pub. L. 110–164, §2(a)(1), substituted "not more than 2 terms" for "a single term" the first time appearing.
Subsec. (b)(2). Pub. L. 110–164, §2(a)(2), substituted "not more than 2 terms" for "a single term" the first time appearing.
Subsec. (b)(3). Pub. L. 110–161, §1101(b)(2), added par. (3) and struck out heading and text of former par. (3). Text read as follows: "The Chair may fix the compensation of the Deputy Executive Directors. The rate of pay for a Deputy Executive Director may not exceed 96 percent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5."
Subsec. (c)(2). Pub. L. 110–161, §1101(b)(3), added par. (2) and struck out heading and text of former par. (2). Text read as follows: "The Chair may fix the compensation of the General Counsel. The rate of pay for the General Counsel may not exceed the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5."
Subsec. (c)(5). Pub. L. 110–164, §2(a)(3), substituted "not more than 2 terms" for "a single term".
Subsec. (e). Pub. L. 110–161, §1101(b)(4), substituted "Government Accountability Office" for "General Accounting Office".
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
Effective Date of 2007 Amendment
Pub. L. 110–164, §2(b), Dec. 26, 2007, 121 Stat. 2459, provided that: "The amendments made by this section [amending this section] shall apply with respect to an individual who is first appointed to the position of Executive Director, Deputy Executive Director, or General Counsel of the Office of Compliance after the date of the enactment of this Act [Dec. 26, 2007]."
Permitting Current Executive Director, Deputy Executive Directors, and General Counsel of Office of Compliance To Serve One Additional Term
Pub. L. 109–38, §1, July 27, 2005, 119 Stat. 408, provided that:
"(a)
"(b)
"(c)
§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) in accordance with the principles and procedures set forth in section 553 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 on which they are published in the Congressional Record.
(Pub. L. 104–1, title III, §303, Jan. 23, 1995, 109 Stat. 28.)
§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 (including regulations on the appropriate application of exemptions under the laws made applicable in subchapter II) 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); and
(B) shall consist of 3 separate bodies of regulations, which shall apply, respectively, to—
(i) the Senate and employees of the Senate;
(ii) the House of Representatives and employees of the House of Representatives; and
(iii) all other covered employees and employing offices.
(b) Adoption by Board
The Board shall adopt the regulations referred to in subsection (a)(1) 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), the recommendations of the Deputy Director for the House of Representatives in regard to regulations under subsection (a)(2)(B)(ii), and the recommendations of the Executive Director for regulations under subsection (a)(2)(B)(iii).
(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) 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) may be approved by the House of Representatives by resolution or by the Congress by concurrent resolution or by joint resolution. Regulations referred to in paragraph (2)(B)(iii) may be approved by Congress by concurrent resolution or by joint resolution.
(2) Referral
Upon receipt of a notice of adoption of regulations under subsection (b)(3), 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 Congressional Workplace Rights 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 Congressional Workplace Rights 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), the Board shall submit the regulations to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal.
(2) Date of issuance
The date of issuance of regulations shall be the date on which they are published in the Congressional Record under paragraph (1).
(3) Effective date
Regulations shall become effective not less than 60 days after the regulations are issued, except that the Board may provide for an earlier effective date for good cause found (within the meaning of section 553(d)(3) of title 5) and published with the regulation.
(e) Amendment of regulations
Regulations may be amended in the same manner as is described in this section for the adoption, approval, and issuance of regulations, except that the Board may, in its discretion, dispense with publication of a general notice of proposed rulemaking of minor, technical, or urgent amendments that satisfy the criteria for dispensing with publication of such notice pursuant to section 553(b)(B) of title 5.
(f) Right to petition for rulemaking
Any interested party may petition to the Board for the issuance, amendment, or repeal of a regulation.
(g) Consultation
The Executive Director, the Deputy Directors, and the Board—
(1) shall consult, with regard to the development of regulations, with—
(A) the Chair of the Administrative Conference of the United States;
(B) the Secretary of Labor;
(C) the Federal Labor Relations Authority; and
(D) the Director of the Office of Personnel Management; and
(2) may consult with any other persons with whom consultation, in the opinion of the Board, the Executive Director, or Deputy Directors, may be helpful.
(Pub. L. 104–1, title III, §304, Jan. 23, 1995, 109 Stat. 29; Pub. L. 115–397, title III, §308(b)(12), (13), Dec. 21, 2018, 132 Stat. 5326.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(1) after "implementation of", was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Subchapter II, referred to in subsec. (a)(1), was in the original "title II", meaning title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to subchapter II of this chapter. For complete classification of title II to the Code, see Tables.
Amendments
2018—Subsec. (c)(4), (5). Pub. L. 115–397 substituted "Office of Congressional Workplace Rights" for "Office of Compliance".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title.
§1385. Expenses
(a) Authorization of appropriations
Beginning in fiscal year 1995, and for each fiscal year thereafter, there are authorized to be appropriated for the expenses of the Office such sums as may be necessary to carry out the functions of the Office. Until sums are first appropriated pursuant to the preceding sentence, but for a period not exceeding 12 months following January 23, 1995—
(1) one-half of the expenses of the Office shall be paid from funds appropriated for allowances and expenses of the House of Representatives, and
(2) one-half of the expenses of the Office shall be paid from funds appropriated for allowances and expenses of the Senate,
upon vouchers approved by the Executive Director, except that a voucher shall not be required for the disbursement of salaries of employees who are paid at an annual rate. The Clerk of the House of Representatives and the Secretary of the Senate are authorized to make arrangements for the division of expenses under this subsection, including arrangements for one House of Congress to reimburse the other House of Congress.
(b) Financial and administrative services
The Executive Director may place orders and enter into agreements for goods and services with the head of any agency, or major organizational unit within an agency, in the legislative or executive branch of the United States in the same manner and to the same extent as agencies are authorized under sections 1535 and 1536 of title 31 to place orders and enter into agreements.
(c) Witness fees and allowances
Except for covered employees, witnesses before a hearing officer or the Board in any proceeding under this chapter other than rulemaking shall be paid the same fee and mileage allowances as are paid subpoenaed witnesses in the courts of the United States. Covered employees who are summoned, or are assigned by their employer, to testify in their official capacity or to produce official records in any proceeding under this chapter shall be entitled to travel expenses under subchapter I and section 5751 of chapter 57 of title 5.
(Pub. L. 104–1, title III, §305, Jan. 23, 1995, 109 Stat. 31.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
§1386. Disposition of surplus or obsolete personal property
The Executive Director may, within the limits of available appropriations, dispose of surplus or obsolete personal property by interagency transfer, donation, or discarding.
(Pub. L. 104–1, title III, §306, as added Pub. L. 111–68, div. A, title I, §1101(a), Oct. 1, 2009, 123 Stat. 2031.)
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 111–68, div. A, title I, §1101(c), Oct. 1, 2009, 123 Stat. 2031, provided that: "The amendments made by this section [enacting this section] shall apply with respect to fiscal year 2010, and each fiscal year thereafter."
§1387. Semiannual report of disbursements
(a) Reports required
Not later than 60 days after the last day of each semiannual period of a fiscal year, the Executive Director of the Office of Compliance 1 shall submit to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and Senate, with respect to that period, a detailed, itemized report of the disbursements for the operations of the Office of Compliance.1
(b) Contents
(1) In general
The report required by subsection (a) shall include—
(A) the identification of each person who receives a payment from the Office of Compliance,1 except that in the case of an individual, the identification shall be provided in a manner that does not identify the individual by name;
(B) the quantity and price of any item furnished to the Office of Compliance; 1
(C) a description of any service rendered to the Office of Compliance,1 together with a statement of the time required for the service, and the name, title, and amount paid to each person who renders the service;
(D) a statement of all amounts appropriated to, or received or expended by, the Office of Compliance 1 and any unexpended balances of such amounts; and
(E) such additional information as may be required by regulation of the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, or the Committees on Appropriations of the House of Representatives or Senate.
(2) Exception for confidential information
The Executive Director of the Office of Compliance 1 may exclude from any report required by subsection (a) any information the disclosure of which would violate confidentiality policies of the Office of Compliance.1
(c) 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 fiscal year, beginning with fiscal year 2014.
(Pub. L. 113–76, div. I, title I, §1102, Jan. 17, 2014, 128 Stat. 425.)
Editorial Notes
Codification
Section was enacted as part of the Legislative Branch Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Congressional Accountability Act of 1995 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name
Office of Compliance changed, as of Dec. 21, 2018, and considered to refer and apply, to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1381 of this title.
1 See Change of Name note below.
§1388. Workplace climate surveys of employing offices
(a) Requirement to conduct secure surveys
Not later than 1 year after December 21, 2018, and every 2 years thereafter, the Office shall conduct a secure survey of employing offices under this chapter regarding the workplace environment of such offices. Employee responses to the survey shall be voluntary.
(b) Special inclusion of information on sexual harassment
In each survey conducted under this section, the Office shall survey respondents on attitudes regarding sexual harassment.
(c) Methodology
(1) In general
The Office shall conduct each survey under this section in accordance with methodologies established by the Office.
(2) Confidentiality
Under the methodologies established under paragraph (1), all responses to all portions of the survey shall be anonymous and confidential, and each respondent shall be told throughout the survey that all responses shall be anonymous and confidential.
(3) Survey form
The Office shall limit the use of any information code or information on the survey form that makes a respondent to the survey, or the respondent's employing office, individually identifiable.
(d) Use of results of surveys
The Office shall furnish the information obtained from the surveys conducted under this section to the Committee on House Administration of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Rules and Administration of the Senate.
(e) Consultation with committees
The Office shall carry out this section, including establishment of methodologies and procedures under subsection (c), in consultation with the Committee on House Administration of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Rules and Administration of the Senate.
(Pub. L. 104–1, title III, §307, as added Pub. L. 115–397, title II, §202(a), Dec. 21, 2018, 132 Stat. 5317.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1301 of this title.
SUBCHAPTER IV—ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
§1401. Procedure for consideration of alleged violations
(a) Filing and review of claims
Except as otherwise provided, the procedure for consideration of an alleged violation of part A of subchapter II consists of—
(1) the filing of a claim by the covered employee alleging the violation, as provided in section 1402 of this title;
(2) the preliminary review of the claim, to be conducted by a hearing officer as provided in section 1402a of this title;
(3) mediation as provided in section 1403 of this title, if requested and agreed to by the parties under that section; and
(4) a formal 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.
(b) Right of employee to file civil action
(1) Civil action
Only a covered employee who has filed a claim timely as provided in section 1402 of this title and who has not submitted a request for a hearing on the claim pursuant to section 1405(a) of this title may, during the period described in paragraph (3), file a civil action in a District Court of the United States with respect to the violation alleged in the claim, as provided in section 1408 of this title.
(2) Effect of filing civil action
Notwithstanding paragraph (2), (3), or (4) of subsection (a), if the covered employee files such a civil action—
(A) the preliminary review of the claim by the hearing officer as provided in section 1402a of this title shall terminate upon the filing of the action by the covered employee; and
(B) the procedure for consideration of the alleged violation shall not include any further review of the claim by the hearing officer as provided in section 1402a of this title.
(3) Period for filing civil action
The period described in this paragraph with respect to a claim is the 70-day period which begins on the date the covered employee files the claim under section 1402 of this title.
(4) Special rule for employees who fail to state a claim for which relief may be granted
Notwithstanding paragraph (3), if a covered employee receives a written notice from the hearing officer under section 1402a(d)(2) of this title that the employee has the right to file a civil action with respect to the claim in accordance with section 1408 of this title, the covered employee may file the civil action not later than 90 days after receiving such written notice.
(c) Special rule for Architect of the Capitol and Capitol Police
In the case of an employee of the Office of the Architect of the Capitol or of the Capitol Police, the Office, after receiving a claim filed 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. Any deadline in this chapter relating to a claim for which the employee is using the grievance procedures, that has not already passed by the first day of that specific period, shall be stayed during that specific period.
(d) Election of remedies for Library of Congress
(1) Definitions
In this subsection:
(A) Direct Act
The term "direct Act" means an Act (other than this Act), or provision of the Revised Statutes, that is specified in section 1311, 1312, or 1313 of this title.
(B) Direct provision
The term "direct provision" means a provision (including a definitional provision) of a direct Act that applies the rights or protections of a direct Act (including rights and protections relating to nonretaliation or noncoercion) to a Library claimant.
(C) Library claimant
The term "Library claimant" means, with respect to a direct provision, an employee of the Library of Congress who is covered by that direct provision.
(2) Election after proceedings initially brought under this chapter
A Library claimant who initially files a claim for an alleged violation as provided in section 1402 of this title may, at any time before the date that is 10 days after a hearing officer submits the report on the preliminary review of the claim under section 1402a(c) of this title, elect to bring the claim for a proceeding before the corresponding Federal agency under the corresponding direct provision, instead of continuing with the procedures applicable to the claim under this subchapter or filing a civil action in accordance with section 1408 of this title.
(3) Election after proceedings initially brought under other civil rights or labor law
A Library claimant who initially brings a claim, complaint, or charge under a direct provision for a proceeding before a Federal agency may, prior to requesting a hearing under the agency's procedures, elect to—
(A) continue with the agency's procedures and preserve the option (if any) to bring any civil action relating to the claim, complaint, or charge, that is available to the Library claimant; or
(B) file a claim with the Office under section 1402 of this title and continue with the corresponding procedures of this title available and applicable to a covered employee.
(4) Timing
A Library claimant who meets the initial deadline under section 1402(d) of this title for filing a claim under this subchapter, or any initial deadline for bringing a claim, complaint, or charge under the applicable direct provision, and then elects to change to alternative procedures as described in paragraph (2) or (3)(B), shall be considered to meet any initial deadline for the alternative procedures.
(5) Application
This subsection shall take effect and shall apply as described in section 153(c) of the Legislative Branch Appropriations Act, 2018 (Public Law 115–141) (except to the extent such section applies to any violation of section 1331 of this title or a provision of an Act specified in section 1331 of this title).
(e) Rights of parties to retain private counsel
Nothing in this chapter may be construed to limit the authority of any individual (including a covered employee, the head of an employing office, or an individual who is alleged to have committed personally an act which consists of a violation of part A of subchapter II) to retain counsel to protect the interests of the individual at any point during any of the procedures provided under this title for the consideration of an alleged violation of part A of subchapter II, including as provided under section 1415(d)(8) of this title with respect to individuals subject to a reimbursement requirement of section 1415(d) of this title.
(f) Standards for assertions made by parties
Any party in any of the procedures provided under this subchapter, as well as any counsel or other person representing a party in any of such procedures, shall have an obligation to ensure that, to the best of the party's knowledge, information, and belief, as formed after an inquiry which is reasonable under the circumstances, each of the following is correct:
(1) No pleading, written motion, or other paper is presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of resolution of the matter.
(2) The claims, defenses, and other legal contentions the party advocates are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law.
(3) The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further review or discovery.
(4) The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
(g) Procedure
Nothing in this chapter shall be construed to supersede or limit section 1361(d)(2) of this title.
(Pub. L. 104–1, title IV, §401, Jan. 23, 1995, 109 Stat. 32; Pub. L. 115–141, div. I, title I, §153(b)(1), Mar. 23, 2018, 132 Stat. 786; Pub. L. 115–397, title I, §101(a), Dec. 21, 2018, 132 Stat. 5298.)
Editorial Notes
References in Text
Part A of subchapter II, referred to in subsecs. (a) and (e), was in the original "part A of title II", meaning part A (§§201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to part A of subchapter II of this chapter. For complete classification of part A to the Code, see Tables.
This chapter, referred to in subsecs. (c), (d)(1)(A), (2), (e), and (g), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Section 153(c) of the Legislative Branch Appropriations Act, 2018, referred to in subsec. (d)(5), is Pub. L. 115–141, div. I, title I, §153(c), Mar. 23, 2018, 132 Stat. 787, set out as a note under section 1301 of this title.
Amendments
2018—Pub. L. 115–397 amended section generally. Prior to amendment, section related to procedure for consideration of alleged violations, consisting of three pars.
Par. (3). Pub. L. 115–141, §153(b)(1)(A), struck out "either" after "section 1404 of this title, of" in introductory provisions.
Par. (3)(C). Pub. L. 115–141, §153(b)(1)(B)–(D), added subpar. (C).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
§1402. Initiation of procedures
(a) Claim
(1) Filing of claim
To commence a proceeding under this subchapter, a covered employee alleging a violation of law made applicable under part A of subchapter II shall file a claim with the Office. The Office shall not accept a claim which is filed after the deadline applicable under subsection (d).
(2) Contents of claim
The claim filed under this section shall be made in writing under oath or affirmation, shall describe the facts that form the basis of the claim and the violation that is being alleged, shall identify the employing office alleged to have committed the violation or in which the violation is alleged to have occurred, and shall be in such form as the Office requires.
(3) No effect on ability of covered employee to seek information from office or pursue relief
Nothing in paragraph (2), or subsection (b) or (c), may be construed to limit the ability of a covered employee—
(A) to contact the Office or any other appropriate office prior to filing a claim under this section to seek information regarding the employee's rights under this chapter and the procedures available under this chapter;
(B) in the case of a covered employee of an employing office of the House of Representatives or Senate, to refer information regarding an alleged violation of part A of subchapter II to the Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate (as the case may be); or
(C) to file a civil action in accordance with section 1401(b) of this title.
(b) Initial processing of claim
(1) Intake and recording; notification to employing office
Upon the filing of a claim by a covered employee under subsection (a), the Office shall take such steps as may be necessary for the initial intake and recording of the claim, including providing each party with all relevant information with respect to the rights of the party under this chapter, and shall transmit immediately a copy of the claim to the head of the employing office and the designated representative of that office.
(2) Special notification requirements for claims based on acts by members of Congress
(A) In general
In the case of a claim alleging a violation described in subparagraph (B) which consists of a violation described in section 1415(d)(1)(A) of this title by an individual, upon the filing of the claim under subsection (a), the Office shall notify immediately such individual of the claim, the possibility that the individual may be required to reimburse the account described in section 1415(a) of this title for the reimbursable portion of any award or settlement in connection with the claim, and the right of the individual under section 1415(d)(8) of this title to intervene in any mediation, hearing, or civil action under this subchapter with respect to the claim.
(B) Violations described
A violation described in this subparagraph is—
(i) harassment that is unlawful under section 1311(a) or 1316(a) of this title; or
(ii) intimidation, reprisal, or discrimination that is unlawful under section 1317 of this title and is taken against a covered employee because of a claim alleging a violation described in clause (i).
(c) Use of secure electronic reporting and tracking system
(1) Establishment and operation of secure system
The Office shall establish and operate a secure electronic reporting system through which a covered employee may initiate a proceeding under this subchapter, and which will keep an electronic record of the date and time at which the proceeding is initiated and will track all subsequent actions or proceedings occurring with respect to the proceeding under this subchapter.
(2) Accessibility to all parties
The system shall be accessible to all parties to such actions or proceedings, but only until the completion of such actions or proceedings.
(3) Assessment of effectiveness of procedures
The Office shall use the information contained in the system to make regular assessments of the effectiveness of the procedures under this subchapter in providing for the timely resolution of claims, and shall submit semi-annual reports on such assessments each year to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate.
(d) Deadline
A covered employee may not file a claim under this section with respect to an allegation of a violation of law after the expiration of the 180-day period which begins on the date of the alleged violation.
(Pub. L. 104–1, title IV, §402, Jan. 23, 1995, 109 Stat. 32; Pub. L. 115–397, title I, §102(a), Dec. 21, 2018, 132 Stat. 5301.)
Editorial Notes
References in Text
Part A of subchapter II, referred to in subsec. (a)(1), (3)(B), was in the original "part A of title II", meaning part A (§§201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to part A of subchapter II of this chapter. For complete classification of part A to the Code, see Tables.
This chapter, referred to in subsecs. (a)(3)(A) and (b)(1), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Amendments
2018—Pub. L. 115–397 amended section generally. Prior to amendment, section related to counseling prior to commencing a proceeding.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
§1402a. Preliminary review of claims
(a) Preliminary review by hearing officer
(1) Appointment
Not later than 7 days after transmission to the employing office of a claim pursuant to section 1402(b) of this title, the Executive Director shall appoint a hearing officer to conduct a preliminary review of the claim.
(2) Process for appointment
The Executive Director shall appoint a hearing officer under this subsection in the same manner and in accordance with the same requirements and procedures applicable to the appointment of a hearing officer under section 1405(c) of this title.
(b) Assessments required
In conducting a preliminary review of a claim under this section, the hearing officer shall assess each of the following:
(1) Whether the claimant is a covered employee authorized to obtain relief relating to the claim under this subchapter.
(2) Whether the office which is the subject of the claim is an employing office under this chapter.
(3) Whether the individual filing the claim has met the applicable deadlines for filing the claim under this subchapter.
(4) The identification of factual and legal issues involved with respect to the claim.
(5) The specific relief sought by the individual.
(6) Whether, on the basis of the assessments made under paragraphs (1) through (5), the individual filing the claim is a covered employee who has stated a claim for which, if the allegations contained in the claim are true, relief may be granted under this subchapter.
(7) The potential for the settlement of the claim without a formal hearing as provided under section 1405 of this title or a civil action as provided under section 1408 of this title.
(c) Report on review
(1) Report
Not later than 30 days after a claim is filed under section 1402 of this title, the hearing officer shall submit to the individual filing the claim and the office which is the subject of the claim a report on the preliminary review conducted under this section, and shall include in the report the hearing officer's determination as to whether the individual is a covered employee who has stated a claim for which relief may be granted under this subchapter (as described in paragraph (6) of subsection (b)). The submission of the report shall conclude the preliminary review.
(2) Extension of deadline
The hearing officer may (upon notice to the individual filing the claim and the employing office which is the subject of the claim) use an additional period of not to exceed 30 days to conclude the preliminary review.
(d) Effect of determination of failure to state claim for which relief may be granted
If the hearing officer's report on the preliminary review of a claim under subsection (c) includes the determination that the individual filing the claim is not a covered employee or has not stated a claim for which relief may be granted under this subchapter—
(1) the individual (including an individual who is a Library claimant, as defined in section 1401(d)(1) of this title) may not obtain a formal hearing with respect to the claim as provided under section 1405 of this title; and
(2) the hearing officer shall provide the individual and the Executive Director with a written notice that the individual may file a civil action with respect to the claim in accordance with section 1408 of this title.
(e) Transmission of report on preliminary review of certain claims to congressional ethics committees
In the case of a hearing officer's report under subsection (c) on the preliminary review of a claim alleging a violation described in section 1415(d)(1)(A) of this title, the hearing officer shall transmit the report to—
(1) the Committee on Ethics of the House of Representatives, in the case of such an act by a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress); or
(2) the Select Committee on Ethics of the Senate, in the case of such an act by a Senator.
(Pub. L. 104–1, title IV, §403, as added Pub. L. 115–397, title I, §103(a), Dec. 21, 2018, 132 Stat. 5303.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(2), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Prior Provisions
A prior section 403 of Pub. L. 104–1 was renumbered section 404 and is classified to section 1403 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1301 of this title.
§1403. Mediation
(a) Availability of mediation
(1) Notification regarding mediation
(A) Covered employee
Upon receipt of a claim under section 1402 of this title, the Office shall notify the covered employee who filed the claim about the process for mediation under this section and the deadlines applicable to such mediation.
(B) Employing office
Upon transmission to the employing office of the claim pursuant to section 1402(b) of this title, the Office shall notify the employing office about the process for mediation under this section and the deadlines applicable to such mediation.
(2) Initiation
(A) In general
During the period described in subparagraph (B), either the covered employee who filed a claim under section 1402 of this title or the employing office named in the claim may file a request for mediation with the Office, which shall promptly notify the other party. If the other party agrees to the request, the Office shall promptly assign a mediator to the claim, and conduct mediation under this section.
(B) Timing
A covered employee or an employing office may file a request for mediation under subparagraph (A) during the period beginning on the date that the covered employee or employing office, respectively, receives a notification under paragraph (1) regarding a claim under section 1402 of this title and ending on the date on which a hearing officer issues a written decision relating to the claim under section 1405(g) of this title or the covered employee files a civil action with respect to the claim in accordance with section 1408 of this title, as applicable.
(3) Failure to request or accept mediation to have no effect on treatment of claim
The failure of a party to request mediation under this section with respect to a claim, or the failure of a party to agree to a request for mediation under this section, may not be taken into consideration under any procedure under this title with respect to the claim, including a preliminary review under section 1402a of this title, a formal hearing under section 1405 of this title, or a civil action under section 1408 of this title.
(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 from the master list developed and maintained under subsection (e), and
(2) shall involve meetings with the parties during which, at the request of any of the parties, the parties shall be separated, 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 first day after the second party agrees to the request for the mediation. The mediation period may be extended for one additional period of 30 days at the joint request of the covered employee and employing office. Any deadline in this chapter relating to a claim for which mediation has been agreed to in this section, that has not already passed by the first day of the mediation period, shall be stayed during the mediation period. 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.
(e) Master list of mediators
(1) Development and maintenance of master list
The Executive Director shall develop and maintain a master list of individuals who are experienced in adjudicating, arbitrating, or mediating the kinds of personnel and other matters for which mediation may be held under this section. Such list may include, but not be limited to, members of the bar of a State or the District of Columbia and retired judges of the United States courts.
(2) Consideration of candidates
In developing the master list under this subsection, the Executive Director shall consider candidates recommended by the Federal Mediation and Conciliation Service or the Administrative Conference of the United States.
(Pub. L. 104–1, title IV, §404, formerly §403, Jan. 23, 1995, 109 Stat. 32; Pub. L. 114–6, §2(a), Mar. 20, 2015, 129 Stat. 81; renumbered §404 and amended Pub. L. 115–397, title I, §§101(c)(2), 104, Dec. 21, 2018, 132 Stat. 5301, 5305.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Prior Provisions
A prior section 404 of Pub. L. 104–1 was classified to section 1404 of this title, prior to repeal by Pub. L. 115–397, title I, §101(c)(1), Dec. 21, 2018, 132 Stat. 5301.
Amendments
2018—Subsec. (a). Pub. L. 115–397, §104(a), amended subsec. (a) generally. Prior to amendment, text read as follows: "Not later than 15 days after receipt by the employee of notice of the end of the counseling period under section 1402 of this title, but prior to and as a condition of making an election under section 1404 of this title, the covered employee who alleged a violation of a law shall file a request for mediation with the Office."
Subsec. (b)(2). Pub. L. 115–397, §104(b), substituted "meetings with the parties during which, at the request of any of the parties, the parties shall be separated," for "meetings with the parties separately or jointly".
Subsec. (c). Pub. L. 115–397, §104(c), substituted "The mediation period shall be 30 days, beginning on the first day after the second party agrees to the request for the mediation. The mediation period may be extended for one additional period of 30 days at the joint request of the covered employee and employing office. Any deadline in this chapter relating to a claim for which mediation has been agreed to in this section, that has not already passed by the first day of the mediation period, shall be stayed during the mediation period." for "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."
2015—Subsec. (b)(1). Pub. L. 114–6, §2(a)(1), substituted "from the master list developed and maintained under subsection (e)" for "after considering recommendations by organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters".
Subsec. (e). Pub. L. 114–6, §2(a)(2), added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
Effective Date of 2015 Amendment
Pub. L. 114–6, §2(d), Mar. 20, 2015, 129 Stat. 82, provided that: "The amendments made by this section [amending this section and sections 1404 and 1416 of this title] shall apply with respect to mediations and other proceedings which are first initiated after the date of the enactment of this Act [Mar. 20, 2015]."
§1404. Repealed. Pub. L. 115–397, title I, §101(c)(1), Dec. 21, 2018, 132 Stat. 5301
Section, Pub. L. 104–1, title IV, §404, Jan. 23, 1995, 109 Stat. 33; Pub. L. 114–6, §2(b), Mar. 20, 2015, 129 Stat. 81; Pub. L. 115–141, div. I, title I, §153(b)(2), Mar. 23, 2018, 132 Stat. 786, related to election of proceeding.
§1405. Hearing
(a) Requirement for hearings to commence in Office
(1) Hearing required upon request
If, not later than 10 days after a hearing officer submits the report on the preliminary review of a claim under section 1402a(c) of this title, a covered employee submits a request to the Executive Director for a hearing under this section, the Executive Director shall appoint an independent hearing officer pursuant to subsection (c) to consider the claim and render a decision, and a hearing shall be commenced in the Office.
(2) Exceptions
Paragraph (1) does not apply with respect to the claim if—
(A) the hearing officer's report on the preliminary review of the claim under section 1402a(c) of this title includes the determination that the individual filing the claim is not a covered employee who has stated a claim for which relief may be granted under this title (as described in section 1402a(d) of this title); or
(B) the covered employee files a civil action as provided in section 1408 of this title with respect to the claim.
(b) Dismissal
A hearing officer may dismiss any claim that the hearing officer finds to be frivolous or that fails to state a claim upon which relief may be granted.
(c) Hearing officer
(1) Appointment
Upon the filing of a request for a hearing under subsection (a), the Executive Director shall appoint an independent hearing officer to consider the request for a hearing under subsection (a) 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 chapter, 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.
(3) Prohibiting hearing officer conducting preliminary review from conducting hearing
The Executive Director may not appoint a hearing officer to conduct a hearing under this section with respect to a claim if the hearing officer conducted the preliminary review with respect to the claim under section 1402a of this title.
(d) Hearing
Unless a claim 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 90 days after the Executive Director receives the covered employee's request for the hearing under subsection (a), except that, upon mutual agreement of the parties or for good cause, the Office shall extend the time for commencing a hearing for not more than an additional 30 days; and
(3) conducted, except as specifically provided in this chapter and to the greatest extent practicable, in accordance with the principles and procedures set forth in sections 554 through 557 of title 5.
(e) Discovery
Reasonable prehearing discovery may be permitted at the discretion of the hearing officer.
(f) Subpoenas
(1) In general
At the request of a party, a hearing officer may issue subpoenas for the attendance of witnesses and for the production of correspondence, books, papers, documents, and other records. The attendance of witnesses and the production of records may be required from any place within the United States. Subpoenas shall be served in the manner provided under rule 45(b) of the Federal Rules of Civil Procedure.
(2) Objections
If a person refuses, on the basis of relevance, privilege, or other objection, to testify in response to a question or to produce records in connection with a proceeding before a hearing officer, the hearing officer shall rule on the objection. At the request of the witness or any party, the hearing officer shall (or on the hearing officer's own initiative, the hearing officer may) refer the ruling to the Board for review.
(3) Enforcement
(A) In general
If a person fails to comply with a subpoena, the Board may authorize the General Counsel to apply, in the name of the Office, to an appropriate United States district court for an order requiring that person to appear before the hearing officer to give testimony or produce records. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey a lawful order of the district court issued pursuant to this section may be held by such court to be a civil contempt thereof.
(B) Service of process
Process in an action or contempt proceeding pursuant to subparagraph (A) may be served in any judicial district in which the person refusing or failing to comply, or threatening to refuse or not to comply, resides, transacts business, or may be found, and subpoenas for witnesses who are required to attend such proceedings may run into any other district.
(g) Decision
The hearing officer shall issue a written decision as expeditiously as possible, but in no case more than 90 days after the conclusion of the hearing. The written decision shall be transmitted by the Office to the parties. The decision shall state the issues raised in the claim, 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. 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, §405, Jan. 23, 1995, 109 Stat. 33; Pub. L. 115–397, title I, §103(b)–(e), Dec. 21, 2018, 132 Stat. 5304, 5305.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (c)(2)(A), (d)(3), and (h), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3 which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Rule 45(b) of the Federal Rules of Civil Procedure, referred to in subsec. (f)(1), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Subchapter II, referred to in subsec. (g), was in the original "title II", meaning title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to subchapter II of this chapter. For complete classification of title II to the Code, see Tables.
Amendments
2018—Pub. L. 115–397, §103(e)(1), struck out "Complaint and" before "Hearing" in section catchline.
Subsec. (a). Pub. L. 115–397, §103(b), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to filing complaints by covered employees after completion of mediation under former section 1403 of this title.
Subsec. (c)(1). Pub. L. 115–397, §103(e)(2), which directed substitution of "request for a hearing under subsection (a)" for "complaint", was executed by making the substitution both places it appeared, to reflect the probable intent of Congress.
Subsec. (c)(3). Pub. L. 115–397, §103(c), added par. (3).
Subsec. (d). Pub. L. 115–397, §103(e)(3), substituted "claim" for "complaint" in introductory provisions.
Subsec. (d)(2). Pub. L. 115–397, §103(d), added par. (2) and struck out former par. (2) which read as follows: "commenced no later than 60 days after filing of the complaint under subsection (a), except that the Office may, for good cause, extend up to an additional 30 days the time for commencing a hearing; and".
Subsec. (g). Pub. L. 115–397, §103(e)(4), substituted "claim" for "complaint".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
§1406. Appeal to Board
(a) In general
Any party aggrieved by the decision of a hearing officer under section 1405(g) of this title may file a petition for review by the Board not later than 30 days after entry of the decision in the records of the Office.
(b) Parties' opportunity to submit argument
The parties to the hearing upon which the decision of the hearing officer was made shall have a reasonable opportunity to be heard, through written submission and, in the discretion of the Board, through oral argument.
(c) Standard of review
The Board shall set aside a decision of a hearing officer if the Board determines that the decision was—
(1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(d) Record
In making determinations under subsection (c), 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, §406, Jan. 23, 1995, 109 Stat. 35.)
§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 under section 1406(e) of this title in cases arising under part A of subchapter II,
(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.
(b) Procedures
(1) Respondents
(A) In any proceeding commenced by a petition filed under subsection (a)(1)(A) or (B), or filed by a party other than the General Counsel under subsection (a)(1)(C) or (D), 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), 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), 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), 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) 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), 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, §407, Jan. 23, 1995, 109 Stat. 35.)
Editorial Notes
References in Text
Parts A, B, C, and D of subchapter II, referred to in subsec. (a), were in the original references to parts A (§§201–207), B (§210), C (§215), and D (§220), respectively, of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, 13, 16, 19, which are classified principally to parts A, B, C, and D, respectively, of subchapter II of this chapter. For complete classification of parts A, B, C, and D to the Code, see Tables.
§1408. Civil action
(a) Jurisdiction
The district courts of the United States shall have jurisdiction over any civil action commenced under section 1401 of this title and this section by a covered employee.
(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, §408, Jan. 23, 1995, 109 Stat. 37; Pub. L. 107–68, title I, §119(a), Nov. 12, 2001, 115 Stat. 573; Pub. L. 115–397, title I, §101(b), Dec. 21, 2018, 132 Stat. 5300.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (c) and (d)(1), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Amendments
2018—Subsec. (a). Pub. L. 115–397 substituted "section 1401 of this title" for "section 1404 of this title" and struck out "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" after "covered employee".
2001—Subsec. (d). Pub. L. 107–68 added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
Effective Date of 2001 Amendment
Pub. L. 107–68, title I, §119(b), Nov. 12, 2001, 115 Stat. 574, provided that: "The amendment made by this section [amending this section] shall apply with respect to proceedings occurring on or after the date of the enactment of this Act [Nov. 12, 2001]."
§1409. Judicial review of regulations
In any proceeding brought under section 1407 or 1408 of this title in which the application of a regulation issued under this chapter is at issue, the court may review the validity of the regulation in accordance with the provisions of subparagraphs (A) through (D) of section 706(2) of title 5, except that with respect to regulations approved by a joint resolution under section 1384(c) of this title, only the provisions of section 706(2)(B) of title 5 shall apply. If the court determines that the regulation is invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regulations issued under this chapter is not subject to judicial review.
(Pub. L. 104–1, title IV, §409, Jan. 23, 1995, 109 Stat. 37.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
§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, §410, Jan. 23, 1995, 109 Stat. 37.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
§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, §411, Jan. 23, 1995, 109 Stat. 37.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
§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), advance the appeal on the docket, and expedite the appeal to the greatest extent possible.
(Pub. L. 104–1, title IV, §412, Jan. 23, 1995, 109 Stat. 38.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
§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, §413, Jan. 23, 1995, 109 Stat. 38.)
§1414. Settlement
Any settlement entered into by the parties to a process described in section 1331, 1341, 1351, or 1401 of this title shall be in writing and not become effective unless it is approved by the Executive Director. Nothing in this chapter shall affect the power of the Senate and the House of Representatives, respectively, to establish rules governing the process by which a settlement may be entered into by such House or by any employing office of such House.
(Pub. L. 104–1, title IV, §414, Jan. 23, 1995, 109 Stat. 38; Pub. L. 115–397, title I, §103(f), Dec. 21, 2018, 132 Stat. 5305.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Amendments
2018—Pub. L. 115–397 struck out "of complaints" after "Settlement" in section catchline.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
§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 chapter. There are appropriated for such account such sums as may be necessary to pay such awards and settlements. Funds in the account are not available for awards and settlements involving the Government Accountability Office or the Government Publishing Office.
(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.
(d) Reimbursement by Members of Congress of amounts paid as settlements and awards
(1) Reimbursement required for certain violations
(A) In general
Subject to subparagraphs (B) and (D), if a payment is made from the account described in subsection (a) for an award or settlement in connection with a claim alleging a violation described in subparagraph (C) committed personally by an individual who, at the time of committing the violation, was a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, the individual shall reimburse the account for the amount of the award or settlement for the claim involved.
(B) Conditions
In the case of an award made pursuant to a decision of a hearing officer under section 1405 of this title, or a court in a civil action, subparagraph (A) shall apply only if the hearing officer or court makes a separate finding that a violation described in subparagraph (C) occurred which was committed personally by an individual who, at the time of committing the violation, was a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, and such individual shall reimburse the account for the amount of compensatory damages included in the award as would be available if awarded under section 1981a(b)(3) of title 42 irrespective of the size of the employing office. In the case of a settlement for a claim described in section 1416(d)(3) of this title, subparagraph (A) shall apply only if the conditions specified in section 1416(d)(3) of this title for requesting reimbursement are met.
(C) Violations described
A violation described in this subparagraph is—
(i) harassment that is unlawful under section 1311(a) or 1316(a) of this title; or
(ii) intimidation, reprisal, or discrimination that is unlawful under section 1317 of this title and is taken against a covered employee because of a claim alleging a violation described in clause (i).
(D) Multiple claims
If an award or settlement is made for multiple claims, some of which do not require reimbursement under this subsection, the individual described in subparagraph (A) shall only be required to reimburse for the amount (referred to in this chapter as the "reimbursable portion") that is—
(i) described in subparagraph (A), subject to subparagraph (B); and
(ii) included in the portion of the award or settlement attributable to a claim requiring reimbursement.
(2) Withholding amounts from compensation
(A) Establishment of timetable and procedures by committees
For purposes of carrying out subparagraph (B), the applicable Committee shall establish a timetable and procedures for the withholding of amounts from the compensation of an individual who is a Member of the House of Representatives or a Senator.
(B) Deadline
The payroll administrator shall withhold from an individual's compensation and transfer to the account described in subsection (a) (after making any deposit required under section 8432(f) of title 5) such amounts as may be necessary to reimburse the account described in subsection (a) for the reimbursable portion of the award or settlement described in paragraph (1) if the individual has not reimbursed the account as required under paragraph (1) prior to the expiration of the 90-day period which begins on the date a payment is made from the account for such an award or settlement.
(C) Applicable Committee defined
In this paragraph, the term "applicable Committee" means—
(i) the Committee on House Administration of the House of Representatives, in the case of an individual who, at the time of the withholding, is a Member of the House; or
(ii) the Committee on Rules and Administration of the Senate, in the case of an individual who, at the time of the withholding, is a Senator.
(3) Use of amounts in Thrift Savings Fund as source of reimbursement
(A) In general
If, by the expiration of the 180-day period that begins on the date a payment is made from the account described in subsection (a) for an award or settlement described in paragraph (1), an individual who is subject to a reimbursement requirement of this subsection has not reimbursed the account for the entire reimbursable portion as required under paragraph (1), withholding and transfers of amounts shall continue under paragraph (2) if the individual remains employed in the same position, and the Executive Director of the Federal Retirement Thrift Investment Board shall make a transfer described in subparagraph (B).
(B) Transfers
The transfer by such Executive Director is a transfer, from the account of the individual in the Thrift Savings Fund to the account described in subsection (a), of an amount equal to the amount of that reimbursable portion of the award or settlement, reduced by—
(i) any amount the individual has reimbursed, taking into account any amounts withheld under paragraph (2); and
(ii) if the individual remains employed in the same position, any amount that the individual is scheduled to reimburse, taking into account any amounts to be withheld under the individual's timetable under paragraph (2).
(C) Initiation of transfer
Notwithstanding section 8435 of title 5, the Executive Director described in subparagraph (A) shall make the transfer under subparagraph (A) upon receipt of a written request to the Executive Director from the Secretary of the Treasury, in the form and manner required by the Executive Director.
(D) Coordination between payroll administrator and the Executive Director
The payroll administrator and the Executive Director described in subparagraph (A) shall carry out this paragraph in a manner that ensures the coordination of the withholding and transferring of amounts under this paragraph, in accordance with regulations promulgated by the Board under section 1383 of this title and such Executive Director.
(4) Administrative wage garnishment or other collection of wages from a subsequent position
(A) Individual subject to garnishment or other collection
Subparagraph (B) shall apply to an individual who is subject to a reimbursement requirement of this subsection if, at any time after the expiration of the 270-day period that begins on the date a payment is made from the account described in subsection (a) for an award or settlement described in paragraph (1), the individual—
(i) has not reimbursed the account for the entire reimbursable portion as required under paragraph (1), through withholdings or transfers under paragraphs (2) and (3);
(ii) is not serving in a position as a Member of the House of Representatives or a Senator; and
(iii) is employed in a subsequent non-Federal position.
(B) Garnishment or other collection of wages
On the expiration of that 270-day period, the amount of the reimbursable portion of an award or settlement described in paragraph (1) (reduced by any amount the individual has reimbursed, taking into account any amounts withheld or transferred under paragraph (2) or (3)) shall be treated as a claim of the United States and transferred to the Secretary of the Treasury for collection. Upon that transfer, the Secretary of the Treasury shall collect the claim, in accordance with section 3711 of title 31, including by administrative wage garnishment of the wages of the individual described in subparagraph (A) from the position described in subparagraph (A)(iii). The Secretary of the Treasury shall transfer the collected amount to the account described in subsection (a).
(5) Notification to Office of Personnel Management and Secretary of the Treasury
(A) Individual subject to annuity or social security withholding
Subparagraph (B) shall apply to an individual subject to a reimbursement requirement of this subsection if, at any time after the expiration of the 270-day period described in paragraph (4)(A), the individual—
(i) has not served in a position as a Member of the House of Representatives or a Senator during the preceding 90 days; and
(ii) is not employed in a subsequent non-Federal position.
(B) Annuity or social security withholding
If, at any time after the 270-day period described in paragraph (4)(A), the individual described in subparagraph (A) has not reimbursed the account described in subsection (a) for the entire reimbursable portion of the award or settlement described in paragraph (1) (as determined by the Secretary of the Treasury), through withholdings, transfers, or collections under paragraphs (2) through (4), the Secretary of the Treasury (after consultation with the payroll administrator)—
(i) shall notify the Director of the Office of Personnel Management, who shall take such actions as the Director considers appropriate to withhold from any annuity payable to the individual under chapter 83 or chapter 84 of title 5 and transfer to the account described in subsection (a), such amounts as may be necessary to reimburse the account for the remainder of the reimbursable portion of an award or settlement described in paragraph (1); and
(ii) shall (if necessary), notwithstanding section 207 of the Social Security Act (42 U.S.C. 407), take such actions as the Secretary of the Treasury considers appropriate to withhold from any payment to the individual under title II of the Social Security Act (42 U.S.C. 401 et seq.) and transfer to the account described in subsection (a), such amounts as may be necessary to reimburse the account for the remainder of the reimbursable portion of an award or settlement described in paragraph (1).
(6) Coordination between OPM and Treasury
The Director of the Office of Personnel Management and the Secretary of the Treasury shall carry out paragraph (5) in a manner that ensures the coordination of the withholding and transferring of amounts under such paragraph, in accordance with regulations promulgated by the Director and the Secretary.
(7) Certification
Once the Executive Director determines that an individual who is subject to a reimbursement requirement of this subsection has reimbursed the account described in subsection (a) for the entire reimbursable portion, the Executive Director shall prepare a certification that the individual has completed that reimbursement, and submit the certification to—
(A) the Committees on House Administration and Ethics of the House of Representatives, in the case of an individual who, at the time of committing the act involved, was a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress); and
(B) the Select Committee on Ethics of the Senate, in the case of an individual who, at the time of committing the act involved, was a Senator.
(8) Right to intervene
An individual who is subject to a reimbursement requirement of this subsection shall have the unconditional right to intervene in any mediation, hearing, or civil action under this subchapter to protect the interests of the individual in the determination of whether an award or settlement described in paragraph (1) should be made, and the amount of any such award or settlement, except that nothing in this paragraph may be construed to require the covered employee who filed the claim to be deposed by counsel for the individual in a deposition that is separate from any other deposition taken from the employee in connection with the hearing or civil action.
(9) Definitions
In this subsection:
(A) Non-Federal position
The term "non-Federal position" means a position other than the position of an employee, as defined in section 2105(a) of title 5.
(B) Payroll administrator
The term "payroll administrator" means—
(i) in the case of an individual who is a Member of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this subsection; or
(ii) in the case of an individual who is a Senator, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this subsection.
(e) Reimbursement by employing offices
(1) Notification of payments made from account
As soon as practicable after the Executive Director is made aware that a payment of an award or settlement under this chapter has been made from the account described in subsection (a) in connection with a claim alleging a violation of section 1311(a) or 1316(a) of this title by an employing office (other than an employing office of the House of Representatives or an employing office of the Senate), the Executive Director shall notify the head of the employing office that the payment has been made, and shall include in the notification a statement of the amount of the payment.
(2) Reimbursement by office
Not later than 180 days after receiving a notification from the Executive Director under paragraph (1), the head of the employing office involved shall transfer to the account described in subsection (a), out of any funds available for operating expenses of the office, a payment equal to the amount specified in the notification.
(3) Timetable and procedures for reimbursement
The head of an employing office shall transfer a payment under paragraph (2) in accordance with such timetable and procedures as may be established under regulations promulgated by the Office.
(Pub. L. 104–1, title IV, §415, Jan. 23, 1995, 109 Stat. 38; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–76, div. I, title I, §1101(a), Jan. 17, 2014, 128 Stat. 425; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 115–141, div. I, title I, §153(a)(2)(E), Mar. 23, 2018, 132 Stat. 786; Pub. L. 115–397, title I, §§111(a), 115(a), Dec. 21, 2018, 132 Stat. 5306, 5314.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a), (b), (d)(1)(D), and (e)(1), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
The Social Security Act, referred to in subsec. (d)(5)(B)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
2018—Subsec. (a). Pub. L. 115–141 substituted "or" for comma after "Government Accountability Office" and struck out ", or the Library of Congress" before period at end.
Subsec. (d). Pub. L. 115–397, §111(a), added subsec. (d).
Subsec. (e). Pub. L. 115–397, §115(a), added subsec. (e).
2014—Subsec. (a). Pub. L. 113–76 substituted "There are appropriated for such account such sums as may be necessary to pay such awards and settlements." for "There are authorized to be appropriated for such account such sums as may be necessary to pay such awards and settlements."
2004—Subsec. (a). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (a) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Effective Date of 2018 Amendment
Pub. L. 115–397, title I, §111(c), Dec. 21, 2018, 132 Stat. 5311, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 8437 of Title 5, Government Organization and Employees] shall apply with respect to claims made on or after the date of the enactment of this Act [Dec. 21, 2018]."
Pub. L. 115–397, title I, §115(b), Dec. 21, 2018, 132 Stat. 5314, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to payments made under section 415 of the Congressional Accountability Act of 1995 (2 U.S.C. 1415) for claims filed on or after the date of the enactment of this Act [Dec. 21, 2018]."
Effective Date of 2014 Amendment
Pub. L. 113–76, div. I, title I, §1101(b), Jan. 17, 2014, 128 Stat. 425, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2014 and each succeeding fiscal year."
§1416. Confidentiality
(a) Mediation
All information discussed or disclosed in the course of any mediation shall be strictly confidential, and the Executive Director shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement.
(b) Hearings and deliberations
Except as provided in subsections (c), (d), and (e), 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. The Executive Director shall notify each person participating in a proceeding or deliberation to which this subsection applies of the requirements of this subsection and of the sanctions applicable to any person who violates the requirements of this subsection.
(c) 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.
(d) Automatic referral to Congressional Ethics Committee of dispositions of claims involving Members of Congress and senior staff
(1) Referral
Upon the final disposition under this subchapter (as described in paragraph (6)) of a claim alleging a violation described in section 1415(d)(1)(C) of this title committed personally by a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, or by a senior staff of the House of Representatives or Senate, the Executive Director shall refer the claim to—
(A) the Committee on Ethics of the House of Representatives, in the case of a Member or senior staff of the House; or
(B) the Select Committee on Ethics of the Senate, in the case of a Senator or senior staff of the Senate.
(2) Access to records and information
If the Executive Director refers a claim to a Committee under paragraph (1), the Executive Director shall provide the Committee with access to the records of any preliminary reviews, hearings, or decisions of the hearing officers and the Board under this chapter, and any information relating to an award or settlement paid, in response to such claim.
(3) Review by Senate ethics committee of settlements of certain claims
After the receipt of a settlement agreement for a claim that includes an allegation of a violation described in section 1415(d)(1)(C) of this title committed personally by a Senator, the Select Committee on Ethics of the Senate shall—
(A) not later than 90 days after that receipt, review the settlement agreement;
(B) determine whether an investigation of the claim is warranted; and
(C) if the Select Committee determines, after the investigation, that the claim that resulted in the settlement involved an actual violation described in section 1415(d)(1)(C) of this title committed personally by the Senator, then the Select Committee shall notify the Executive Director to request the reimbursement described in section 1415(d) of this title and include the settlement in the report required by section 1381(l) of this title.
(4) Protection of personally identifiable information
If a Committee to which a claim is referred under paragraph (1) issues a report with respect to the claim, the Committee shall ensure that the report does not directly disclose the identity or position of the individual who filed the claim.
(5) Committee authority to protect identity of a claimant
(A) Authority
If a Committee to which a claim is referred under paragraph (1) issues a report as described in paragraph (4) concerning a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, or a senior staff of the House of Representatives or Senate, the Committee may make an appropriate redaction to the information or data included in the report if the Chairman and Vice Chairman of the Committee reach agreement—
(i) that including the information or data considered for redaction may lead to the unintentional disclosure of the identity or position of a claimant; and
(ii) on the precise information or data to be redacted.
(B) Notation and statement
The report including any such redaction shall note each redaction and include a statement that the redaction was made solely for the purpose of avoiding such an unintentional disclosure of the identity or position of a claimant.
(C) Retention of reports
The Committee making a redaction in accordance with this paragraph shall retain a copy of the report, without a redaction.
(6) Final disposition described
In this subsection, the "final disposition" of a claim means any of the following:
(A) An order or agreement to pay an award or settlement, including an agreement reached pursuant to mediation under section 1403 of this title.
(B) A final decision of a hearing officer under section 1405(g) of this title that is no longer subject to review by the Board under section 1406 of this title.
(C) A final decision of the Board under section 1406(e) of this title that is no longer subject to appeal to the United States Court of Appeals for the Federal Circuit under section 1407 of this title.
(D) A final decision in a civil action under section 1408 of this title that is no longer subject to appeal.
(7) Senior staff defined
In this subsection, the term "senior staff" means any individual who, at the time a violation occurred, was required to file a report under title I of the Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.).1
(e) 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.
(f) Claims
Nothing in this section may be construed to prohibit a covered employee from disclosing the factual allegations underlying the covered employee's claim, or to prohibit an employing office from disclosing the factual allegations underlying the employing office's defense to the claim, in the course of any proceeding under this subchapter.
(Pub. L. 104–1, title IV, §416, Jan. 23, 1995, 109 Stat. 38; Pub. L. 114–6, §2(c), Mar. 20, 2015, 129 Stat. 81; Pub. L. 115–397, title I, §§112, 114, Dec. 21, 2018, 132 Stat. 5311, 5313.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (d)(2), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
The Ethics in Government Act of 1978, referred to in subsec. (d)(7), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824. Title I of the Act was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in subchapter I (§13101 et seq.) of chapter 131 of Title 5 by Pub. L. 117–286, §§3(c), 7, Dec. 27, 2022, 136 Stat. 4266, 4361. For complete classification of this Act to the Code, see Tables. For disposition of sections of title I of the Act into subchapter I of chapter 131 of Title 5, see Disposition Table preceding section 101 of Title 5.
Amendments
2018—Subsec. (a). Pub. L. 115–397, §114(b)(1), (2), redesignated subsec. (b) as (a) and struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: "All counseling shall be strictly confidential, except that the Office and a covered employee may agree to notify the employing office of the allegations."
Subsec. (b). Pub. L. 115–397, §114(b)(2), (3), redesignated subsec. (c) as (b) and substituted "subsections (c), (d), and (e)" for "subsections (d), (e), and (f)". Former subsec. (b) redesignated (a).
Pub. L. 115–397, §114(a), substituted "All information discussed or disclosed in the course of any mediation" for "All mediation".
Subsecs. (c), (d). Pub. L. 115–397, §114(b)(2), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c) redesignated (b).
Subsec. (e). Pub. L. 115–397, §114(b)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Pub. L. 115–397, §112, amended subsec. (e) generally, substituting provisions relating to automatic referral to congressional ethics committee of dispositions of claims involving Members of Congress and senior staff for provisions relating to access by committees of Congress.
Subsec. (f). Pub. L. 115–397, §114(b)(4), added subsec. (f). Former subsec. (f) redesignated (e).
2015—Subsec. (b). Pub. L. 114–6, §2(c)(1), inserted before period at end ", and the Executive Director shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement".
Subsec. (c). Pub. L. 114–6, §2(c)(2), inserted at end "The Executive Director shall notify each person participating in a proceeding or deliberation to which this subsection applies of the requirements of this subsection and of the sanctions applicable to any person who violates the requirements of this subsection."
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–6 applicable with respect to mediations and other proceedings first initiated after Mar. 20, 2015, see section 2(d) of Pub. L. 114–6, set out as a note under section 1403 of this title.
1 See References in Text note below.
§1417. Option to request remote work assignment or paid leave of absence during pendency of procedures
(a) Options for employees
(1) Remote work assignment
At the request of a covered employee who files a claim alleging a violation of part A of subchapter II by the covered employee's employing office, during the pendency of any of the procedures available under this subchapter for consideration of the claim, the employing office may permit the covered employee to carry out the employee's responsibilities from a remote location (referred to in this section as "permitting a remote work assignment") where such relocation would have the effect of materially reducing interactions between the covered employee and any person alleged to have committed the violation, instead of from a location of the employing office.
(2) Exception for work assignments required to be carried out onsite
If, in the determination of the covered employee's employing office, a covered employee who makes a request under this subsection cannot carry out the employee's responsibilities from a remote location or such relocation would not have the effect described in paragraph (1), the employing office may during the pendency of the procedures described in paragraph (1)—
(A) grant a paid leave of absence to the covered employee;
(B) permit a remote work assignment and grant a paid leave of absence to the covered employee; or
(C) make another workplace adjustment, or permit a remote work assignment, that would have the effect of reducing interactions between the covered employee and any person alleged to have committed the violation described in paragraph (1).
(3) Ensuring no retaliation
An employing office may not grant a covered employee's request under this subsection in a manner which would constitute a violation of section 1317 of this title.
(4) No impact on vacation or personal leave
In granting leave for a paid leave of absence under this section, an employing office shall not require the covered employee to substitute, for that leave, any of the accrued paid vacation or personal leave of the covered employee.
(b) Exception for arrangements subject to collective bargaining agreements
Subsection (a) does not apply to the extent that it is inconsistent with the terms and conditions of any collective bargaining agreement which is in effect with respect to an employing office.
(Pub. L. 104–1, title IV, §417, as added Pub. L. 115–397, title I, §113(a), Dec. 21, 2018, 132 Stat. 5313.)
Editorial Notes
References in Text
Part A of subchapter II, referred to in subsec. (a)(1), was in the original "part A of title II", meaning part A (§§201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to part A of subchapter II of this chapter. For complete classification of part A to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1301 of this title.
SUBCHAPTER V—MISCELLANEOUS PROVISIONS
§1431. Exercise of rulemaking powers
The provisions of sections 1302(b)(3), section 1 1381(l), 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, §501, Jan. 23, 1995, 109 Stat. 39; Pub. L. 115–397, title II, §201(c), Dec. 21, 2018, 132 Stat. 5317.)
Editorial Notes
Amendments
2018—Pub. L. 115–397 inserted ", section 1381(l)," before"and 1384(c) of this title" in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
1 So in original. The word "section" probably should not appear.
§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) with respect to employment decisions.
(b) "Employee" defined
For purposes of subsection (a), the term "employee" means—
(1) an employee on the staff of the leadership of the House of Representatives or the leadership of the Senate;
(2) an employee on the staff of a committee or subcommittee of—
(A) the House of Representatives;
(B) the Senate; or
(C) a joint committee of the Congress;
(3) an employee on the staff of a Member of the House of Representatives or on the staff of a Senator;
(4) an officer of the House of Representatives or the Senate or a congressional employee who is elected by the House of Representatives or Senate or is appointed by a Member of the House of Representatives or by a Senator (in addition an employee described in paragraph (1), (2), or (3)); or
(5) an applicant for a position that is to be occupied by an individual described in any of paragraphs (1) through (4).
(Pub. L. 104–1, title V, §502, Jan. 23, 1995, 109 Stat. 39.)
§1433. Nondiscrimination rules of 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, §503, Jan. 23, 1995, 109 Stat. 40.)
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
§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 subchapters I through IV of this chapter.
(Pub. L. 104–1, title V, §505, Jan. 23, 1995, 109 Stat. 41.)
Editorial Notes
References in Text
The Fair Labor Standards Act of 1938, referred to in par. (1), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
The Civil Rights Act of 1964, referred to in par. (2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 252. Title VII of the Act is classified generally to subchapter VI (§2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in par. (3), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Age Discrimination in Employment Act of 1967, referred to in par. (4), is Pub. L. 90–202, Dec. 15, 1967, 81 Stat. 602, which is classified generally to chapter 14 (§621 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 29 and Tables.
The Family and Medical Leave Act of 1993, referred to in par. (5), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§2601 et seq.) of Title 29, Labor, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.
The Occupational Safety and Health Act of 1970, referred to in par. (6), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§651 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.
The Employee Polygraph Protection Act of 1988, referred to in par. (8), is Pub. L. 100–347, June 27, 1988, 102 Stat. 646, which is classified generally to chapter 22 (§2001 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 29 and Tables.
The Worker Adjustment and Retraining Notification Act, referred to in par. (9), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§2101 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Tables.
The Rehabilitation Act of 1973, referred to in par. (10), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§701 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
Subchapter II of this chapter, referred to in text, was in the original a reference to title II of this Act, meaning title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to subchapter II of this chapter. For complete classification of title II to the Code, see Tables.
§1435. Savings provisions
(a) Transition provisions for employees of House of Representatives and of 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 1 of the Government Employees Rights Act of 1991 or Rule LI of the House of Representatives, including counseling for alleged violations of family and medical leave rights under title V of the Family and Medical Leave Act of 1993, the employee may complete, or initiate and complete, all procedures under the Government Employees Rights Act of 1991 and Rule LI, and the provisions of that Act 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 the effective date of such sections, 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 the Government Employees Rights Act of 1991 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 1 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 1 of this title remains in effect.
(b) Transition provisions for employees of Architect of Capitol
(1) Claims arising before effective date
If, as of the date on which section 1311 of this title takes effect, an employee of the Architect of the Capitol has or could have filed a charge or complaint regarding an alleged violation of section 1831(e)(2) 1 of this title, the employee may complete, or initiate and complete, all procedures under section 1831(e) 1 of this title, the provisions of which shall remain in effect with respect to, and provide the exclusive procedures for, that claim until the completion of all such procedures.
(2) Claims arising between effective date and opening of Office
If a claim by an employee of the Architect of the Capitol arises under section 1311 or 1312 of this title after the effective date of those provisions, 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 1831(e)(3) 1 of this title. 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 2 pursuant to section 1831(e)(3) 1 of this title, and thereafter proceed exclusively under section 1831(e) 1 of this title, the provisions of which shall remain in effect until the completion of all proceedings in relation to the charge, or
(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 1 of title 42, the rights, protections, remedies, and procedures of section 12209 1 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 1 of title 42.
(Pub. L. 104–1, title V, §506, Jan. 23, 1995, 109 Stat. 42.)
Editorial Notes
References in Text
For the effective dates of sections 1311, 1312, and 1331 of this title, referred to in text, see sections 1311(e), 1312(f), and 1331(i), respectively, of this title.
Rule LI of the Rules of the House of Representatives, referred to in subsec. (a)(1), (2), was repealed by H. Res. No. 5, §23(a), One Hundred Fifth Congress, Jan. 7, 1997.
The Family and Medical Leave Act of 1993, referred to in subsec. (a)(1), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6. Title V of the Act was classified generally to sections 60m and 60n of this title prior to repeal, except as provided by this section, by Pub. L. 104–1, title V, §504(b), Jan. 23, 1995, 109 Stat. 41. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29, Labor, and Tables.
The Government Employees Rights Act of 1991, referred to in subsec. (a)(1), (2), probably means the Government Employee Rights Act of 1991, which is title III of Pub. L. 102–166, Nov. 21, 1991, 105 Stat. 1088, and is classified generally to sections 2000e–16a to 2000e–16c of Title 42, The Public Health and Welfare. Sections 305 and 307 of the Act were classified to sections 1205 and 1207, respectively, of this title prior to repeal, except as provided in this section, by Pub. L. 104–1, title V, §504(a)(2), Jan. 23, 1995, 109 Stat. 41. For complete classification of this Act to the Code, see section 2000e–16a(a) of Title 42 and Tables.
Section 1207a of this title, referred to in subsec. (a)(3), was repealed, except as provided in this section, by Pub. L. 104–1, title V, §504(a)(5), Jan. 23, 1995, 109 Stat. 41.
Section 1831(e) of this title, referred to in subsec. (b), was repealed, except as provided in this section, by Pub. L. 104–1, title V, §504(c)(1), Jan. 23, 1995, 109 Stat. 41.
Section 12209 of title 42, referred to in subsec. (c), was in the original a reference to section 509 of the Americans with Disabilities Act of 1990. Sections 508 and 509 of the Act were renumbered sections 509 and 510, respectively, by Pub. L. 110–325, §6(a)(2), Sept. 25, 2008, 122 Stat. 3558, and are classified to sections 12208 and 12209, respectively, of title 42.
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance.
1 See References in Text note below.
2 See Change of Name note below.
§1436. Repealed. Pub. L. 106–57, title III, §313, Sept. 29, 1999, 113 Stat. 428
Section, Pub. L. 104–1, title V, §507, Jan. 23, 1995, 109 Stat. 43; Pub. L. 105–275, title I, §12, Oct. 21, 1998, 112 Stat. 2436, related to use of frequent flyer miles.
§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 the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355).
(Pub. L. 104–1, title V, §508, Jan. 23, 1995, 109 Stat. 44.)
Editorial Notes
References in Text
The Federal Acquisition Streamlining Act of 1994, referred to in text, is Pub. L. 103–355, Oct. 13, 1994, 108 Stat. 3243. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 101 of Title 41, Public Contracts, and Tables.
§1437a. Training and education programs of employing offices
(a) Requiring offices to develop and implement programs
Each employing office shall develop and implement a program to train and educate covered employees of the office in the rights and protections provided under this chapter, including the procedures available under subchapter IV to consider alleged violations of this chapter.
(b) Report to committees
(1) In general
Not later than 45 days after the beginning of each Congress (beginning with the One Hundred Seventeenth Congress), each employing office shall submit a report to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate on the implementation of the program required under subsection (a).
(2) Special rule for first report
Not later than 180 days after December 21, 2018, each employing office shall submit the report described in paragraph (1) to the Committees described in such paragraph.
(c) Exception for offices of Congress
This section does not apply to an employing office of the House of Representatives or an employing office of the Senate.
(Pub. L. 104–1, title V, §509, as added Pub. L. 115–397, title III, §306(a)(2), Dec. 21, 2018, 132 Stat. 5324.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Prior Provisions
A prior section 509 of Pub. L. 104–1 was renumbered section 511 and is classified to section 1438 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1301 of this title.
§1437b. Support for out-of-area covered employees
(a) In general
All covered employees whose location of employment is outside of the Washington, DC area (referred to in this section as "out-of-area covered employees") shall have equitable access to the resources and services provided by the Office and under this chapter as is provided to covered employees who work in the Washington, DC area.
(b) Office of Congressional Workplace Rights
The Office shall—
(1) establish a method by which out-of-area covered employees may communicate securely with the Office, which shall include an option for real-time audiovisual communication; and
(2) provide guidance to employing offices regarding how each office can facilitate equitable access to the resources and services provided under this chapter for its out-of-area covered employees, including information regarding the communication methods described in paragraph (1).
(c) Employing offices
It is the sense of Congress that each employing office with out-of-area covered employees should use its best efforts to facilitate equitable access to the resources and services provided under this chapter for those employees.
(Pub. L. 104–1, title V, §510, as added Pub. L. 115–397, title III, §307(a)(2), Dec. 21, 2018, 132 Stat. 5325.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Prior Provisions
A prior section 510 of Pub. L. 104–1 was renumbered section 511 and is classified to section 1438 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1301 of this title.
§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, §511, formerly §509, Jan. 23, 1995, 109 Stat. 44; renumbered §510, renumbered §511, Pub. L. 115–397, title III, §§306(a)(1), 307(a)(1), Dec. 21, 2018, 132 Stat. 5324, 5325.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.
CHAPTER 25—UNFUNDED MANDATES REFORM
SUBCHAPTER I—LEGISLATIVE ACCOUNTABILITY AND REFORM
SUBCHAPTER II—REGULATORY ACCOUNTABILITY AND REFORM
SUBCHAPTER III—REVIEW OF FEDERAL MANDATES
SUBCHAPTER IV—JUDICIAL REVIEW
§1501. Purposes
The purposes of this chapter are—
(1) to strengthen the partnership between the Federal Government and State, local, and tribal governments;
(2) to end the imposition, in the absence of full consideration by Congress, of Federal mandates on State, local, and tribal governments without adequate Federal funding, in a manner that may displace other essential State, local, and tribal governmental priorities;
(3) to assist Congress in its consideration of proposed legislation establishing or revising Federal programs containing Federal mandates affecting State, local, and tribal governments, and the private sector by—
(A) providing for the development of information about the nature and size of mandates in proposed legislation; and
(B) establishing a mechanism to bring such information to the attention of the Senate and the House of Representatives before the Senate and the House of Representatives vote on proposed legislation;
(4) to promote informed and deliberate decisions by Congress on the appropriateness of Federal mandates in any particular instance;
(5) to require that Congress consider whether to provide funding to assist State, local, and tribal governments in complying with Federal mandates, to require analyses of the impact of private sector mandates, and through the dissemination of that information provide informed and deliberate decisions by Congress and Federal agencies and retain competitive balance between the public and private sectors;
(6) to establish a point-of-order vote on the consideration in the Senate and House of Representatives of legislation containing significant Federal intergovernmental mandates without providing adequate funding to comply with such mandates;
(7) to assist Federal agencies in their consideration of proposed regulations affecting State, local, and tribal governments, by—
(A) requiring that Federal agencies develop a process to enable the elected and other officials of State, local, and tribal governments to provide input when Federal agencies are developing regulations; and
(B) requiring that Federal agencies prepare and consider estimates of the budgetary impact of regulations containing Federal mandates upon State, local, and tribal governments and the private sector before adopting such regulations, and ensuring that small governments are given special consideration in that process; and
(8) to begin consideration of the effect of previously imposed Federal mandates, including the impact on State, local, and tribal governments of Federal court interpretations of Federal statutes and regulations that impose Federal intergovernmental mandates.
(Pub. L. 104–4, §2, Mar. 22, 1995, 109 Stat. 48.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note below and Tables.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 104–4, §1, Mar. 22, 1995, 109 Stat. 48, provided that: "This Act [enacting this chapter and sections 658 to 658g of this title, amending sections 602, 632, and 653 of this title, and enacting provisions set out as notes under sections 1511 and 1531 of this title] may be cited as the 'Unfunded Mandates Reform Act of 1995'."
§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, §3, Mar. 22, 1995, 109 Stat. 49.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.
§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) 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 title II of the Social Security Act [42 U.S.C. 401 et seq.] (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, §4, Mar. 22, 1995, 109 Stat. 49.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.
The Social Security Act, referred to in par. (7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
§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, §5, Mar. 22, 1995, 109 Stat. 50.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.
SUBCHAPTER I—LEGISLATIVE ACCOUNTABILITY AND REFORM
§1511. Cost of regulations
(a) Sense of Congress
It is the sense of the Congress that Federal agencies should review and evaluate planned regulations to ensure that the cost estimates provided by the Congressional Budget Office will be carefully considered as regulations are promulgated.
(b) Statement of cost
At the request of a committee chairman or ranking minority member, the Director shall, to the extent practicable, prepare a comparison between—
(1) an estimate by the relevant agency, prepared under section 1532 of this title, of the costs of regulations implementing an Act containing a Federal mandate; and
(2) the cost estimate prepared by the Congressional Budget Office for such Act when it was enacted by the Congress.
(c) Cooperation of Office of Management and Budget
At the request of the Director of the Congressional Budget Office, the Director of the Office of Management and Budget shall provide data and cost estimates for regulations implementing an Act containing a Federal mandate covered by part B of title IV of the Congressional Budget and Impoundment Control Act of 1974 [2 U.S.C. 658 et seq.].
(Pub. L. 104–4, title I, §103, Mar. 22, 1995, 109 Stat. 62.)
Editorial Notes
References in Text
The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (c), is Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Part B of title IV of the Act is classified generally to part B (§658 et seq.) of subchapter II of chapter 17A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 104–4, title I, §110, Mar. 22, 1995, 109 Stat. 64, provided that: "This title [enacting this subchapter and sections 658 to 658g of this title and amending sections 602, 632, and 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 [2 U.S.C. 1516], whichever is earlier and shall apply to legislation considered on and after such date."
§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, §105, Mar. 22, 1995, 109 Stat. 62.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
§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 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, §106, Mar. 22, 1995, 109 Stat. 63.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(3), was in the original "this Act", meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
§1514. Enforcement in 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) 1 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, §107, Mar. 22, 1995, 109 Stat. 63.)
Editorial Notes
References in Text
Clause 1(d) of Rule XI of the Rules of the House of Representatives, referred to in subsec. (b), was amended generally by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Codification
Section is comprised of section 107 of Pub. L. 104–4. Subsec. (a) of section 107 of Pub. L. 104–4 amended the Rules of the House of Representatives, which are not classified to the Code.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
1 See References in Text note below.
§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, §108, Mar. 22, 1995, 109 Stat. 63.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
§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, §109, Mar. 22, 1995, 109 Stat. 64.)
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 50, which enacted this subchapter and sections 658 to 658g of this title, amended sections 602, 632, and 653 of this title, and enacted provisions set out as a note under section 1511 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under this section, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
SUBCHAPTER II—REGULATORY ACCOUNTABILITY AND REFORM
§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, §201, Mar. 22, 1995, 109 Stat. 64.)
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 104–4, title II, §209, Mar. 22, 1995, 109 Stat. 67, provided that: "This title [enacting this subchapter] and the amendments made by this title shall take effect on the date of the enactment of this Act [Mar. 22, 1995]."
Executive Documents
Regulatory Planning and Review
For provisions stating regulatory philosophy and principles and setting forth regulatory organization, procedures, and guidelines for centralized review of new and existing regulations to make the regulatory process more efficient, see Ex. Ord. No. 12866, Sept. 30, 1993, 58 F.R. 51735, set out as a note under section 601 of Title 5, Government Organization and Employees.
§1532. Statements to accompany significant regulatory actions
(a) In general
Unless otherwise prohibited by law, before promulgating any general notice of proposed rulemaking that is likely to result in promulgation of any rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year, and before promulgating any final rule for which a general notice of proposed rulemaking was published, the agency shall prepare a written statement containing—
(1) an identification of the provision of Federal law under which the rule is being promulgated;
(2) a qualitative and quantitative assessment of the anticipated costs and benefits of the Federal mandate, including the costs and benefits to State, local, and tribal governments or the private sector, as well as the effect of the Federal mandate on 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) 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) in conjunction with or as a part of any other statement or analysis, provided that the statement or analysis satisfies the provisions of subsection (a).
(Pub. L. 104–4, title II, §202, Mar. 22, 1995, 109 Stat. 64.)
§1533. Small government agency plan
(a) Effects on small governments
Before establishing any regulatory requirements that might significantly or uniquely affect small governments, agencies shall have developed a plan under which the agency shall—
(1) provide notice of the requirements to potentially affected small governments, if any;
(2) enable officials of affected small governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates; and
(3) inform, educate, and advise small governments on compliance with the requirements.
(b) Authorization of appropriations
There are authorized to be appropriated to each agency to carry out the provisions of this section and for no other purpose, such sums as are necessary.
(Pub. L. 104–4, title II, §203, Mar. 22, 1995, 109 Stat. 65.)
§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
Chapter 10 of title 5 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) consistent with applicable laws and regulations.
(Pub. L. 104–4, title II, §204, Mar. 22, 1995, 109 Stat. 65; Pub. L. 117–286, §4(a)(1), Dec. 27, 2022, 136 Stat. 4305.)
Editorial Notes
Amendments
2022—Subsec. (b). Pub. L. 117–286 substituted "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.)" in introductory provisions.
Executive Documents
Delegation of Authority To Issue Guidelines and Instructions
Memorandum of President of the United States, Aug. 25, 1995, 60 F.R. 45039, provided:
Memorandum for the Director of the Office of Management and Budget
By the authority vested in me as President by the Constitution and laws of the United States, including section 204(c) of the Unfunded Mandates Reform Act of 1995 (Public Law 104–4) [2 U.S.C. 1534(c)] and section 301 of title 3 of the United States Code, I hereby delegate to the Director of the Office of Management and Budget the authority vested in the President to issue the guidelines and instructions to Federal agencies required by section 204(c) of that Act.
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
§1535. Least burdensome option or explanation required
(a) In general
Except as provided in subsection (b), before promulgating any rule for which a written statement is required under section 1532 of this title, the agency shall identify and consider a reasonable number of regulatory alternatives and from those alternatives select the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule, for—
(1) State, local, and tribal governments, in the case of a rule containing a Federal intergovernmental mandate; and
(2) the private sector, in the case of a rule containing a Federal private sector mandate.
(b) Exception
The provisions of subsection (a) 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, §205, Mar. 22, 1995, 109 Stat. 66.)
§1536. Assistance to 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, §206, Mar. 22, 1995, 109 Stat. 66.)
§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 2 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, §207, Mar. 22, 1995, 109 Stat. 67.)
§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, §208, Mar. 22, 1995, 109 Stat. 67.)
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
SUBCHAPTER III—REVIEW OF FEDERAL MANDATES
§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 subchapter 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 section 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, §301, Mar. 22, 1995, 109 Stat. 67.)
§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 2 or more Federal mandates which impose contradictory or inconsistent requirements;
(C) terminating Federal mandates which are duplicative, obsolete, or lacking in practical utility;
(D) suspending, on a temporary basis, Federal mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments, including recommendations for triggering such suspension;
(E) consolidating or simplifying Federal mandates, or the planning or reporting requirements of such mandates, in order to reduce duplication and facilitate compliance by State, local, and tribal governments with those mandates;
(F) establishing common Federal definitions or standards to be used by State, local, and tribal governments in complying with Federal mandates that use different definitions or standards for the same terms or principles; and
(G)(i) the mitigation of negative impacts on the private sector that may result from relieving State, local, and tribal governments from Federal mandates (if and to the extent that such negative impacts exist on the private sector); and
(ii) the feasibility of applying relief from Federal mandates in the same manner and to the same extent to private sector entities as such relief is applied to State, local, and tribal governments; and
(4) identify and consider in each recommendation made under paragraph (3), to the extent practicable—
(A) the specific Federal mandates to which the recommendation applies, including requirements of the departments, agencies, and other entities of the Federal Government that State, local, and tribal governments utilize metric systems of measurement; and
(B) any negative impact on the private sector that may result from implementation of the recommendation.
(b) Criteria
(1) In general
The Commission shall establish criteria for making recommendations under subsection (a).
(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);
(B) publish in the Federal Register a notice of availability of the preliminary report; and
(C) provide copies of the preliminary report to the public upon request.
(2) Public hearings
The Commission shall hold public hearings on the preliminary recommendations contained in the preliminary report of the Commission under this subsection.
(d) Final report
No later than 3 months after the date of the publication of the preliminary report under subsection (c), 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) "State mandate" defined
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, §302, Mar. 22, 1995, 109 Stat. 67.)
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
§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, §303, Mar. 22, 1995, 109 Stat. 69.)
§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, §304, Mar. 22, 1995, 109 Stat. 70.)
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
§1555. "Federal mandate" defined
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, §305, Mar. 22, 1995, 109 Stat. 70.)
§1556. Authorization of appropriations
There are authorized to be appropriated to the Advisory Commission to carry out section 1551 of this title and section 1552 of this title, $500,000 for each of fiscal years 1995 and 1996.
(Pub. L. 104–4, title III, §306, Mar. 22, 1995, 109 Stat. 70.)
SUBCHAPTER IV—JUDICIAL REVIEW
§1571. Judicial review
(a) Agency statements on significant regulatory actions
(1) In general
Compliance or noncompliance by any agency with the provisions of sections 1532 and 1533(a)(1) and (2) of this title shall be subject to judicial review only in accordance with this section.
(2) Limited review of agency compliance or noncompliance
(A) Agency compliance or noncompliance with the provisions of sections 1532 and 1533(a)(1) and (2) of this title shall be subject to judicial review only under section 706(1) of title 5, and only as provided under subparagraph (B).
(B) If an agency fails to prepare the written statement (including the preparation of the estimates, analyses, statements, or descriptions) under section 1532 of this title or the written plan under section 1533(a)(1) and (2) of this title, a court may compel the agency to prepare such written statement.
(3) Review of agency rules
In any judicial review under any other Federal law of an agency rule for which a written statement or plan is required under sections 1532 and 1533(a)(1) and (2) of this title, the inadequacy or failure to prepare such statement (including the inadequacy or failure to prepare any estimate, analysis, statement or description) or written plan shall not be used as a basis for staying, enjoining, invalidating or otherwise affecting such agency rule.
(4) Certain information as part of record
Any information generated under sections 1532 and 1533(a)(1) and (2) of this title that is part of the rulemaking record for judicial review under the provisions of any other Federal law may be considered as part of the record for judicial review conducted under such other provisions of Federal law.
(5) Application of other Federal law
For any petition under paragraph (2) the provisions of such other Federal law shall control all other matters, such as exhaustion of administrative remedies, the time for and manner of seeking review and venue, except that if such other Federal law does not provide a limitation on the time for filing a petition for judicial review that is less than 180 days, such limitation shall be 180 days after a final rule is promulgated by the appropriate agency.
(6) Effective date
This subsection shall take effect on October 1, 1995, and shall apply only to any agency rule for which a general notice of proposed rulemaking is promulgated on or after such date.
(b) Judicial review and rule of construction
Except as provided in subsection (a)—
(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, §401, Mar. 22, 1995, 109 Stat. 70.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.
CHAPTER 26—DISCLOSURE OF LOBBYING ACTIVITIES
§1601. Findings
The Congress finds that—
(1) responsible representative Government requires public awareness of the efforts of paid lobbyists to influence the public decisionmaking 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, §2, Dec. 19, 1995, 109 Stat. 691.)
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 104–65, §24, Dec. 19, 1995, 109 Stat. 705, provided that:
"(a) Except as otherwise provided in this section, this Act [see Short Title note below] and the amendments made by this Act shall take effect on January 1, 1996.
"(b) The repeals and amendments made under sections 9, 10, 11, and 12 [amending section 4804 of Title 15, Commerce and Trade, section 219 of Title 18, Crimes and Criminal Procedure, sections 611, 613, 614, 616, 618, and 4002 of Title 22, Foreign Relations and Intercourse, section 1352 of Title 31, Money and Finance, and section 1490p of Title 42, The Public Health and Welfare, repealing sections 261 to 270 of this title and section 3537b of Title 42, and repealing provisions set out as a note under section 261 of this title] shall take effect as provided under subsection (a), except that such repeals and amendments—
"(1) shall not affect any proceeding or suit commenced before the effective date under subsection (a), and in all such proceedings or suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted; and
"(2) shall not affect the requirements of Federal agencies to compile, publish, and retain information filed or received before the effective date of such repeals and amendments."
Short Title of 2019 Amendment
Pub. L. 115–418, §1, Jan. 3, 2019, 132 Stat. 5440, provided that: "This Act [amending sections 1603 and 1604 of this title] may be cited as the 'Justice Against Corruption on K Street Act of 2018' or the 'JACK Act'."
Short Title of 2007 Amendment
Pub. L. 110–81, §1(a), Sept. 14, 2007, 121 Stat. 735, provided that: "This Act [see Tables for classification] may be cited as the 'Honest Leadership and Open Government Act of 2007'."
Short Title of 1998 Amendment
Pub. L. 105–166, §1(a), Apr. 6, 1998, 112 Stat. 38, provided that: "This Act [amending sections 1602, 1604, and 1610 of this title and section 613 of Title 22, Foreign Relations and Intercourse] may be cited as the 'Lobbying Disclosure Technical Amendments Act of 1998'."
Short Title
Pub. L. 104–65, §1, Dec. 19, 1995, 109 Stat. 691, provided that: "This Act [enacting this chapter, amending sections 3304 of Title 5, Government Organization and Employees, section 102 of Pub. L. 95–521, set out in the Appendix to Title 5, section 4804 of Title 15, Commerce and Trade, sections 207 and 219 of Title 18, Crimes and Criminal Procedure, section 2171 of Title 19, Customs Duties, sections 611, 613, 614, 616, 618, 621, and 4002 of Title 22, Foreign Relations and Intercourse, section 1352 of Title 31, Money and Finance, and section 1490p of Title 42, The Public Health and Welfare, repealing sections 261 to 270 of this title and section 3537b of Title 42, enacting provisions set out as notes under this section, section 3304 of Title 5, section 102 of Pub. L. 95–521, set out in the Appendix to Title 5, and section 207 of Title 18, and repealing provisions set out as a note under section 261 of this title] may be cited as the 'Lobbying Disclosure Act of 1995'."
Construction of 2007 Amendment
Pub. L. 110–81, title VII, §703, Sept. 14, 2007, 121 Stat. 776, provided that: "Nothing in this Act [see Tables for classification] or the amendments made by this Act shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech, free exercise, or free association clauses of, the First Amendment to the Constitution."
§1602. Definitions
As used in this chapter:
(1) Agency
The term "agency" has the meaning given that term in section 551(1) of title 5.
(2) Client
The term "client" means any person or entity that employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of that person or entity. A person or entity whose employees act as lobbyists on its own behalf is both a client and an employer of such employees. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members.
(3) Covered executive branch official
The term "covered executive branch official" means—
(A) the President;
(B) the Vice President;
(C) any officer or employee, or any other individual functioning in the capacity of such an officer or employee, in the Executive Office of the President;
(D) any officer or employee serving in a position in level I, II, III, IV, or V of the Executive Schedule, as designated by statute or Executive order;
(E) any member of the uniformed services whose pay grade is at or above O–7 under section 201 of title 37; and
(F) any officer or employee serving in a position of a confidential, policy-determining, policy-making, or policy-advocating character described in section 7511(b)(2)(B) of title 5.
(4) Covered legislative branch official
The term "covered legislative branch official" means—
(A) a Member of Congress;
(B) an elected officer of either House of Congress;
(C) any employee of, or any other individual functioning in the capacity of an employee of—
(i) a Member of Congress;
(ii) a committee of either House of Congress;
(iii) the leadership staff of the House of Representatives or the leadership staff of the Senate;
(iv) a joint committee of Congress; and
(v) a working group or caucus organized to provide legislative services or other assistance to Members of Congress; and
(D) any other legislative branch employee serving in a position described under section 13101(13) of title 5.
(5) Employee
The term "employee" means any individual who is an officer, employee, partner, director, or proprietor of a person or entity, but does not include—
(A) independent contractors; or
(B) volunteers who receive no financial or other compensation from the person or entity for their services.
(6) Foreign entity
The term "foreign entity" means a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)).
(7) Lobbying activities
The term "lobbying activities" means lobbying contacts and efforts in support of such contacts, including preparation and planning activities, research and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the lobbying activities of others.
(8) Lobbying contact
(A) Definition
The term "lobbying contact" means any oral or written communication (including an electronic communication) to a covered executive branch official or a covered legislative branch official that is made on behalf of a client with regard to—
(i) the formulation, modification, or adoption of Federal legislation (including legislative proposals);
(ii) the formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other program, policy, or position of the United States Government;
(iii) the administration or execution of a Federal program or policy (including the negotiation, award, or administration of a Federal contract, grant, loan, permit, or license); or
(iv) the nomination or confirmation of a person for a position subject to confirmation by the Senate.
(B) Exceptions
The term "lobbying contact" does not include a communication that is—
(i) made by a public official acting in the public official's official capacity;
(ii) made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public;
(iii) made in a speech, article, publication or other material that is distributed and made available to the public, or through radio, television, cable television, or other medium of mass communication;
(iv) made on behalf of a government of a foreign country or a foreign political party and disclosed under the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);
(v) a request for a meeting, a request for the status of an action, or any other similar administrative request, if the request does not include an attempt to influence a covered executive branch official or a covered legislative branch official;
(vi) made in the course of participation in an advisory committee subject to chapter 10 of title 5;
(vii) testimony given before a committee, subcommittee, or task force of the Congress, or submitted for inclusion in the public record of a hearing conducted by such committee, subcommittee, or task force;
(viii) information provided in writing in response to an oral or written request by a covered executive branch official or a covered legislative branch official for specific information;
(ix) required by subpoena, civil investigative demand, or otherwise compelled by statute, regulation, or other action of the Congress or an agency, including any communication compelled by a Federal contract, grant, loan, permit, or license;
(x) made in response to a notice in the Federal Register, Commerce Business Daily, or other similar publication soliciting communications from the public and directed to the agency official specifically designated in the notice to receive such communications;
(xi) not possible to report without disclosing information, the unauthorized disclosure of which is prohibited by law;
(xii) made to an official in an agency with regard to—
(I) a judicial proceeding or a criminal or civil law enforcement inquiry, investigation, or proceeding; or
(II) a filing or proceeding that the Government is specifically required by statute or regulation to maintain or conduct on a confidential basis,
if that agency is charged with responsibility for such proceeding, inquiry, investigation, or filing;
(xiii) made in compliance with written agency procedures regarding an adjudication conducted by the agency under section 554 of title 5 or substantially similar provisions;
(xiv) a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding;
(xv) a petition for agency action made in writing and required to be a matter of public record pursuant to established agency procedures;
(xvi) made on behalf of an individual with regard to that individual's benefits, employment, or other personal matters involving only that individual, except that this clause does not apply to any communication with—
(I) a covered executive branch official, or
(II) a covered legislative branch official (other than the individual's elected Members of Congress or employees who work under such Members' direct supervision),
with respect to the formulation, modification, or adoption of private legislation for the relief of that individual;
(xvii) a disclosure by an individual that is protected under the amendments made by the Whistleblower Protection Act of 1989, under chapter 4 of title 5, or under another provision of law;
(xviii) made by—
(I) a church, its integrated auxiliary, or a convention or association of churches that is exempt from filing a Federal income tax return under paragraph 2(A)(i) of section 6033(a) of title 26, 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 [15 U.S.C. 78a et seq.] 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 Future Trading Commission, respectively;
relating to the regulatory responsibilities of such organization under that Act.
(9) Lobbying firm
The term "lobbying firm" means a person or entity that has 1 or more employees who are lobbyists on behalf of a client other than that person or entity. The term also includes a self-employed individual who is a lobbyist.
(10) Lobbyist
The term "lobbyist" means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact, other than an individual whose lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period.
(11) Media organization
The term "media organization" means a person or entity engaged in disseminating information to the general public through a newspaper, magazine, other publication, radio, television, cable television, or other medium of mass communication.
(12) Member of Congress
The term "Member of Congress" means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress.
(13) Organization
The term "organization" means a person or entity other than an individual.
(14) Person or entity
The term "person or entity" means any individual, corporation, company, foundation, association, labor organization, firm, partnership, society, joint stock company, group of organizations, or State or local government.
(15) Public official
The term "public official" means any elected official, appointed official, or employee of—
(A) a Federal, State, or local unit of government in the United States other than—
(i) a college or university;
(ii) a government-sponsored enterprise (as defined in section 622(8) of this title);
(iii) a public utility that provides gas, electricity, water, or communications;
(iv) a guaranty agency (as defined in section 1085(j) of title 20), including any affiliate of such an agency; or
(v) an agency of any State functioning as a student loan secondary market pursuant to section 1085(d)(1)(F) of title 20;
(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 5304(e) of title 25; 1
(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, §3, Dec. 19, 1995, 109 Stat. 691; Pub. L. 105–166, §§2, 3, Apr. 6, 1998, 112 Stat. 38; Pub. L. 110–81, title II, §201(b)(1), Sept. 14, 2007, 121 Stat. 742; Pub. L. 117–286, §4(a)(2), (b)(2), (c)(3), Dec. 27, 2022, 136 Stat. 4305, 4342, 4353.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
Levels I, II, III, IV, and V of the Executive Schedule, referred to in par. (3)(D), are set out in sections 5312, 5313, 5314, 5315, and 5316, respectively, of Title 5, Government Organization and Employees.
The Foreign Agents Registration Act of 1938, referred to in par. (8)(B)(iv), is act June 8, 1938, ch. 327, 52 Stat. 631, which is classified generally to subchapter II (§611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables.
The Whistleblower Protection Act of 1989, referred to in par. (8)(B)(xvii), is Pub. L. 101–12, Apr. 10, 1989, 103 Stat. 16, which enacted subchapters II [5 U.S.C. 1211 et seq.] and III [5 U.S.C. 1221 et seq.] of chapter 12 and section 3352 of Title 5, Government Organization and Employees, amended sections 1201 to 1206, 1209, 1211, 2302, 2303, 3393, 7502, 7512, 7521, 7542, 7701, and 7703 of Title 5 and section 4139 of Title 22, Foreign Relations and Intercourse, repealed sections 1207 and 1208 of Title 5, and enacted provisions set out as notes under sections 1201, 1211, and 5509 of Title 5. For complete classification of this Act to the Code, see Short Title of 1989 Amendment note set out under section 1201 of Title 5 and Tables.
The Securities Exchange Act, referred to in par. (8)(B)(xix), probably means the Securities Exchange Act of 1934, act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables.
The Commodity Exchange Act, referred to in par. (8)(B)(xix), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to chapter 1 (§1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1 of Title 7 and Tables.
Amendments
2022—Par. (4)(D). Pub. L. 117–286, §4(c)(3), substituted "section 13101(13) of title 5." for "section 109(13) of the Ethics in Government Act of 1978 (5 U.S.C. App.)."
Par. (8)(B)(vi). Pub. L. 117–286, §4(a)(2), substituted "chapter 10 of title 5;" for "the Federal Advisory Committee Act;".
Par. (8)(B)(xvii). Pub. L. 117–286, §4(b)(2), substituted "chapter 4 of title 5," for "the Inspector General Act of 1978,".
2007—Par. (10). Pub. L. 110–81 substituted "3-month period" for "six month period".
1998—Par. (3)(F). Pub. L. 105–166, §2, substituted "7511(b)(2)(B)" for "7511(b)(2)".
Par. (8)(B)(ix). Pub. L. 105–166, §3(a), inserted before semicolon at end ", including any communication compelled by a Federal contract, grant, loan, permit, or license".
Par. (15)(F). Pub. L. 105–166, §3(b), inserted before period at end ", or a group of governments acting together as an international organization".
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of Jan. 1, 2008, or later and with respect to quarterly reports under that Act covering calendar quarters beginning on or after Jan. 1, 2008, see section 215 of Pub. L. 110–81, set out as a note under section 30104 of Title 52, Voting and Elections.
Effective Date
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title.
1 So in original. A closing parenthesis probably should precede the semicolon.
§1603. Registration of lobbyists
(a) Registration
(1) General rule
No later than 45 days after a lobbyist first makes a lobbying contact or is employed or retained to make a lobbying contact, whichever is earlier, or on the first business day after such 45th day if the 45th day is not a business day, such lobbyist (or, as provided under paragraph (2), the organization employing such lobbyist), shall register with the Secretary of the Senate and the Clerk of the House of Representatives.
(2) Employer filing
Any organization that has 1 or more employees who are lobbyists shall file a single registration under this section on behalf of such employees for each client on whose behalf the employees act as lobbyists.
(3) Exemption
(A) General rule
Notwithstanding paragraphs (1) and (2), a person or entity whose—
(i) total income for matters related to lobbying activities on behalf of a particular client (in the case of a lobbying firm) does not exceed and is not expected to exceed $2,500; or
(ii) total expenses in connection with lobbying activities (in the case of an organization whose employees engage in lobbying activities on its own behalf) do not exceed or are not expected to exceed $10,000,
(as estimated under section 1604 of this title) in the quarterly period described in section 1604(a) of this title during which the registration would be made is not required to register under this subsection with respect to such client.
(B) Adjustment
The dollar amounts in subparagraph (A) shall be adjusted—
(i) on January 1, 1997, to reflect changes in the Consumer Price Index (as determined by the Secretary of Labor) since December 19, 1995; and
(ii) on January 1 of each fourth year occurring after January 1, 1997, to reflect changes in the Consumer Price Index (as determined by the Secretary of Labor) during the preceding 4-year period,
rounded to the nearest $500.
(b) Contents of registration
Each registration under this section shall contain—
(1) the name, address, business telephone number, and principal place of business of the registrant, and a general description of its business or activities;
(2) the name, address, and principal place of business of the registrant's client, and a general description of its business or activities (if different from paragraph (1));
(3) the name, address, and principal place of business of any organization, other than the client, that—
(A) contributes more than $5,000 to the registrant or the client in the quarterly period to fund the lobbying activities of the registrant; and
(B) actively participates in the planning, supervision, or control of such lobbying activities;
(4) the name, address, principal place of business, amount of any contribution of more than $5,000 to the lobbying activities of the registrant, and approximate percentage of equitable ownership in the client (if any) of any foreign entity that—
(A) holds at least 20 percent equitable ownership in the client or any organization identified under paragraph (3);
(B) directly or indirectly, in whole or in major part, plans, supervises, controls, directs, finances, or subsidizes the activities of the client or any organization identified under paragraph (3); or
(C) is an affiliate of the client or any organization identified under paragraph (3) and has a direct interest in the outcome of the lobbying activity;
(5) a statement of—
(A) the general issue areas in which the registrant expects to engage in lobbying activities on behalf of the client; and
(B) to the extent practicable, specific issues that have (as of the date of the registration) already been addressed or are likely to be addressed in lobbying activities;
(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 the employee first acted as a lobbyist on behalf of the client, the position in which such employee served; and
(7) for any listed lobbyist who was convicted in a Federal or State court of an offense involving bribery, extortion, embezzlement, an illegal kickback, tax evasion, fraud, a conflict of interest, making a false statement, perjury, or money laundering, the date of the conviction and a description of the offense.
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, §4, Dec. 19, 1995, 109 Stat. 696; Pub. L. 110–81, title II, §§201(b)(2), (5), 207(a)(1), (b), 208, Sept. 14, 2007, 121 Stat. 742, 747, 748; Pub. L. 115–418, §2(a), Jan. 3, 2019, 132 Stat. 5440.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
Amendments
2019—Subsec. (b)(7). Pub. L. 115–418 added par. (7).
2007—Subsec. (a)(1). Pub. L. 110–81, §201(b)(2)(A), inserted "or on the first business day after such 45th day if the 45th day is not a business day," after "earlier,".
Subsec. (a)(3)(A). Pub. L. 110–81, §201(b)(2)(B), substituted "quarterly period" for "semiannual period" in concluding provisions.
Subsec. (a)(3)(A)(i). Pub. L. 110–81, §201(b)(5)(A), substituted "$2,500" for "$5,000".
Subsec. (a)(3)(A)(ii). Pub. L. 110–81, §201(b)(5)(B), substituted "$10,000" for "$20,000".
Subsec. (b). Pub. L. 110–81, §207(b), inserted concluding provisions.
Subsec. (b)(3)(A). Pub. L. 110–81, §207(a)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "contributes more than $5,000 toward the lobbying activities of the registrant in a semiannual period described in section 1604(a) of this title; and".
Pub. L. 110–81, §201(b)(5)(C), substituted "$5,000" for "$10,000".
Subsec. (b)(3)(B). Pub. L. 110–81, §207(a)(1)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "in whole or in major part plans, supervises, or controls such lobbying activities."
Subsec. (b)(4). Pub. L. 110–81, §201(b)(5)(D), substituted "$5,000" for "$10,000" in introductory provisions.
Subsec. (b)(6). Pub. L. 110–81, §208, substituted "in the 20 years before the date on which the employee first acted" for "in the 2 years before the date on which such employee first acted (after December 19, 1995)".
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of Jan. 1, 2008, or later and with respect to quarterly reports under that Act covering calendar quarters beginning on or after Jan. 1, 2008, see section 215 of Pub. L. 110–81, set out as a note under section 30104 of Title 52, Voting and Elections.
Effective Date
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title.
§1604. Reports by registered lobbyists
(a) Quarterly report
No later than 20 days after the end of the quarterly period beginning on the first day of January, April, July, and October of each year in which a registrant is registered under section 1603 of this title, or on the first business day after such 20th day if the 20th day is not a business day, each registrant shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on its lobbying activities during such quarterly period. A separate report shall be filed for each client of the registrant.
(b) Contents of report
Each quarterly report filed under subsection (a) 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;
(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; and
(6) for any listed lobbyist who was convicted in a Federal or State court of an offense involving bribery, extortion, embezzlement, an illegal kickback, tax evasion, fraud, a conflict of interest, making a false statement, perjury, or money laundering, the date of the conviction and a description of the offense.
(c) Estimates of income or expenses
For purposes of this section, estimates of income or expenses shall be made as follows:
(1) Estimates of amounts in excess of $5,000 shall be rounded to the nearest $10,000.
(2) In the event income or expenses do not exceed $5,000, the registrant shall include a statement that income or expenses totaled less than $5,000 for the reporting period.
(d) Semiannual reports on certain contributions
(1) In general
Not later than 30 days after the end of the semiannual period beginning on the first day of January and July of each year, or on the first business day after such 30th day if the 30th day is not a business day, each person or organization who is registered or is required to register under paragraph (1) or (2) of section 1603(a) of this title, and each employee who is or is required to be listed as a lobbyist under section 1603(b)(6) of this title or subsection (b)(2)(C) of this section, shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives containing—
(A) the name of the person or organization;
(B) in the case of an employee, his or her employer;
(C) the names of all political committees established or controlled by the person or organization;
(D) the name of each Federal candidate or officeholder, leadership PAC, or political party committee, to whom aggregate contributions equal to or exceeding $200 were made by the person or organization, or a political committee established or controlled by the person or organization within the semiannual period, and the date and amount of each such contribution made within the semiannual period;
(E) the date, recipient, and amount of funds contributed or disbursed during the semiannual period by the person or organization or a political committee established or controlled by the person or organization—
(i) to pay the cost of an event to honor or recognize a covered legislative branch official or covered executive branch official;
(ii) to an entity that is named for a covered legislative branch official, or to a person or entity in recognition of such official;
(iii) to an entity established, financed, maintained, or controlled by a covered legislative branch official or covered executive branch official, or an entity designated by such official; or
(iv) to pay the costs of a meeting, retreat, conference, or other similar event held by, or in the name of, 1 or more covered legislative branch officials or covered executive branch officials,
except that this subparagraph shall not apply if the funds are provided to a person who is required to report the receipt of the funds under section 30104 of title 52;
(F) the name of each Presidential library foundation, and each Presidential inaugural committee, to whom contributions equal to or exceeding $200 were made by the person or organization, or a political committee established or controlled by the person or organization, within the semiannual period, and the date and amount of each such contribution within the semiannual period; and
(G) a certification by the person or organization filing the report that the person or organization—
(i) has read and is familiar with those provisions of the Standing Rules of the Senate and the Rules of the House of Representatives relating to the provision of gifts and travel; and
(ii) has not provided, requested, or directed a gift, including travel, to a Member of Congress or an officer or employee of either House of Congress with knowledge that receipt of the gift would violate rule XXXV of the Standing Rules of the Senate or rule XXV of the Rules of the House of Representatives.
(2) Definition
In this subsection, the term "leadership PAC" has the meaning given such term in section 30104(i)(8)(B) of title 52.
(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, §5, Dec. 19, 1995, 109 Stat. 697; Pub. L. 105–166, §4(c), Apr. 6, 1998, 112 Stat. 39; Pub. L. 110–81, title II, §§201(a), (b)(6), 202, 203(a), 205, 207(a)(2), Sept. 14, 2007, 121 Stat. 741, 742, 746, 747; Pub. L. 115–418, §2(b), Jan. 3, 2019, 132 Stat. 5440.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (e), was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
Amendments
2019—Subsec. (b)(6). Pub. L. 115–418 added par. (6).
2007—Subsec. (a). Pub. L. 110–81, §201(a)(1), substituted, in heading, "Quarterly" for "Semiannual" and, in text, "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," for "45 days after the end of the semiannual period beginning on the first day of each January and the first day of July of each year in which a registrant is registered under section 1603 of this title," and "such quarterly period" for "such semiannual period".
Subsec. (b). Pub. L. 110–81, §201(a)(2)(A), substituted "quarterly report" for "semiannual report" in introductory provisions.
Subsec. (b)(1). Pub. L. 110–81, §207(a)(2), inserted ", including information under section 1603(b)(3) of this title" before semicolon.
Subsec. (b)(2). Pub. L. 110–81, §201(a)(2)(B), substituted "quarterly period" for "semiannual filing period" in introductory provisions.
Subsec. (b)(3). Pub. L. 110–81, §201(a)(2)(C), substituted "quarterly period" for "semiannual period".
Subsec. (b)(4). Pub. L. 110–81, §201(a)(2)(D), substituted "quarterly period" for "semiannual filing period".
Subsec. (b)(5). Pub. L. 110–81, §202, added par. (5).
Subsec. (c)(1). Pub. L. 110–81, §201(b)(6)(A), substituted "$5,000" for "$10,000" and "$10,000" for "$20,000".
Subsec. (c)(2). Pub. L. 110–81, §201(b)(6)(B), substituted "$5,000" for "$10,000" in two places.
Subsec. (d). Pub. L. 110–81, §203(a), added subsec. (d).
Subsec. (e). Pub. L. 110–81, §205, added subsec. (e).
1998—Subsec. (c)(3). Pub. L. 105–166 struck out par. (3) which read as follows: "A registrant that reports lobbying expenditures pursuant to section 6033(b)(8) of title 26 may satisfy the requirement to report income or expenses by filing with the Secretary of the Senate and the Clerk of the House of Representatives a copy of the form filed in accordance with section 6033(b)(8)."
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Pub. L. 110–81, title II, §203(b), Sept. 14, 2007, 121 Stat. 744, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to the first semiannual period described in section 5(d)(1) of the Lobbying Disclosure Act of 1995 [2 U.S.C. 1604(d)(1)] (as added by this section) that begins after the date of the enactment of this Act [Sept. 14, 2007] and each succeeding semiannual period."
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of Jan. 1, 2008, or later and with respect to quarterly reports under that Act covering calendar quarters beginning on or after Jan. 1, 2008, see section 215 of Pub. L. 110–81, set out as a note under section 30104 of Title 52, Voting and Elections.
Effective Date
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title.
§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 chapter;
(8) notify the United States Attorney for the District of Columbia that a lobbyist or lobbying firm may be in noncompliance with this chapter, if the registrant has been notified in writing and has failed to provide an appropriate response within 60 days after notice was given under paragraph (7);
(9) maintain all registrations and reports filed under this chapter, and make them available to the public over the Internet, without a fee or other access charge, in a searchable, sortable, and downloadable manner, to the extent technically practicable, that—
(A) includes the information contained in the registrations and reports;
(B) is searchable and sortable to the maximum extent practicable, including searchable and sortable by each of the categories of information described in section 1603(b) or 1604(b) of this title; and
(C) provides electronic links or other appropriate mechanisms to allow users to obtain relevant information in the database of the Federal Election Commission;
(10) retain the information contained in a registration or report filed under this chapter for a period of 6 years after the registration or report (as the case may be) is filed; and
(11) make publicly available, on a semiannual basis, the aggregate number of registrants referred to the United States Attorney for the District of Columbia for noncompliance as required by paragraph (8).
(b) Enforcement report
(1) Report
The Attorney General shall report to the congressional committees referred to in paragraph (2), after the end of each semiannual period beginning on January 1 and July 1, the aggregate number of enforcement actions taken by the Department of Justice under this chapter during that semiannual period and, by case, any sentences imposed, except that such report shall not include the names of individuals, or personally identifiable information, that is not already a matter of public record.
(2) Committees
The congressional committees referred to in paragraph (1) are the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
(Pub. L. 104–65, §6, Dec. 19, 1995, 109 Stat. 698; Pub. L. 110–81, title II, §§201(b)(3), 209(a), (b), 210, Sept. 14, 2007, 121 Stat. 742, 748.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
Amendments
2007—Pub. L. 110–81, §210, designated existing provisions as subsec. (a), inserted heading, and added par. (11) and subsec. (b).
Par. (4). Pub. L. 110–81, §209(b), inserted before semicolon at end "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".
Par. (6). Pub. L. 110–81, §201(b)(3), substituted "quarterly period" for "semiannual period".
Pars. (9), (10). Pub. L. 110–81, §209(a), added pars. (9) and (10).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of Jan. 1, 2008, or later and with respect to quarterly reports under that Act covering calendar quarters beginning on or after Jan. 1, 2008, see section 215 of Pub. L. 110–81, set out as a note under section 30104 of Title 52, Voting and Elections.
Effective Date
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title.
§1606. Penalties
(a) Civil penalty
Whoever knowingly fails to—
(1) remedy a defective filing within 60 days after notice of such a defect by the Secretary of the Senate or the Clerk of the House of Representatives; or
(2) comply with any other provision of this chapter;
shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $200,000, depending on the extent and gravity of the violation.
(b) Criminal penalty
Whoever knowingly and corruptly fails to comply with any provision of this chapter shall be imprisoned for not more than 5 years or fined under title 18, or both.
(Pub. L. 104–65, §7, Dec. 19, 1995, 109 Stat. 699; Pub. L. 110–81, title II, §211(a), Sept. 14, 2007, 121 Stat. 749.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
Amendments
2007—Pub. L. 110–81 designated existing provisions as subsec. (a), inserted heading, substituted "$200,000" for "$50,000" in concluding provisions, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Pub. L. 110–81, title II, §211(b), Sept. 14, 2007, 121 Stat. 749, provided that: "The amendments made by subsection (a) [amending this section] shall apply to any violation committed on or after the date of the enactment of this Act [Sept. 14, 2007]."
Effective Date
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title.
§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, §8, Dec. 19, 1995, 109 Stat. 699.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title.
§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, §13, Dec. 19, 1995, 109 Stat. 701.)
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title.
§1609. Identification of clients and covered officials
(a) Oral lobbying contacts
Any person or entity that makes an oral lobbying contact with a covered legislative branch official or a covered executive branch official shall, on the request of the official at the time of the lobbying contact—
(1) state whether the person or entity is registered under this chapter and identify the client on whose behalf the lobbying contact is made; and
(2) state whether such client is a foreign entity and identify any foreign entity required to be disclosed under section 1603(b)(4) of this title that has a direct interest in the outcome of the lobbying activity.
(b) Written lobbying contacts
Any person or entity registered under this chapter that makes a written lobbying contact (including an electronic communication) with a covered legislative branch official or a covered executive branch official shall—
(1) if the client on whose behalf the lobbying contact was made is a foreign entity, identify such client, state that the client is considered a foreign entity under this chapter, and state whether the person making the lobbying contact is registered on behalf of that client under section 1603 of this title; and
(2) identify any other foreign entity identified pursuant to section 1603(b)(4) of this title that has a direct interest in the outcome of the lobbying activity.
(c) Identification as covered official
Upon request by a person or entity making a lobbying contact, the individual who is contacted or the office employing that individual shall indicate whether or not the individual is a covered legislative branch official or a covered executive branch official.
(Pub. L. 104–65, §14, Dec. 19, 1995, 109 Stat. 702.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(1) and (b), was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title.
§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) for reporting or threshold purposes shall—
(1) inform the Secretary of the Senate and the Clerk of the House of Representatives that the registrant has elected to make its estimates under such procedures; and
(2) make all such estimates, in a given calendar year, under such procedures.
(d) Study
Not later than March 31, 1997, the Comptroller General of the United States shall review reporting by registrants under subsections (a) and (b) 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 or to the appropriate sections of title 26 that the Comptroller General may recommend to harmonize the definitions.
(Pub. L. 104–65, §15, Dec. 19, 1995, 109 Stat. 702; Pub. L. 105–166, §4(a), (b), Apr. 6, 1998, 112 Stat. 38; Pub. L. 110–81, title II, §201(b)(4), Sept. 14, 2007, 121 Stat. 742.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (c) and (d)(2), (3), was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
Amendments
2007—Subsecs. (a)(1), (b)(1). Pub. L. 110–81 substituted "quarterly period" for "semiannual period".
1998—Subsec. (a). Pub. L. 105–166, §4(a)(1), in introductory provisions, substituted "A person, other than a lobbying firm," for "A registrant".
Subsec. (a)(2). Pub. L. 105–166, §4(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "in lieu of using the definition of 'lobbying activities' in section 1602(7) of this title, consider as lobbying activities only those activities that are influencing legislation as defined in section 4911(d) of title 26."
Subsec. (b). Pub. L. 105–166, §4(b)(1), in introductory provisions, substituted "A person, other than a lobbying firm, who is required to account and does account for lobbying expenditures pursuant to" for "A registrant that is subject to".
Subsec. (b)(2). Pub. L. 105–166, §4(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "in lieu of using the definition of 'lobbying activities' in section 1602(7) of this title, consider as lobbying activities only those activities, the costs of which are not deductible pursuant to section 162(e) of title 26."
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of Jan. 1, 2008, or later and with respect to quarterly reports under that Act covering calendar quarters beginning on or after Jan. 1, 2008, see section 215 of Pub. L. 110–81, set out as a note under section 30104 of Title 52, Voting and Elections.
Effective Date
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title.
§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, §18, Dec. 19, 1995, 109 Stat. 703; Pub. L. 104–99, title I, §129(a), Jan. 26, 1996, 110 Stat. 34.)
Editorial Notes
Amendments
1996—Pub. L. 104–99 substituted "award, grant, or loan" for "award, grant, contract, loan, or any other form".
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–99, title I, §129(b), Jan. 26, 1996, 110 Stat. 34, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as if included in the Lobbying Disclosure Act of 1995 [Pub. L. 104–65] on the date of the enactment of such Act [Dec. 19, 1995]."
[For provision that notwithstanding section 106 of Pub. L. 104–99 [110 Stat. 27], section 129 of Pub. L. 104–99 [see above] to remain in effect as if enacted as part of Pub. L. 104–134, see section 21103 of Pub. L. 104–134, set out as a note following note captioned 501 First Street SE., District of Columbia; Disposal of Real Property, under section 2001 of this title].
Effective Date
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title.
§1612. Sense of 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 Senate
It is the sense of the Senate that lobbying expenses should not be tax deductible.
(Pub. L. 104–65, §23, Dec. 19, 1995, 109 Stat. 705.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title.
§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 1603(a)(1) of this title, any organization that employs 1 or more lobbyists and is registered or is required to register under section 1603(a)(2) of this title, and any employee listed or required to be listed as a lobbyist by a registrant under section 1603(b)(6) or 1604(b)(2)(C) of this title.
(Pub. L. 104–65, §25, as added Pub. L. 110–81, title II, §206(a), Sept. 14, 2007, 121 Stat. 747.)
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 110–81, title II, §206(b), Sept. 14, 2007, 121 Stat. 747, provided that: "The amendment made by this section [enacting this section] shall take effect on the date of the enactment of this Act [Sept. 14, 2007]."
§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 chapter by lobbyists, lobbying firms, and registrants through a random sampling of publicly available lobbying registrations and reports filed under this chapter 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 chapter; and
(B) provide the Department of Justice with the resources and authorities needed for the effective enforcement of this chapter.
(2) Assessment of compliance
The annual report under paragraph (1) shall include an assessment of compliance by registrants with the requirements of section 1603(b)(3) of this title.
(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 1603(a) of this title and each employee who is listed as a lobbyist under section 1603(b)(6) of this title or section 1604(b)(2)(C) of this title 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, §26, as added Pub. L. 110–81, title II, §213(a), Sept. 14, 2007, 121 Stat. 750.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b)(1), was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 110–81, title II, §213(b), Sept. 14, 2007, 121 Stat. 750, provided that: "The initial audit under subsection (a) of section 26 of the Lobbying Disclosure Act of 1995 [2 U.S.C. 1614(a)] (as added by subsection (a) of this section) shall be made with respect to lobbying registrations and reports filed during the first calendar quarter of 2008, and the initial report under subsection (b) of such section shall be filed, with respect to those registrations and reports, not later than 6 months after the end of that calendar quarter."
CHAPTER 27—SOUND RECORDING PRESERVATION BY THE LIBRARY OF CONGRESS
SUBCHAPTER I—NATIONAL RECORDING REGISTRY
SUBCHAPTER II—NATIONAL SOUND RECORDING PRESERVATION PROGRAM
SUBCHAPTER III—NATIONAL RECORDING PRESERVATION BOARD
SUBCHAPTER IV—GENERAL PROVISIONS
SUBCHAPTER I—NATIONAL RECORDING REGISTRY
§1701. National Recording Registry of the Library of Congress
The Librarian of Congress shall establish the National Recording Registry for the purpose of maintaining and preserving sound recordings that are culturally, historically, or aesthetically significant.
(Pub. L. 106–474, title I, §101, Nov. 9, 2000, 114 Stat. 2085.)
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 106–474, §1, Nov. 9, 2000, 114 Stat. 2085, provided that: "This Act [enacting this chapter and chapter 1524 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations] may be cited as the 'National Recording Preservation Act of 2000'."
§1702. Duties of Librarian of Congress
(a) Establishment of criteria and procedures
For purposes of carrying out this subchapter, the Librarian shall—
(1) establish criteria and procedures under which sound recordings may be included in the National Recording Registry, except that no sound recording shall be eligible for inclusion in the National Recording Registry until 10 years after the recording's creation;
(2) establish procedures under which the general public may make recommendations to the National Recording Preservation Board established under subchapter III regarding the inclusion of sound recordings in the National Recording Registry; and
(3) determine which sound recordings satisfy the criteria established under paragraph (1) and select such recordings for inclusion in the National Recording Registry.
(b) Publication of sound recordings in the Registry
The Librarian shall publish in the Federal Register the name of each sound recording that is selected for inclusion in the National Recording Registry.
(Pub. L. 106–474, title I, §102, Nov. 9, 2000, 114 Stat. 2085.)
§1703. Seal of the National Recording Registry
(a) In general
The Librarian shall provide a seal to indicate that a sound recording has been included in the National Recording Registry and is the Registry version of that recording.
(b) Use of seal
The Librarian shall establish guidelines for approval of the use of the seal provided under subsection (a), and shall include in the guidelines the following:
(1) The seal may only be used on recording copies of the Registry version of a sound recording.
(2) The seal may be used only after the Librarian has given approval to those persons seeking to apply the seal in accordance with the guidelines.
(3) In the case of copyrighted mass distributed, broadcast, or published works, only the copyright legal owner or an authorized licensee of that copyright owner may place or authorize the placement of the seal on any recording copy of the Registry version of any sound recording that is maintained in the National Recording Registry Collection in the Library of Congress.
(4) Anyone authorized to place the seal on any recording copy of any Registry version of a sound recording may accompany such seal with the following language: "This sound recording is selected for inclusion in the National Recording Registry by the Librarian of Congress in consultation with the National Recording Preservation Board of the Library of Congress because of its cultural, historical, or aesthetic significance.".
(c) Effective date of the seal
The use of the seal provided under subsection (a) with respect to a sound recording shall be effective beginning on the date the Librarian publishes in the Federal Register (in accordance with section 1702(b) of this title) the name of the recording, as selected for inclusion in the National Recording Registry.
(d) Prohibited uses of the seal
(1) Prohibition on distribution and exhibition
No person may knowingly distribute or exhibit to the public a version of a sound recording or any copy of a sound recording which bears the seal described in subsection (a) if such recording—
(A) is not included in the National Recording Registry; or
(B) is included in the National Recording Registry but has not been approved for use of the seal by the Librarian pursuant to the guidelines established under subsection (b).
(2) Prohibition on promotion
No person may knowingly use the seal described in subsection (a) to promote any version of a sound recording or recording copy other than a Registry version.
(e) Remedies for violations
(1) Jurisdiction
The several district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of subsection (d).
(2) Relief
(A) Removal of seal
Except as provided in subparagraph (B), relief for violation of subsection (d) shall be limited to the removal of the seal from the sound recording involved in the violation.
(B) Fine and injunctive relief
In the case of a pattern or practice of the willful violation of subsection (d), the court may order a civil fine of not more than $10,000 and appropriate injunctive relief.
(3) Limitation of remedies
The remedies provided in this subsection shall be the exclusive remedies under this chapter, or any other Federal or State law, regarding the use of the seal described in subsection (a).
(Pub. L. 106–474, title I, §103, Nov. 9, 2000, 114 Stat. 2086.)
§1704. National Recording Registry Collection of the Library of Congress
(a) In general
All copies of sound recordings on the National Recording Registry that are received by the Librarian under subsection (b) shall be maintained in the Library of Congress and be known as the "National Recording Registry Collection of the Library of Congress". The Librarian shall by regulation and in accordance with title 17 provide for reasonable access to the sound recordings and other materials in such collection for scholarly and research purposes.
(b) Acquisition of quality copies
(1) In general
The Librarian shall seek to obtain, by gift from the owner, a quality copy of the Registry version of each sound recording included in the National Recording Registry.
(2) Limit on number of copies
Not more than one copy of the same version or take of any sound recording may be preserved in the National Recording Registry. Nothing in the preceding sentence may be construed to prohibit the Librarian from making or distributing copies of sound recordings included in the Registry for purposes of carrying out this Act.
(c) Property of United States
All copies of sound recordings on the National Recording Registry that are received by the Librarian under subsection (b) shall become the property of the United States Government, subject to the provisions of title 17.
(Pub. L. 106–474, title I, §104, Nov. 9, 2000, 114 Stat. 2087.)
Editorial Notes
References in Text
This Act, referred to in subsec. (b)(2), is Pub. L. 106–474, Nov. 9, 2000, 114 Stat. 2085, known as the National Recording Preservation Act of 2000, which enacted this chapter and chapter 1524 (§152401 et seq.) of Title 36, Patriotic and National Observances, Ceremonies, and Organizations. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.
SUBCHAPTER II—NATIONAL SOUND RECORDING PRESERVATION PROGRAM
§1711. Establishment of program by Librarian of Congress
(a) In general
The Librarian shall, after consultation with the National Recording Preservation Board established under subchapter III, implement a comprehensive national sound recording preservation program, in conjunction with other sound recording archivists, educators and historians, copyright owners, recording industry representatives, and others involved in activities related to sound recording preservation, and taking into account studies conducted by the Board.
(b) Contents of program specified
The program established under subsection (a) shall—
(1) coordinate activities to assure that efforts of archivists and copyright owners, and others in the public and private sector, are effective and complementary;
(2) generate public awareness of and support for these activities;
(3) increase accessibility of sound recordings for educational purposes;
(4) undertake studies and investigations of sound recording preservation activities as needed, including the efficacy of new technologies, and recommend solutions to improve these practices; and
(5) utilize the audiovisual conservation center of the Library of Congress at Culpeper, Virginia, to ensure that preserved sound recordings included in the National Recording Registry are stored in a proper manner and disseminated to researchers, scholars, and the public as may be appropriate in accordance with title 17 and the terms of any agreements between the Librarian and persons who hold copyrights to such recordings.
(Pub. L. 106–474, title I, §111, Nov. 9, 2000, 114 Stat. 2087.)
§1712. Promoting accessibility and public awareness of sound recordings
The Librarian shall carry out activities to make sound recordings included in the National Recording Registry more broadly accessible for research and educational purposes and to generate public awareness and support of the Registry and the comprehensive national sound recording preservation program established under this subchapter.
(Pub. L. 106–474, title I, §112, Nov. 9, 2000, 114 Stat. 2088.)
SUBCHAPTER III—NATIONAL RECORDING PRESERVATION BOARD
§1721. Establishment
The Librarian shall establish in the Library of Congress a National Recording Preservation Board whose members shall be selected in accordance with the procedures described in section 1722 of this title.
(Pub. L. 106–474, title I, §121, Nov. 9, 2000, 114 Stat. 2088.)
§1722. Appointment of members
(a) Selections from lists submitted by organizations
(1) In general
The Librarian shall request each organization described in paragraph (2) to submit a list of three candidates qualified to serve as a member of the Board. The Librarian shall appoint one member from each such list, and shall designate from that list an alternate who may attend at Board expense those meetings which the individual appointed to the Board cannot attend.
(2) Organizations described
The organizations described in this paragraph are as follows:
(A) National Academy of Recording Arts and Sciences (NARAS).
(B) Recording Industry Association of America (RIAA).
(C) Association for Recorded Sound Collections (ARSC).
(D) American Society of Composers, Authors and Publishers (ASCAP).
(E) Broadcast Music, Inc. (BMI).
(F) Songwriters Association (SESAC).
(G) American Federation of Musicians (AF of M).
(H) Music Library Association.
(I) American Musicological Society.
(J) National Archives and Record Administration.
(K) National Association of Recording Merchandisers (NARM).
(L) Society for Ethnomusicology.
(M) American Folklore Society.
(N) Country Music Foundation.
(O) Audio Engineering Society (AES).
(P) National Academy of Popular Music.
(Q) Digital Media Association (DiMA).
(b) Other members
In addition to the members appointed under subsection (a), the Librarian may appoint not more than five members-at-large. The Librarian shall select an alternate for each member-at-large, who may attend at Board expense those meetings that the member-at-large cannot attend.
(c) Chair
The Librarian shall appoint one member of the Board to serve as Chair.
(d) Term of office
(1) Terms
The term of each member of the Board shall be 4 years, except that there shall be no limit to the number of terms that any individual member may serve.
(2) Removal of members
The Librarian shall have the authority to remove any member of the Board if the member fails, after receiving proper notification, to attend (or send a designated alternate to attend) a regularly scheduled Board meeting, or if the member is determined by the Librarian to have substantially failed to fulfill the member's responsibilities as a member of the Board.
(3) Vacancies
A vacancy in the Board shall be filled in the manner in which the original appointment was made under subsection (a), except that the Librarian may fill the vacancy from a list of candidates previously submitted by the organization or organizations involved. Any member appointed to fill a vacancy shall be appointed for the remainder of the term of the member's predecessor.
(Pub. L. 106–474, title I, §122, Nov. 9, 2000, 114 Stat. 2088; Pub. L. 110–336, §2(a)(2), Oct. 2, 2008, 122 Stat. 3726.)
Editorial Notes
Amendments
2008—Subsec. (d)(2). Pub. L. 110–336 amended par. (2) generally. Prior to amendment, text of par. (2) read as follows: "The Librarian shall have the authority to remove any member of the Board (or, in the case of a member appointed under subsection (a)(1) of this section, the organization that such member represents) if the member or organization over any consecutive 2-year period fails to attend at least one regularly scheduled Board meeting."
§1723. Service of members; meetings
(a) Reimbursement of expenses
Members of the Board shall serve without pay, but may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5.
(b) Conflict of interest
The Librarian shall establish rules and procedures to address any potential conflict of interest between a member of the Board and responsibilities of the Board.
(c) Meetings
The Board shall meet at least once each fiscal year. Meetings shall be at the call of the Librarian.
(d) Quorum
Eleven members of the Board shall constitute a quorum for the transaction of business.
(Pub. L. 106–474, title I, §123, Nov. 9, 2000, 114 Stat. 2089.)
§1724. Responsibilities of Board
(a) Review and recommendation of nominations for National Recording Registry
(1) In general
The Board shall review nominations of sound recordings submitted to it for inclusion in the National Recording Registry and advise the Librarian, as provided in subchapter I, with respect to the inclusion of such recordings in the Registry and the preservation of these and other sound recordings that are culturally, historically, or aesthetically significant.
(2) Source of nominations
The Board shall consider for inclusion in the National Recording Registry nominations submitted by the general public as well as representatives of sound recording archives and the sound recording industry (such as the guilds and societies representing sound recording artists) and other creative artists.
(b) Study and report on sound recording preservation and restoration
The Board shall conduct a study and issue a report on the following issues:
(1) The current state of sound recording archiving, preservation and restoration activities.
(2) Taking into account the research and other activities carried out by or on behalf of the National Audio-Visual Conservation Center at Culpeper, Virginia—
(A) the methodology and standards needed to make the transition from analog "open reel" preservation of sound recordings to digital preservation of sound recordings; and
(B) standards for access to preserved sound recordings by researchers, educators, and other interested parties.
(3) The establishment of clear standards for copying old sound recordings (including equipment specifications and equalization guidelines).
(4) Current laws and restrictions regarding the use of archives of sound recordings, including recommendations for changes in such laws and restrictions to enable the Library of Congress and other nonprofit institutions in the field of sound recording preservation to make their collections available to researchers in a digital format.
(5) Copyright and other laws applicable to the preservation of sound recordings.
(Pub. L. 106–474, title I, §124, Nov. 9, 2000, 114 Stat. 2089.)
§1725. General powers of Board
(a) In general
The Board may, for the purpose of carrying out its duties, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Librarian and the Board consider appropriate.
(b) Service on Foundation
Two sitting members of the Board shall be appointed by the Librarian and shall serve as members of the board of directors of the National Recording Preservation Foundation, in accordance with section 152403 of title 36.
(Pub. L. 106–474, title I, §125, Nov. 9, 2000, 114 Stat. 2090.)
SUBCHAPTER IV—GENERAL PROVISIONS
§1741. Definitions
As used in this chapter:
(1) The term "Librarian" means the Librarian of Congress.
(2) The term "Board" means the National Recording Preservation Board.
(3) The term "sound recording" has the meaning given such term in section 101 of title 17.
(4) The term "publication" has the meaning given such term in section 101 of title 17.
(5) The term "Registry version" means, with respect to a sound recording, the version of a recording first published or offered for mass distribution whether as a publication or a broadcast, or as complete a version as bona fide preservation and restoration activities by the Librarian, an archivist other than the Librarian, or the copyright legal owner can compile in those cases where the original material has been irretrievably lost or the recording is unpublished.
(Pub. L. 106–474, title I, §131, Nov. 9, 2000, 114 Stat. 2090.)
§1742. Staff; experts and consultants
(a) Staff
The Librarian may appoint and fix the pay of such personnel as the Librarian considers appropriate to carry out this chapter.
(b) Experts and consultants
The Librarian may, in carrying out this chapter, procure temporary and intermittent services under section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum rate of basic pay payable for level 15 of the General Schedule. In no case may a member of the Board (including an alternate member) be paid as an expert or consultant under this section.
(Pub. L. 106–474, title I, §132, Nov. 9, 2000, 114 Stat. 2091.)
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (b), is set out under section 5332 of Title 5, Government Organization and Employees.
§1743. Authorization of appropriations
There are authorized to be appropriated to the Librarian for the first fiscal year beginning on or after November 9, 2000, and each succeeding fiscal year through fiscal year 2026 such sums as may be necessary to carry out this chapter, except that the amount authorized for any fiscal year may not exceed $250,000.
(Pub. L. 106–474, title I, §133, Nov. 9, 2000, 114 Stat. 2091; Pub. L. 110–336, §2(a)(1)(A), Oct. 2, 2008, 122 Stat. 3726; Pub. L. 114–217, §2(a), July 29, 2016, 130 Stat. 840.)
Editorial Notes
Amendments
2016—Pub. L. 114–217 substituted "through fiscal year 2026" for "through fiscal year 2016".
2008—Pub. L. 110–336 substituted "for the first fiscal year beginning on or after November 9, 2000, and each succeeding fiscal year through fiscal year 2016" for "for each of the first 7 fiscal years beginning on or after November 9, 2000,".
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–336, §2(a)(1)(B), Oct. 2, 2008, 122 Stat. 3726, provided that: "The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of the National Recording Preservation Act of 2000 [Pub. L. 106–474]."
CHAPTER 28—ARCHITECT OF THE CAPITOL
SUBCHAPTER I—GENERAL
SUBCHAPTER II—GENERAL POWERS AND DUTIES
SUBCHAPTER III—PERSONNEL
Part A—General
Part B—Compensation
SUBCHAPTER IV—APPROPRIATIONS AND EXPENDITURES
SUBCHAPTER V—CAPITOL-FLOWN FLAGS FOR FAMILIES OF FALLEN HEROES
SUBCHAPTER I—GENERAL
§1801. Repealed. Pub. L. 118–31, div. E, title LVII, §5702(d)(1), Dec. 22, 2023, 137 Stat. 960
Section, Pub. L. 101–163, title III, §319, Nov. 21, 1989, 103 Stat. 1068; Pub. L. 104–19, title I, §701, July 27, 1995, 109 Stat. 220, related to appointment of Architect of the Capitol by the President by and with the advice and consent of the Senate for a term of 10 years. See section 1801a of this title.
Editorial Notes
Codification
Section was classified to section 162–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Prior Provisions
Act Aug. 15, 1876, ch. 287, 19 Stat. 147, transferred duties relative to the Capitol theretofore performed by Commissioner of Public Buildings and Grounds to Architect of the Capitol.
Act Mar. 2, 1867, ch. 167, §2, 14 Stat. 466, abolished office of Commissioner of Public Buildings and Grounds referred to in section 1811 of this title, and transferred the duties of that office to the Chief of Engineers of the Army.
Act Sept. 30, 1850, ch. 90, §1, 9 Stat. 538, made appropriation for "the extension of the Capitol" according to the plan as might be approved by the President, to be expended under his direction, "by such architect as he may appoint to execute the same." Subsequent acts frequently referred to the Architect of the Capitol or to the Architect of the Capitol Extension.
Act Mar. 3, 1829, ch. 51, §2, 4 Stat. 363, authorized President to continue office of Architect of the Capitol long enough to complete work in progress.
Act May 2, 1828, ch. 45, §3, 4 Stat. 266, abolished office of Architect of the Capitol. The duties of that office were transferred to Commissioner of Public Buildings and Grounds, appointed by President under act April 29, 1816, ch. 150, §2, 3 Stat. 324, to succeed a previously existing board of three commissioners of Public Buildings and Grounds.
Statutory Notes and Related Subsidiaries
Change of Name
The name of Superintendent of the Capitol Building and Grounds was changed to Architect of the Capitol by Act Mar. 3, 1921, ch. 124, 41 Stat. 1291, the Legislative, Executive, and Judicial Appropriation Act Mar. 3, 1921, fiscal year 1922.
The name of Architect of the Capitol was changed to Superintendent of the Capitol Building and Grounds, by act Feb. 14, 1902, ch. 17, 32 Stat. 20, popularly known as the "Urgent Deficiency Appropriation Act for 1902".
Effective Date of Repeal
Repeal applicable with respect to appointments made on or after Dec. 22, 2023, see section 1801a(e) of this title.
Short Title of 2023 Amendment
Pub. L. 118–31, div. E, title LVII, §5701, Dec. 22, 2023, 137 Stat. 960, provided that: "This title [enacting sections 1801a and 1805a of this title, amending sections 1805 and 1811 of this title, and repealing this section and section 1804 of this title] may be cited as the 'Architect of the Capitol Appointment Act of 2023'."
Short Title of 2016 Amendment
Pub. L. 114–156, §1, May 16, 2016, 130 Stat. 391, provided that: "This Act [enacting subchapter V of this chapter] may be cited as the 'Fallen Heroes Flag Act of 2016'."
Comprehensive Management Study and Response
Pub. L. 107–68, title I, §129(d), Nov. 12, 2001, 115 Stat. 580, required the Comptroller General to conduct a comprehensive management study of the operations of the Architect of the Capitol by Nov. 1, 2002, and required the Architect of the Capitol to develop and submit a management improvement plan.
Accounting and Financial Management System
Pub. L. 107–68, title I, §132, Nov. 12, 2001, 115 Stat. 581, which directed the Architect of the Capitol to develop and maintain an accounting and financial management system, including financial reporting and internal controls, was from the Legislative Branch Appropriations Act, 2002.
§1801a. Appointment and term of service of Architect of the Capitol
(a) Appointment
The Architect of the Capitol shall be appointed, without regard to political affiliation and solely on the basis of fitness to perform the duties of the office, upon a majority vote of a congressional commission (referred to in this section as the "commission") consisting of the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of the House of Representatives and Senate, the chair and ranking minority member of the Committee on Appropriations of the House of Representatives, the chairman and ranking minority member of the Committee on Appropriations of the Senate, the chair and ranking minority member of the Committee on House Administration of the House of Representatives, and the chairman and ranking minority member of the Committee on Rules and Administration of the Senate.
(b) Term of service
The Architect of the Capitol shall be appointed for a term of 10 years and, upon a majority vote of the members of the commission, may be reappointed for additional 10-year terms.
(c) Removal
The Architect of the Capitol may be removed from office at any time upon a majority vote of the members of the commission.
(d) Omitted
(e) Effective date
This section, and the amendments made by this section, shall apply with respect to appointments made on or after December 22, 2023.
(Pub. L. 118–31, div. E, title LVII, §5702, Dec. 22, 2023, 137 Stat. 960.)
Editorial Notes
References in Text
For the amendments made by this section, referred to in subsec. (e), see Codification note below.
Codification
Section is comprised of section 5702 of Pub. L. 118–31. Subsec. (d)(1) of section 5702 of Pub. L. 118–31 repealed section 1801 of this title. Subsec. (d)(2) of section 5702 of Pub. L. 118–31 amended section 1811 of this title.
§1802. Compensation
The compensation of the Architect of the Capitol shall be at an annual rate which is equal to the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5.
(Pub. L. 96–146, §1, formerly §1(1), Dec. 14, 1979, 93 Stat. 1086; Pub. L. 107–68, title I, §129(a), Nov. 12, 2001, 115 Stat. 579; renumbered §1 and amended Pub. L. 116–94, div. E, title II, §212(a)(3)(D), Dec. 20, 2019, 133 Stat. 2775; Pub. L. 117–103, div. I, title II, §212(a), Mar. 15, 2022, 136 Stat. 526.)
Editorial Notes
Codification
Section was classified to section 162a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Prior Provisions
Prior provisions prescribing the annual rate of compensation of the Architect of the Capitol were contained in the following prior sections 162a of former Title 40, Public Buildings, Property, and Works:
Pub. L. 88–426, title II, §203(c), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90–206, title II, §219(2), Dec. 16, 1967, 81 Stat. 639; Pub. L. 94–82, title II, §204(b), Aug. 9, 1975, 89 Stat. 421, which was omitted as superseded by Pub. L. 96–146, §1(1).
Acts Oct. 15, 1949, ch. 695, §5(a), 63 Stat. 880; Aug. 5, 1955, ch. 568, §101, 69 Stat. 515, which was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 655.
Amendments
2022—Pub. L. 117–103 substituted "the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5." for "the maximum rate of pay in effect under section 4575(f) of this title."
2019—Pub. L. 116–94 amended section generally. Prior to amendment, text read as follows: "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."
2001—Pub. L. 107–68, which directed amendment of "Section 203(c) of the Federal Legislative Salary Act of 1964 (40 U.S.C. 162a)" by striking "the annual rate of basic pay" and all that follows and inserting "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.", was executed by substituting the new language for "the annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5" in this section, which is section 1(1) of Pub. L. 96–146, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–103, div. I, title II, §212(c), Mar. 15, 2022, 136 Stat. 527, provided that: "This section [amending this section and section 1902 of this title] and the amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after the date of enactment of this Act [Mar. 15, 2022]."
Effective Date of 2019 Amendment
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.
Effective Date of 2001 Amendment
Pub. L. 107–68, title I, §129(e), Nov. 12, 2001, 115 Stat. 580, provided that: "Except as provided in subsections (c)(2) and (d) [enacting provisions set out as notes under sections 1801 and 1849 of this title], this section [amending this section and section 1849 of this title and enacting provisions set out as notes under sections 1801, 1848, and 1849 of this title] and the amendments made by this section shall apply with respect to pay periods beginning on or after October 1, 2001."
Effective Date
Pub. L. 96–146, §2, Dec. 14, 1979, 93 Stat. 1086, provided that: "The provisions of this Act [enacting this section and section 166b of former Title 40, Public Buildings, Property, and Works] shall take effect on the first day of the first applicable pay period commencing on or after the date of the enactment of this Act [Dec. 14, 1979]."
Salary Increases
1987—Salary of Architect increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of this title.
1977—Salary of Architect increased to $50,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of this title.
1969—Salary of Architect increased to $38,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of this title.
§1803. Delegation of authority
The Architect of the Capitol may delegate the duties and authorities of the Architect to officers and employees of the Office of the Architect of the Capitol, as the Architect determines appropriate.
(Aug. 5, 1955, ch. 568, 69 Stat. 515; Pub. L. 108–7, div. H, title I, §1205, Feb. 20, 2003, 117 Stat. 375; Pub. L. 116–260, div. O, title VII, §701(a), Dec. 27, 2020, 134 Stat. 2154.)
Editorial Notes
Codification
Section was classified to section 163b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is from the Legislative Branch Appropriation Act, 1956.
Amendments
2020—Pub. L. 116–260 substituted "delegate the duties and authorities of the Architect to officers and employees of the Office of the Architect of the Capitol, as the Architect determines appropriate" for "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".
2003—Pub. L. 108–7 substituted "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" for "Architect of the Capitol is authorized on and after August 5, 1955, to delegate to the Assistant Architect and other assistants such authority of the Architect as he may deem proper".
§1804. Repealed. Pub. L. 118–31, div. E, title LVII, §5704(d), Dec. 22, 2023, 137 Stat. 962
Section, Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 817; Pub. L. 101–163, title I, §106(d), Nov. 21, 1989, 103 Stat. 1057; Pub. L. 108–7, div. H, title I, §1204, Feb. 20, 2003, 117 Stat. 374, provided that the Deputy Architect of the Capitol would act as Architect of the Capitol during the absence or disability of that official or whenever there was no Architect. See section 1805a of this title.
Editorial Notes
Codification
Section was classified to section 164a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 87–730, Oct. 2, 1962, 76 Stat. 688.
Pub. L. 87–130, Aug. 10, 1961, 75 Stat. 329.
Pub. L. 86–628, July 12, 1960, 74 Stat. 455.
Pub. L. 86–176, Aug. 21, 1959, 73 Stat. 407.
Pub. L. 85–570, July 31, 1958, 72 Stat. 448.
Pub. L. 85–75, July 1, 1957, 71 Stat. 251.
June 27, 1956, ch. 453, 70 Stat. 365.
Aug. 5, 1955, ch. 568, 69 Stat. 515.
July 2, 1954, ch. 455, title I, 68 Stat. 405.
Aug. 1, 1953, ch. 304, title I, 67 Stat. 327.
July 9, 1952, ch. 598, 66 Stat. 472.
Oct. 11, 1951, ch. 485, 65 Stat. 396.
Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 602.
June 22, 1949, ch. 235, 63 Stat. 224.
June 14, 1948, ch. 467, 62 Stat. 430.
July 17, 1947, ch. 262, 61 Stat. 369.
July 1, 1946, ch. 530, 60 Stat. 400.
May 18, 1946, ch. 263, title I, 60 Stat. 185.
June 13, 1945, ch. 189, 59 Stat. 251.
June 26, 1944, ch. 277, title I, 58 Stat. 346.
June 28, 1943, ch. 173, title I, 57 Stat. 232.
June 8, 1942, ch. 396, 56 Stat. 341.
July 1, 1941, ch. 268, 55 Stat. 457.
June 18, 1940, ch. 396, 54 Stat. 472.
June 16, 1939, ch. 208, 53 Stat. 831.
May 17, 1938, ch. 236, 52 Stat. 390.
May 18, 1937, ch. 223, 50 Stat. 179.
Apr. 17, 1936, ch. 233, 49 Stat. 1224.
July 8, 1935, ch. 374, 49 Stat. 469.
May 30, 1934, ch. 372, 48 Stat. 826.
Feb. 28, 1933, ch. 134, 47 Stat. 1360.
June 30, 1932, ch. 314, 47 Stat. 391.
Feb. 20, 1931, ch. 234, 46 Stat. 1183.
June 6, 1930, ch. 407, 46 Stat. 513.
§1805. Deputy Architect of the Capitol
(a) Establishment of Deputy Architect of the Capitol
The Architect of the Capitol (in this section referred to as the "Architect") shall appoint a suitable individual to be the Deputy Architect of the Capitol (in this section referred to as the "Deputy Architect"). The Architect may delegate to the Deputy Architect such duties as the Architect determines are necessary or appropriate.
(b) Deadline
The Architect shall appoint a Deputy Architect under subsection (a) not later than 120 days after—
(1) the date on which the Architect is appointed under section 1801a of this title, if there is no Deputy Architect on the date of the appointment; or
(2) the date on which a vacancy arises in the office of the Deputy Architect.
(c) Compensation
The Deputy Architect 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.
(d) Failure to appoint
If the Architect does not appoint a Deputy Architect on or before the applicable date specified in subsection (b), the congressional commission described in section 1801a(a) of this title shall appoint the Deputy Architect by a majority vote of the members of the commission.
(e) Notification
If the position of Deputy Architect becomes vacant, the Architect shall immediately notify the members of the congressional commission described in section 1801a(a) of this title.
(Pub. L. 108–7, div. H, title I, §1203, Feb. 20, 2003, 117 Stat. 373; Pub. L. 108–11, title II, §2601(a), Apr. 16, 2003, 117 Stat. 599; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–316, §1(b), Dec. 18, 2010, 124 Stat. 3452; Pub. L. 116–260, div. O, title VII, §701(b), Dec. 27, 2020, 134 Stat. 2154; Pub. L. 118–31, div. E, title LVII, §5703, Dec. 22, 2023, 137 Stat. 961.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.
Amendments
2023—Subsec. (a). Pub. L. 118–31, §5703(1), inserted "(in this section referred to as the 'Architect')" after "The Architect of the Capitol" and "(in this section referred to as the 'Deputy Architect')" after "Deputy Architect of the Capitol".
Subsec. (b). Pub. L. 118–31, §5703(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 118–31, §5703(2), (4), redesignated subsec. (b) as (c) and struck out "of the Capitol" after "The Deputy Architect" and after "pay for the Architect".
Subsecs. (d), (e). Pub. L. 118–31, §5703(5), added subsecs. (d) and (e).
2020—Pub. L. 116–260, §701(b)(1), substituted "Capitol" for "Capitol/Chief Operating Officer" in section catchline.
Subsec. (a). Pub. L. 116–260, §701(b)(2), inserted text of subsec. (a) and struck out former text of subsec. (a) which read as follows: "There shall be a Deputy Architect of the Capitol who shall serve as the Chief Operating Officer of the Office of the Architect of the Capitol. The Deputy Architect of the Capitol shall be appointed by the Architect of the Capitol and shall report directly to the Architect of the Capitol and shall be subject to the authority of the Architect of the Capitol. The Architect of the Capitol shall appoint the Deputy Architect of the Capitol not later than 180 days after February 20, 2003. The Architect of the Capitol shall consult with the Comptroller General or his designee before making the appointment."
Subsecs. (b) to (h). Pub. L. 116–260, §701(b)(3), (4), redesignated subsec. (h) as (b) and struck out former subsecs. (b) to (g) which related to Deputy Architect qualifications and responsibilities, submission of an action plan and annual evaluation of its implementation, and removal of the Deputy Architect.
Subsecs. (i), (j). Pub. L. 116–260, §702(b)(5), struck out subsecs. (i) and (j) which required the Deputy Architect to prepare and transmit an annual performance report and terminated the role of the Comptroller General and the Government Accountability Office in this section as of Oct. 1, 2006.
2010—Subsec. (e)(3). Pub. L. 111–316 struck out par. (3). Text read as follows: "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."
2004—Subsecs. (f), (j). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
2003—Subsec. (a). Pub. L. 108–11, substituted "not later than 180 days" for "not later than 90 days".
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–316, §1(c), Dec. 18, 2010, 124 Stat. 3452, provided that: "The amendments made by this section [amending this section and section 1849 of this title] shall apply with respect to pay periods beginning on or after the date of the enactment of this Act [Dec. 18, 2010]."
Effective Date of 2003 Amendment
Pub. L. 108–11, title II, §2601(b), Apr. 16, 2003, 117 Stat. 599, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2003 [Pub. L. 108–7, div. H]."
§1805a. Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy
(a) In general
The Deputy Architect of the Capitol (in this section referred to as the "Deputy Architect") shall act as Architect of the Capitol (in this section referred to as the "Architect") if the Architect is absent or disabled or there is no Architect.
(b) Absence, disability, or vacancy in Office of Deputy Architect
For purposes of subsection (a), if the Deputy Architect is also absent or disabled or there is no Deputy Architect, the congressional commission described in section 1801a(a) of this title shall designate, by a majority vote of the members of the commission, an individual to serve as acting Architect until—
(1) the end of the absence or disability of the Architect or the Deputy Architect; or
(2) in the case of vacancies in both positions, an Architect has been appointed under section 1801a(a) of this title.
(c) Authority
An officer serving as acting Architect under subsection (a) or (b) shall perform all the duties and exercise all the authorities of the Architect, including the authority to delegate the duties and authorities of the Architect in accordance with section 1803 of this title.
(Pub. L. 118–31, div. E, title LVII, §5704, Dec. 22, 2023, 137 Stat. 961.)
Editorial Notes
Codification
Section is comprised of section 5704 of Pub. L. 118–31. Subsec. (d) of section 5704 of Pub. L. 118–31 repealed section 1804 of this title.
§1806. Repealed. Pub. L. 110–437, title II, §202(e)(2), Oct. 20, 2008, 122 Stat. 4987
Section, Pub. L. 110–28, title VI, §6701, May 25, 2007, 121 Stat. 182, related to Chief Executive Officer for Visitor Services.
§1807. Repealed. Pub. L. 110–437, title II, §204(b)(2), Oct. 20, 2008, 122 Stat. 4988
Section, Pub. L. 110–161, div. H, title I, §1309, Dec. 26, 2007, 121 Stat. 2244, related to Assistant to the Chief Executive Officer for Visitor Services.
§1808. Inspector General of the Architect of the Capitol
(a) Short title
This section may be cited as the "Architect of the Capitol Inspector General Act of 2007".
(b) Office of Inspector General
There is an Office of Inspector General within the Office of the Architect of the Capitol which is an independent objective office to—
(1) conduct and supervise audits and investigations relating to the Architect of the Capitol;
(2) provide leadership and coordination and recommend policies to promote economy, efficiency, and effectiveness; and
(3) provide a means of keeping the Architect of the Capitol and the Congress fully and currently informed about problems and deficiencies relating to the administration of programs and operations of the Architect of the Capitol.
(c) Appointment of Inspector General; supervision; removal; pay; limits on bonuses; counsel
(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 Publishing 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 or transfer
(A) In general
The Inspector General may be removed from office, or transferred to another position within, or another location of, the Office of the Architect of the Capitol, by the Architect of the Capitol.
(B) Notice
Not later than 30 days before the Architect of the Capitol removes or transfers the Inspector General under subparagraph (A), the Architect of the Capitol shall communicate in writing the reason for the removal or transfer to—
(i) the Committee on House Administration and the Committee on Appropriations of the House of Representatives; and
(ii) the Committee on Rules and Administration and the Committee on Appropriations of the Senate.
(C) Applicability
Nothing in this paragraph shall prohibit a personnel action (except for removal or transfer) that is otherwise authorized by law.
(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.
(4) No bonuses
The Inspector General may not receive any cash award or cash bonus, including a cash award under chapter 45 of title 5.
(5) Counsel
The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Office of the Architect of the Capitol, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.
(d) Duties, responsibilities, authority, and reports
(1) In general
Sections 404, 405 (other than subsections (b)(13) and (f)(1)(B) thereof), 406 (other than subsection (a)(7) and (8) thereof), and 407 of title 5 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
(A) In general
The Inspector General, in carrying out this section, is authorized, without the supervision or approval of any other employee, office, or other entity within the Office of the Architect of the Capitol, to select, appoint, and employ such officers and employees (including consultants) as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General subject to the provisions of law governing selections, appointments, and employment in the Office of the Architect of the Capitol.
(B) Security and suitability
Appointments under the authority under subparagraph (A) shall be made consistent with personnel security and suitability requirements.
(C) Consultants
Any appointment of a consultant under the authority under subparagraph (A) shall be made consistent with section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.).1
(3) Law enforcement authority
(A) In general
Subject to subparagraph (B), any supervisory special agent under the Inspector General and any special agent supervised by such a supervisory special agent is authorized to—
(i) make an arrest without a warrant while engaged in official duties as authorized under this section or any other statute for any offense against the United States committed in the presence of such supervisory special agent or special agent, or for any felony cognizable under the laws of the United States if such supervisory special agent or special agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony;
(ii) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed; and
(iii) carry a firearm while engaged in official duties as authorized under this section or any other statute.
(B) Requirements to exercise authority
(i) Required certification
(I) In general
In order to exercise the authority under subparagraph (A), a supervisory special agent or a special agent supervised by such a supervisory special agent shall certify that he or she—
(aa) is a citizen of the United States;
(bb) has successfully completed a basic law enforcement training program or military or other equivalent; and
(cc) is not prohibited from receiving a firearm under Federal law, including under section 922(g)(9) of title 18, because of a conviction of a misdemeanor crime of domestic violence.
(II) Additional requirements
After providing notice to the appropriate committees of Congress, the Inspector General may add requirements to the certification required under subclause (I), as determined appropriate by the Inspector General.
(ii) Maintenance of requirements
The Inspector General shall maintain firearms-related requirements (including quarterly firearms qualifications) and use of force training requirements that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in accordance with the Council of the Inspectors General on Integrity and Efficiency use of force policies, which incorporate Department of Justice guidelines.
(iii) Eligibility determination
(I) In general
The Inspector General shall—
(aa) determine whether an individual meets the requirements under this paragraph; and
(bb) revoke any authority granted to an individual under subparagraph (A) if the individual is not in compliance with the requirements of this paragraph.
(II) Reauthorization
The Inspector General may reauthorize an individual to exercise the authority granted under subparagraph (A) if the Inspector General determines the individual has achieved compliance with the requirements under this paragraph.
(III) Limitation on appeal
A revocation of the authority granted under subparagraph (A) shall not be subject to administrative, judicial, or other review, unless the revocation results in an adverse action. Such an adverse action may, at the election of the applicable individual, be reviewed in accordance with the otherwise applicable procedures.
(C) Semiannual certification of program
(i) In general
Before the first grant of authority under subparagraph (A), and semiannually thereafter as part of the report under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.),1 the Inspector General shall submit to the appropriate committees of Congress a written certification that adequate internal safeguards and management procedures exist that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in compliance with standards established by the Council of the Inspectors General on Integrity and Efficiency, which incorporate Department of Justice guidelines, to ensure proper exercise of the powers authorized under this paragraph.
(ii) Suspension of authority
The authority granted under this paragraph (including any grant of authority to an individual under subparagraph (A), without regard to whether the individual is in compliance with subparagraph (B)) may be suspended by the Inspector General if the Office of Inspector General fails to comply with the reporting and review requirements under clause (i) of this subparagraph or subparagraph (D). Any suspension of authority under this clause shall be reported to the appropriate committees of Congress.
(D) Peer review
To ensure the proper exercise of the law enforcement powers authorized under this paragraph, the Office of Inspector General shall submit to and participate in the external review process established by the Council of the Inspectors General on Integrity and Efficiency for ensuring that adequate internal safeguards and management procedures continue to exist. Under the review process, the exercise of the law enforcement powers by the Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the Inspector General, the Council of the Inspectors General on Integrity and Efficiency, and the appropriate committees of Congress.
(E) Alleged misconduct
Any allegation of misconduct by an individual granted authority under subparagraph (A) may be reviewed by the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency.
(F) Appropriate committees of Congress
In this paragraph, the term "appropriate committees of Congress" means—
(i) the Committee on Rules and Administration and the Committee on Appropriations of the Senate; and
(ii) the Committee on House Administration and the Committee on Appropriations of the House of Representatives.
(4) Budget independence
The Architect of the Capitol shall include the annual budget request of the Inspector General in the budget of the Office of the Architect of the Capitol without change.
(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).
(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) 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) 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, §1301, Dec. 26, 2007, 121 Stat. 2240; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 116–94, div. P, title XVI, §§1602(b), 1603(b), 1604(b), 1605(b), Dec. 20, 2019, 133 Stat. 3210, 3214, 3218, 3219; Pub. L. 117–286, §4(b)(3), Dec. 27, 2022, 136 Stat. 4342.)
Editorial Notes
References in Text
Sections 5 and 6(a)(8) of the Inspector General Act of 1978, referred to in subsec. (d)(2)(C), (3)(C)(i), are sections 5 and 6(a)(8) of Pub. L. 95–452, which were set out in the Appendix to Title 5, Government Organization and Employees, and were repealed and restated as sections 405 and 406(a)(8), respectively, of Title 5 by Pub. L. 117–286, §§3(b), 7, Dec. 27, 2022, 136 Stat. 4212, 4219, 4361.
Codification
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
Amendments
2022—Subsec. (d)(1). Pub. L. 117–286 substituted "Sections 404, 405 (other than subsections (b)(13) and (f)(1)(B) thereof), 406 (other than subsection (a)(7) and (8) thereof), and 407 of title 5" for "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.)" in introductory provisions.
2019—Subsec. (c). Pub. L. 116–94, §1602(b)(1), inserted "; pay; limits on bonuses; counsel" after "removal" in heading.
Subsec. (c)(2). Pub. L. 116–94, §1602(b)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "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."
Subsec. (c)(4), (5). Pub. L. 116–94, §1602(b)(3), added pars. (4) and (5).
Subsec. (d)(2). Pub. L. 116–94, §1605(b), designated existing provisions as subpar. (A), inserted subpar. heading and ", without the supervision or approval of any other employee, office, or other entity within the Office of the Architect of the Capitol," after "is authorized", and added subpars. (B) and (C).
Subsec. (d)(3). Pub. L. 116–94, §1603(b), added par. (3).
Subsec. (d)(4). Pub. L. 116–94, §1604(b), added par. (4).
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (c)(1)(A) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
1 See References in Text note below.
SUBCHAPTER II—GENERAL POWERS AND DUTIES
§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: 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, 19 Stat. 147; Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291; Pub. L. 118–31, div. E, title LVII, §5702(d)(2), Dec. 22, 2023, 137 Stat. 961.)
Editorial Notes
Codification
Section was classified to section 162 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is a composite of the acts of Aug. 15, 1876, and Feb. 14, 1902, cited in the credits.
Amendments
2023—Pub. L. 118–31 struck out ", and he shall be appointed by the President" after "Commissioner of Public Buildings and Grounds".
Statutory Notes and Related Subsidiaries
Change of Name
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
Effective Date of 2023 Amendment
Amendment by Pub. L. 118–31 applicable with respect to appointments made on or after Dec. 22, 2023, see section 1801a(e) of this title.
Transfer to Architect of the Capitol
Pub. L. 112–74, div. G, title I, §1202, Dec. 23, 2011, 125 Stat. 1129, provided that:
"(a)
"(b)
Acquisition of Property by Architect of the Capitol
Pub. L. 107–68, title I, §128, Nov. 12, 2001, 115 Stat. 579, provided that: "Notwithstanding any other provision of law and subject to the availability of appropriations, the Architect of the Capitol is authorized to secure, through multi-year rental, lease, or other appropriate agreement, the property located at 67 K Street, S.W., Washington, D.C., for use of Legislative Branch agencies, and to incur any necessary incidental expenses including maintenance, alterations, and repairs in connection therewith: Provided, That in connection with the property referred to under the preceding proviso, the Architect of the Capitol is authorized to expend funds appropriated to the Architect of the Capitol for the purpose of the operations and support of Legislative Branch agencies, including the United States Capitol Police, as may be required for that purpose."
§1812. Care and superintendence of Capitol
The Architect of the Capitol shall on and after March 3, 1977, have the care and superintendence of the Capitol, including lighting. His office shall be in the Capitol Building.
(Aug. 15, 1876, ch. 287, 19 Stat. 147; Mar. 3, 1877, ch. 102, 19 Stat. 298; Oct. 31, 1951, ch. 654, §3(14), 65 Stat. 708.)
Editorial Notes
Codification
Section was classified to section 163 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
The first sentence of this section is from act Mar. 3, 1877. The second sentence of this section is from act Aug. 15, 1876, popularly known as the "Sundry Civil Appropriation Act".
Prior Provisions
Provisions similar to those comprising the first sentence of this section were contained in act Aug. 15, 1876, ch. 287, 19 Stat. 147.
Amendments
1951—Act Oct. 31, 1951, struck out ", and shall submit through the Secretary of the Interior estimates thereof" at end of first sentence.
Statutory Notes and Related Subsidiaries
Change of Name
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
§1813. Exterior of Capitol
On and after July 7, 1884, 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.)
Editorial Notes
References in Text
The Architect, referred to in text, means the Architect of the Capitol.
Codification
Section was classified to section 163a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is from the Sundry Civil Appropriation Act July 7, 1884, fiscal year 1885.
§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. §1816; Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291; Oct. 31, 1951, ch. 654, §3(15), 65 Stat. 708.)
Editorial Notes
Codification
Section was classified to section 166 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
R.S. §1816 derived from Res. Apr. 16, 1862, No. 28, 12 Stat. 617; acts Mar. 30, 1867, ch. 24, §2, 15 Stat. 13; July 20, 1868, ch. 177, §1, 15 Stat. 115; Mar. 3, 1869, ch. 121, §1, 15 Stat. 283, 284; Mar. 3, 1871, ch. 114, §1, 16 Stat. 500; Aug. 15, 1876, ch. 287, 19 Stat. 147.
Provision of R.S. §1816 relating to purchase of furniture or carpets for House or Senate is classified to section 2184 of this title.
Amendments
1951—Act Oct. 31, 1951, struck out requirement that such improvements, etc., should be paid for by Secretary of the Interior out of appropriations for Capitol extension, and from no other appropriation.
Statutory Notes and Related Subsidiaries
Change of Name
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
Conditions for Use of Certain Telecommunications Systems and Services by Agency of Legislative Branch
Pub. L. 101–520, title III, §306, Nov. 5, 1990, 104 Stat. 2277, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that:
"(a) Hereafter, notwithstanding any other provision of law, any agency of the legislative branch is authorized to use telecommunications systems and services provided by the Architect of the Capitol or the House of Representatives or the Senate under the approved plan required by section 305 of Public Law 100–202 (101 Stat. 1329–308) [see source credits following note below] if such systems and services—
"(1) have been acquired competitively; and
"(2) in the case of long distance service, have been determined by the Architect of the Capitol to be at least equal in quality to, and not greater in cost than, the systems and services available under the procurement conducted by the Administrator of General Services known as 'FTS2000'.
"(b) As used in this section, the term 'agency of the legislative branch' means the office of the Architect of the Capitol, the Botanic Garden, the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office."
Similar provisions were contained in the following prior appropriations acts:
Pub. L. 101–163, title III, §306, Nov. 21, 1989, 103 Stat. 1064.
Pub. L. 100–458, title III, §307B, Oct. 1, 1988, 102 Stat. 2183.
Development of Overall Plan for Satisfying Telecommunications Requirements of Agencies of Legislative Branch
Pub. L. 102–392, title III, §305, Oct. 6, 1992, 106 Stat. 1721, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that:
"(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 Government Accountability Office, the Government Publishing 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."
Similar provisions were contained in the following prior appropriations acts:
Pub. L. 102–90, title III, §305, Aug. 14, 1991, 105 Stat. 466.
Pub. L. 101–520, title III, §305, Nov. 5, 1990, 104 Stat. 2276.
Pub. L. 101–163, title III, §305, Nov. 21, 1989, 103 Stat. 1063.
Pub. L. 100–458, title III, §305, Oct. 1, 1988, 102 Stat. 2182.
Pub. L. 100–202, §101(i) [title III, §305], Dec. 22, 1987, 101 Stat. 1329–290, 1329-308.
Pub. L. 99–500, §101(j) [H.R. 5203, title III, §305], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j) [H.R. 5203, title III, §305], Oct. 30, 1986, 100 Stat. 3341–287.
§1815. Repealed. Pub. L. 109–58, title I, §101(c), Aug. 8, 2005, 119 Stat. 606
Section, Pub. L. 105–275, title III, §310, Oct. 21, 1998, 112 Stat. 2456, related to energy conservation and management.
Editorial Notes
Codification
Section was classified to section 166i of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§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) 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) shall be equal to the product of—
(1) the daily liquidated damage payment rate; and
(2) the number of days by which the completion of the project is delayed.
(c) Daily liquidated damage payment rate
(1) In general
In subsection (b), 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, §130, Nov. 12, 2001, 115 Stat. 580.)
Editorial Notes
Codification
Section was classified to section 166j of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§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 3309 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 an 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, §1308, Dec. 26, 2007, 121 Stat. 2244.)
Editorial Notes
Codification
In subsec. (a), "section 3309 of title 41" substituted for "section 303M of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253m)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
§1816b. 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 6101 of title 41.
(Pub. L. 96–558, Dec. 19, 1980, 94 Stat. 3263.)
Editorial Notes
Codification
In text, "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Section was classified to section 6a–2 of former Title 41, prior to the enactment of Title 41, Public Contracts, by Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3677.
Statutory Notes and Related Subsidiaries
Authorizing Payments Under Service Contracts During the Coronavirus Emergency
Pub. L. 116–136, div. B, title IX, §19005, Mar. 27, 2020, 134 Stat. 578, as amended by Pub. L. 116–159, div. A, §159(3), Oct. 1, 2020, 134 Stat. 722, provided that:
"(a)
"(b)
"(c)
[For definition of "coronavirus" as used in section 19005 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of this title.]
§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, ch. 182, §11, 37 Stat. 184; Mar. 3, 1921, ch. 124, 41 Stat. 1291; May 29, 1928, ch. 901, §1(120), 45 Stat. 995; Oct. 31, 1951, ch. 654, §3(17), 65 Stat. 708.)
Editorial Notes
Codification
Section was classified to section 171 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is based on section 11 of act June 26, 1912, popularly known as the "District of Columbia Appropriation Act June 26, 1912, fiscal year 1913".
Prior Provisions
Act Mar. 2, 1911, ch. 192, §9, 36 Stat. 1011.
Amendments
1951—Act Oct. 31, 1951, struck out "with the approval of the Secretary of the Interior," after "whenever,".
1928—Act May 29, 1928, struck out provision that required a transfer statement to be submitted in the annual report to Congress by the Superintendent of the Capitol Building and Grounds.
Statutory Notes and Related Subsidiaries
Change of Name
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
§1817a. Disposition of surplus or obsolete personal property
(a) In general
The Architect of the Capitol shall have the authority, within the limits of available appropriations, to dispose of surplus or obsolete personal property by inter-agency transfer, donation, sale, trade-in, or discarding. Amounts received for the sale or trade-in of personal property shall be credited to funds available for the operations of the Architect of the Capitol and be available for the costs of acquiring the same or similar property. Such funds shall be available for such purposes during the fiscal year received and the following fiscal year.
(b) Effective date
This section shall apply with respect to fiscal year 2010, and each fiscal year thereafter.
(Pub. L. 111–68, div. A, title I, §1301, Oct. 1, 2009, 123 Stat. 2034.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2010, which is div. A of Pub. L. 111–68.
§1818. Rental or lease of storage space
Notwithstanding any other provision of law, the Architect of the Capitol, with the approval of the House Office Building Commission and Senate Committee on Rules and Administration, is authorized to secure, through rental, lease, or other appropriate agreement, storage space in areas within the District of Columbia and its environs beyond the boundaries of the United States Capitol Grounds for use of the United States Senate, the United States House of Representatives, and the Office of the Architect of the Capitol, under such terms and conditions as such Commission and committee may authorize, and to incur any necessary incidental expenses in connection therewith.
(Pub. L. 93–180, §1, Dec. 13, 1973, 87 Stat. 704.)
Editorial Notes
Codification
Section was classified to section 166d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§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) 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) 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) Lease of buildings and facilities
In the case of a building or facility acquired through purchase pursuant to subsection (a), 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).
(e) Effective date
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
(Pub. L. 107–206, title I, §905, Aug. 2, 2002, 116 Stat. 877; Pub. L. 109–55, title I, §1202(a), Aug. 2, 2005, 119 Stat. 579.)
Editorial Notes
References in Text
Sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40, referred to in subsec. (c), was in the original a reference to the Act entitled "An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes", approved July 31, 1946, which is act July 31, 1946, ch. 707, 60 Stat. 718. Sections 9, 9A, 9B, 9C, and 14 of the Act are classified, respectively, to sections 1961, 1966, 1967, 1922, and 1969 of this title, and section 16(b) of the Act is set out as a note under section 1961 of this title. Sections 1 to 8, 10 to 13, and 16(a) of the Act, which were classified to sections 193a to 193m of former Title 40, Public Buildings, Property, and Works, were repealed and reenacted as sections 5101 to 5107 and 5109 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1312, the first section of which enacted Title 40. Section 5(c) of Pub. L. 107–217, set out as a note preceding section 101 of Title 40, provides that a reference to a law replaced by section 1 of Pub. L. 107–217 is deemed to refer to the corresponding provision enacted by Pub. L. 107–217. For complete classification of the act of July 31, 1946, to the Code, see Tables. For disposition of sections of former Title 40, see table at the beginning of Title 40.
Codification
Section was classified to section 166k of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Amendments
2005—Subsecs. (d), (e). Pub. L. 109–55 added subsec. (d) and redesignated former subsec. (d) as (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Pub. L. 109–55, title I, §1202(b), Aug. 2, 2005, 119 Stat. 579, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to leases entered into on or after the date of the enactment of this Act [Aug. 2, 2005]."
§1820. Acquisition of real property for Capitol Police
(a) Authority for acquisition
Subject to the approval of the House Office Building Commission and the Senate Committee on Rules and Administration, the Architect of the Capitol is authorized to acquire (through purchase, lease, transfer from another Federal entity, or otherwise) real property, subject to the availability of appropriations and upon approval of an obligation plan by the Committees on Appropriations of the House and Senate, for the use of the United States Capitol Police.
(b) United States Capitol grounds provisions applicable
Any real property acquired by the Architect of the Capitol pursuant to subsection (a) 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, §907, Aug. 2, 2002, 116 Stat. 877.)
Editorial Notes
References in Text
Sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40, referred to in subsec. (b), was in the original a reference to the Act entitled "An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes", approved July 31, 1946, which is act July 31, 1946, ch. 707, 60 Stat. 718. Sections 9, 9A, 9B, 9C, and 14 of the Act are classified, respectively, to sections 1961, 1966, 1967, 1922, and 1969 of this title, and section 16(b) of the Act is set out as a note under section 1961 of this title. Sections 1 to 8, 10 to 13, and 16(a) of the Act, which were classified to sections 193a to 193m of former Title 40, Public Buildings, Property, and Works, were repealed and reenacted as sections 5101 to 5107 and 5109 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1312, the first section of which enacted Title 40. Section 5(c) of Pub. L. 107–217, set out as a note preceding section 101 of Title 40, provides that a reference to a law replaced by section 1 of Pub. L. 107–217 is deemed to refer to the corresponding provision enacted by Pub. L. 107–217. For complete classification of the act of July 31, 1946, to the Code, see Tables. For disposition of sections of former Title 40, see table at the beginning of Title 40.
Codification
Section was classified to section 166m of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Statutory Notes and Related Subsidiaries
Acquisition of Property by Architect of the Capitol
Pub. L. 108–199, div. H, §152, Jan. 23, 2004, 118 Stat. 448, provided that:
"(a) Notwithstanding section 907(a) of Public Law 107–206 (116 Stat. 977) [2 U.S.C. 1820(a)] or section 1102 of the Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1822(b)), the Architect of the Capitol, at any time after the date of the enactment of this Act [Jan. 23, 2004] and subject to the availability of appropriations, may enter into an agreement to acquire by lease any portion of the real property located at 499 South Capitol Street Southwest in the District of Columbia for the use of the United States Capitol Police.
"(b) Any real property acquired by the Architect of the Capitol pursuant to subsection (a) shall be subject to the provisions of the Act entitled 'An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes', approved July 31, 1946 [2 U.S.C. 1922, 1961, 1966, 1967, 1969, see References in Text note above]."
§1821. Small purchase contracting authority
(a) In general
To promote efficiency and economy in contracting and to avoid unnecessary burdens, the Architect of the Capitol is granted authority to utilize special simplified procedures for purchases of property and services the aggregate amount of which does not exceed $250,000. Notwithstanding any other provision of law—
(1) section 6101 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, §1201, Feb. 20, 2003, 117 Stat. 372; Pub. L. 115–244, div. B, title I, §133(a), Sept. 21, 2018, 132 Stat. 2936.)
Editorial Notes
Codification
In subsec. (a)(1), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.
Prior Provisions
Prior similar provisions were contained in Pub. L. 107–68, title I, §131, Nov. 12, 2001, 115 Stat. 581.
Amendments
2018—Subsec. (a). Pub. L. 115–244, which directed amendment of "2 U.S.C. 1821" by inserting "To promote efficiency and economy in contracting and to avoid unnecessary burdens, the Architect of the Capitol is granted authority to utilize special simplified procedures for purchases of property and services the aggregate amount of which does not exceed $250,000." before "Notwithstanding any other provision of law—", was executed by making the insertion in subsec. (a) of section 1201 of Pub. L. 108–7, div. H, title I, which is classified to this section, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–244, div. B, title I, §133(b), Sept. 21, 2018, 132 Stat. 2936, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2019 and each succeeding fiscal year."
§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) 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) upon submission of written notice of intent to lease such space to, and approved by—
(1) the Committees on Appropriations and Rules and Administration of the Senate for space to be leased for the Senate;
(2) the Committee on Appropriations of the House of Representatives and the House Office Building Commission for space to be leased for the House of Representatives; and
(3) the Committees on Appropriations of the Senate and House of Representatives, for space to be leased for any other entity under subsection (a).
(c) Effective date
This section shall apply with respect to fiscal year 2004, and each fiscal year thereafter.
(Pub. L. 108–83, title I, §1102, Sept. 30, 2003, 117 Stat. 1027; Pub. L. 110–161, div. H, title I, §1306(a), Dec. 26, 2007, 121 Stat. 2243.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2004.
Amendments
2007—Subsec. (b)(1). Pub. L. 110–161, §1306(a)(1), substituted "Committees on Appropriations and Rules and Administration" for "Committee on Rules and Administration".
Subsec. (b)(2). Pub. L. 110–161, §1306(a)(2), substituted "the Committee on Appropriations of the House of Representatives and the House Office Building Commission" for "the House Office Building Commission".
Subsec. (b)(3). Pub. L. 110–161, §1306(a)(3), substituted ", for space to be leased for any other entity under subsection (a)." for period at end.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Pub. L. 110–161, div. H, title I, §1306(b), Dec. 26, 2007, 121 Stat. 2243, provided that: "The amendments made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2004 [Pub. L. 108–83]."
§1823. Acquisition of real property for Sergeant at Arms and Doorkeeper of the Senate
(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—
(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, §20701(b), as added Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 37.)
Editorial Notes
Codification
Section is from the Continuing Appropriations Resolution, 2007.
§1823a. Acquisition of real property for Library of Congress
(a) Permitting leasing of space
Subject to the availability of funds, the Architect of the Capitol may acquire real property by lease for the use of the Library of Congress in any State or the District of Columbia if—
(1) the Architect of the Capitol and the Librarian of Congress submit a joint request for the Architect to lease the property to the Joint Committee on the Library and to the Committees on Appropriations of the House of Representatives and Senate; and
(2) the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate each approve the request.
(b) Transfer of funds
Subject to the approval of the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and the Senate, the Architect of the Capitol and the Librarian of Congress may transfer between themselves appropriations or other available funds to pay the costs incurred in acquiring real property pursuant to the authority of this section and the costs of necessary expenses incurred in connection with the acquisition of the property.
(c) Limit on obligations
No obligation entered into pursuant to the authority of this section shall be in advance of, or in excess of, available appropriations.
(d) Effective date
This section shall apply with respect to fiscal year 2009 and each succeeding fiscal year.
(Pub. L. 111–8, div. G, title I, §1102, Mar. 11, 2009, 123 Stat. 823.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2009, which is div. G of the Omnibus Appropriations Act, 2009.
§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).
(Pub. L. 110–140, title V, §503, Dec. 19, 2007, 121 Stat. 1655.)
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 110–140, title XVI, §1601, Dec. 19, 2007, 121 Stat. 1801, provided that: "This Act [see Tables for classification] and the amendments made by this Act take effect on the date that is 1 day after the date of enactment of this Act [Dec. 19, 2007]."
§1824a. Recyclable materials
(a) Collection and sale of recyclable materials
(1) Establishment of program
The Architect of the Capitol shall establish a program for the collection and sale of recyclable materials collected from or on the Capitol buildings and grounds, in accordance with the procedures applicable under subchapter III of chapter 5 of subtitle I of title 40, to the sale of surplus property by an executive agency.
(2) Exclusion of materials subject to other programs
The program established under this section shall not apply with respect to any materials which are subject to collection and sale under—
(A) section 6516 of this title;
(B) section 5540 of this title;
(C) section 2026 of this title; or
(D) any other authorized program for the collection and sale of recyclable materials.
(b) Revolving fund
(1) In general
There is established in the Treasury a revolving fund for the Office of the Architect of the Capitol, which shall consist of—
(A) proceeds from the sale of recyclable materials under the program established under this section; and
(B) such amounts as may be appropriated under law.
(2) Use of fund
Amounts in the revolving fund established under paragraph (1) shall be available without fiscal year limitation to the Architect of the Capitol, subject to the Architect providing prior notice to the Committees on Appropriations of the House of Representatives and Senate—
(A) to carry out the program established under this section;
(B) to carry out authorized programs and activities of the Architect to improve the environment; and
(C) to carry out authorized programs and activities of the Architect to promote energy savings.
(c) Effective date
This section shall apply with respect to fiscal year 2009 and each fiscal year thereafter.
(Pub. L. 111–8, div. G, title I, §1101, Mar. 11, 2009, 123 Stat. 822; Pub. L. 113–76, div. I, title I, §1303, Jan. 17, 2014, 128 Stat. 429.)
Editorial Notes
Codification
Section was formerly classified as a note under section 1811 of this title.
Amendments
2014—Subsec. (c). Pub. L. 113–76 substituted "fiscal year 2009 and each fiscal year thereafter" for "each of the fiscal years 2009 through 2013".
§1825. Repealed. Pub. L. 110–437, title V, §501(b)(2), Oct. 20, 2008, 122 Stat. 4997
Section, Pub. L. 110–161, div. H, title I, §1305, Dec. 26, 2007, 121 Stat. 2242, related to CVC maintenance.
§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), 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) upon submission of written notice of intent to grant that easement and the amount or type of consideration to be received, and approval by—
(1) the Committee on Rules and Administration of the Senate for easements granted on property under Senate jurisdiction;
(2) the House Office Building Commission for property under House of Representatives jurisdiction; and
(3) the Committee on Rules and Administration of the Senate and the House Office Building Commission for easements granted on any other property.
(g) Effective date
This section shall apply to fiscal year 2008 and each fiscal year thereafter.
(Pub. L. 110–161, div. H, title I, §1307, Dec. 26, 2007, 121 Stat. 2243.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
§1827. Support and maintenance during emergencies
(a) During an emergency involving the safety of human life or the protection of property, as determined or declared by the Capitol Police Board, the Architect of the Capitol—
(1) may accept contributions of comfort and other incidental items and services to support employees of the Office of the Architect of the Capitol while such employees are on duty in response to the emergency; and
(2) may incur obligations and make expenditures out of available appropriations for meals, refreshments, and other support and maintenance for the Office of the Architect of the Capitol if, in the judgment of the Architect, such obligations and expenditures are necessary to respond to the emergency.
(b) This section shall apply with respect to fiscal year 2010 and each succeeding fiscal year.
(Pub. L. 111–68, div. A, title I, §1305, Oct. 1, 2009, 123 Stat. 2035.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2010, which is div. A of Pub. L. 111–68.
SUBCHAPTER III—PERSONNEL
Part A—General
§1831. Human resources program
(a) Short title
This section may be cited as the "Architect of the Capitol Human Resources Act".
(b) Finding and purpose
(1) Finding
The Congress finds that the Office of the Architect of the Capitol should develop human resources management programs that are consistent with the practices common among other Federal and private sector organizations.
(2) Purpose
It is the purpose of this section to require the Architect of the Capitol to establish and maintain a personnel management system that incorporates fundamental principles that exist in other modern personnel systems.
(c) Personnel management system
(1) Establishment
The Architect of the Capitol shall establish and maintain a personnel management system.
(2) Requirements
The personnel management system shall at a minimum include the following:
(A) A system which ensures that applicants for employment and employees of the Architect of the Capitol are appointed, promoted, and assigned on the basis of merit and fitness after fair and equitable consideration of all applicants and employees through open competition.
(B) An equal employment opportunity program which includes an affirmative employment program for employees and applicants for employment, and procedures for monitoring progress by the Architect of the Capitol in ensuring a workforce reflective of the diverse labor force.
(C) A system for the classification of positions which takes into account the difficulty, responsibility, and qualification requirements of the work performed, and which conforms to the principle of equal pay for substantially equal work.
(D) A program for the training of Architect of the Capitol employees which has among its goals improved employee performance and opportunities for employee advancement.
(E) A formal performance appraisal system which will permit the accurate evaluation of job performance on the basis of objective criteria for all Architect of the Capitol employees.
(F) A fair and equitable system to address unacceptable conduct and performance by Architect of the Capitol employees, including a general statement of violations, sanctions, and procedures which shall be made known to all employees, and a formal grievance procedure.
(G) A program to provide services to deal with mental health, alcohol abuse, drug abuse, and other employee problems, and which ensures employee confidentiality.
(H) A formal policy statement regarding the use and accrual of sick and annual leave which shall be made known to all employees, and which is consistent with the other requirements of this section.
(d) Implementation of personnel management system
(1) Development of plan
The Architect of the Capitol shall—
(A) develop a plan for the establishment and maintenance of a personnel management system designed to achieve the requirements of subsection (c);
(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) 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, §312, July 22, 1994, 108 Stat. 1443; Pub. L. 104–1, title V, §504(c)(1), Jan. 23, 1995, 109 Stat. 41.)
Editorial Notes
Codification
Section was classified to section 166b–7 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
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 this title.
Amendments
1995—Subsec. (e). Pub. L. 104–1 struck out subsec. (e) which related to processing of discrimination complaints.
Statutory Notes and Related Subsidiaries
Savings Provision
Pub. L. 104–1, title V, §504(c)(1), Jan. 23, 1995, 109 Stat. 41, provided in part that subsec. (e) of this section is repealed, except as provided in section 1435 of this title.
Flexible Work Schedules
Pub. L. 110–161, div. H, title I, §1302, Dec. 26, 2007, 121 Stat. 2242, as amended by Pub. L. 110–437, §505(a), Oct. 20, 2008, 122 Stat. 4998, provided authority, through Sept. 30, 2010, to the Architect of the Capitol to establish and conduct a pilot program to test flexible work schedules within the Architect of the Capitol and Botanic Garden in accordance with chapter 61 of Title 5, United States Code.
Temporary Employees; Benefits
Pub. L. 108–83, title I, §1101(b)–(d), Sept. 30, 2003, 117 Stat. 1027, provided that:
"(b) Any individual who exercised an option offered by the Architect of the Capitol under section 133(a)(2) of the Legislative Branch Appropriations Act, 2002 [Pub. L. 107–68, set out below], prior to the date of the enactment of this Act [Sept. 30, 2003] may revoke the option during the 90-day period which begins on the date of the enactment of this Act.
"(c) The amendments made by subsection (a) [amending Pub. L. 107–68, §133(a), set out below] shall take effect as if included in the enactment of section 133(a) of the Legislative Branch Appropriations Act, 2002.
"(d) Notwithstanding any other provision of law, upon enactment of this Act the Architect of the Capitol shall take all steps which may be required to carry out section 133(a) of the Legislative Branch Appropriations Act, 2002 [Pub. L. 107–68, set out as a note below]."
Pub. L. 107–68, title I, §133(a), Nov. 12, 2001, 115 Stat. 581, as amended by Pub. L. 108–83, title I, §1101(a), Sept. 30, 2003, 117 Stat. 1027, provided that:
"(1) Except as provided in paragraph (2), none of the funds provided by this Act or any other Act may be used by the Architect of the Capitol after the expiration of the 90-day period which begins on the date of the enactment of this Act [Nov. 12, 2001] to employ any individual as a temporary employee within a category of temporary employment which does not provide employees with the same eligibility for life insurance, health insurance, retirement, and other benefits which is provided to temporary employees who are hired for a period exceeding 1 year in length.
"(2) Paragraph (1) shall not apply with respect to any of the following individuals:
"(A) An individual who is employed under the Architect of the Capitol Summer Employment Program.
"(B) An individual who is hired for a total of 120 days or less during any 5-year period (excluding any days in which the individual is employed under the Architect of the Capitol Summer Employment Program).
"(C) An individual employed by the Architect of the Capitol as a temporary employee as of the date of the enactment of this Act [Nov. 12, 2001] who exercises in writing, not later than 90 days after such date, an option offered by the Architect to remain under the pay system (including benefits) provided for the individual as of such date.
"(D) An individual who becomes employed by the Architect of the Capitol after the date of the enactment of this Act [Nov. 12, 2001] who exercises in writing, prior to the individual's employment, an option offered by the Architect to receive pay and benefits under an alternative system which does not provide the benefits described in paragraph (1), except that under such an option the Architect shall be required to provide the individual with the benefits described in paragraph (1) as soon as the individual's period of service as a temporary employee exceeds 1 year in length.
"(E) An individual who is covered by a collective bargaining agreement entered into by the Architect of the Capitol establishing terms and conditions of employment which include eligibility for life insurance, health insurance, retirement, and other benefits.
"(3) Nothing in this subsection may be construed to require the Architect of the Capitol to provide duplicative benefits for any employee.
"(4) The Architect of the Capitol shall make employer contributions for benefits for employees of the Architect (including temporary employees) directly to any third party designated to receive such contributions on behalf of the employees under a collective bargaining agreement, participation agreement, or any other arrangement entered into by the Architect which provides for such contributions."
Treatment of Separated Employees of Architect of Capitol
Pub. L. 105–55, title III, §310, Oct. 7, 1997, 111 Stat. 1199, as amended by Pub. L. 105–275, title III, §308(b)–(d), Oct. 21, 1998, 112 Stat. 2452, 2453; Pub. L. 106–57, title III, §308, Sept. 29, 1999, 113 Stat. 427, provided early retirement benefits, voluntary separation incentive payments, competitive service treatment, and retraining, job placement, and counseling services to certain employees of the Office of the Architect of the Capitol.
§1832. Assignment and reassignment of personnel
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 on and after October 12, 1979, 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. 96–86, §101(c), Oct. 12, 1979, 93 Stat. 657; Pub. L. 100–202, §106, Dec. 22, 1987, 101 Stat. 1329–433.)
Editorial Notes
Codification
Section was classified to section 166b–6 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is based on section 102 of title I of H.R. 4390 (Legislative Branch Appropriation Act, 1980), as incorporated by reference by section 101(c) of Pub. L. 96–86, and enacted into law by section 106 of Pub. L. 100–202.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 100–202, §106, Dec. 22, 1987, 101 Stat. 1329–433, provided in part that this section is effective on date of enactment [Oct. 12, 1979] of the "pertinent joint resolution" making continuing appropriations for fiscal year 1980 [Pub. L. 96–86].
§1833. Lighting, heating, and ventilating House of Representatives
The electrician, together with everything pertaining to the electrical machinery and apparatus, and the ventilation and heating of the House of Representatives, and all laborers and others connected with the lighting, heating, and ventilating thereof, shall be subject exclusively to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval. And all engineers and others who are engaged in heating and ventilating the House shall be subject to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval.
(Mar. 3, 1877, ch. 105, 19 Stat. 348; Mar. 3, 1881, ch. 130, §1, 21 Stat. 388.)
Editorial Notes
Codification
Section was classified to section 167 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section, except the words "and the ventilation and heating of the House of Representatives," is based on act Mar. 3, 1881, popularly known as the "Legislative, Executive, and Judicial Appropriation Act". The excepted words were based on act Mar. 3, 1877, popularly known as the "Sundry Civil Appropriation Act, fiscal year 1878".
Statutory Notes and Related Subsidiaries
Change of Name
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
§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, 25 Stat. 258; Aug. 2, 1946, ch. 753, title I, §102, title II, §224, 60 Stat. 814, 838.)
Editorial Notes
Codification
Section was classified to section 168 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is based on act July 11, 1888, popularly known as the "Legislative, Executive, and Judicial Appropriation Act July 11, 1888, fiscal year 1889".
Amendments
1946—Act Aug. 2, 1946, substituted "Committee on Rules and Administration" for "Committee on Rules".
Statutory Notes and Related Subsidiaries
Effective Date of 1946 Amendment
Act Aug. 2, 1946, ch. 753, title I, §142, 60 Stat. 834, provided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of title II of that act, 60 Stat. 839, provided that section 224 thereof shall "take effect on the day on which the Eightieth Congress convenes". The Eightieth Congress convened on Jan. 3, 1947.
§1835. Interagency details
(a) Authorizing details of employees under joint agency agreements
In addition to any other authority relating to the detail of employees, the Architect of the Capitol and the head of any other department, agency, or instrumentality of the United States Government may enter into a joint agency agreement under which—
(1) employees of the Office of the Architect of the Capitol (including employees of the United States Botanic Garden) may be detailed to such department, agency, or instrumentality on a reimbursable or non-reimbursable basis; and
(2) employees of such department, agency, or instrumentality may be detailed to the Office of the Architect of the Capitol on a reimbursable or non-reimbursable basis.
(b) Duration
The detail of an employee under a joint agency agreement under this section shall be for such duration as may be provided in the agreement, except that in the case of a detail made on a non-reimbursable basis, the duration of the detail may not exceed one year unless the Architect of the Capitol and the head of the department, agency, or instrumentality involved each determine that an extension of the detail of the employee is in the public interest.
(c) No effect on appropriations of recipient of non-reimbursable detail
For purposes of any law, rule, or regulation, the detail of an employee on a non-reimbursable basis under a joint agency agreement under this section for a fiscal year shall not be treated as an increase or modification of the appropriation for the fiscal year of the office to whom the employee is detailed.
(d) Effective date
This section shall apply with respect to fiscal year 2019 and each succeeding fiscal year.
(Pub. L. 115–244, div. B, title I, §134, Sept. 21, 2018, 132 Stat. 2936.)
Part B—Compensation
§1841. Single per annum gross rates of pay
Whenever the rate of pay of—
(1) an employee of the Office of the 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.
(Pub. L. 91–510, title IV, §481, Oct. 26, 1970, 84 Stat. 1196.)
Editorial Notes
References in Text
The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
Codification
Section was classified to section 166b–1a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§1842. Conversion of existing pay rates
The Architect of the Capitol shall convert, as of the effective date of this section, to a single per annum gross rate, the rate of pay of each employee described in subparagraph (1) or subparagraph (2) of section 1841 of this title, whose pay immediately prior to such effective date was fixed at a basic rate with respect to which additional pay was payable by law.
(Pub. L. 91–510, title IV, §482, Oct. 26, 1970, 84 Stat. 1196.)
Editorial Notes
References in Text
The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
Codification
Section was classified to section 166b–1b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§1843. Obsolete references
In any case in which—
(1) the rate of pay of, or any maximum or minimum rate of pay with respect to—
(A) any employee described in subparagraph (1) or subparagraph (2) of section 1841 of this title, or
(B) the position of such employee, or
(C) any class or group of such employees or positions,
is referred to in or provided by statute or other authority; and
(2) the rate so referred to or provided is a basic rate with respect to which additional pay is provided by law;
such statutory provision or authority 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 the effective date of this section would receive, without regard to such statutory provision or authority, under section 1842 of this title on and after such date.
(Pub. L. 91–510, title IV, §483, Oct. 26, 1970, 84 Stat. 1196.)
Editorial Notes
References in Text
The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
Codification
Section was classified to section 166b–1c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§1844. Savings provisions
The provisions of sections 1841 to 1846 of this title shall not be construed to—
(1) limit or otherwise affect any authority for the making of any appointment to, or for fixing or adjusting the pay for, the position of any employee described in subparagraph (1) or subparagraph (2) of section 1841 of this title;
(2) affect the continuity of employment of, or reduce the pay of, any employee holding any position referred to in subparagraph (1) of this section; or
(3) modify, change, supersede, or otherwise affect the provisions of sections 5504 and 6101(a)(5) of title 5, insofar as such sections relate to the Office of the Architect of the Capitol.
(Pub. L. 91–510, title IV, §484, Oct. 26, 1970, 84 Stat. 1197.)
Editorial Notes
Codification
Section was classified to section 166b–1d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
§1845. Effect on existing law
(a) All provisions of law inconsistent with sections 1841 to 1846 of this title are hereby superseded to the extent of the inconsistency.
(b) Sections 5504 and 6101(a)(5) of title 5 shall apply to employees of the House and Senate Restaurants who are paid at per annum rates of pay as long as such employees are under the supervision of the Architect of the Capitol as an agent of the House or Senate, respectively, as the case may be.
(Pub. L. 91–510, title IV, §485, Oct. 26, 1970, 84 Stat. 1197.)
Editorial Notes
Codification
Section was classified to section 166b–1e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
§1846. Exemptions
Notwithstanding any other provision of sections 1841 to 1846 of this title, the foregoing provisions of such sections do not apply to any employee described in section 1841 of this title whose pay is fixed and adjusted—
(1) in accordance with chapter 51, and subchapter III of chapter 53, of title 5, relating to classification and General Schedule pay rates;
(2) in accordance with subchapter IV of chapter 53 of title 5, relating to prevailing rate pay systems;
(3) at per hour or per diem rates in accordance with section 3 of the Legislative Pay Act of 1929, as amended (46 Stat. 38; 55 Stat. 615), relating to employees performing professional and technical services for the Architect of the Capitol in connection with construction projects and employees under the Office of the Architect of the Capitol whose tenure of employment is temporary or of uncertain duration; or
(4) in accordance with prevailing rates under authority of sections 2042 to 2047 of this title, or section 208 of the First Supplemental Civil Functions Appropriation Act, 1941 (54 Stat. 1056; Public, No. 812, Seventy-sixth Congress), relating to the duties of the Architect of the Capitol with respect to the House of Representatives Restaurant.
(Pub. L. 91–510, title IV, §486, Oct. 26, 1970, 84 Stat. 1197.)
Editorial Notes
References in Text
Section 3 of the Legislative Pay Act of 1929, referred to in par. (3), amended section 2 of the Classification Act of 1923, which was classified to section 662 of former Title 5, Executive Departments and Government Officers and Employees. The Classification Act of 1923 was repealed and superseded by the Classification Act of 1949, Oct. 28, 1949, ch. 782, 63 Stat. 954, 972. The amendment of section 3 of the Legislative Pay Act of 1929 made by act Aug. 1, 1941, §6, 55 Stat. 615, was not repealed by the Classification Act of 1949. See section 1202(7), 63 Stat. 973.
Section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, referred to in par. (4), means section 208 of act Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056, which was classified to section 174k of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 104–186, title II, §221(3)(B), Aug. 20, 1996, 110 Stat. 1748.
Codification
Section was classified to section 166b–1f of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
§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, §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, §106(c), Nov. 21, 1989, 103 Stat. 1056.)
Editorial Notes
Codification
Section was classified to section 166b–3 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
"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, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Amendments
1989—Pub. L. 101–163 substituted "four positions" for "three positions" and "Architect or Assistant Architect" for "Architect, Assistant Architect, or Second Assistant Architect of the Capitol".
1975—Pub. L. 94–157 increased to two positions from one position the number of positions under the appropriation "Capitol Buildings".
1968—Pub. L. 90–239 increased the compensation of one position under appropriation "Senate Office Buildings" from "$7,700" to "$8,200".
1967—Pub. L. 90–206 increased the compensation from $7,700 to $8,200 per annum each of the three positions under the appropriation "Salaries, Office of the Architect of the Capitol", of one position under the appropriation "Capitol Buildings", and of one position under the appropriation "House Office Buildings".
1965—Pub. L. 89–309 increased the compensation of one position under appropriation "Senate Office Buildings" from $7,020 to $7,700.
Statutory Notes and Related Subsidiaries
Effective Date of 1967 Amendment
Amendment by Pub. L. 90–206 effective as of beginning of first pay period which begins on or after Oct. 1, 1967, see section 220(a)(2) of Pub. L. 90–206, set out as a note under section 5332 of Title 5, Government Organization and Employees.
§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) are—
(1) the position of assistant referred to in the proviso in the first undesignated paragraph under the center subheadings "
(2) the eight positions provided for in the third and fourth undesignated paragraphs under the center subheadings "
(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, §101(i) [title III, §308], Dec. 22, 1987, 101 Stat. 1329–290, 1329-309; Pub. L. 101–163, title I, §106(e), Nov. 21, 1989, 103 Stat. 1057.)
Editorial Notes
References in Text
The first undesignated paragraph under the center subheadings "
Codification
Section was classified to section 166b–3a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Amendments
1989—Subsec. (b). Pub. L. 101–163 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The positions referred to in subsection (a) of this section are: (1) the two positions of assistant referred to in the proviso in the first undesignated paragraph under the center subheadings '
Statutory Notes and Related Subsidiaries
Compensation of Assistant Architect of the Capitol
Pub. L. 108–7, div. H, title I, §1206, Feb. 20, 2003, 117 Stat. 375, provided that: "Notwithstanding any other provision of law, the compensation of the Assistant Architect who is incumbent in that position when the position of Assistant Architect is abolished shall not be reduced so long as the former Assistant Architect is employed at the Office of the Architect of the Capitol. Whenever the Architect of the Capitol receives a pay adjustment after the date of enactment of this section [Feb. 20, 2003], the compensation of such former Assistant Architect shall be adjusted by the same percentage as the compensation of the Architect of the Capitol. The authority granted in this section shall be in addition to the authority the Architect of the Capitol has in section 129(c)(1)(A) of the Legislative Branch Appropriations Act, 2002 [amending 2 U.S.C. 1849], as amended by this Act [see former 2 U.S.C. 1805(e)(3)], to fix the rate of basic pay for not more than 15 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, United States Code, for the locality involved."
Pub. L. 107–68, title I, §129(b), Nov. 12, 2001, 115 Stat. 580, provided that: "Pursuant to the authority described in section 308(a) of the Legislative Branch Appropriations Act, 1988 (40 U.S.C. 166b–3a(a)) [now 2 U.S.C. 1848(a)], the pay for 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 (40 U.S.C. 164a) [now 2 U.S.C. 1804] shall be an amount equal to $1,000 less than the annual rate of pay for the Architect of the Capitol."
1 See References in Text note below.
§1849. Compensation of certain positions under jurisdiction of Architect of the Capitol
The Architect of the Capitol may fix the rate of basic pay for not more than 32 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.
(Pub. L. 101–520, title I, §108, Nov. 5, 1990, 104 Stat. 2268; Pub. L. 102–90, title I, §104, Aug. 14, 1991, 105 Stat. 459; Pub. L. 105–55, title III, §311(a), (b), Oct. 7, 1997, 111 Stat. 1201; Pub. L. 107–68, title I, §129(c)(1), Nov. 12, 2001, 115 Stat. 580; Pub. L. 107–117, div. B, §914(a), Jan. 10, 2002, 115 Stat. 2324; Pub. L. 109–55, title I, §1201(a), Aug. 2, 2005, 119 Stat. 579; Pub. L. 111–316, §1(a), Dec. 18, 2010, 124 Stat. 3452.)
Editorial Notes
Codification
Section was classified to section 166b–3b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Amendments
2010—Pub. L. 111–316 amended section generally. Prior to amendment, section related to compensation of certain positions under jurisdiction of Architect of the Capitol, specifying twelve positions fixed in relation to Senior Executive Service, nine positions fixed in relation to the General Schedule, and four positions for Executive Project Directors.
2005—Subsec. (b). Pub. L. 109–55 substituted "9 positions" for "8 positions".
2002—Subsec. (c). Pub. L. 107–117 added subsec. (c).
2001—Subsec. (a). Pub. L. 107–68, §129(c)(1)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: "Effective as of the first day of the first applicable pay period beginning on or after November 5, 1990, the compensation of the Director of Engineering (under the Architect of the Capitol) shall be equal to such rate as the Architect considers appropriate, not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved."
Subsecs. (b), (c). Pub. L. 107–68, §129(c)(1), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:
"(1) Effective beginning with any pay period beginning on or after November 5, 1990, the Architect of the Capitol may fix the rate of basic pay—
"(A) for not more than one of the positions under paragraph (2) at a rate not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved; and
"(B) for any other position under paragraph (2), at such rate as the Architect considers appropriate for such position, not to exceed 85 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved.
"(2) Authority under paragraph (1) may be exercised with respect to any of the following positions under the jurisdiction of the Architect of the Capitol:
"(A) The Senior Landscape Architect.
"(B) The Administrative Assistant.
"(C) The Executive Officer.
"(D) The Budget Officer.
"(E) The General Counsel.
"(F) The Superintendent of the Senate Office Buildings.
"(G) The Superintendent of the House Office Buildings.
"(H) The Supervising Engineer of the United States Capitol."
1997—Subsec. (a). Pub. L. 105–55, §311(a), substituted "such rate as the Architect considers appropriate, not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved" for "the rate of basic pay payable for level V of the Executive Schedule".
Subsec. (b)(1). Pub. L. 105–55, §311(b)(1), struck out at end "For purposes of the preceding sentence, 'the maximum rate allowable for the Senior Executive Service' means the highest rate of basic pay that may be set for the Senior Executive Service under section 5382(b) of title 5."
Subsec. (b)(1)(A), (B). Pub. L. 105–55, §311(b)(2), substituted "the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved" for "the maximum rate allowable for the Senior Executive Service".
1991—Subsec. (b)(1). Pub. L. 102–90, §104(a)(3), inserted sentence at end relating to maximum rate allowable for Senior Executive Service.
Subsec. (b)(1)(A). Pub. L. 102–90, §104(a)(1), substituted "90 percent of the maximum rate allowable for the Senior Executive Service;" for "the rate payable for grade GS–18 of the General Schedule;".
Subsec. (b)(1)(B). Pub. L. 102–90, §104(a)(2), substituted "85 percent of the maximum rate allowable for the Senior Executive Service." for "the rate payable for step 2 of grade GS–17 of the General Schedule."
Subsec. (c). Pub. L. 102–90, §104(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by Pub. L. 111–316 applicable with respect to pay periods beginning on or after Dec. 18, 2010, see section 1(c) of Pub. L. 111–316, set out as a note under section 1805 of this title.
Effective Date of 2005 Amendment
Pub. L. 109–55, title I, §1201(b), Aug. 2, 2005, 119 Stat. 579, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to pay periods beginning on or after the date of the enactment of this Act [Aug. 2, 2005]."
Effective Date of 2002 Amendment
Pub. L. 107–117, div. B, §914(b), Jan. 10, 2002, 115 Stat. 2324, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to pay periods beginning on or after October 1, 2001."
Effective Date of 2001 Amendment
Pub. L. 107–68, title I, §129(c)(2), Nov. 12, 2001, 115 Stat. 580, provided that: "The amendment made by paragraph (1) [amending this section] shall apply with respect to pay periods beginning on or after the expiration of the 21-day period which begins on the date the Architect of the Capitol submits to the Committees on Appropriations of the House of Representatives and Senate a list containing the 12 positions for which the Architect will fix the rate of basic pay under the amendment, the rate of basic pay for each such position, and the job description for each such position."
Effective Date of 1997 Amendment
Pub. L. 105–55, title III, §311(c), Oct. 7, 1997, 111 Stat. 1202, provided that: "The amendments made by this section [amending this section] shall apply with respect to pay periods beginning on or after January 1, 1998."
§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.
(Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 101–520, title I, §109, Nov. 5, 1990, 104 Stat. 2269; Pub. L. 103–283, title I, §103, July 22, 1994, 108 Stat. 1435.)
Editorial Notes
References in Text
The General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees.
Codification
Section was classified to section 166b–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Amendments
1994—Pub. L. 103–283 substituted "at not to exceed grade 12" for "to grade 11" in first par.
1990—Pub. L. 101–520 substituted "grade 11" for "grade 10" and struck out "and compensated initially at the same steps in such grade, currently in effect for their present grades, so long as such positions are held by the present incumbents" after "General Schedule" in first par.
§1851. Gratuities for survivors of deceased employees
Until otherwise provided by law, there is authorized to be paid out of the applicable accounts of the House of Representatives, on vouchers signed by the chairman of the Committee on House Oversight, a gratuity to the widow, widower, or heirs-at-law, of each deceased employee under the jurisdiction of the Architect of the Capitol who was assigned to duty in the House of Representatives at the time of his death. The payment of each such gratuity shall be in accordance with uniform rules and regulations adopted by the Committee on House Oversight except that no such gratuity shall be in excess of that payable to the widow, widower, or heirs-at-law of any deceased employee under the jurisdiction of the Architect of the Capitol having a comparable length of service, who was assigned to similar duties in the Senate at the time of his death.
(Pub. L. 88–454, §103, Aug. 20, 1964, 78 Stat. 550; Pub. L. 104–186, title II, §221(1), Aug. 20, 1996, 110 Stat. 1748.)
Editorial Notes
Codification
Section was classified to section 166b–4 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is based on House Resolution No. 291, June 18, 1963, which was enacted into permanent law by Pub. L. 88–454.
Amendments
1996—Pub. L. 104–186 substituted "applicable accounts" for "contingent fund" and substituted "House Oversight" for "House Administration" in two places.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§1852. Withholding and remittance of State income tax
(a) Agreement by Architect 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 Architect of the Capitol 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) employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant; and
(B) who request the Architect 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 Architect to remit such sums more often than once each calendar quarter.
(c) Requests 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 employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant may request the Architect 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 pay period commencing on or after the day on which the request is received in the Office of the Architect, the Botanic Garden Office, or the Senate Restaurant Accounting Office except that—
(A) when the Architect first enters into an agreement with a State, a request for withholdings shall be effective on such date as the Architect may determine; and
(B) when an individual first receives an appointment, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment.
(3) An individual may change the State designated by him for the purposes of having withholdings made and request that the withholdings be remitted in accordance with such change, and he may also revoke his request for withholdings. Any change in the State designated or revocation is effective on the first day of the first pay period commencing on or after the day on which the request for change or the revocation is received in the appropriate office.
(4) The Architect is authorized to issue rules and regulations he considers appropriate in carrying out this subsection.
(d) Time or times of agreements by Architect
The Architect 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 United States or any officer or employee of United States
This section imposes no duty, burden, or requirement upon the United States, 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, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section.
(f) "State" defined
For the purposes of this section, "State" means any of the States of the United States.
(Pub. L. 94–59, title V, §501, July 25, 1975, 89 Stat. 290.)
Editorial Notes
Codification
Section was classified to section 166b–5 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§1853. Exemption of officers and employees of Architect of Capitol from certain Federal pay provisions
The classes of employees whose compensation is authorized by section 3 of the Legislative Pay Act of 1929, as amended (46 Stat. 38; 55 Stat. 615), to be fixed by the Architect of the Capitol without regard to the Classification Act of 1923, as amended, are authorized to be compensated without regard to chapter 51 and subchapter III of chapter 53 of title 5.
(Oct. 28, 1949, ch. 782, title II, §204(a), 63 Stat. 957.)
Editorial Notes
References in Text
Section 3 of the Legislative Pay Act of 1929, as amended (40 Stat. 38; 55 Stat. 615), referred to in text, which was an amendment of the Classification Act of 1923 and which was classified to section 662 of former Title 5, Executive Departments and Government Officers and Employees, was repealed by section 1202 of the Classification Act of 1949, Oct. 28, 1949, ch. 782, 63 Stat. 972.
The Classification Act of 1923, referred to in text, is act Mar. 4, 1923, ch. 265, 42 Stat. 1488, as amended, which was classified to section 661 et seq. of such former Title 5, and was repealed by section 1202 of the Classification Act of 1949.
Codification
Section was formerly classified to section 60e–2a of this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 204(a) of act Oct. 28, 1949. Subsections (b) and (c) of such section were repealed by Pub. L. 89–554, §8, Sept. 6, 1966, 80 Stat. 655, and reenacted as sections 5102(d) and 5103 of Title 5, Government Organization and Employees.
Section was classified to section 1084(a) of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
"Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "this Act", referring to the Classification Act of 1949, on authority of section 7(b) of Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 631, section 1 of which enacted Title 5.
§1854. Overtime compensation for certain employees of Architect of Capitol
For overtime pay purposes, per diem and per hour employees under the Office of the Architect of the Capitol not subject to chapter 51 and subchapter III of chapter 53 of title 5, shall be regarded as subject to the provisions of sections 5544(a) and 6102 of title 5, and sections 60e–3 and 60e–4 of this title shall not be applicable to such employees.
(June 30, 1945, ch. 212, title V, §503, 59 Stat. 301; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972.)
Editorial Notes
References in Text
Section 6102 of title 5, referred to in text, was repealed by Pub. L. 92–392, §7(a), Aug. 19, 1972, 86 Stat. 573, and reenacted as section 6101(a)(1) of Title 5, Government Organization and Employees.
Sections 60e–3 and 60e–4 of this title, referred to in text, were omitted from the Code.
Codification
Section was formerly classified to section 60e–2b of this title prior to editorial reclassification and renumbering as this section.
Section was classified to section 933 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
"Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "the Classification Act of 1949, as amended", and "sections 5544(a) and 6102 of title 5" substituted for "section 23 of the Act of March 28, 1934 (U.S.C., 1940 edition, title 5, sec. 673c)", on authority of section 7(b) of Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 631, section 1 of which enacted Title 5.
Amendments
1949—Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Statutory Notes and Related Subsidiaries
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
SUBCHAPTER IV—APPROPRIATIONS AND EXPENDITURES
§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.)
Editorial Notes
Codification
Section was classified to section 689 of former Title 31, prior to the enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877, and then to section 166a–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section consolidates provisions from the Legislative Branch Appropriation Acts for fiscal years 1930 and 1931.
§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 "
(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 "
(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, §306, Sept. 16, 1996, 110 Stat. 2413.)
Editorial Notes
Codification
Section was classified to section 166h of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§1862a. Use of construction project funds to reimburse Capitol Police for related overtime costs
(a) Payment of overtime costs
The Architect of the Capitol shall transfer amounts made available for construction projects during a fiscal year to the applicable appropriations accounts of the United States Capitol Police in order to reimburse the Capitol Police for overtime costs incurred in connection with such projects.
(b) Effective date
This section shall apply with respect to fiscal year 2013 and each succeeding fiscal year.
(Pub. L. 112–74, div. G, title I, §1201, Dec. 23, 2011, 125 Stat. 1128.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.
§1862b. Transfer of amounts appropriated for Architect of the Capitol under House Office Buildings
(a) During fiscal year 2019 and each succeeding fiscal year, amounts appropriated or otherwise made available for the Architect of the Capitol under the heading "House Office Buildings" may be transferred to the House of Representatives and merged with and made available under the heading "Allowances and Expenses", subject to the approval of the Committee on Appropriations of the House of Representatives.
(b) The period of availability of any amounts transferred to the House of Representatives under this section shall be the same period of availability applicable to such amounts as appropriated for the Architect of the Capitol.
(c) The aggregate amount transferred under this section in any fiscal year may not exceed $30,000,000.
(Pub. L. 116–6, div. H, title II, §204, Feb. 15, 2019, 133 Stat. 476.)
§1863. Funds out of Contingent Expenses, Architect of the Capitol Appropriation
Any expenditures required to implement the provisions of section 1818 of this title shall be paid from the appropriation "Contingent Expenses, Architect of the Capitol" and any funds appropriated under this head shall hereafter be available for such purpose.
(Pub. L. 93–180, §2, Dec. 13, 1973, 87 Stat. 705.)
Editorial Notes
Codification
Section was classified to section 166e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§1864. Funds out of Capitol Buildings, Architect of the Capitol Appropriation
On and after October 18, 1986, the Architect of the Capitol may incur expenses authorized by section 1818 of this title to be paid from the appropriation "Capitol Buildings, Architect of the Capitol".
(Pub. L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287, as amended Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425.)
Editorial Notes
Codification
Section was classified to section 166f of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is based on the words "to hereafter incur expenses authorized by the Act of December 13, 1973 (87 Stat. 704)" appearing under heading "Architect of the Capitol" and subheading "Capitol Buildings" contained in H.R. 5203 (see House Report 99–805 as filed in the House on Aug. 15, 1986), as incorporated by reference in section 101(j) of Pub. L. 99–500 and Pub. L. 99–591, as amended by Pub. L. 100–71, to be effective as if enacted into law.
§1865. Capitol Police Buildings and Grounds Account
(a) Establishment
There is hereby established in the Treasury of the United States an account for the Architect of the Capitol to be known as "Capitol Police Buildings and Grounds" (hereinafter in this section referred to as the "account").
(b) Use of funds
Funds in the account shall be used by the Architect of the Capitol for all necessary expenses for—
(1) resilience and security programs of the Architect of the Capitol; and
(2) the maintenance, care, and operation of buildings, grounds, and security enhancements for facilities of the United States Capitol Police and for other facilities associated with such resilience and security programs at any location.
(c) Approval of transfers of appropriations from Legislative Branch agencies
(1) For carrying out the purposes of the account, the Architect of the Capitol may receive transfers of appropriations from any agency of the Legislative Branch upon the approval of—
(A) the Committee on Appropriations of the House of Representatives, in the case of a transfer from an office of the House of Representatives;
(B) the Committee on Appropriations of the Senate, in the case of a transfer from an office of the Senate; or
(C) the Committees on Appropriations of the House of Representatives and the Senate, in the case of a transfer from any other office of the Government.
(2) Amounts transferred under this subsection shall be merged with the account and made available under this section.
(3) This subsection shall apply with respect to fiscal year 2019 and each succeeding fiscal year.
(d) Effective date; transfer of funds
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 August 2, 2002, 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, title I, §906, Aug. 2, 2002, 116 Stat. 877; Pub. L. 115–244, div. B, title I, §132, Sept. 21, 2018, 132 Stat. 2936.)
Editorial Notes
Codification
Section was classified to section 166l of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Amendments
2018—Subsecs. (b) to (d). Pub. L. 115–244 added subsec. (c), redesignated former subsec. (c) as (d), and amended subsec. (b) generally. Prior to amendment, text of subsec. (b) read as follows: "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."
§1866. Certification of vouchers
It shall not be a duty of the Architect of the Capitol to certify any pay roll 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, 56 Stat. 343.)
Editorial Notes
Codification
Section was classified to section 174e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§1867. Advancement and reimbursement of expenses for flying American flags and providing certification services therefor
On and after November 19, 1995, expenses, based on full cost recovery, for flying American flags and providing certification services therefor shall be advanced or reimbursed upon request of the Architect of the Capitol, and amounts so received shall be deposited into the Treasury.
(Pub. L. 104–53, title I, Nov. 19, 1995, 109 Stat. 528.)
Editorial Notes
Codification
Section was classified to section 166g of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Statutory Notes and Related Subsidiaries
Flag Office Revolving Fund
Pub. L. 115–31, div. I, title I, §1203, May 5, 2017, 131 Stat. 581, provided that:
"(a)
"(b)
"(c)
"(1) Amounts deposited by the Architect of the Capitol under subsection (b).
"(2) Any other amounts received by the Architect of the Capitol which are attributable to services provided by the Flag Office.
"(3) Such other amounts as may be appropriated under law.
"(d)
"(1) supplies, inventories, equipment, and other expenses;
"(2) the reimbursement of any applicable appropriations account for amounts used from such appropriations account to pay the salaries of employees of the Flag Office; and
"(3) amounts necessary to carry out the authorized levels in the Fallen Heroes Flag Act of 2016 [2 U.S.C. 1881 et seq.]."
§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, §105(b), Aug. 20, 1964, 78 Stat. 551; Pub. L. 94–303, title I, §118(c), June 1, 1976, 90 Stat. 616.)
Editorial Notes
Codification
Section was classified to section 162b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Amendments
1976—Pub. L. 94–303 designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in par. (1) of this section relating to the requirement that the Architect of the Capitol submit a semiannual report to the Senate and the House of Representatives, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 1 of House Document No. 103–7.
§1868a. Semiannual report of disbursements
(a) Reports required
Not later than 60 days after the last day of each semiannual period, the Architect of the Capitol shall submit to Congress, with respect to that period, a detailed, itemized report of the disbursements for the operations of the Office of the Architect of the Capitol.
(b) Contents
The report required by subsection (a) shall include—
(1) the name of each person who receives a payment from the Office of the Architect of the Capitol;
(2) the quantity and price of any item furnished to the Office of the Architect of the Capitol;
(3) a description of any service rendered to the Office of the Architect of the Capitol, together with a statement of the time required for the service, and the name, title, and amount paid to each person who renders the service;
(4) a statement of all amounts appropriated to, or received or expended by, the Office of the Architect of the Capitol and any unexpended balances of such amounts;
(5) the information submitted to the Comptroller General under section 3523(b) of title 31; and
(6) 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 January 1 through June 30 and July 1 through December 31 of each year, beginning with the semiannual period in which this section is enacted.
(Pub. L. 113–76, div. I, title I, §1301, Jan. 17, 2014, 128 Stat. 428.)
§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, §1304, Dec. 26, 2007, 121 Stat. 2242.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
§1870. House Historic Buildings Revitalization Trust Fund
(a) Establishment
There is hereby established in the Treasury of the United States, as an account for the Architect of the Capitol, the House Historic Buildings Revitalization Trust Fund (hereafter in this section referred to as the "Fund").
(b) Use of amounts
Amounts in the Fund shall be used by the Architect of the Capitol for the revitalization of the major historical buildings and assets of the House of Representatives which the Architect is responsible for maintaining and preserving, except that the Architect may not obligate any amounts in the Fund without the approval of the Committee on Appropriations of the House of Representatives.
(c) Continuing availability of funds
Any amounts transferred to and merged with, or otherwise deposited into, the Fund shall remain available until expended.
(d) Omitted
(e) Effective date
This section and the amendment made by this section shall apply with respect to fiscal year 2010 and each succeeding fiscal year.
(Pub. L. 111–68, div. A, title I, §1304, Oct. 1, 2009, 123 Stat. 2035.)
Editorial Notes
Codification
Section is comprised of section 1304 of Pub. L. 111–68. Subsec. (d) of section 1304 of Pub. L. 111–68 amended section 5507 of this title.
Section is from the Legislative Branch Appropriations Act, 2010, which is div. A of Pub. L. 111–68.
§1871. Expired appropriations available for deposit into Employees' Compensation Fund
(a) In general
Notwithstanding section 1101, available balances of expired Architect of the Capitol appropriations shall be available to the Architect of the Capitol to make the deposit to the credit of the Employees' Compensation Fund required by section 8147(b) of title 5.
(b) Effective date
This section shall apply with respect to appropriations for fiscal year 2013 and each year thereafter.
(Pub. L. 113–6, div. F, title VI, §1606, Mar. 26, 2013, 127 Stat. 426.)
Editorial Notes
References in Text
Section 1101, referred to in subsec. (a), is section 1101 of title I of div. F of Pub. L. 113—6, Mar. 26, 2013, 127 Stat. 412, which is not classified to the Code.
§1872. Use of expired funds for unemployment compensation payments
(a) Available balances of expired Architect of the Capitol appropriations shall be available to the Architect of the Capitol for reimbursing the Federal Employees Compensation Account (as established by section 1109 of title 42) for any amounts paid with respect to unemployment compensation payments for former employees of the Architect of the Capitol, notwithstanding any other provision of law, without regard to the fiscal year for which the obligation to make such payments is incurred.
(b) This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year.
(Pub. L. 115–31, div. I, title I, §1204, May 5, 2017, 131 Stat. 581.)
§1873. Acceptance of travel expenses from non-Federal sources
(a) Permitting acceptance of expenses
Notwithstanding any other provision of law, the Architect of the Capitol may accept payment or authorize an employee of the Office of the Architect of the Capitol to accept payment on the Office's behalf from non-Federal sources for travel, subsistence, and related expenses with respect to attendance of the employee (or the spouse of such employee) at any meeting or similar function relating to the employee's official duties. Any cash payment so accepted shall be credited to the appropriation applicable to such expenses. In the case of a payment in kind so accepted, a pro rata reduction shall be made in any entitlement of the employee to payment from the Government for such expenses.
(b) Prohibiting acceptance from other sources
Except as provided in this section or section 7342 of title 5, the Office or an employee of the Office may not accept payment for expenses referred to in subsection (a). An employee who accepts any payment in violation of the preceding sentence—
(1) may be required, in addition to any penalty provided by law, to repay, for deposit in the general fund of the Treasury, an amount equal to the amount of the payment so accepted; and
(2) in the case of a repayment under paragraph (1), shall not be entitled to any payment from the Government for such expenses.
(c) Effective date
This section shall apply with respect to fiscal year 2019 and each succeeding fiscal year.
(Pub. L. 115–244, div. B, title I, §135, Sept. 21, 2018, 132 Stat. 2937.)
SUBCHAPTER V—CAPITOL-FLOWN FLAGS FOR FAMILIES OF FALLEN HEROES
§1881. Definitions
In this subchapter—
(1) the term "Capitol-flown flag" means a flag of the United States flown over the Capitol in honor of the deceased individual for whom the flag is requested;
(2) the terms "chaplain", "firefighter", "law enforcement officer", "member of a rescue squad or ambulance crew", and "public agency" have the meanings given such terms in section 10284 of title 34;
(3) the term "immediate family member", with respect to an individual, means—
(A) the spouse, parent, brother, sister, or child of the individual or a person to whom the individual stands in loco parentis; or
(B) any other person related to the individual by blood or marriage;
(4) the term "public safety officer" means an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a chaplain; and
(5) the term "Representative" includes a Delegate or Resident Commissioner to the Congress.
(Pub. L. 114–156, §2, May 16, 2016, 130 Stat. 391.)
§1881a. Providing Capitol-flown flags for families of fallen heroes
(a) In general
At the request of an immediate family member of a firefighter, law enforcement officer, member of a rescue squad or ambulance crew, or public safety officer who died in the line of duty, the Representative or Senator of the family may provide to the family a Capitol-flown flag, together with the certificate described in subsection (c).
(b) No cost to family
A Capitol-flown flag provided under this section shall be provided at no cost to the family.
(c) Certificate
The certificate described in this subsection is a certificate which is signed by the Speaker of the House of Representatives and the Representative, or the President pro tempore of the Senate and the Senator, providing the Capitol-flown flag, as applicable, and which contains an expression of sympathy for the family involved from the House of Representatives or the Senate, as applicable.
(Pub. L. 114–156, §3, May 16, 2016, 130 Stat. 391.)
§1881b. Regulations and procedures
(a) In general
Not later than 30 days after May 16, 2016, the Architect of the Capitol shall issue regulations for carrying out this subchapter, including regulations to establish procedures (including any appropriate forms, guidelines, and accompanying certificates) for requesting a Capitol-flown flag.
(b) Review
The regulations issued under subsection (a) shall take effect upon approval by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate.
(Pub. L. 114–156, §4, May 16, 2016, 130 Stat. 392.)
§1881c. Authorization of appropriations
There are authorized to be appropriated for each of fiscal years 2017 through 2028 such sums as may be necessary to carry out this subchapter, to be derived from amounts appropriated in each such fiscal year for the operation of the Architect of the Capitol, except that the aggregate amount appropriated to carry out this subchapter for all such fiscal years may not exceed $40,000.
(Pub. L. 114–156, §5, May 16, 2016, 130 Stat. 392; Pub. L. 117–328, div. I, title I, §131, Dec. 29, 2022, 136 Stat. 4929.)
Editorial Notes
Amendments
2022—Pub. L. 117–328 substituted "through 2028" for "through 2022".
§1881d. Effective date
This subchapter shall take effect on May 16, 2016, except that a Capitol-flown flag may not be provided under section 1881a of this title until the regulations issued under section 1881b(a) of this title take effect in accordance with section 1881b(b) of this title.
(Pub. L. 114–156, §6, May 16, 2016, 130 Stat. 392.)
CHAPTER 29—CAPITOL POLICE
SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION
Part A—General
Part B—Compensation and Other Personnel Matters
Part C—Uniform and Arms
Part D—United States Capitol Police Memorial Fund
SUBCHAPTER II—POWERS AND DUTIES
SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION
Part A—General
§1901. Establishment; officer appointments
There shall be a Capitol police. There shall be a captain of the Capitol police and such other members with such rates of compensation, respectively, as may be appropriated for by Congress from year to year. The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board.
(R.S. §1821; Apr. 28, 1902, ch. 594, 32 Stat. 124; June 28, 1943, ch. 173, title I, 57 Stat. 230; Pub. L. 96–152, §1(a), Dec. 20, 1979, 93 Stat. 1099; Pub. L. 108–7, div. H, title I, §1018(h)(1), Feb. 20, 2003, 117 Stat. 368; Pub. L. 111–145, §6(e)(1)–(3), Mar. 4, 2010, 124 Stat. 54, 55.)
Editorial Notes
Codification
Section was classified to section 206 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section was a composite of provisions of R.S. §1821, act Apr. 28, 1902, and act June 28, 1943, cited in the credits. Provisions from act Apr. 28, 1902, and act June 28, 1943, were repealed by Pub. L. 111–145, §6(e)(1).
R.S. §1821 derived from acts Mar. 2, 1867, ch. 167, §2, 14 Stat. 466; Mar. 3, 1873, ch. 226, 17 Stat. 488.
Amendments
2010—Pub. L. 111–145, §6(e)(3), amended first sentence of R.S. §1821 by striking ", the members of which shall be appointed by the Sergeants-at-Arms of the two Houses and the Architect of the Capitol Extension" after "There shall be a Capitol police".
Pub. L. 111–145, §6(e)(2), repealed Pub. L. 108–7, §1018(h)(1), and provided that the sentence repealed by such section is restored to appear at end of section. See 2003 Amendment note below.
Pub. L. 111–145, §6(e)(1), struck out "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." after "from year to year."
2003—Pub. L. 108–7, §1018(h)(1), which struck out last sentence which read "The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board.", was repealed by Pub. L. 111–145, §6(e)(2).
1979—Pub. L. 96–152 inserted last sentence providing that the Capitol Police be headed by a Chief who shall be appointed by the Capitol Police Board and who shall serve at the pleasure of the Board.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–145, §6(d), Mar. 4, 2010, 124 Stat. 54, provided that:
"(1)
"(2)
Pub. L. 111–145, §6(e)(4), Mar. 4, 2010, 124 Stat. 55, provided that: "The amendments made by this subsection [amending this section] shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2003 [Pub. L. 108–7, div. H]."
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–7 effective Feb. 20, 2003, and applicable to fiscal year 2003 and each fiscal year thereafter, see section 1907(i) of this title.
Effective Date of 1979 Amendment
Pub. L. 96–152, §7, Dec. 20, 1979, 93 Stat. 1100, provided that: "This Act [enacting section 1902 of this title and amending this section] shall take effect on the first day of the second month after the month in which this Act is enacted [Dec. 1979]."
Short Title of 2021 Amendment
Pub. L. 117–77, §1, Dec. 22, 2021, 135 Stat. 1522, provided that: "This Act [enacting section 1901b of this title, amending sections 1970 and 1974 of this title, and enacting provisions set out as a note under section 1970 of this title] may be cited as the 'Capitol Police Emergency Assistance Act of 2021'."
Short Title of 2017 Amendment
Pub. L. 115–45, §1, Aug. 4, 2017, 131 Stat. 956, provided that: "This Act [amending sections 1951, 1952, and 1954 of this title] may be cited as the 'Wounded Officers Recovery Act of 2017'."
Short Title of 2010 Amendment
Pub. L. 111–145, §1, Mar. 4, 2010, 124 Stat. 49, provided that: "This Act [see Tables for classification] may be cited as the 'United States Capitol Police Administrative Technical Corrections Act of 2009'."
Short Title of 2008 Amendment
Pub. L. 110–178, §1, Jan. 7, 2008, 121 Stat. 2546, provided that: "This Act [enacting sections 141b and 143c of this title, amending sections 167i, 167j, 182b, 185, and 1961 of this title and sections 5101, 5102, and 5104 of Title 40, Public Buildings, Property, and Works, repealing sections 167 to 167h of this title, enacting provisions set out as notes under this section and sections 167 and 182b of this title, and repealing provisions set out as notes under this section] may be cited as the 'U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007'."
Short Title of 2007 Amendment
Pub. L. 110–161, div. H, title I, §1004(a), Dec. 26, 2007, 121 Stat. 2227, which provided that section 1004 of Pub. L. 110–161 could be cited as the "U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007", was repealed by Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54. For identical short title, see above.
Designation of Capitol Police Wellness Program
Pub. L. 117–31, title III, §301, July 30, 2021, 135 Stat. 313, provided that:
"(a)
"(b)
Capitol Police Board
Pub. L. 108–7, div. H, title I, §1014, Feb. 20, 2003, 117 Stat. 361, which related to composition, mission, and other aspects of the Capitol Police Board, was transferred to section 1901a of this title.
Transfer of Library of Congress Police to Capitol Police
Pub. L. 110–178, §§2, 3, 8, Jan. 7, 2008, 121 Stat. 2546, 2549, 2554, provided that:
"SEC. 2. TRANSFER OF PERSONNEL.
"(a)
"(1)
"(2)
"(b)
"(1)
"(A)
"(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)
"(C)
"(D)
"(2)
"(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)
"(A)
"(B)
"(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)
"(1)
"(2)
"(d)
"(1)
"(2)
"(3)
"(e)
"(1)
"(2)
"(f)
"(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)
"(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)
"SEC. 3. TRANSITION PROVISIONS.
"(a)
"(1)
"(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)
"(b)
"(1)
"(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)
"(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)
"(4)
"(c)
"(d)
"(1) the provisions of this Act; 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.
"(e)
"(1) terminate the employment of a Library of Congress Police employee or Library of Congress Police civilian employee; or
"(2) transfer any individual serving in a Library of Congress Police employee position or Library of Congress Police civilian employee position to another position at the Library of Congress.
"SEC. 8. DEFINITIONS.
"In this Act [see Short Title of 2008 Amendment note set out above]—
"(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 Pub. L. 110–161, div. H, title I, §1004(b), (c), (h), Dec. 26, 2007, 121 Stat. 2227, 2231, 2236, prior to repeal by Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.
Pub. L. 108–83, title I, §1006, Sept. 30, 2003, 117 Stat. 1023, as amended by Pub. L. 108–447, div. G, title I, §1002, Dec. 8, 2004, 118 Stat. 3179; Pub. L. 109–55, title I, §1006(a), Aug. 2, 2005, 119 Stat. 576, related to the effective and efficient transfer of Library of Congress Police to Capitol Police under section 1015 of Pub. L. 108–7, prior to repeal by Pub. L. 110–161, div. H, title I, §1004(g), Dec. 26, 2007, 121 Stat. 2236, and Pub. L. 110–178, §7, Jan. 7, 2008, 121 Stat. 2554, effective Oct. 1, 2009. Pub. L. 110–161, §1004, was repealed by Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.
Pub. L. 108–7, div. H, title I, §1015, Feb. 20, 2003, 117 Stat. 362, related to the transfer of Library of Congress Police to the United States Capitol Police, prior to repeal by Pub. L. 110–161, div. H, title I, §1004(g), Dec. 26, 2007, 121 Stat. 2236, and Pub. L. 110–178, §7, Jan. 7, 2008, 121 Stat. 2554, effective Oct. 1, 2009. Pub. L. 110–161, §1004, was repealed by Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.
Long Term Strategic Plan
Pub. L. 108–7, div. H, title I, §1019, Feb. 20, 2003, 117 Stat. 369, provided that:
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(2)
"(3)
"(c)
Compensation of Assistant Chief of Capitol Police
Pub. L. 107–117, div. B, §907(b), Jan. 10, 2002, 115 Stat. 2319, as amended by Pub. L. 108–7, div. H, title I, §1013(b), Feb. 20, 2003, 117 Stat. 361, provided that: "The annual rate of pay for the Assistant Chief of the Capitol Police shall be the amount equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police."
Selection of Privates
Similar provisions as to the selection of privates were contained in the following acts:
June 8, 1942, ch. 396, 56 Stat. 340.
July 1, 1941, ch. 268, 55 Stat. 456.
June 18, 1940, ch. 396, 54 Stat. 471.
June 16, 1939, ch. 208, 53 Stat. 831.
May 17, 1938, ch. 236, 52 Stat. 389.
May 18, 1937, ch. 223, 50 Stat. 178.
Apr. 17, 1936, ch. 233, 49 Stat. 1223.
July 8, 1935, ch. 374, 49 Stat. 468.
May 30, 1934, ch. 372, 48 Stat. 826.
Feb. 28, 1933, ch. 134, 47 Stat. 1359.
June 30, 1932, ch. 314, 47 Stat. 390.
Feb. 20, 1931, ch. 234, 46 Stat. 1182.
June 6, 1930, ch. 407, 46 Stat. 512.
Feb. 28, 1929, ch. 367, 45 Stat. 1394.
May 14, 1928, ch. 551, 45 Stat. 524.
Feb. 23, 1927, ch. 168, 44 Stat. 1154.
May 13, 1926, ch. 294, 44 Stat. 545.
Mar. 4, 1925, ch. 549, 43 Stat. 1294.
June 7, 1924, ch. 303, 43 Stat. 586.
Feb. 20, 1923, ch. 98, 42 Stat. 1272.
Mar. 20, 1922, ch. 103, 42 Stat. 429.
Capitol Police Civilian Support Positions With Respect to the House of Representatives
House Resolution No. 199, One Hundred Second Congress, Aug. 1, 1991, made permanent law Pub. L. 102–392, title I, §102, Oct. 6, 1992, 106 Stat. 1710, and amended by Pub. L. 104–186, title II, §221(9)(B), Aug. 20, 1996, 110 Stat. 1749, authorized Committee on House Oversight [now Committee on House Administration] of the House of Representatives to establish 114 civilian support positions for the Capitol Police, provided for functions, compensation, and classification of positions, provided procedures for appointments to positions and that as each position was filled there would be abolished one position of private on Capitol Police, provided that positions would be filled by individuals in Capitol Police positions so abolished, that all positions would be filled by the end of the One Hundred Second Congress, and that at least 50 of such positions would be filled not later than the end of the first session of such Congress, and authorized Committee on House Oversight [now Committee on House Administration] to prescribe regulations to carry out this provision.
Director of Employment Practices Under Capitol Police Board
House Resolution No. 420, One Hundred First Congress, June 26, 1990, made permanent law Pub. L. 101–520, title I, §105, Nov. 5, 1990, 104 Stat. 2262, and amended by Pub. L. 104–186, title II, §221(9)(C), Aug. 20, 1996, 110 Stat. 1749, established the position of Director of Employment Practices with respect to members of the Capitol Police, at the appropriate rate of pay under level HS–11 of the House Employees Schedule, with payment from amounts appropriated for the Capitol Police, such appointment to be made by the Capitol Police Board, subject to prior approval of the Committee on House Oversight [now Committee on House Administration], without regard to political affiliation and solely on basis of fitness to perform functions of the position.
General Counsel to Chief of Capitol Police
House Resolution No. 661, Ninety-fifth Congress, July 29, 1977, made permanent law Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777, and amended by Pub. L. 104–186, title II, §221(9)(A), Aug. 20, 1996, 110 Stat. 1749, which established the position of General Counsel to the Chief of the Capitol Police, the appropriate rate of compensation, and method of appointment, was repealed by Pub. L. 111–145, §3(a)(4), Mar. 4, 2010, 124 Stat. 52.
§1901a. Capitol Police Board
(a) Capitol Police Board; composition; redefining mission
(1) Purpose
The purpose of the Capitol Police Board is to oversee and support the Capitol Police in its mission and to advance coordination between the Capitol Police and the Sergeant at Arms of the House of Representatives and the Sergeant at Arms and Doorkeeper of the Senate, in their law enforcement capacities, and the Congress. Consistent with this purpose, the Capitol Police Board shall establish general goals and objectives covering its major functions and operations to improve the efficiency and effectiveness of its operations.
(2) Composition
The Capitol Police Board shall consist of the Sergeant at Arms of the House of Representatives, the Sergeant at Arms and Doorkeeper of the Senate, the Chief of the Capitol Police, and the Architect of the Capitol. The Chief of Capitol Police shall serve in an ex-officio capacity and be a non-voting member of the Board.
(b) Initial review and report
Not later than 180 days after February 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, 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), 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.1
(f) References in law; effect on other laws
(1) Any reference in any law or resolution in effect as of February 20, 2003, to the "Capitol Police Board" shall be deemed to refer to the Capitol Police Board as composed under subsection (a)(2).
(2) Nothing in this section shall be construed to affect the jurisdiction, powers, or prerogatives of the Capitol Police Board or its individual members unless specifically provided herein.
(Pub. L. 108–7, div. H, title I, §1014, Feb. 20, 2003, 117 Stat. 361.)
Editorial Notes
Codification
Section was formerly set out as a note under section 1901 of this title.
1 So in original. Probably should be "this section."
§1901b. Joint oversight hearings
(a) In General
The Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives (referred to in this section as the "Committees") are authorized to jointly conduct oversight hearings regarding the Capitol Police Board and may request the attendance of all members of the Capitol Police Board at any such hearing. Members of the Capitol Police Board shall attend a joint hearing under this section, as requested and under such rules or procedures as may be adopted by the Committees.
(b) Timing
The Committees may conduct oversight hearings under this section as determined appropriate by the Committees, but shall conduct not less than one oversight hearing under this section during each Congress.
(Pub. L. 117–77, §3, Dec. 22, 2021, 135 Stat. 1523.)
§1902. Compensation of Chief
The annual rate of pay for the Chief of the Capitol Police shall be the amount equal to the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5.
(Pub. L. 96–152, §1(c), Dec. 20, 1979, 93 Stat. 1099; Pub. L. 106–554, §1(a)(2) [title I, §109(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-107; Pub. L. 107–117, div. B, §907(a), Jan. 10, 2002, 115 Stat. 2319; Pub. L. 108–7, div. H, title I, §1013(a), Feb. 20, 2003, 117 Stat. 361; Pub. L. 116–94, div. E, title II, §212(a)(3)(E), Dec. 20, 2019, 133 Stat. 2775; Pub. L. 117–103, div. I, title II, §212(b), Mar. 15, 2022, 136 Stat. 526.)
Editorial Notes
Codification
Section was classified to section 206–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Amendments
2022—Subsec. (c). Pub. L. 117–103 substituted "the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5." for "$1,000 less than the maximum rate of pay in effect under section 4575(f) of this title."
2019—Pub. L. 116–94 substituted "the maximum rate of pay in effect under section 4575(f) of this title." for "the lower of the annual rate of pay in effect for the Sergeant-at-Arms of the House of Representatives or the annual rate of pay in effect for the Sergeant-at-Arms and Doorkeeper of the Senate."
2003—Pub. L. 108–7 amended section generally. Prior to amendment, section read as follows: "The Chief of the Capitol Police shall receive compensation at a rate determined by the Capitol Police Board, but not to exceed $2,500 less than 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."
2002—Pub. L. 107–117 substituted "but not to exceed $2,500 less than 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" for "but not to exceed the rate of basic pay payable for level ES–4 of the Senior Executive Service, as established under subchapter VIII of chapter 53 of title 5 (taking into account any comparability payments made under section 5304(h) of such title)".
2000—Pub. L. 106–554 substituted "the rate of basic pay payable for level ES–4 of the Senior Executive Service, as established under subchapter VIII of chapter 53 of title 5 (taking into account any comparability payments made under section 5304(h) of such title)" for "the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5".
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by Pub. L. 117–103 effective on the first day of the first applicable pay period beginning on or after Mar. 15, 2022, see section 212(c) of Pub. L. 117–103, set out as a note under section 1802 of this title.
Effective Date of 2019 Amendment
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.
Effective Date of 2003 Amendment
Pub. L. 108–7, div. H, title I, §1013(d), Feb. 20, 2003, 117 Stat. 361, provided that: "The amendments made by this section [amending this section, section 1903 of this title, and provisions set out as a note under section 1901 of this title] shall apply with respect to the first pay period beginning on or after the date of the enactment of this Act [Feb. 20, 2003]."
Effective Date of 2002 Amendment
Pub. L. 107–117, div. B, §907(c), Jan. 10, 2002, 115 Stat. 2319, provided that: "This section [amending this section and enacting provisions set out as a note under section 1901 of this title] and the amendment made by this section shall apply with respect to pay periods beginning on or after the date of the enactment of this Act [Jan. 10, 2002]."
Effective Date of 2000 Amendment
Pub. L. 106–554, §1(a)(2) [title I, §109(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-107, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to pay periods beginning on or after the date of the enactment of this Act [Dec. 21, 2000]."
Effective Date
Section effective Feb. 1, 1980, see section 7 of Pub. L. 96–152, set out as an Effective Date of 1979 Amendment note under section 1901 of this title.
§1903. Chief Administrative Officer
(a) Chief Administrative Officer
(1) Establishment
There shall be within the United States Capitol Police an Office of Administration, to be headed by the Chief Administrative Officer, who shall report to and serve at the pleasure of the Chief of the Capitol Police.
(2) Appointment
The Chief Administrative Officer shall be appointed by the Chief of the United States Capitol Police, after consultation with the Capitol Police Board, without regard to political affiliation and solely on the basis of fitness to perform the duties of the position.
(3) Compensation
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.
(b) Responsibilities
The Chief Administrative Officer shall have the following areas of responsibility:
(1) Budgeting
The Chief Administrative Officer shall—
(A) prepare and submit to the Capitol Police Board an annual budget for the Capitol Police; and
(B) execute the budget and monitor through periodic examinations the execution of the Capitol Police budget in relation to actual obligations and expenditures.
(2) Financial management
The Chief Administrative Officer shall—
(A) oversee all financial management activities relating to the programs and operations of the Capitol Police;
(B) develop and maintain an integrated accounting and financial system for the Capitol Police, including financial reporting and internal controls, which—
(i) complies with applicable accounting principles, standards, and requirements, and internal control standards;
(ii) complies with any other requirements applicable to such systems; and
(iii) provides for—
(I) complete, reliable, consistent, and timely information which is prepared on a uniform basis and which is responsive to financial information needs of the Capitol Police;
(II) the development and reporting of cost information;
(III) the integration of accounting and budgeting information; and
(IV) the systematic measurement of performance;
(C) direct, manage, and provide policy guidance and oversight of Capitol Police financial management personnel, activities, and operations, including—
(i) the recruitment, selection, and training of personnel to carry out Capitol Police financial management functions; and
(ii) the implementation of Capitol Police asset management systems, including systems for cash management, debt collection, and property and inventory management and control; and
(D) Prepare 1 annual financial statements for the Capitol Police, and such financial statements shall be audited by the Inspector General of the Capitol Police or by an independent public accountant, as determined by the Inspector General.
(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.
(Pub. L. 106–554, §1(a)(2) [title I, §108], Dec. 21, 2000, 114 Stat. 2763, 2763A-104; Pub. L. 106–346, §101(a) [title V, §507(a)], Oct. 23, 2000, 114 Stat. 1356, 1356A-55; Pub. L. 107–68, title I, §122(a), Nov. 12, 2001, 115 Stat. 576; Pub. L. 108–7, div. H, title I, §1013(c), Feb. 20, 2003, 117 Stat. 361; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–55, title I, §1004(g), Aug. 2, 2005, 119 Stat. 575; Pub. L. 111–145, §§2(a)(1), (2), 6(a), Mar. 4, 2010, 124 Stat. 49, 54.)
Editorial Notes
Codification
Section was classified to section 206a–9 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Amendments
2010—Subsec. (a). Pub. L. 111–145, §2(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to the establishment of the Office of Administration and the appointment and compensation of the Chief Administrative Officer.
Subsec. (c). Pub. L. 111–145, §2(a)(2), struck out subsec. (c) which related to the Chief Administrative Officer's employment of personnel and access to resources of other agencies.
Subsecs. (d) to (g). Pub. L. 111–145, §6(a), struck out subsecs. (d) to (g) which related to a plan for office policies, procedures, and actions, a report on progress made in such planning, submission of the plan and report to the appropriate congressional committees, and termination of the role of the Comptroller General.
2005—Subsec. (b)(2)(D). Pub. L. 109–55 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "shall prepare annual financial statements for the Capitol Police and provide for an annual audit of the financial statements by an independent public accountant in accordance with generally accepted government auditing standards."
2004—Subsec. (a)(5). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
2003—Subsec. (a)(4). Pub. L. 108–7 amended par. (4) generally. Prior to amendment, par. (4) read as follows: "The Chief Administrative Officer shall receive basic pay at a rate determined by the Chief of the Capitol Police, but not to exceed $1,000 less than the annual rate of pay for the Chief of the Capitol Police."
2001—Subsec. (a)(4). Pub. L. 107–68 substituted "the Chief of the Capitol Police, but not to exceed $1,000 less than the annual rate of pay for the Chief of the Capitol Police" for "the Capitol Police Board, but not to exceed the annual rate of basic pay payable for ES–2 of the Senior Executive Service, as established under subchapter VIII of chapter 53 of title 5 (taking into account any comparability payments made under section 5304(h) of such title)".
2000—Pub. L. 106–346 amended section generally, substituting present provisions for similar provisions establishing within the Capitol Police an Office of Administration to be headed by a Chief Administrative Officer, providing that the Chief Administrative Officer would be appointed and his pay rate would be set by the Comptroller General, setting out the powers and duties of the Chief Administrative Officer, and providing that as of Oct. 1, 2002, the Chief Administrative Officer would cease to be an employee of the General Accounting Office, would become an employee of the Capitol Police, and the Capitol Police Board would assume all responsibilities of the Comptroller General under this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–55 effective Aug. 2, 2005, see section 1909(f) of this title.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–7 applicable with respect to the first pay period beginning on or after Feb. 20, 2003, see section 1013(d) of Pub. L. 108–7, set out as a note under section 1902 of this title.
Effective Date of 2001 Amendment
Pub. L. 107–68, title I, §122(b), Nov. 12, 2001, 115 Stat. 576, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to pay periods beginning on or after October 1, 2001."
Effective Date of 2000 Amendment
Pub. L. 106–346, §101(a) [title V, §507(b)], Oct. 23, 2000, 114 Stat. 1356, 1356A-57, provided that: "The amendments made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2001 [H.R. 5657, as enacted by section 1(a)(2) of Pub. L. 106–554]."
Construction of 2010 Amendment
Pub. L. 111–145, §2(a)(6), Mar. 4, 2010, 124 Stat. 50, provided that: "Nothing in the amendments made by this subsection [amending this section and sections 1301, 1904, and 1907 of this title and repealing sections 1928 and 1929 of this title] may be construed to affect the status of any individual serving as an officer or employee of the United States Capitol Police as of the date of the enactment of this Act [Mar. 4, 2010]."
1 So in original. Probably should not be capitalized.
§1904. Certifying officers
(a) Appointment of certifying officers of the Capitol Police
The Chief Administrative Officer of the United States Capitol Police, or when there is not a Chief Administrative Officer, the Chief of the Capitol Police, shall appoint certifying officers to certify all vouchers for payment from funds made available to the United States Capitol Police.
(b) Responsibility and accountability of certifying officers
(1) In general
Each officer or employee of the Capitol Police who has been duly authorized in writing by the Chief Administrative Officer, or the Chief of the Capitol Police if there is not a Chief Administrative Officer, to certify vouchers pursuant to subsection (a) shall—
(A) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting papers and for the legality of the proposed payment under the appropriation or fund involved;
(B) be held responsible and accountable for the correctness of the computations of certified vouchers; and
(C) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by such officer or employee, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved.
(2) Relief by Comptroller General
The Comptroller General may, at the Comptroller General's discretion, relieve such certifying officer or employee of liability for any payment otherwise proper if the Comptroller General finds—
(A) that the certification was based on official records and that the certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained, the actual facts; or
(B) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment.
(c) Enforcement of liability
The liability of the certifying officers of the United States Capitol Police shall be enforced in the same manner and to the same extent as currently provided with respect to the enforcement of the liability of disbursing and other accountable officers, and such officers shall have the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment on any vouchers presented to them for certification.
(Pub. L. 106–554, §1(a)(2) [title I, §107], Dec. 21, 2000, 114 Stat. 2763, 2763A-103; Pub. L. 111–145, §2(a)(3), Mar. 4, 2010, 124 Stat. 49.)
Editorial Notes
Codification
Section was classified to section 207d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Amendments
2010—Subsecs. (a), (b)(1). Pub. L. 111–145 substituted "the Chief of the Capitol Police" for "the Capitol Police Board".
§1905. Deposit and use of reimbursements for law enforcement assistance
(a)(1) Any funds received by the Capitol Police as reimbursement for law enforcement assistance from any Federal, State, or local government agency (including any agency of the District of Columbia), and from any other source in the case of assistance provided in connection with an activity that was not sponsored by Congress shall be deposited in the United States Treasury for credit to the appropriation for "general expenses" under the heading "United States Capitol Police", or "security enhancements" under the heading "United States Capitol Police".
(2) Funds deposited under this subsection may be expended by the Chief of the United States Capitol Police for any authorized purpose, including overtime pay expenditures relating to any law enforcement assistance for which reimbursement described in paragraph (1) is made, and shall remain available until expended.
(b) This section shall take effect on July 24, 2001, and shall apply to fiscal year 2001 and each fiscal year thereafter.
(Pub. L. 107–20, title II, §2802, July 24, 2001, 115 Stat. 184; Pub. L. 111–145, §2(b)(1), Mar. 4, 2010, 124 Stat. 51; Pub. L. 114–113, div. I, title I, §1001(a), (b), Dec. 18, 2015, 129 Stat. 2663.)
Editorial Notes
Codification
Section was classified to section 207e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is from the Supplemental Appropriations Act, 2001.
Amendments
2015—Subsec. (a)(1). Pub. L. 114–113, §1001(a), substituted "District of Columbia), and from any other source in the case of assistance provided in connection with an activity that was not sponsored by Congress" for "District of Columbia)".
Subsec. (a)(2). Pub. L. 114–113, §1001(b), substituted "any law enforcement assistance for which reimbursement described in paragraph (1) is made" for "law enforcement assistance to any Federal, State, or local government agency (including any agency of the District of Columbia)".
2010—Subsec. (a)(1). Pub. L. 111–145, §2(b)(1)(A), substituted "United States Capitol Police" for "Capitol Police Board" in two places.
Subsec. (a)(2). Pub. L. 111–145, §2(b)(1)(B), substituted "Chief of the United States Capitol Police" for "Capitol Police Board".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–113, div. I, title I, §1001(c), Dec. 18, 2015, 129 Stat. 2663, provided that: "The amendments made by this section [amending this section] shall only apply with respect to any reimbursement received before, on, or after the date of the enactment of the Act [Dec. 18, 2015]."
Effective Date of 2010 Amendment
Pub. L. 111–145, §2(b)(2), Mar. 4, 2010, 124 Stat. 51, provided that: "The amendments made by paragraph (1) [amending this section] shall take effect as if included in the enactment of the Supplemental Appropriations Act, 2001 [Pub. L. 107–20]."
§1905a. Reimbursement for salaries paid 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, §111, May 4, 1977, 91 Stat. 87; Pub. L. 108–7, div. H, title I, §1018(h)(3), Feb. 20, 2003, 117 Stat. 369.)
Editorial Notes
Codification
Section was formerly classified to section 64–3 of this title.
Section is from the Supplemental Appropriations Act, 1977.
Amendments
2003—Pub. L. 108–7 substituted "Chief of the Capitol Police" for "Secretary of the Senate" and "the Capitol Police" for "the United States Senate".
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–7 effective Feb. 20, 2003, and applicable to fiscal year 2003 and each fiscal year thereafter, see section 1907(i) of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Federal Law Enforcement Training Center of the Department of the Treasury to the Secretary of Homeland Security, and for treatment of related references, see sections 203(4), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§1905b. Notification of obligation
(a) Beginning on March 15, 2022, the Chief of the United States Capitol Police shall provide written notice to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives before any obligation of funds under section 1905(a)(2) of this title that equals or exceeds $100,000.
(b) This section shall apply with respect to fiscal year 2022 and each fiscal year thereafter.
(Pub. L. 117–103, div. I, title I, §120, Mar. 15, 2022, 136 Stat. 513.)
§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, and property which is in the possession of the Capitol Police because it has been disposed, forfeited, voluntarily abandoned, or unclaimed, 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) 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, §1003, Feb. 20, 2003, 117 Stat. 357; Pub. L. 115–31, div. I, title I, §1001(a), May 5, 2017, 131 Stat. 578.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.
Amendments
2017—Subsec. (a). Pub. L. 115–31 substituted "surplus or obsolete property of the Capitol Police, and property which is in the possession of the Capitol Police because it has been disposed, forfeited, voluntarily abandoned, or unclaimed," for "surplus or obsolete property of the Capitol Police".
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Pub. L. 115–31, div. I, title I, §1001(c), May 5, 2017, 131 Stat. 578, provided that: "This section [enacting section 1982 of this title and amending this section] and the amendment made by this section shall apply with respect to fiscal year 2017 and each succeeding fiscal year."
§1907. Transfer of disbursing function
(a) In general
(1) Disbursing officer
The Chief of the Capitol Police shall be the disbursing officer for the Capitol Police. Any reference in any law or resolution before February 20, 2003, to funds paid or disbursed by the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate relating to the pay and allowances of Capitol Police employees shall be deemed to refer to the Chief of the Capitol Police.
(2) Transfer
Any statutory function, duty, or authority of the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate as disbursing officers for the Capitol Police shall transfer to the Chief of the Capitol Police as the single disbursing officer for the Capitol Police.
(3) Continuity of function during transition
Until such time as the Chief notifies the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate that systems are in place for discharging the disbursing functions under this subsection, the House of Representatives and the Senate shall continue to serve as the disbursing authority on behalf of the Capitol Police.
(b) Treasury accounts
(1) Salaries
(A) In general
There is established in the Treasury of the United States a separate account for the Capitol Police, into which shall be deposited appropriations received by the Chief of the Capitol Police and available for the salaries of the Capitol Police.
(B) Transfer authority during transition
Until such time as the Chief notifies the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate that systems are in place for discharging the disbursing functions under subsection (a), the Chief shall have the authority to transfer amounts in the account to the House of Representatives and the Senate to the extent necessary to enable the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate to continue to serve as the disbursing authority on behalf of the Capitol Police pursuant to subsection (a)(3).
(2) General expenses
There is established in the Treasury of the United States a separate account for the Capitol Police, into which shall be deposited appropriations received by the Chief of the Capitol Police and available for the general expenses of the Capitol Police.
(c) Transfer of funds, assets, accounts, records, and authority
(1) In general
The Chief Administrative Officer of the House of Representatives and the Secretary of the Senate are authorized and directed to transfer to the Chief of the Capitol Police all funds, assets, accounts, and copies of original records of the Capitol Police that are in the possession or under the control of the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate in order that all such items may be available for the unified operation of the Capitol Police. Any funds so transferred shall be deposited in the Treasury accounts established under subsection (b) and be available to the Chief of the Capitol Police for the same purposes as, and in like manner and subject to the same conditions as, the funds prior to the transfer.
(2) Existing transfer authority
Any transfer authority existing before February 20, 2003, granted to the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate for salaries, expenses, and operations of the Capitol Police shall be transferred to the Chief of the Capitol Police.
(d) Unexpended balances
Except as may otherwise be provided in law, the unexpended balances of appropriations for the fiscal year 2003 and succeeding fiscal years that are subject to disbursement by the Chief of the Capitol Police shall be withdrawn as of September 30 of the fifth 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.
(e) Hiring authority; eligibility for same benefits as House employees
(1) Authority
(A) In general
The Chief of the Capitol Police, in carrying out the duties of office, is authorized to appoint, hire, suspend with or without pay, discipline, discharge, and set the terms, conditions, and privileges of employment of employees of the Capitol Police, subject to and in accordance with applicable laws and regulations.
(B) Special rule for terminations
The Chief may terminate an officer, member, or employee only after the Chief has provided notice of the termination to the Capitol Police Board (in such manner as the Board may from time to time require) and the Board has approved the termination, except that if the Board has not disapproved the termination prior to the expiration of the 30-day period which begins on the date the Board receives the notice, the Board shall be deemed to have approved the termination.
(C) Notice or approval
The Chief of the Capitol Police shall provide notice or receive approval, as required by the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, as each Committee determines appropriate for—
(i) the exercise of any authority under subparagraph (A); or
(ii) the establishment of any new position for officers, members, or employees of the Capitol Police, for reclassification of existing positions, for reorganization plans, or for hiring, termination, or promotion for officers, members, or employees of the Capitol Police.
(2) Benefits
Employees of the Capitol Police who are appointed by the Chief under the authority of this subsection shall be subject to the same type of benefits (including the payment of death gratuities, the withholding of debt, and health, retirement, Social Security, and other applicable employee benefits) as are provided to employees of the House of Representatives, and any such individuals serving as employees of the Capitol Police as of February 20, 2003, shall be subject to the same rules governing rights, protections, pay, and benefits in effect immediately before such date until such rules are changed under applicable laws or regulations.
(f) Repealed. Pub. L. 113–76, div. I, title I, §1002(b), Jan. 17, 2014, 128 Stat. 424
(g) Effect on existing law
(1) In general
The provisions of this section shall not be construed to reduce the pay or benefits of any employee of the Capitol Police whose pay was disbursed by the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate before February 20, 2003.
(2) Superseding provisions
All provisions of law inconsistent with this section are hereby superseded to the extent of the inconsistency.
(h) Omitted
(i) Effective date
This section and the amendments made by this section shall take effect on February 20, 2003, and shall apply to fiscal year 2003 and each fiscal year thereafter.
(Pub. L. 108–7, div. H, title I, §1018, Feb. 20, 2003, 117 Stat. 366; Pub. L. 111–145, §2(a)(4)(A), Mar. 4, 2010, 124 Stat. 49; Pub. L. 113–76, div. I, title I, §1002(b), Jan. 17, 2014, 128 Stat. 424.)
Editorial Notes
References in Text
For the amendments made by this section, referred to in subsec. (i), see Codification note below.
Codification
Section is comprised of section 1018 of div. H of Pub. L. 108–7. Subsec. (h) of section 1018 of Pub. L. 108–7 amended sections 1901 and 1905a of this title and repealed section 1921 of this title.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.
Amendments
2014—Pub. L. 113–76 struck out subsec. (f) which established a worker's compensation account for the Capitol Police.
2010—Subsec. (e)(1). Pub. L. 111–145 added par. (1) and struck out former par. (1) which authorized the Chief of the Capitol Police to appoint, hire, discharge, and set the terms, conditions, and privileges of employment of employees of the Capitol Police, subject to review and approval.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Pub. L. 113–76, div. I, title I, §1002(c), Jan. 17, 2014, 128 Stat. 424, provided that: "This section [enacting section 1907b of this title and amending this section] shall apply with respect to appropriations for fiscal year 2014 and each fiscal year thereafter."
§1907a. Authority to transfer amounts between salaries and general expenses
During fiscal year 2014 and any succeeding fiscal year, the Capitol Police may transfer amounts appropriated for the fiscal year between the category for salaries and the category for general expenses, upon the approval of the Committees on Appropriations of the House of Representatives and Senate.
(Pub. L. 113–76, div. I, title I, §1001, Jan. 17, 2014, 128 Stat. 424.)
§1907b. Funds available for workers compensation payments
Available balances of expired United States Capitol Police appropriations shall be available to the Capitol Police to make the deposit to the credit of the Employees' Compensation Fund required by section 8147(b) of title 5.
(Pub. L. 113–76, div. I, title I, §1002(a), Jan. 17, 2014, 128 Stat. 424.)
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to appropriations for fiscal year 2014 and each fiscal year thereafter, see section 1002(c) of Pub. L. 113–76, set out as an Effective Date of 2014 Amendment note under section 1907 of this title.
§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 to the Chief of Police and the United States Capitol Police;
(B) the Employment Counsel to the Chief of Police 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) shall be subject to the direction of the Capitol Police Board.
(2) United States Supreme Court
The authority under subsection (a) shall not apply with respect to the admission of any person to practice before the United States Supreme Court.
(c) Effective date
This section shall apply to fiscal year 2004, and each fiscal year thereafter.
(Pub. L. 108–83, title I, §1002, Sept. 30, 2003, 117 Stat. 1020; Pub. L. 111–145, §§3(b)(1), 4(a)(1), Mar. 4, 2010, 124 Stat. 52.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2004.
Amendments
2010—Subsec. (a)(2)(A). Pub. L. 111–145, §3(b)(1), substituted "the General Counsel to the Chief of Police and the United States Capitol Police" for "the General Counsel for the United States Capitol Police Board and the Chief of the Capitol Police".
Subsec. (a)(2)(B). Pub. L. 111–145, §4(a)(1), substituted "the Employment Counsel to the Chief of Police and the United States Capitol Police" for "the Employment Counsel for the United States Capitol Police Board and the United States Capitol Police".
Statutory Notes and Related Subsidiaries
Construction of 2010 Amendment
Pub. L. 111–145, §3(b)(2), Mar. 4, 2010, 124 Stat. 52, provided that: "Nothing in the amendment made by paragraph (1) [amending this section] may be construed to affect the authority of any individual to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof which is initiated prior to the date of the enactment of this Act [Mar. 4, 2010]."
Pub. L. 111–145, §4(a)(2), Mar. 4, 2010, 124 Stat. 52, provided that: "Nothing in the amendment made by paragraph (1) [amending this section] may be construed to affect the authority of any individual to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof which is initiated prior to the date of the enactment of this Act [Mar. 4, 2010]."
Pub. L. 111–145, §4(b), Mar. 4, 2010, 124 Stat. 52, provided that: "Nothing in this section [amending this section and enacting provisions set out as a note above] or the amendments made by this section may be construed to affect the status of the individual serving as the Employment Counsel to the Chief of Police and the United States Capitol Police as of the date of the enactment of this Act [Mar. 4, 2010]."
§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 Publishing 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 404 of title 5, under the same terms and conditions which apply under such section.
(2) Semiannual reports
The Inspector General shall prepare and submit semiannual reports summarizing the activities of the Office in the same manner, and in accordance with the same deadlines, terms, and conditions, as an Inspector General of an establishment under section 405 (other than subsection (b)(13) thereof) of title 5. For purposes of applying section 405 of such title 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 405(c) of such title.
(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 406(a) of title 5, other than paragraphs (7) and (8) of such section.
(2) Staff
(A) In general
The Inspector General may appoint and fix the pay of such personnel as the Inspector General considers appropriate. Such personnel may be appointed without regard to the provisions of title 5 regarding appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no personnel of the Office (other than the Inspector General) may be paid at an annual rate greater than $500 less than the annual rate of pay of the Inspector General under subsection (b)(4).
(B) Experts and consultants
The Inspector General may procure temporary and intermittent services under section 3109 of title 5 at rates not to exceed the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title.
(C) Independence in appointing staff
No individual may carry out any of the duties or responsibilities of the Office unless the individual is appointed by the Inspector General, or provides services procured by the Inspector General, pursuant to this paragraph. Nothing in this subparagraph may be construed to prohibit the Inspector General from entering into a contract or other arrangement for the provision of services under this section.
(D) Applicability of Capitol Police personnel rules
None of the regulations governing the appointment and pay of employees of the Capitol Police shall apply with respect to the appointment and compensation of the personnel of the Office, except to the extent agreed to by the Inspector General. Nothing in the previous sentence may be construed to affect subparagraphs (A) through (C).
(3) Equipment and supplies
The Chief of the Capitol Police shall provide the Office with appropriate and adequate office space, together with such equipment, supplies, and communications facilities and services as determined by the Inspector General to be necessary for the operation of the Office, and shall provide necessary maintenance services for such office space and the equipment and facilities located therein.
(e) Transfer of functions
(1) Transfer
To the extent that any office or entity in the Capitol Police prior to the appointment of the first Inspector General under this section carried out any of the duties and responsibilities assigned to the Inspector General under this section, the functions of such office or entity shall be transferred to the Office upon the appointment of the first Inspector General under this section.
(2) No reduction in pay or benefits
The transfer of the functions of an office or entity to the Office under paragraph (1) may not result in a reduction in the pay or benefits of any employee of the office or entity, except to the extent required under subsection (d)(2)(A).
(f) Effective date
This section shall be effective on August 2, 2005.
(Pub. L. 109–55, title I, §1004, Aug. 2, 2005, 119 Stat. 572; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 117–286, §4(b)(4), Dec. 27, 2022, 136 Stat. 4342.)
Editorial Notes
References in Text
The provisions of title 5 regarding appointments in the competitive service, referred to in subsec. (d)(2)(A), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.
Codification
Section is comprised of section 1004 of Pub. L. 109–55. Subsec. (g) of section 1004 of Pub. L. 109–55 amended section 1903 of this title.
Section is from the Legislative Branch Appropriations Act, 2006.
Amendments
2022—Subsec. (c)(1). Pub. L. 117–286, §4(b)(4)(A), substituted "section 404 of title 5," for "section 4 of the Inspector General Act of 1978, (5 U.S.C. App. 4),".
Subsec. (c)(2). Pub. L. 117–286, §4(b)(4)(B), substituted "section 405 (other than subsection (b)(13) thereof) of title 5." for "section 5 (other than subsection (a)(13) thereof) of the Inspector General Act of 1978, (5 U.S.C. App. 5).", "section 405 of such title" for "section 5 of such Act", and "section 405(c) of such title." for "section 5(b) of such Act."
Subsec. (d)(1). Pub. L. 117–286, §4(b)(4)(C), substituted "section 406(a) of title 5, other than paragraphs (7) and (8) of such section." for "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."
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (b)(1) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
§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) 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, §1005, Aug. 2, 2005, 119 Stat. 575.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2006.
§1911. General Counsel to the Chief of Police and the United States Capitol Police
(1) In general
There shall be within the United States Capitol Police the General Counsel to the Chief of Police and the United States Capitol Police (in this subsection referred to as the "General Counsel"), who shall report to and serve at the pleasure of the Chief of the United States Capitol Police.
(2) Appointment
The General Counsel shall be appointed by the Chief of the Capitol Police in accordance with section 1907(e)(1) of this title (as amended by section 2(a)(4)),1 after consultation with the Capitol Police Board, without regard to political affiliation and solely on the basis of fitness to perform the duties of the position.
(3) Compensation
(A) In general
Subject to subparagraph (B), the annual rate of pay for the General Counsel shall be fixed by the Chief of the Capitol Police.
(B) Limitation
The annual rate of pay for the General Counsel may not exceed an annual rate equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police.
(4) Omitted
(5) No effect on current General Counsel
Nothing in this section or the amendments made by this section may be construed to affect the status of the individual serving as the General Counsel to the Chief of Police and the United States Capitol Police as of March 4, 2010.
(Pub. L. 111–145, §3(a), Mar. 4, 2010, 124 Stat. 51.)
Editorial Notes
References in Text
Section 2(a)(4), referred to in par. (2), means section 2(a)(4) of Pub. L. 111–145.
For the amendments made by this section, referred to in par. (5), see Codification note below.
Codification
Section is comprised of subsec. (a) of section 3 of Pub. L. 111–145. Subsec. (a)(4) of section 3 of Pub. L. 111–145 repealed section 84–2 of this title, now section 5521 of this title, and provisions set out as a note under section 1901 of this title.
1 See References in Text note below.
§1912. Volunteer chaplain services
(a) The Chief of the Capitol Police shall have authority to accept unpaid religious chaplain services, whereby volunteers from multiple faiths, authorized by their respective religious endorsing agency or organization, may advise, administer, and perform spiritual care and religious guidance for Capitol Police employees.
(b) Chaplains shall not be required to perform any rite, ritual, or ceremony, and employees shall not be required to receive such rite, ritual, or ceremony, if doing so would compromise the conscience, moral principles, or religious beliefs of such chaplain or employees or the chaplain's endorsing agency or organization.
(c)
(Pub. L. 117–328, div. I, title I, §120, Dec. 29, 2022, 136 Stat. 4926.)
Part B—Compensation and Other Personnel Matters
§1921. Repealed. Pub. L. 108–7, div. H, title I, §1018(h)(2), Feb. 20, 2003, 117 Stat. 369
Section, R.S. §1822, provided that Capitol Police would be paid on the order of the Sergeant at Arms of the Senate or the House.
Editorial Notes
Codification
Section was classified to section 207 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 20, 2003, and applicable to fiscal year 2003 and each fiscal year thereafter, see section 1907(i) of this title.
§1921a. Sole and exclusive authority of Board and Chief to determine rates of pay
(a) In general
The Capitol Police Board and the Chief of the Capitol Police shall have the sole and exclusive authority to determine the rates and amounts for each of the following for members of the Capitol Police:
(1) The rate of basic pay (including the rate of basic pay upon appointment), premium pay, specialty assignment and proficiency pay, and merit pay.
(2) The rate of cost-of-living adjustments, comparability adjustments, and locality adjustments.
(3) The amount for recruitment and relocation bonuses.
(4) The amount for retention allowances.
(5) The amount for educational assistance payments.
(b) No review or appeal permitted
The determination of a rate or amount described in subsection (a) may not be subject to review or appeal in any manner.
(c) Rule of construction
Nothing in this section may be construed to affect—
(1) any authority provided under law for a committee of the House of Representatives or Senate, or any other entity of the legislative branch, to review or approve any determination of a rate or amount described in subsection (a);
(2) any rate or amount described in subsection (a) which is established under law; or
(3) the terms of any collective bargaining agreement.
(d) 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, §1004, Dec. 8, 2004, 118 Stat. 3180.)
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
§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, §9C, as added Pub. L. 102–397, title I, §102, Oct. 6, 1992, 106 Stat. 1950; amended Pub. L. 104–186, title II, §221(12), Aug. 20, 1996, 110 Stat. 1750.)
Editorial Notes
Codification
Section was classified to section 207a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Amendments
1996—Pub. L. 104–186 substituted "House Oversight" for "House Administration".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date
Pub. L. 102–397, title I, §104, Oct. 6, 1992, 106 Stat. 1950, as amended by Pub. L. 102–392, title III, §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."
[Pub. L. 102–392, title III, §321, Oct. 6, 1992, 106 Stat. 1726, provided that the amendment made by that section to section 104 of Pub. L. 102–397, set out above, is effective Oct. 6, 1992.]
§1923. Unified schedules of rates of basic pay and leave system
(a) Rates of basic pay
(1) The Capitol Police Board shall establish and maintain unified schedules of rates of basic pay for members and civilian employees of the Capitol Police which shall apply to both members and employees whose appointing authority is an officer of the Senate and members and employees whose appointing authority is an officer of the House of Representatives.
(2) The Capitol Police Board may, from time to time, adjust any schedule established under paragraph (1) to the extent that the Board determines appropriate to reflect changes in the cost of living and to maintain pay comparability.
(3) A schedule established or revised under paragraph (1) or (2) shall take effect only upon approval by the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate.
(4) A schedule approved under paragraph (3) shall have the force and effect of law.
(b) Leave system
(1) The Capitol Police Board shall prescribe, by regulation, a unified leave system for members and civilian employees of the Capitol Police which shall apply to both members and employees whose appointing authority is an officer of the Senate and members and employees whose appointing authority is an officer of the House of Representatives. The leave system shall include provisions for—
(A) annual leave, based on years of service;
(B) sick leave;
(C) administrative leave;
(D) leave under the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.);
(E) leave without pay and leave with reduced pay, including provisions relating to contributions for benefits for any period of such leave;
(F) approval of all leave by the Chief or the designee of the Chief;
(G) the order in which categories of leave shall be used;
(H) use, accrual, and carryover rules and limitations, including rules and limitations for any period of active duty in the Armed Forces;
(I) advance of annual leave or sick leave after a member or civilian employee has used all such accrued leave;
(J) buy back of annual leave or sick leave used during an extended recovery period in the case of an injury in the performance of duty;
(K) the use of accrued leave before termination of the employment as a member or civilian employee of the Capitol Police, with provision for lump sum payment for unused annual leave; and
(L) a leave-sharing program.
(2) The leave system under this section may not provide for the accrual of either annual or sick leave for any period of leave without pay or leave with reduced pay.
(3) All provisions of the leave system established under this subsection shall be subject to the approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate. All regulations approved under this subsection shall have the force and effect of law.
(c) Lump sum payments
(1) Upon the approval of the Capitol Police Board, a member or civilian employee of the Capitol Police who is separated from service may be paid a lump sum payment for the accrued annual leave of the member or civilian employee.
(2) The lump sum payment under paragraph (1)—
(A) shall equal the pay the member or civilian employee would have received had such member or employee remained in the service until the expiration of the period of annual leave;
(B) shall be paid from amounts appropriated to the Capitol Police;
(C) shall be based on the rate of basic pay in effect with respect to the member or civilian employee on the last day of service of the member or civilian employee;
(D) shall not be calculated on the basis of extending the period of leave described under subparagraph (A) by any holiday occurring after the date of separation from service;
(E) shall be considered pay for taxation purposes only; and
(F) shall be paid only after the Chairman of the Capitol Police Board certifies the applicable period of leave to the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate.
(3) A member or civilian employee of the Capitol Police who enters active duty in the Armed Forces may—
(A) receive a lump sum payment for accrued annual leave in accordance with this subsection, in addition to any pay or allowance payable from the Armed Forces; or
(B) elect to have the leave remain to the credit of such member or civilian employee until such member or civilian employee returns from active duty.
(4) The Capitol Police Board may prescribe regulations to carry out this subsection. No lump sum payment may be paid under this subsection until such regulations are approved by the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives. All regulations approved under this subsection shall have the force and effect of law.
(d) Effect on appointment authority
Nothing in this section shall be construed to affect the appointing authority of any officer of the Senate or the House of Representatives.
(Pub. L. 105–55, title I, §111, Oct. 7, 1997, 111 Stat. 1186.)
Editorial Notes
References in Text
The Family and Medical Leave Act of 1993, referred to in subsec. (b)(1)(D), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§2601 et seq.) of Title 29, Labor, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.
Codification
Section was classified to section 207b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§1924. Repealed. Pub. L. 111–145, §5(a)(2)(A), Mar. 4, 2010, 124 Stat. 53
Section, Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 636; Pub. L. 93–245, ch. VI, §600, Jan. 3, 1974, 87 Stat. 1079; Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 104–186, title II, §221(10), (11), Aug. 20, 1996, 110 Stat. 1750, related to emergency duty overtime pay from funds disbursed by the Chief Administrative Officer.
Editorial Notes
Codification
Section was classified to section 206b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Subsecs. (a) to (f) of this section were based on section 3 of H. Res. No. 449, Ninety-second Congress, June 2, 1971, enacted into permanent law by Pub. L. 92–184, as amended by H. Res. No. 398, Ninety-third Congress, June 4, 1973, eff. Jan. 3, 1974, enacted into permanent law by Pub. L. 93–245, and H. Res. No. 1309, Ninety-third Congress, Oct. 10, 1974, eff. Dec. 27, 1974, enacted into permanent law by Pub. L. 93–554.
Subsec. (g) of this section was based on section 3 of H. Res. No. 1309, Ninety-third Congress, Oct. 10, 1974, eff. Dec. 27, 1974, enacted into permanent law by Pub. L. 93–554, and was repealed by Pub. L. 104–186, title II, §221(11)(B), Aug. 20, 1996, 110 Stat. 1750.
As originally codified, this section consisted of two undesignated pars. based on sections 3 and 5 of H. Res. No. 449, Ninety-second Congress, June 2, 1971, enacted into permanent law by Pub. L. 92–184. Section 5 of H. Res. No. 449 was superseded by section 3 of H. Res. No. 1309, formerly set out as subsec. (g) of this section, and was subsequently repealed by Pub. L. 104–186, title II, §221(11)(B), Aug. 20, 1996, 110 Stat. 1750.
§1925. Repealed. Pub. L. 111–145, §5(a)(2)(B), Mar. 4, 2010, 124 Stat. 53
Section, Pub. L. 92–51, July 9, 1971, 85 Stat. 130; Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93–371, §5, Aug. 13, 1974, 88 Stat. 430, related to emergency duty overtime pay from funds disbursed by Secretary of the Senate.
Editorial Notes
Codification
Section was classified to section 206c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§1926. Educational assistance program for employees
(a) Establishment
In order to recruit or retain qualified personnel, the Chief of the Capitol Police may establish an educational assistance program for employees of the Capitol Police under which the Capitol Police may agree—
(1) to repay (by direct payments on behalf of the participating employee) all or any portion of a student loan previously taken out by the employee;
(2) to make direct payments to an educational institution on behalf of a participating employee or to reimburse a participating employee for all or any portion of any tuition or related educational expenses paid by the employee.
(b) Special rules for student loan repayments
(1) Application of regulations under executive branch program
In carrying out subsection (a)(1), 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) 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) 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 $80,000.
(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, §908, Jan. 10, 2002, 115 Stat. 2319; Pub. L. 108–7, div. H, title I, §1007, Feb. 20, 2003, 117 Stat. 358; Pub. L. 116–94, div. E, title I, §120, Dec. 20, 2019, 133 Stat. 2763; Pub. L. 116–260, div. I, title I, §120, Dec. 27, 2020, 134 Stat. 1643.)
Editorial Notes
Codification
Section was classified to section 207b–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Amendments
2020—Subsec. (c). Pub. L. 116–260 substituted "$80,000" for "$60,000".
2019—Subsec. (c). Pub. L. 116–94 substituted "$60,000" for "$40,000".
2003—Pub. L. 108–7 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to student loan repayment program.
Statutory Notes and Related Subsidiaries
Deadline for Regulations
Pub. L. 108–7, div. H, title I, §1020, Feb. 20, 2003, 117 Stat. 370, provided that: "Not later than 60 days after the date of the enactment of this Act [Feb. 20, 2003], the Chief of the Capitol Police shall promulgate any regulations required by sections 1004, 1006, 1007, and 1011 of this Act [enacting section 1931 of this title and amending this section and section 1927 of this title]."
§1927. Bonuses, retention allowances, and additional compensation
(a) Recruitment and relocation bonuses
(1) Authorization of payment
The Capitol Police Board (hereafter in this section referred to as the "Board") may authorize the Chief of the United States Capitol Police (hereafter in this section referred to as the "Chief") to pay a bonus to an individual who is newly appointed to a position as an officer or employee of the Capitol Police, and to pay an additional bonus to an individual who must relocate to accept a position as an officer or employee of the Capitol Police, if the Chief, in the Chief's sole discretion, determines that such a bonus will assist the Capitol Police in recruitment efforts.
(2) Amount of payment
The amount of a bonus under this subsection shall be determined by regulations of the Board, but the amount of any bonus paid to an individual under this subsection may not exceed 25 percent of the annual rate of basic pay of the position to which the individual is being appointed.
(3) Minimum period of service required
Payment of a bonus under this subsection shall be contingent upon the individual entering into an agreement with the Capitol Police to complete a period of employment with the Capitol Police, with the required period determined pursuant to regulations of the Board. If the individual voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the individual shall repay the bonus on a pro rata basis.
(4) Bonus not considered part of basic pay
A bonus under this subsection shall be paid as a lump sum, and may not be considered to be part of the basic pay of the officer or employee.
(5) Payment permitted prior to commencement of duty
Under regulations of the Board, a bonus under this subsection may be paid to a newly-hired officer or employee before the officer or employee enters on duty.
(6) Determination not appealable or reviewable
Any determination of the Chief under this subsection shall not be appealable or reviewable in any manner.
(b) Retention allowances
(1) Authorization of payment
The Board may authorize the Chief to pay an allowance to an officer or employee of the United States Capitol Police if the Chief, in the Chief's sole discretion, determines that such a bonus will assist the Capitol Police in retention efforts.
(2) Amount of payment
A retention allowance, which shall be stated as a percentage of the rate of basic pay of the officer or employee, may not exceed 25 percent of such rate of basic pay.
(3) Payment not considered part of basic pay
A retention allowance may not be considered to be part of the basic pay of an officer or employee, and any determination of the Chief under this subsection, or the reduction or elimination of a retention allowance, shall not be appealable or reviewable in any manner. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under any of the laws made applicable to the Capitol Police pursuant to section 1302 of this title.
(4) Time and manner of payment
A retention allowance under this subsection shall be paid at the same time and in the same manner as the officer's or employee's basic pay is paid.
(c) Lump sum incentive and merit bonus payments
(1) In general
The Board may pay an incentive or merit bonus to an officer or employee of the United States Capitol Police who meets such criteria for receiving the bonus as the Board may establish.
(2) Bonus not considered part of basic pay
A bonus under this subsection shall be paid as a lump sum, and may not be considered to be part of the basic pay of the officer or employee.
(d) Service step increases for meritorious service for officers
Upon the approval of the Chief—
(1) an officer of the United States Capitol Police in a service step who has demonstrated meritorious service (in accordance with criteria established by the Chief or the Chief's designee) may be advanced in compensation to the next higher service step, effective with the first pay period which begins after the date of the Chief's approval; and
(2) an officer of the United States Capitol Police in a service step who has demonstrated extraordinary performance (in accordance with criteria established by the Chief or the Chief's designee) may be advanced in compensation to the second next higher service step, effective with the first pay period which begins after the date of the Chief's approval.
(e) Regulations
(1) In general
The payment of bonuses, allowances, step increases, compensation, and other payments pursuant to this section shall be carried out in accordance with regulations prescribed by the Board.
(2) Repealed. Pub. L. 108–7, div. H, title I, §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, §909, Jan. 10, 2002, 115 Stat. 2320; Pub. L. 108–7, div. H, title I, §§1004, 1006, Feb. 20, 2003, 117 Stat. 358.)
Editorial Notes
Codification
Section was classified to section 207b–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Amendments
2003—Subsec. (a)(1). Pub. L. 108–7, §1004(1)(A), substituted "the Chief, in the Chief's sole discretion, determines that such a bonus will assist the Capitol Police in recruitment efforts" for "the Board determines that the Capitol Police would be likely, in the absence of such a bonus, to encounter difficulty in filling the position".
Subsec. (a)(6). Pub. L. 108–7, §1004(1)(B), added par. (6).
Subsec. (b)(1). Pub. L. 108–7, §1006(1), substituted "if the Chief, in the Chief's sole discretion, determines that such a bonus will assist the Capitol Police in retention efforts." for "if—" and struck out pars. (A) and (B) which read as follows:
"(A) the unusually high or unique qualifications of the officer or employee or a special need of the Capitol Police for the officer's or employee's services makes it essential to retain the officer or employee; and
"(B) the Chief determines that the officer or employee would be likely to leave in the absence of a retention allowance."
Subsec. (b)(3). Pub. L. 108–7, §1006(2), which directed the substitution of "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" for "the reduction or the elimination of a retention allowance may not be appealed", was executed by making the substitution for "the reduction or elimination of a retention allowance may not be appealed", to reflect the probable intent of Congress.
Subsec. (e). Pub. L. 108–7, §1004(2), (3), redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to additional compensation for field training officers.
Subsec. (f). Pub. L. 108–7, §1004(3), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).
Subsec. (f)(2). Pub. L. 108–7, §1004(2), struck out heading and text of par. (2). Text read as follows: "The regulations prescribed pursuant to this subsection shall be subject to the approval of the Committee on Rules and Administration of the Senate, the Committee on House Administration of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives."
Subsec. (g). Pub. L. 108–7, §1004(3), redesignated subsec. (g) as (f).
Statutory Notes and Related Subsidiaries
Capitol Police Longevity Compensation
Pub. L. 88–454, §104(c), Aug. 20, 1964, 78 Stat. 550, provided that: "Any member of the Capitol Police who by reason of the provision repealed by subsection (b) [subsec. (c) of section 4507 of this title] was receiving immediately prior to the effective date of this section [Sept. 1, 1964], longevity compensation provided by [former] section 105 of the Legislative Branch Appropriation Act, 1959 [Pub. L. 85–570, 72 Stat. 453], shall, on and after such effective date, receive in lieu thereof a longevity increase under section 106(b) of the Legislative Branch Appropriation Act, 1963 [2 U.S.C. 4507(b)], 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 [former] section 105 shall be counted."
[Section 4507 of this title, referred to above, not to apply, on or after Oct. 1, 1983, to any individual whose pay is disbursed by the Secretary of the Senate except for individuals entitled to longevity compensation prior to Oct. 1, 1983, on the basis of service performed prior to such date, see section 4509 of this title.]
[Pub. L. 88–454, §104(d), Aug. 20, 1964, 78 Stat. 550, provided that: "This section [amending section 4507 of this title and enacting provisions set out as a note above] shall become effective on the first day of the month following the date of enactment of this Act [Aug. 20, 1964]."]
§1928. Repealed. Pub. L. 111–145, §2(a)(4)(B)(i), Mar. 4, 2010, 124 Stat. 50
Section, R.S. §1823; Mar. 3, 1921, ch. 124, §1, 41 Stat. 1291, related to suspension of members of the force.
Editorial Notes
Codification
Section was classified to section 208 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
R.S. §1823 derived from acts Mar. 3, 1873, ch. 226, 17 Stat. 488; June 20, 1874, ch. 328, 18 Stat. 86; Mar. 3, 1875, ch. 129, 18 Stat. 345.
§1929. Repealed. Pub. L. 111–145, §2(a)(4)(B)(ii), Mar. 4, 2010, 124 Stat. 50
Section, Mar. 3, 1875, ch. 129, 18 Stat. 345, related to pay of members under suspension.