I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/11/93 at 04:32:59. Database: USCODE Search: (02:CITE) ------DocID 6910 Document 1 of 1400------ -CITE- 2 USC TITLE 2 -EXPCITE- TITLE 2 -HEAD- TITLE 2 - THE CONGRESS -MISC1- Chap. Sec. 1. Election of Senators and Representatives 1 2. Organization of Congress 21 3. Compensation and Allowances of Members 31 4. Officers and Employees of Senate and House of Representatives 60 5. Library of Congress 131 6. Congressional and Committee Procedure; Investigations 190 7. Contested Elections (Repealed) 201 8. Federal Corrupt Practices (Repealed) 241 8A. Regulation of Lobbying 261 9. Office of Legislative Counsel 271 9A. Office of Law Revision Counsel 285 9B. Legislative Classification Office 286 9C. Office of Parliamentarian of House of Representatives 287 9D. Office of Senate Legal Counsel 288 10. Classification of Employees of House of Representatives 291 10A. Payroll Administration in House of Representatives 331 11. Citizens' Commission on Public Service and Compensation 351 12. Contested Elections 381 13. Joint Committee on Congressional Operations 411 14. Federal Election Campaigns 431 15. Office of Technology Assessment 471 16. Congressional Mailing Standards 501 17. Congressional Budget Office 601 17A. Congressional Budget and Fiscal Operations 621 17B. Impoundment Control 681 18. Legislative Personnel Financial Disclosure Requirements 701 19. Congressional Award Program 801 20. Emergency Powers To Eliminate Budget Deficits 901 21. Civic Achievement Award Program in Honor of Office of Speaker of House of Representatives (Repealed) 1001 22. John C. Stennis Center for Public Service Training and Development 1101 ------DocID 6915 Document 2 of 1400------ -CITE- 2 USC Sec. 2 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 2. Omitted -COD- CODIFICATION Section, act Aug. 8, 1911, ch. 5, Sec. 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. ------DocID 6925 Document 3 of 1400------ -CITE- 2 USC CHAPTER 2 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- CHAPTER 2 - ORGANIZATION OF CONGRESS -MISC1- Sec. 21. Oath of Senators. 22. Oath of President of Senate. 23. Presiding officer of Senate may administer oaths. 24. Secretary of Senate or assistant secretary may administer oaths. 25. Oath of Speaker, Members, and Delegates. 25a. Delegate to House of Representatives from District of Columbia. 25b. Delegate from District of Columbia; applicability of certain Federal laws. 26. Roll of Representatives-elect. 27. Change of place of meeting. 28. Parliamentary precedents of House of Representatives. (a) Periodic compilation; other useful materials; index digest; date of completion. (b) Form, number, and distribution of compilation. (c) Appointment and compensation of personnel; utilization of services of personnel of Federal agencies. 28a. Compilation of the Precedents of House of Representatives; date of completion; biennial update; printing and availability of copies. 28b. Printing and binding as public document of Precedents of House of Representatives; number of sets authorized. 28c. Distribution of Precedents by Public Printer. (a) Delivery to Members of Ninety-fifth Congress; marking of volumes. (b) Members of Congress following Ninety-fifth Congress not already having sets of Precedents; necessity of written request to Superintendent of Documents for set. (c) Additional distribution of sets. 28d. Distribution of Precedents by Public Printer for official use; particular distribution; marking and ownership of sets. 28e. Distribution of Precedents by Joint Committee on Printing of surplus sets; additional printing, etc., of sets under authority of Joint Committee. 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. 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. (b) Payment and reimbursement for travel and per diem expenses for Members attending caucus or conference; exceptions; regulations governing payments and reimbursements; reimbursement vouchers. (c) Availability of House contingent fund. 29b, 29c. Omitted. 29d. Committee on Standards of Official Conduct of House of Representatives. (a) Omitted. (b) Committee composition. (c) Investigative subcommittees. (d) Adjudicatory subcommittees. (e) to (h) Omitted. (i) Advice and education. (j) Effective date. 30. Term of service of Members of Congress as trustees or directors of corporations or institutions appropriated for. 30a. Jury duty exemption of elected officials of legislative branch. ------DocID 6950 Document 4 of 1400------ -CITE- 2 USC Sec. 31-2 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31-2. Gifts and travel -STATUTE- (a) Gifts (1) No Member, officer, or employee of the Senate, or the spouse or dependent thereof, shall knowingly accept, directly or indirectly, any gift or gifts having an aggregate value exceeding $100 during a calendar year directly or indirectly from any person, organization, or corporation having a direct interest in legislation before the Congress or from any foreign national unless, in an unusual case, a waiver is granted by the Select Committee on Ethics. (2) No Member, officer, or employee of the Senate, or the spouse or dependent thereof, shall knowingly accept, directly or indirectly, any gift or gifts having an aggregate value exceeding $300 during a calendar year from any person, organization, or corporation unless, in an unusual case, a waiver is granted by the Select Committee on Ethics. (3) In determining the aggregate value of any gift or gifts accepted by an individual during a calendar year from any person, organization, or corporation, there may be deducted the aggregate value of gifts (other than gifts described in paragraph (5)) given by such individual to such person, organization, or corporation during that calendar year. (4) For purposes of this subsection, only the following shall be deemed to have a direct interest in legislation before the Congress: (A) a person, organization, or corporation registered under the Federal Regulation of Lobbying Act of 1946 (2 U.S.C. 261 et seq.), or any successor statute, a person who is an officer or director of such a registered lobbyist, or a person who has been employed or retained by such a registered lobbyist for the purpose of influencing legislation before the Congress; or (B) a corporation, labor organization, or other organization which maintains a separate segregated fund for political purposes (within the meaning of section 441b (FOOTNOTE 1) of this title), a person who is an officer or director of such corporation, labor organization, or other organization, or a person who has been employed or retained by such corporation, labor organization, or other organization for the purpose of influencing legislation before the Congress. (FOOTNOTE 1) See References in Text note below. (5) The prohibitions of this subsection do not apply to gifts - (A) from relatives; (B) with a value of less than $75; or (C) of personal hospitality of an individual. (6) For purposes of this subsection - (A) the term 'foreign national' means a person acting directly or indirectly on behalf of a foreign corporation, partnership, or business enterprise, a foreign trade, cultural, educational, or other association, a foreign political party, or a foreign government; (B) the term 'gift' means a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything of value, including food, lodging, transportation, or entertainment, and reimbursement for other than necessary expenses, unless consideration of equal or greater value is received, but does not include (1) a political contribution otherwise reported as required by law, (2) a loan made in a commercially reasonable manner (including requirements that the loan be repaid and that a reasonable rate of interest be paid), (3) a bequest, inheritance, or other transfer at death, (4) a bona fide award presented in recognition of public service and available to the general public, (5) a reception at which the Member, officer, or employee is to be honored, provided such individual receives no other gifts that exceed the restrictions in this rule, other than a suitable memento, (6) meals or beverages consumed or enjoyed, provided the meals or beverages are not consumed or enjoyed in connection with a gift of overnight lodging, or (7) anything of value given to a spouse or dependent of a reporting individual by the employer of such spouse or dependent in recognition of the service provided by such spouse or dependent; and (C) the term 'relative' has the same meaning given to such term in section 107(2) of title I of the Ethics in Government Act of 1978 (Public Law 95-521). (FOOTNOTE 1) (7) If a Member, officer, or employee, after exercising reasonable diligence to obtain the information necessary to comply with this rule, unknowingly accepts a gift described in paragraph (1) such Member, officer, or employee shall, upon learning of the nature of the gift and its source, return the gift or, if it is not possible to return the gift, reimburse the donor for the value of the gift. (8)(A) Notwithstanding the provisions of this subsection, a Member, officer, or employee of the Senate may participate in a program, the principal objective of which is educational, sponsored by a foreign government or a foreign educational or charitable organization involving travel to a foreign country paid for by that foreign government or organization if such participation is not in violation of any law and if the select (FOOTNOTE 2) Committee on Ethics has determined that participation in such program by Members, officers, or employees of the Senate is in the interests of the Senate and the United States. (FOOTNOTE 2) So in original. Probably should be 'Select'. (B) Any Member who accepts an invitation to participate in any such program shall notify the Select Committee in writing of his acceptance. A Member shall also notify the Select Committee in writing whenever he has permitted any officer or employee whom he supervises to participate in any such program. The chairman of the Select Committee shall place in the Congressional Record a list of all individuals, (FOOTNOTE 3) participating, the supervisors of such individuals where applicable; (FOOTNOTE 4) and the nature and itinerary of such program. (FOOTNOTE 3) So in original. The comma probably should not appear. (FOOTNOTE 4) So in original. The semicolon probably should be a comma. (C) No Member, officer, or employee may accept funds in connection with participation in a program permitted under subparagraph (A) if such funds are not used for necessary food, lodging, transportation, and related expenses of the Member, officer, or employee. (b) Limits on domestic and foreign travel by Members and staff of Senate The term 'necessary expenses', with respect to limits on domestic and foreign travel by Members and staff of the Senate, means reasonable expenses for food, lodging, or transportation which are incurred by a Member, officer, or employee of the Senate in connection with services provided to (or participation in an event sponsored by) the organization which provides reimbursement for such expenses or which provides the food, lodging, or transportation directly. Necessary expenses do not include the provision of food, lodging, or transportation, or the payment for such expenses, for a continuous period in excess of 3 days exclusive of travel time within the United States or 7 days exclusive of travel time outside of the United States unless such travel is approved by the Committee on Ethics as necessary for participation in a conference, seminar, meeting or similar matter. Necessary expenses do not include the provision of food, lodging, or transportation, or the payment for such expenses, for anyone accompanying a Member, officer, or employee of the Senate, other than the spouse or child of such Member, officer, or employee of the Senate or one Senate employee acting as an aide to a Member. -SOURCE- (Pub. L. 101-194, title IX, Sec. 901, Nov. 30, 1989, 103 Stat. 1778; Pub. L. 101-280, Sec. 8, May 4, 1990, 104 Stat. 162.) -REFTEXT- REFERENCES IN TEXT The Federal Regulation of Lobbying Act of 1946, referred to in subsec. (a)(4)(A), probably means Federal Regulation of Lobbying Act, act Aug. 2, 1946, ch. 753, title III, 60 Stat. 839, which is classified generally to chapter 8A (Sec. 261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 261 of this title and Tables. Section 441b of this title, referred to in subsec. (a)(4)(B), was in the original 'section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b)', which has been translated as reading section 316 of Pub. L. 92-225, the Federal Election Campaign Act of 1971, as the probable intent of Congress, because of the redesignation of former section 321 of Pub. L. 92-225 as section 316 by section 105(5) of Pub. L. 96-187, and because of the subject matter of the section. Section 107(2) of title I of the Ethics in Government Act of 1978 (Public Law 95-521), referred to in subsec. (a)(6)(B), was classified to section 707(2) of this title prior to the general amendment of title I of Pub. L. 95-521 by Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1724. Title I of Pub. L. 95-521, as so amended, is set out in the Appendix to Title 5, Government Organization and Employees, and the definition of 'relative' is contained in section 109(16) of Pub. L. 95-521. -MISC2- AMENDMENTS 1990 - Subsec. (a)(5)(D). Pub. L. 101-280, Sec. 8(1)(A), struck out subpar. (D) which read as follows: 'from an individual who is a foreign national if that individual is not acting; directly or indirectly, on behalf of a foreign corporation, partnership or business enterprise, a foreign trade, cultural, educational or other association, a foreign political party or a foreign government.' Subsec. (a)(6)(A) to (C). Pub. L. 101-280, Sec. 8(1)(B), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively. Subsec. (b). Pub. L. 101-280, Sec. 8(2), substituted 'or child of such Member' for 'of a Member' and struck out '(and 2 nights)' after 'of 3 days' and '(and 6 nights)' after 'or 7 days'. ------DocID 6953 Document 5 of 1400------ -CITE- 2 USC Sec. 31a-2 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31a-2. Representation Allowance Account for Majority and Minority Leaders of Senate -STATUTE- (a) Establishment; purpose There is hereby established an account, within the Senate, to be known as the 'Representation Allowance Account for the Majority and Minority Leaders'. Such Allowance Account shall be used by the Majority and Minority Leaders of the Senate to assist them properly to discharge their appropriate responsibilities in the United States to members of foreign legislative bodies and prominent officials of foreign governments and intergovernmental organizations. (b) Payments; allotment; reimbursement for actual expenses; taxability Payments authorized to be made under this section shall be paid by the Secretary of the Senate. Of the funds available for expenditure from such Allowance Account for any fiscal year, one-half shall be allotted to the Majority Leader and one-half shall be allotted to the Minority Leader. Amounts paid from such Allowance Account to the Majority or Minority Leader shall be paid to him from his allotment and shall be paid to him only as reimbursement for actual expenses incurred by him and upon certification and documentation of such expenses. Amounts paid to the Majority or Minority Leader pursuant to this section shall not be reported as income and shall not be allowed as a deduction under title 26. (c) Authorization of appropriations There are authorized to be appropriated for each fiscal year (commencing with the fiscal year ending September 30, 1985) not more than $20,000 to the Allowance Account established by this section. -SOURCE- (Pub. L. 99-88, title I, Sec. 197, Aug. 15, 1985, 99 Stat. 350.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1985. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 31a-2a of this title. ------DocID 6958 Document 6 of 1400------ -CITE- 2 USC Sec. 31b-2 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31b-2. Allowance available to former Speaker for payment of office and other expenses for administration, etc., of matters pertaining to incumbency in office as Representative and Speaker -STATUTE- The Speaker is entitled to have the contingent fund of the House be available for payment of, for as long as he determines there is need therefor, commencing at the expiration of his term of office as a Representative in Congress, an allowance equal to the base allowance component of the Official Expenses Allowance then currently in effect for each Member of the House (to be paid in the same manner as such Allowance) for office and other expenses incurred in connection with the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives. -SOURCE- (Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93-532, Sec. 1(a), Dec. 22, 1974, 88 Stat. 1723; Pub. L. 99-151, title I, Sec. 102(b), Nov. 13, 1985, 99 Stat. 797.) -COD- CODIFICATION Section is based on section 2 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent law by Pub. L. 91-665. As originally enacted into permanent law, section applied to Speaker of House of Representatives in 91st Congress and has been extended to apply to each former Speaker of House of Representatives. See section 1(a) of Pub. L. 93-532, set out as a note under section 31b-1 of this title. -MISC3- AMENDMENTS 1985 - Pub. L. 99-151 substituted 'have the contingent fund of the House be available for payment of' for 'reimbursement, from the contingent fund of the House' and 'an allowance equal to the base allowance component of the Official Expenses Allowance then currently in effect for each Member of the House (to be paid in the same manner as such Allowance)' for 'in the manner provided by applicable provisions of the Legislative Appropriation Act, 1955, as amended by the Act of June 13, 1957 (71 Stat. 82; Public Law 85-54), and by the provisions of House Resolution 831, Eighty-eighth Congress, adopted August 14, 1964, enacted as permanent law by section 103 of the Legislative Branch Appropriation Act, 1966 (79 Stat. 281; Public Law 89-90; 2 U.S.C. 122a), in an aggregate quarterly amount equal to the aggregate quarterly amount to which a Member of the House of Representatives is entitled under such provisions of law as in effect on January 8, 1971, or as amended or supplemented after such date,'. EFFECTIVE DATE Section effective Jan. 8, 1971, see Effective Date note set out under section 31b-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 31b-1 of this title. ------DocID 6990 Document 7 of 1400------ -CITE- 2 USC Sec. 43b-2 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 43b-2. Staff expenses for House Members attending organizational caucus or conference -STATUTE- (a) Each Member-elect (other than an incumbent Member reelected to the ensuing Congress) who attends a caucus or conference called under section 29a(a) of this title, 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 entitled to designate one staff person to be paid for one round trip between that person's place of residence, provided such place of residence is in the district which the Member-elect or incumbent Member represents, and Washington, District of Columbia, for the purpose of accompanying that Member-elect or incumbent Member to 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 such section 29a(a) of this title shall be entitled to designate one staff person who shall in addition be reimbursed on a per diem or other basis for expenses incurred in accompanying the Member-elect at the time of such caucus or conference 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. -SOURCE- (Pub. L. 94-59, title II, July 25, 1975, 89 Stat. 282.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 10, Ninety-fourth Congress, Jan. 14, 1975, which was enacted into permanent law by Pub. L. 94-59. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 43b-3 of this title. ------DocID 6997 Document 8 of 1400------ -CITE- 2 USC Sec. 46a-2 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46a-2. Omitted -COD- CODIFICATION Section, Pub. L. 89-545, Sec. 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 46a of this title providing such an allowance to all Senators effective fiscal year 1967 and thereafter. ------DocID 7002 Document 9 of 1400------ -CITE- 2 USC Sec. 46b-2 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46b-2. Prorated stationery allowance for House Members -STATUTE- In the case of any Member of the House of Representatives, Delegate, or Resident Commissioner who is elected for a portion of a term, the amount of stationery allowance which such Member, Delegate, or Resident Commissioner shall be paid shall be an amount, with respect to the year in which he commences his service, which is the same percentage of the total stationery allowance payable for service for all of such year as the number of months of his service in such year (counting the month in which he is elected as one month) is of the total number of months in such year. Such prorated stationery allowance shall be paid from the contingent fund of the House into the revolving fund for stationery allowances established in section 46b-1 of this title. -SOURCE- (Feb. 27, 1956, ch. 73, 70 Stat. 31.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 7005 Document 10 of 1400------ -CITE- 2 USC Sec. 46d-2 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46d-2. Repealed. Pub. L. 90-57, July 28, 1967, 81 Stat. 130 -MISC1- Section, Pub. L. 89-90, Sec. 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 58 of this title. EFFECTIVE DATE OF REPEAL Pub. L. 90-57 provided that the repeal is effective Jan. 1, 1968. ------DocID 7030 Document 11 of 1400------ -CITE- 2 USC Sec. 58a-2 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 58a-2. Certification of telecommunications equipment and services as official -STATUTE- (a) Regulations issued by Committee on Rules and Administration Subject to such regulations as may hereafter be issued by the Committee on Rules and Administration of the Senate, the Sergeant at Arms shall have the authority, with respect to telephone equipment and services provided to any user on a reimbursable basis (including repair or replacement), solely for the purposes of this section, to make such certification as may be necessary to establish such services and equipment as official, issue invoices in conjunction therewith, and receive payment for such services and equipment by certification, voucher, or otherwise. (b) Equipment and services provided on reimbursable basis For purposes of sections 58a-1 to 58a-3 of this title, telephone equipment and services provided to any user for which payment, prior to October 1, 1987, was not authorized from the contingent fund of the Senate shall, on and after October 1, 1987, be considered telephone equipment and services provided on a reimbursable basis for which payment may be obtained from such fund in accordance with subsection (a) of this section. (c) Establishment of reasonable charges Subject to the approval of the Committee on Rules and Administration, the Sergeant at Arms may establish reasonable charges for telephone equipment and services provided to any user which may be in addition to that regularly authorized by the Committee. (d) Disposition of moneys received All moneys, derived from payments for telephone equipment and services provided from funds from the Appropriation Account within the contingent fund of the Senate for 'Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate' under the line item for Telecommunications (including receipts from carriers and others for loss or damage to such services or equipment for which repair or replacement has been provided by the Sergeant at Arms), and all other moneys received by the Sergeant at Arms as charges or commissions for telephone services, shall be deposited in and made a part of such Appropriation Account and under such line item, and shall be available for expenditure or obligation, or both, in like manner and subject to the same limitations as any other moneys in such account and under such line item. (e) Committee authority to classify or reclassify equipment and services Nothing in sections 58a-1 to 58a-3 of this title shall be construed as limiting or otherwise affecting the authority of the Committee on Rules and Administration of the Senate to classify or reclassify telephone equipment and services provided to any user as equipment or services for which reimbursement may or may not be required. -SOURCE- (Pub. L. 100-123, Sec. 2, Oct. 5, 1987, 101 Stat. 794; Pub. L. 101-163, title I, Sec. 3, Nov. 21, 1989, 103 Stat. 1044.) -MISC1- AMENDMENTS 1989 - Subsec. (d). Pub. L. 101-163 inserted 'and all other moneys received by the Sergeant at Arms as charges or commissions for telephone services,' after 'by the Sergeant at Arms),'. EFFECTIVE DATE Section effective Oct. 1, 1987, see section 4 of Pub. L. 100-123, set out as a note under section 58a-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 58a-1, 58a-3 of this title. ------DocID 7047 Document 12 of 1400------ -CITE- 2 USC Sec. 60-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60-2. Amendment to Senate conflict of interest rule -STATUTE- (a) Except as provided by subsection (b) of this section, any employee of the Senate who is required to file a report pursuant to Senate rules shall refrain from participating personally and substantially as an employee of the Senate in any contact with any agency of the executive or judicial branch of Government with respect to non-legislative matters affecting any non-governmental person in which the employee has a significant financial interest. (b) Subsection (a) of this section shall not apply if an employee first advises his supervisor of his significant financial interest and obtains from such supervisor a written waiver stating that the participation of the employee is necessary. A copy of each such waiver shall be filed with the Select Committee. -SOURCE- (Pub. L. 101-194, title IX, Sec. 903, Nov. 30, 1989, 103 Stat. 1781.) ------DocID 7052 Document 13 of 1400------ -CITE- 2 USC Sec. 60a-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60a-2. House of Representatives pay adjustments; action by Clerk of House -STATUTE- (a) Whenever an adjustment under section 5303 (FOOTNOTE 1) becomes effective with respect to rates of pay under the General Schedule, the Clerk of the House of Representatives, in such manner as he considers advisable - (FOOTNOTE 1) So in original. Probably should be 'section 5303 of title 5'. (1) effective on the first day of the month in which such pay adjustment by the President is made effective as described above, shall adjust - (A) each minimum and maximum rate of pay applicable to any employee or class of employees whose pay is disbursed by the Clerk of the House (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule of section 5332 of title 5 as a result of such adjustment); and (B) each monetary limitation on or monetary allowance for pay applicable to any such employee or class of employees, including but not limited to - (i) the clerk hire allowance for each Member of the House of Representatives and the Resident Commissioner from Puerto Rico; and (ii) the allowances for additional office personnel in the offices of the Speaker, the majority leader, the minority leader, the majority whip, and the minority whip, of the House of Representatives; by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as the Clerk considers appropriate, to the percentage of the adjustment under such section 5303; (2) shall determine, with respect to the employees and classes of employees within the purview of this section whose pay is disbursed by the Clerk, the respective amounts of pay adjustments which are equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to corresponding increases in pay, as determined by the Clerk, made by the pay adjustment by the President; and (3) shall transmit to the appropriate pay-fixing authority concerned in the House of Representatives a copy of his determinations with respect to the pay of those employees whose pay is fixed and adjusted by that authority. (b) After consideration of the pay determinations transmitted by the Clerk of the House, the pay-fixing authority concerned may adjust, notwithstanding the provisions contained in sections 1341, 1342, and 1349-1351 and subchapter II of chapter 15 of title 31, the rates of pay concerned in such manner as that authority considers appropriate. (c) Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action. (d) This section shall not be deemed to authorize any adjustment in the rates of pay of employees whose rates of pay are disbursed by the Clerk of the House of Representatives and are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices, including employees subject to the House Wage Schedule. (e) No rate of pay shall be adjusted under this section to an amount in excess of the rate of basic pay of level V of the Executive Schedule contained in section 5316 of title 5. -SOURCE- (Pub. L. 91-656, Sec. 5, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92-298, Sec. 3(b), May 17, 1972, 86 Stat. 146; Pub. L. 92-392, Sec. 14(b), Aug. 19, 1972, 86 Stat. 575; Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(4)(F), (10)), Nov. 5, 1990, 104 Stat. 1427, 1440, 1442.) -COD- CODIFICATION In subsec. (b), 'sections 1341, 1342, and 1349-1351 and subchapter II of chapter 15 of title 31' substituted for 'section 665 of title 31, United States Code' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -MISC3- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-509, Sec. 529 (title I, Sec. 101(b)(4)(F)(i)), substituted '(a) Whenever an adjustment under section 5303 becomes effective with respect to rates of pay under the General Schedule,' for '(a) Whenever a pay adjustment by the President under section 5305 of title 5 is made effective pursuant to subsection (a)(2), or subsections (c) to (m), inclusive, as the case may be, of such section 5305, or section 3(c) of this Act, then'. Subsec. (a)(1). Pub. L. 101-509, Sec. 529 (title I, Sec. 101(b)(10)), made technical correction to Pub. L. 92-298 and Pub. L. 92-392, see 1972 Amendment note below. Pub. L. 101-509, Sec. 529 (title I, Sec. 101(b)(4)(F)(iii)), in closing provisions, substituted 'adjustment under such section 5303;' for 'pay adjustment made by the President;'. Subsec. (a)(1)(A). Pub. L. 101-509, Sec. 529 (title I, Sec. 101(b)(4)(F)(ii)), substituted 'adjustment)' for 'pay adjustment by the President)'. 1972 - Subsec. (a)(1). Pub. L. 92-298 and Pub. L. 92-392, as amended by Pub. L. 101-509, Sec. 529 (title I, Sec. 101(b)(10)), made identical substitutions in introductory provisions of 'effective on the first day of the month in which such pay adjustments by the President' for 'effective at the beginning of the first pay period commencing on or after the day on which such pay adjustment by the President'. 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, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92-392, set out as an Effective Date note under section 5341 of Title 5, Government Organization and Employees. DIRECTIVE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES IMPLEMENTING THE SALARY COMPARABILITY POLICY IN 1969 FOR OFFICERS AND EMPLOYEES OF THE HOUSE OF REPRESENTATIVES REQUIRED BY SECTION 212 OF THE FEDERAL SALARY ACT OF 1967 (5 U.S.C. 5304 NOTE) JUNE 17, 1969 Pursuant to the authority and duty vested in the Speaker of the United States House of Representatives by section 212 of the Federal Salary Act of 1967 (81 Stat. 634; Public Law 90-206; 5 U.S.C. 5304, note) to implement the salary comparability policy set forth in section 5301 of title 5, United States Code, in the year 1969 for personnel of the House of Representatives, the rates of pay of personnel of the House of Representatives whose pay is disbursed by the Clerk of the House of Representatives are adjusted as follows: IMPLEMENTATION OF SALARY COMPARABILITY POLICY IN 1969 FOR PERSONNEL OF THE HOUSE OF REPRESENTATIVES Section 1. Subject to sections 216 and 225 of the Federal Salary Act of 1967 (81 Stat. 638, 642; Public Law 90-206; 2 U.S.C. 60e-14, note; 2 U.S.C. 351-361), the per annum gross rate of compensation (basic compensation plus additional compensation authorized by law) of each employee whose compensation - (1) is disbursed by the Clerk of the House of Representatives, and (2) is fixed at a rate of basic compensation plus additional compensation authorized by law, is increased by 10.05 per centum. Sec. 2. Subject to sections 216 and 225 of the Federal Salary Act of 1967 (81 Stat. 638, 642; Public Law 90-206; 2 U.S.C. 60e-14, note; 2 U.S.C. 351-361), the single per annum gross rate of compensation of each officer or employee, except an officer or employee within the purview of section 3 or 4 of the Directive of the Speaker of the United States House of Representatives of June 11, 1968 (2 U.S.C. 60a), or section 3, 4, or 5 of this directive, whose compensation - (1) is disbursed by the Clerk of the House of Representatives, and (2) is fixed at a single per annum gross rate, is increased by 10.05 per centum. Sec. 3. In order to preserve and continue the pay relationships existing immediately prior to July 1, 1969, between - (1) positions on the United States Capitol police force and on the United States Capitol telephone exchange, respectively, the compensation for which is disbursed by the Clerk of the House of Representatives, and (2) positions on such police force and telephone exchange, respectively, the compensation for which is disbursed by the Secretary of the Senate, the respective single per annum gross rates of compensation of personnel on such police force and telephone exchange, respectively, whose compensation is disbursed by the Clerk of the House of Representatives are increased, subject to sections 216 and 225 of the Federal Salary Act of 1967 (81 Stat. 638, 642; Public Law 90-206; 2 U.S.C. 60e-14, note; 2 U.S.C. 351-361), by 10.05 per centum, adjusted to the nearest multiple of $219. Sec. 4. The House Employees Schedule (HS) established pursuant to section 4 of the House Employees Position Classification Act (78 Stat. 1079; Public Law 88-652; 2 U.S.C. 293) is amended to read as follows: -------------------------------------- 'HOUSE EMPLOYEES SCHEDULE - PER ANNUM RATES '(EFFECTIVE JULY 1, 1969) 'HS Levels 1 Steps -- 1: $5,236.60 Steps -- 2: $5,433.05 Steps -- 3: $5,629.50 Steps -- 4: $5,825.95 Steps -- 5: $6,022.40 Steps -- 6: $6,217.62 Steps -- 7: $6,415.30 Steps -- 8: $6,610.52 Steps -- 9: $6,808.20 Steps -- 10: $7,003.41 Steps -- 11: $7,396.31 Steps -- 12: $7,789.20 2 Steps -- 1: 6,022.40 Steps -- 2: 6,217.62 Steps -- 3: 6,415.30 Steps -- 4: 6,610.52 Steps -- 5: 6,808.20 Steps -- 6: 7,003.41 Steps -- 7: 7,199.86 Steps -- 8: 7,396.31 Steps -- 9: 7,592.76 Steps -- 10: 7,789.20 Steps -- 11: 8,180.89 Steps -- 12: 8,573.78 3 Steps -- 1: 6,938.34 Steps -- 2: 7,167.94 Steps -- 3: 7,396.31 Steps -- 4: 7,625.91 Steps -- 5: 7,854.28 Steps -- 6: 8,083.89 Steps -- 7: 8,312.26 Steps -- 8: 8,541.86 Steps -- 9: 8,771.45 Steps -- 10: 8,999.82 Steps -- 11: 9,459.02 Steps -- 12: 9,915.77 4 Steps -- 1: 7,985.66 Steps -- 2: 8,214.03 Steps -- 3: 8,443.64 Steps -- 4: 8,673.23 Steps -- 5: 8,901.60 Steps -- 6: 9,131.20 Steps -- 7: 9,359.58 Steps -- 8: 9,589.17 Steps -- 9: 9,817.55 Steps -- 10: 10,047.15 Steps -- 11: 10,505.12 Steps -- 12: 10,963.09 5 Steps -- 1: 9,163.13 Steps -- 2: 9,425.88 Steps -- 3: 9,687.40 Steps -- 4: 9,948.93 Steps -- 5: 10,210.45 Steps -- 6: 10,471.97 Steps -- 7: 10,734.72 Steps -- 8: 10,996.24 Steps -- 9: 11,257.76 Steps -- 10: 11,519.29 Steps -- 11: 12,043.57 Steps -- 12: 12,566.61 6 Steps -- 1: 10,471.97 Steps -- 2: 10,734.72 Steps -- 3: 10,996.24 Steps -- 4: 11,257.76 Steps -- 5: 11,419.29 Steps -- 6: 11,780.82 Steps -- 7: 12,043.57 Steps -- 8: 12,305.08 Steps -- 9: 12,566.61 Steps -- 10: 12,828.13 Steps -- 11: 13,352.41 Steps -- 12: 13,875.46 7 Steps -- 1: 11,912.19 Steps -- 2: 12,213.01 Steps -- 3: 12,515.04 Steps -- 4: 12,815.85 Steps -- 5: 13,116.67 Steps -- 6: 13,416.26 Steps -- 7: 13,718.29 Steps -- 8: 14,019.10 Steps -- 9: 14,319.92 Steps -- 10: 14,621.96 Steps -- 11: 15,223.58 Steps -- 12: 15,826.44 8 Steps -- 1: 13,527.14 Steps -- 2: 13,830.18 Steps -- 3: 14,131.98 Steps -- 4: 14,433.79 Steps -- 5: 14,735.59 Steps -- 6: 15,038.64 Steps -- 7: 15,339.21 Steps -- 8: 15,641.02 Steps -- 9: 15,944.06 Steps -- 10: 16,245.86 Steps -- 11: 16,849.48 Steps -- 12: 17,454.33 9 Steps -- 1: 15,277.54 Steps -- 2: 15,619.72 Steps -- 3: 15,963.15 Steps -- 4: 16,304.10 Steps -- 5: 16,647.54 Steps -- 6: 16,989.73 Steps -- 7: 17,311.92 Steps -- 8: 17,675.34 Steps -- 9: 18,017.54 Steps -- 10: 18,358.49 Steps -- 11: 19,044.10 Steps -- 12: 19,729.73 10 Steps -- 1: 17,053.84 Steps -- 2: 17,395.92 Steps -- 3: 17,736.77 Steps -- 4: 18,078.86 Steps -- 5: 18,418.49 Steps -- 6: 18,759.34 Steps -- 7: 19,101.43 Steps -- 8: 19,442.28 Steps -- 9: 19,783.14 Steps -- 10: 20,124.00 Steps -- 11: 20,805.70 Steps -- 12: 21,488.65 11 Steps -- 1: 19,199.21 Steps -- 2: 19,584.23 Steps -- 3: 19,968.03 Steps -- 4: 20,351.81 Steps -- 5: 20,735.60 Steps -- 6: 21,120.63 Steps -- 7: 21,503.18 Steps -- 8: 21,888.20 Steps -- 9: 22,271.99 Steps -- 10: 22,655.77 Steps -- 11: 23,423.34 Steps -- 12: 24,190.92 12 Steps -- 1: 21,515.49 Steps -- 2: 21,930.42 Steps -- 3: 22,344.08 Steps -- 4: 22,758.99 Steps -- 5: 23,172.66 Steps -- 6: 23,587.58 Steps -- 7: 24,001.24 Steps -- 8: 24,414.90 Steps -- 9: 24,829.81 Steps -- 10: 25,244.73 Steps -- 11: 26,073.31 Steps -- 12: 26,900.63 13 Steps -- 1: 24,005.11 Steps -- 2: 24,465.58 Steps -- 3: 24,923.52 Steps -- 4: 25,381.46 Steps -- 5: 25,839.40 Steps -- 6: 26,297.34 Steps -- 7: 26,757.80 Steps -- 8: 27,215.74 Steps -- 9: 27,673.68 Steps -- 10: 28,131.62 Steps -- 11: 29,050.03 Steps -- 12: 29,965.91' -------------------------------------- Sec. 5. Subject to sections 216 and 225 of the Federal Salary Act of 1967 (81 Stat. 638, 642; Public Law 90-206; 2 U.S.C. 60e-14 note; 2 U.S.C. 351-361), the single per annum rate of compensation in effect immediately prior to July 1, 1969, of each employee whose compensation - (1) is disbursed by the Clerk of the House of Representatives, (2) is fixed at a saved rate, and (3) is increased by section 214(c) of the Federal Salary Act of 1967 (81 Stat. 636; Public Law 90-206; 2 U.S.C. 293c), is increased by 10.05 per centum. Sec. 6. The additional compensation provided by this directive for personnel whose per annum compensation is fixed at a rate of basic compensation plus additional compensation authorized by law shall be considered a part of basic pay for the purposes of subchapter III of chapter 83 of title 5, United States Code, relating to civil service retirement. Sec. 7. The provisions of this directive shall become effective on July 1, 1969. John W. McCormack, Speaker, United States House of Representatives. DIRECTIVE OF THE SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES IMPLEMENTING THE SALARY COMPARABILITY POLICY IN 1968 FOR OFFICERS AND EMPLOYEES OF THE HOUSE OF REPRESENTATIVES REQUIRED BY SECTION 212 OF THE FEDERAL SALARY ACT OF 1967 (5 U.S.C. 5304 NOTE) JUNE 11, 1968 Pursuant to the authority and duty vested in the Speaker of the United States House of Representatives by section 212 of the Federal Salary Act of 1967 (81 Stat. 634; Public Law 90-206; 5 U.S.C. 5304, note) to implement the salary comparability policy set forth in section 5301 of title 5, United States Code, in the year 1968 for personnel of the House of Representatives, the rates of pay of personnel of the House of Representatives whose pay is disbursed by the Clerk of the House of Representatives are adjusted as follows: IMPLEMENTATION OF SALARY COMPARABILITY POLICY IN 1968 FOR PERSONNEL OF THE HOUSE OF REPRESENTATIVES Section 1. Subject to sections 216 and 225 of the Federal Salary Act of 1967 (81 Stat. 638, 642; Public Law 90-206; 2 U.S.C. 60e-14, note; 2 U.S.C. 351-361), the per annum gross rate of compensation (basic compensation plus additional compensation authorized by law) of each employee whose compensation - (1) is disbursed by the Clerk of the House of Representatives, and (2) is fixed at a rate of basic compensation plus additional compensation authorized by law, is increased by an amount equal to the percentage increase in such per annum gross rate of compensation of such employee as provided in the following table of increases in compensation: TABLE OF INCREASES IN PER ANNUM GROSS RATES OF COMPENSATION (BASIC COMPENSATION PLUS ADDITIONAL COMPENSATION AUTHORIZED BY LAW) If the per annum basic rate of compensation of the employee is - The percentage increase in the per annum gross rate of compensation of employee is - Not more than $4,000 5.85 Not less than $4,005 but not more than $4,500 6 Not less than $4,505 but not more than $5,000 6.5 Not less than $5,005 but not more than $5,500 7 Not less than $5,505 but not more than $6,000 7.5 Not less than $6,005 but not more than $6,500 8 Not less than $6,505 but not more than $7,000 8.5 Not less than $7,005 but not more than $7,500 9 Not less than $7,505 but not more than $8,000 9.5 Not less than $8,005 but not more than $8,500 10 Not less than $8,505 but not more than $9,000 10.5 Not less than $9,005 but not more than $9,500 11 Not less than $9,505 11.5 Sec. 2. Subject to sections 216 and 225 of the Federal Salary Act of 1967 (81 Stat. 638, 642; Public Law 90-206; 2 U.S.C. 60e-14, note; 2 U.S.C. 351-361), the single per annum gross rate of compensation of each officer or employee, except an officer or employee to whom section 3 or 4 of this directive applies, whose compensation - (1) is disbursed by the Clerk of the House of Representatives, (2) is fixed at a single per annum gross rate, and (3) is increased by section 214(b) of the Federal Salary Act of 1967 (81 Stat. 635; Public Law 90-206; 2 U.S.C. 60e-14(b)) is increased by an amount which is equal to the amount of the increase provided by section 1 of this directive in that per annum gross rate of compensation (basic compensation plus additional compensation provided by law) in effect immediately prior to July 1, 1968, of an employee to whom section 1 applies - (A) which is equal to, or (B) if not equal to, is the highest such per annum gross rate of compensation (basic compensation plus additional compensation authorized by law) which is nearest in amount to, the single per annum gross rate of compensation, in effect immediately prior to such date, of the officer or employee whose compensation is referred to in subparagraph (1), (2), and (3) of this sentence. Sec. 3. (a) The single per annum gross rate of compensation of the position referred to in House Resolution 904, Eighty-eighth Congress, enacted into permanent law by section 103 of the Legislative Branch Appropriation Act, 1966 (79 Stat. 281; Public Law 89-91 (89-90)), shall continue in effect until the effective date of the first adjustment, following the effective date of this directive, in the per annum rate of compensation of the officers described in the first sentence of section 601(a) of the Legislative Reorganization Act of 1946, as amended (79 Stat. 1120; Public Law 89-301; 2 U.S.C. 31). (b) On and after the effective date of such first adjustment, the single per annum gross rate of compensation of the position referred to in such House Resolution 904 shall be in an amount which bears the same ratio to the per annum rate of compensation of the officers described in the first sentence of such section 601(a) (section 31 of this title) as changed by such first compensation adjustment therein, or as changed by each compensation adjustment therein following such first compensation adjustment, as then currently applicable, as the per annum gross rate of compensation of such position as in effect immediately prior to the applicable adjustment in the per annum rate of compensation of such officers bears to the per annum rate of compensation of such officers as in effect immediately prior to such applicable adjustment. (c) Subsections (a) and (b) of this section shall be in effect with respect to the position referred to in such House Resolution 904 only so long as such position is held by the incumbent thereof on the effective date of this directive. Sec. 4. The single per annum gross rate of compensation of each office or position referred to in - (1) House Resolution 909, Eighty-ninth Congress, enacted into permanent law by chapter VI of the Supplemental Appropriation Act, 1967 (80 Stat. 1064; Public Law 89-697), or (2) section 214(e) of the Federal Salary Act of 1967 (81 Stat. 636; Public Law 90-206; 2 U.S.C. 74a-2), shall be a single per annum gross rate equal to the annual rate of basic pay for Level III of the Executive Schedule in section 5314 of title 5, United States Code. Sec. 5. In order to preserve and continue the pay relationships existing immediately prior to July 1, 1968, between - (1) positions on the United States Capitol police force and on the United States Capitol telephone exchange, respectively, the compensation for which is disbursed by the Clerk of the House of Representatives, and (2) positions on such police force and telephone exchange, respectively, the compensation for which is disbursed by the Secretary of the Senate, the respective single per annum gross rates of compensation of personnel on such police force and telephone exchange, respectively, whose compensation is disbursed by the Clerk of the House of Representatives are increased, subject to sections 216 and 225 of the Federal Salary Act of 1967 (81 Stat. 638, 642; Public Law 90-206; 2 U.S.C. 60e-14, note; 2 U.S.C. 351-361), by respective amounts equal to the respective amounts of the increases provided in the year 1968 by the President pro tempore of the Senate, under section 212 of the Federal Salary Act of 1967 (81 Stat. 634; Public Law 90-206; 5 U.S.C. 5304, note), in corresponding rates of compensation for personnel on such police force and telephone exchange, respectively, whose compensation is disbursed by the Secretary of the Senate. Sec. 6. The per annum rate of compensation for each compensation step of each compensation level (HS level) of the House Employees Schedule (HS) under the House Employees Position Classification Act (78 Stat. 1079-1084; Public Law 88-652; 2 U.S.C. 291 and following) is increased by an amount equal to the percentage increase in such per annum rate as provided in the following table of increases in the rates of compensation of such schedule: TABLE OF INCREASES IN PER ANNUM RATES OF COMPENSATION OF THE HOUSE EMPLOYEES SCHEDULE If the per annum rate of compensation is for a compensation step in - The percentage increase in such per annum rate of compensation is - HS level 1, 2, 3, 4, 5, 6, or 7 5.85 HS level 8 6.2 HS level 9 6.5 HS level 10 7 HS level 11 8 HS level 12 9 HS level 13 10 Sec. 7. Subject to sections 216 and 225 of the Federal Salary Act of 1967 (81 Stat. 638, 642; Public Law 90-206; 2 U.S.C. 60e-14 note; 2 U.S.C. 351-361), the single per annum rate of compensation in effect immediately prior to July 1, 1968, of each employee whose compensation - (1) is disbursed by the Clerk of the House of Representatives, (2) is fixed on the basis of a saved rate, and (3) is increased by section 214(c) of the Federal Salary Act of 1967 (81 Stat. 636; Public Law 90-206; 2 U.S.C. 293c), is increased by a percentage which is equal to the percentage provided by section 6 of this directive for increases in the rates of compensation for the compensation steps of that compensation level of the House Employees Schedule in which the position of such employee is placed. Sec. 8. House Resolution 1015, Ninetieth Congress, adopted January 15, 1968, is amended by striking out 'maximum rate authorized by Level 5 of the Executive schedule by Public Law 90-206' and inserting in lieu thereof 'annual rate of basic pay for Level V of the Executive Schedule in section 5316 of title 5, United States Code'. Sec. 9. The additional compensation provided by this directive for personnel whose per annum compensation is fixed at a rate of basic compensation plus additional compensation authorized by law shall be considered a part of basic pay for the purposes of subchapter III of chapter 83 of title 5, United States Code, relating to civil service retirement. Sec. 110. The provisions of this directive shall become effective on July 1, 1968. John W. McCormack, Speaker, United States House of Representatives. ADDITIONAL INCREASE IN COMPENSATION OF ELECTED OFFICERS OF HOUSE - 1958 Pub. L. 85-462, Sec. 4(k), June 20, 1958, 72 Stat. 209, provided that: 'The rate of gross annual compensation of each of the elected officers of the House of Representatives (except the presiding officer of the House and the Chaplain of the House) is hereby increased by 10 per centum.' ADDITIONAL INCREASE IN COMPENSATION OF ELECTED OFFICERS OF HOUSE AND SENATE - 1955 Act June 28, 1955, ch. 189, Sec. 4(c), 69 Stat. 176, provided that: 'The rates of basic compensation of each of the elected officers of the Senate and the House of Representatives (not including the presiding officers of the two Houses), the Parliamentarian of the Senate, the Parliamentarian of the House of Representatives, the Legislative Counsel of the Senate, the Legislative Counsel of the House of Representatives, and the Coordinator of Information of the House of Representatives are hereby increased by 7.5 per centum.' ADDITIONAL INCREASE IN COMPENSATION OF ELECTED OFFICERS OF HOUSE AND SENATE - 1951 Act Oct. 24, 1951, ch. 554, Sec. 2(e), 65 Stat. 614, provided that: 'The rates of basic compensation of each of the elected officers of the Senate and the House of Representatives (not including the presiding officers of the two Houses), the Parliamentarian of the Senate, the Parliamentarian of the House of Representatives, the legislative counsel of the Senate, the legislative counsel of the House of Representatives, and the Coordinator of Information of the House of Representatives are hereby increased by 10 per centum, except that in no case shall any such rate be increased by less than $300 per annum or by more than $800 per annum.' INCREASE IN COMPENSATION OF ELECTED OFFICERS OF HOUSE AND SENATE - 1949 Act Oct. 28, 1949, ch. 783, title I, Sec. 101(d), 63 Stat. 974, provided that: 'The rates of basic compensation of each of the elected officers of the Senate and the House of Representatives (not including the presiding officers of the two Houses) are hereby increased by 5 per centum.' INCREASE IN COMPENSATION OF HOUSE CHAPLAIN AND COORDINATOR OF INFORMATION Pub. L. 85-462, Sec. 4(l), June 20, 1958, 72 Stat. 209, provided that: 'The aggregate rate of the rate of basic annual compensation and the rate of additional annual compensation authorized by law of the Chaplain of the House of Representatives and of the Coordinator of Information of the House of Representatives is hereby increased by 10 per centum.' ------DocID 7056 Document 14 of 1400------ -CITE- 2 USC Sec. 60c-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60c-2. Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068 -MISC1- Section, Pub. L. 92-136, Sec. 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. ------DocID 7067 Document 15 of 1400------ -CITE- 2 USC Sec. 60e-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e-2. Omitted -MISC1- Section, acts June 30, 1945, ch. 212, title I, Sec. 101(c), 102(a), 59 Stat. 295, 296; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Sept. 6, 1966, Pub. L. 89-554, Sec. 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 60e-2b of this title which was expressly exempted from the provisions involved. ------DocID 7074 Document 16 of 1400------ -CITE- 2 USC Sec. 60g-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60g-2. Lyndon Baines Johnson congressional interns -STATUTE- (a) Hiring authority of House Members, Delegates, and Resident Commissioners; allowance for payment of compensation Until otherwise provided by law and notwithstanding any other provision of law, each Member of, Delegate to, and Resident Commissioner in, the House of Representatives is authorized to hire for two months in any year one additional employee to be known as a Lyndon Baines Johnson congressional intern in honor of the former President. Each such intern shall be a student or a teacher and certified as such under subsection (b) of this section. Each such Member, Delegate, or Resident Commissioner shall have available for payment of compensation to such intern a total allowance of $1,000, to be payable to such intern at a rate not to exceed $500 per month, out of the contingent fund of the House. Such intern and such allowance shall be in addition to all personnel and allowances made available to such Member, Delegate, or Resident Commissioner under other provisions of law or other authority. (b) Certification of intern status; filing No person shall be paid compensation as a Lyndon Baines Johnson congressional intern who does not have on file with the Clerk of the House of Representatives, at all times during the period of his employment as such intern, an appropriate certificate which is applicable to his intern status, as described below: (1) if the intern is a student, a certificate that such intern was during the academic year immediately preceding his employment, a bona fide student at a college, university, or similar institution of higher learning; or (2) if the intern is a teacher, a certificate that such intern was, in the year immediately preceding his employment, a bona fide teacher in government or social studies at a secondary school or a postsecondary school. (c) Regulations by Committee on House Administration The Committee on House Administration shall prescribe such regulations as may be necessary to carry out this section. -SOURCE- (Pub. L. 93-245, ch. VI, Jan. 3, 1974, 87 Stat. 1079.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 420, Ninety-third Congress, Sept. 18, 1973, which was enacted into permanent law by Pub. L. 93-245. -MISC3- 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, Sec. 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, Sec. 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 sction 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.' EFFECTIVE DATE Section 3 of House Resolution No. 420, Ninety-third Congress, as enacted into permanent law by Pub. L. 93-245, provided that: 'The provisions of this resolution (enacting this section and repealing House Resolution No. 416, Eighty-ninth Congress, formerly classified to this section) shall become effective on January 1, 1974.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 7079 Document 17 of 1400------ -CITE- 2 USC Sec. 60j-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60j-2. Longevity compensation for telephone operators on United States telephone exchange and members of Capitol Police paid by Clerk of House -STATUTE- (a) (FOOTNOTE 1) The provisions of subsections (a) and (b) of section 60j of this title (as amended by section 110 of Pub. L. 95-391), shall apply to telephone operators (including the chief operator and assistant chief operators) on the United States Capitol telephone exchange and members of the Capitol Police whose compensation is disbursed by the Clerk of the House of Representatives in the same manner and to the same extent as such provisions apply to individuals whose compensation is disbursed by the Secretary of the Senate. For purposes of so applying such subsections, creditable service shall include service performed as an employee of the United States Capitol telephone exchange or a member of the Capitol Police whether compensation therefor is disbursed by the Clerk of the House of Representatives or the Secretary of the Senate. (FOOTNOTE 1) So in original. Section enacted without a subsec. (b). -SOURCE- (Pub. L. 95-391, title III, Sec. 310, Sept. 30, 1978, 92 Stat. 790.) -STATAMEND- INAPPLICABILITY OF SECTION TO CERTAIN EMPLOYEES ON AND AFTER OCTOBER 1, 1983 Section 60j of this title, referred to in text, 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 60j-4 of this title. ------DocID 7087 Document 18 of 1400------ -CITE- 2 USC Sec. 61-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61-2. Omitted -COD- CODIFICATION Section, Pub. L. 90-206, title II, Sec. 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. ------DocID 7089 Document 19 of 1400------ -CITE- 2 USC Sec. 61a-1, 61a-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-1, 61a-2. Omitted -COD- CODIFICATION Section 61a-1, acts June 27, 1956, ch. 453, Sec. 101, 70 Stat. 356; July 9, 1971, Pub. L. 92-51, Sec. 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, Sec. 202(i), Aug. 14, 1964, 78 Stat. 414; Pub. L. 95-94, title I, Sec. 108(a), Aug. 5, 1977, 91 Stat. 661, provided for rate of compensation for Postmaster and Assistant Postmaster of Senate. See section 61f-7 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. ------DocID 7100 Document 20 of 1400------ -CITE- 2 USC Sec. 61b-1 to 61b-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61b-1 to 61b-2. Omitted -COD- CODIFICATION Sections were omitted in view of section 61a-11 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, Sec. 701, Oct. 21, 1968, 82 Stat. 1195, provided for the appointment and compensation of a Curator of Art and Antiquities. ------DocID 7104 Document 21 of 1400------ -CITE- 2 USC Sec. 61c-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61c-2. Compensation of Assistants to Majority and Minority in Office of Secretary of Senate -STATUTE- The Assistant to the Majority of the Senate and the Assistant to the Minority of the Senate in the Office of the Secretary of the Senate may each be paid a maximum annual rate of compensation not to exceed $36,500. -SOURCE- (Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275.) -MISC1- PRIOR PROVISIONS Pub. L. 89-90, July 27, 1965, 79 Stat. 266, prescribed basic compensation of assistants to Majority and Minority at not more than $8,160 per annum each effective July 1, 1965. Act May 19, 1956, ch. 313, Ch. XII, 70 Stat. 175, provided that basic compensation of assistant to majority and assistant to minority may be fixed by majority and minority leaders, respectively, at a rate not to exceed $8,820 per annum. EFFECTIVE DATE Section 105 of Pub. L. 94-59 provided that this section is effective July 1, 1975. 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 the President pro tempore of the Senate, set out as notes under section 60a-1 of this title. ------DocID 7107 Document 22 of 1400------ -CITE- 2 USC Sec. 61d-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61d-2. Postage allowance for Chaplain of Senate -STATUTE- The Secretary of the Senate is authorized and directed to procure and furnish each fiscal year (commencing with the fiscal year ending September 30, 1982) to the Chaplain of the Senate, upon the request of the Chaplain of the Senate, United States postage stamps in such amounts as may be necessary for the mailing of postal matters arising in connection with his official business. -SOURCE- (Pub. L. 97-51, Sec. 127(b)(1), Oct. 1, 1981, 95 Stat. 966.) -MISC1- PRIOR PROVISIONS A prior section 61d-2, Pub. L. 94-303, title I, Sec. 114, June 1, 1976, 90 Stat. 614, authorizing a postage allowance for Chaplain of Senate, was repealed by section 127(b)(2) of Pub. L. 97-51. ------DocID 7110 Document 23 of 1400------ -CITE- 2 USC Sec. 61e-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61e-2. Compensation of Administrative Assistant to Sergeant at Arms and Doorkeeper of Senate -STATUTE- Effective August 1, 1979 - (1) the maximum annual rate of compensation of the Administrative Assistant to the Sergeant at Arms and Doorkeeper of the Senate shall be the same as the highest maximum annual rate of compensation that may be paid to an employee in the office of a Senator; and (2) Omitted -SOURCE- (Pub. L. 96-38, title I, Sec. 106(2), (3), July 25, 1979, 93 Stat. 112.) -COD- CODIFICATION Section consists of pars. (2) and (3) of section 106 of Pub. L. 96-38, Supplemental Appropriations Act, 1979. The paragraph numbers (2) and (3) in the original have been changed to (1) and (2) for purposes of codification. Par. (2), relating to maximum annual rate of compensation of Executive Assistant to Sergeant at Arms and Doorkeeper of Senate, was omitted from the Code in view of section 61f-7 of this title which abolished all statutory positions in the 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. ------DocID 7115 Document 24 of 1400------ -CITE- 2 USC Sec. 61f-2 to 61f-6 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61f-2 to 61f-6. Omitted -MISC1- 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. ------DocID 7128 Document 25 of 1400------ -CITE- 2 USC Sec. 61h-2, 61h-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61h-2, 61h-3. Omitted -COD- CODIFICATION Section 61h-2, Pub. L. 94-59, title I, Sec. 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 section 61h-1 of this title. See, also, section 61h-4 of this title. 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 section 61h-1 of this title. See, also, section 61h-4 of this title. ------DocID 7134 Document 26 of 1400------ -CITE- 2 USC Sec. 61j-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61j-2. Compensation and appointment of employees by Senate Majority and Minority Whips -STATUTE- Effective April 1, 1977, the Majority Whip and the Minority Whip are each authorized to appoint and fix the compensation of such employees as they deem appropriate: Provided, That the gross compensation paid to such employees shall not exceed $111,100 each fiscal year for each Whip. -SOURCE- (Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 80.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1977. -MISC3- 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 60a-1 of this title. ------DocID 7143 Document 27 of 1400------ -CITE- 2 USC Sec. 64-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 64-2. Transfers of funds by Secretary of Senate; approval of Committee on Appropriations -STATUTE- During any fiscal year (commencing with the fiscal year beginning October 1, 1982) the Secretary of the Senate is authorized to make such transfers between appropriations of funds available for disbursement by him during such year, subject to the approval of the Committee on Appropriations of the Senate. -SOURCE- (Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189.) -COD- CODIFICATION Section is based on section 104 of S. 2939, Ninety-seventh 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. -MISC3- PRIOR PROVISIONS A prior section 64-2, Pub. L. 95-26, title I, Sec. 108, May 4, 1977, 91 Stat. 85, provided that, on and after May 4, 1977, the Secretary of the Senate was authorized to transfer funds between appropriations with the approval of a resolution of the Senate. TRANSFER OF FUNDS BY SECRETARY OF SENATE Provisions authorizing the Secretary of Senate, as Disbursing Officer of Senate, to make such transfers between appropriations of funds available for disbursement by him for specific fiscal years, as he deems appropriate, subject to customary reprograming procedures of Senate Committee on Appropriations were contained in the following appropriation acts: Pub. L. 97-51, Sec. 113, Oct. 1, 1981, 95 Stat. 963. Pub. L. 97-12, title I, Sec. 107, June 5, 1981, 95 Stat. 62. ------DocID 7161 Document 28 of 1400------ -CITE- 2 USC Sec. 68-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68-2. Appropriations for contingent expenses of Senate; restrictions -STATUTE- Appropriations made for contingent expenses of the Senate shall not be used for the payment of personal services except upon the express and specific authorization of the Senate in whose behalf such services are rendered. Nor shall such appropriations be used for any expenses not intimately and directly connected with the routine legislative business of the Senate, and the General Accounting Office shall apply the provisions of this section in the settlement of the accounts of expenditures from said appropriations incurred for services or materials. -SOURCE- (Feb. 14, 1902, ch. 17, 32 Stat. 26; June 10, 1921, ch. 18, title III, Sec. 304, 42 Stat. 24.) -COD- CODIFICATION Section was a proviso annexed to an appropriation for miscellaneous items, in the Urgent Deficiency Appropriation Act for the fiscal year 1902. Section was formerly classified to section 671 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. Provisions relating to appropriations for contingent expenses of the House of Representatives are set out in section 95a of this title. -TRANS- TRANSFER OF FUNCTIONS 'General Accounting Office' substituted in text for 'accounting officers of the Treasury' pursuant to act June 10, 1921, which transferred powers and duties of Comptroller, six auditors, and certain other employees of the Treasury to General Accounting Office. See section 701 et seq. of Title 31, Money and Finance. -CROSS- CROSS REFERENCES Deposit of contracts not applicable to contingent funds of Congress, see section 20 of Title 41, Public Contracts. ------DocID 7183 Document 29 of 1400------ -CITE- 2 USC Sec. 72a-2, 72a-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72a-2, 72a-3. Omitted -COD- CODIFICATION Section 72a-2, acts July 20, 1951, ch. 237, Sec. 1-3, 65 Stat. 123; Aug. 5, 1955, ch. 568, Sec. 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, Sec. 103, 81 Stat. 141; Aug. 18, 1970, Pub. L. 91-382, Sec. 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 section 331 et seq. 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. ------DocID 7190 Document 30 of 1400------ -CITE- 2 USC Sec. 74-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74-2. Omitted -MISC1- Section, Pub. L. 88-248, Sec. 103, Dec. 30, 1963, 77 Stat. 817; Pub. L. 89-90, Sec. 103, July 27, 1965, 79 Stat. 81; Pub. L. 90-417, Sec. 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. ------DocID 7193 Document 31 of 1400------ -CITE- 2 USC Sec. 74a-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74a-2. Per annum rate of compensation of Chief of Staff of Joint Committee on Taxation -STATUTE- The per annum rate of compensation of the Chief of Staff of the Joint Committee on Taxation shall be the same as the per annum rate of compensation of the Legislative Counsel of the House of Representatives. -SOURCE- (Pub. L. 90-206, title II, Sec. 214(e), Dec. 16, 1967, 81 Stat. 636; Pub. L. 94-455, title XIX, Sec. 1907(a)(5), Oct. 4, 1976, 90 Stat. 1836.) -MISC1- EFFECTIVE DATE Section 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 an Effective Date of 1967 Amendment note under section 5332 of Title 5, Government Organization and Employees. -CHANGE- CHANGE OF NAME Joint Committee on Internal Revenue Taxation redesignated Joint Committee on Taxation by Pub. L. 94-455. -CROSS- CROSS REFERENCES Appointment of Chief of Staff, see section 8004 of Title 26, Internal Revenue Code. Compensation of Legislative Counsel of House of Representatives, see section 282b of this title. ------DocID 7221 Document 32 of 1400------ -CITE- 2 USC Sec. 84-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 84-2. Compensation of Chaplain of House -STATUTE- Effective May 1, 1977, and until otherwise provided by law, the per annum gross rate of compensation of the Chaplain of the House of Representatives shall be equal to the rate in effect from time to time for HS level 8, step 4, of the House Employees Schedule. -SOURCE- (Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777.) -REFTEXT- REFERENCES IN TEXT The House Employees Schedule, referred to in text, is provided for by section 293 of this title. -COD- CODIFICATION Section is based on section 3 of House Resolution No. 661, Ninety-fifth Congress, July 29, 1977, which was enacted into permanent law by Pub. L. 95-391. -MISC3- PRIOR PROVISIONS A prior section 84-2, Pub. L. 88-426, title II, Sec. 203(f), Aug. 14, 1964, 78 Stat. 415; H. Res. 313, 89th Cong., Mar. 31, 1965, as enacted by Pub. L. 89-90, Sec. 103, July 27, 1965, 79 Stat. 281; Pub. L. 90-206, title II, Sec. 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. COMPENSATION OF INDIVIDUAL HOLDING POSITION OF CHAPLAIN OF HOUSE OF REPRESENTATIVES ON JULY 14, 1983 House Resolution No. 7, Ninety-sixth Congress, Jan. 15, 1979, which was enacted into permanent law by Pub. L. 98-51, title I, Sec. 111(1), July 14, 1983, 97 Stat. 269, to be effective during the period in which the position of Chaplain of the House of Representatives is held by the individual holding the position on July 14, 1983, provided that: 'The compensation of the Chaplain of the House of Representatives shall be equivalent to the highest rate of basic pay as in effect from time to time of level IV of the Executive Schedule in Section 5315 of Title V (5), United States Code.' 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 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7233 Document 33 of 1400------ -CITE- 2 USC Sec. 88b-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88b-2. House of Representatives Page Board; establishment and purpose -STATUTE- Until otherwise provided by law, there is hereby established a board to be known as the House of Representatives Page Board to ensure that the page program is conducted in a manner that is consistent with the efficient functioning of the House and the welfare of the pages. -SOURCE- (Pub. L. 97-377, title I, Sec. 127, Dec. 21, 1982, 96 Stat. 1914.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 611, Ninety-seventh Congress, Nov. 30, 1982, which was enacted into permanent law by Pub. L. 97-377. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 88b-3, 88b-4 of this title. ------DocID 7240 Document 34 of 1400------ -CITE- 2 USC Sec. 88c-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88c-2. Academic year and summer term for page program -STATUTE- The page program shall consist of the two terms of the academic year plus a summer term. -SOURCE- (Pub. L. 98-367, title I, Sec. 103, July 17, 1984, 98 Stat. 479.) -COD- CODIFICATION Section is based on section 2 of House Resolution No. 234, Ninety-eighth Congress, June 29, 1983, which was enacted into permanent law by Pub. L. 98-367. -MISC3- EFFECTIVE DATE Section effective June 29, 1983, see note set out under section 88c-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 88c-1, 88c-4 of this title. ------DocID 7252 Document 35 of 1400------ -CITE- 2 USC Sec. 92b-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 92b-2. Authority to prescribe regulations -STATUTE- The Committee on House Administration shall have authority to prescribe regulations for the carrying out of sections 92b-1 to 92b-3 of this title. -SOURCE- (Pub. L. 97-51, Sec. 101(c), Oct. 1, 1981, 95 Stat. 959.) -COD- CODIFICATION Section is based on section 2 of House Resolution 804, Ninety-sixth Congress, Oct. 2, 1980, as enacted into permanent law by H.R. 4120, as reported July 9, 1981, which was enacted into permanent law by section 101(c) of Pub. L. 97-51. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 92b-1, 92b-3 of this title. ------DocID 7322 Document 36 of 1400------ -CITE- 2 USC Sec. 126-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 126-2. Designation of reporters -STATUTE- The reporters of debates in the office of the Secretary of the Senate are hereby designated the official reporters of debates of the Senate. -SOURCE- (Pub. L. 89-545, Aug. 27, 1966, 80 Stat. 354.) ------DocID 7348 Document 37 of 1400------ -CITE- 2 USC Sec. 136a-2 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 136a-2. Librarian of Congress and Deputy Librarian of Congress; compensation -STATUTE- (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) (FOOTNOTE 1) of Public Law 97-377) shall, after application of section 128(b) (FOOTNOTE 2) 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. (FOOTNOTE 1) So in original. Probably should be 'section 129(a)'. (FOOTNOTE 2) So in original. Probably should be 'section 129(b)'. -SOURCE- (Pub. L. 98-63, title I, Sec. 904(a), (b), July 30, 1983, 97 Stat. 336.) -REFTEXT- REFERENCES IN TEXT 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) (129(a)) of Public Law 97-377), referred to in subsec. (b), is set out as notes under sections 5318 and 5384 of Title 5, Government Organization and Employees. Section 128(b) (129(b)) of Public Law 97-377, referred to in subsec. (b), is set out as a note under section 5318 of Title 5. -MISC2- EFFECTIVE DATE Section 904(c) of Pub. L. 98-63 provided that: 'The provisions of subsection (a) (enacting subsec. (a) of this section) 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 (July 30, 1983).' 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. ------DocID 7439 Document 38 of 1400------ -CITE- 2 USC Sec. 190a to 190a-2 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 190a to 190a-2. Repealed. S. Res. 274, Sec. 2(a), Nov. 14, 1979 -MISC1- Section 190a, acts Aug. 2, 1946, ch. 753, title I, Sec. 133, 60 Stat. 381; Oct. 26, 1970, Pub. L. 91-510, title I, Sec. 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, Sec. 1(2), 84 Stat. 1440; Oct. 11, 1971, Pub. L. 92-136, Sec. 3(a), (b), 85 Stat. 377; S. Res. 9, Sec. 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, Sec. 133A, as added Oct. 26, 1970, Pub. L. 91-510, title I, Sec. 111(a)(1), 112(a), 113(a), 114(a), 115(a), 116(a), 84 Stat. 1151-1153, and amended S. Res. 9, Sec. 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, Sec. 133B, as added Oct. 26, 1970, Pub. L. 91-510, title I, Sec. 130(a), 84 Stat. 1163, related to Senate committee rules. See Standing Rules of the Senate. ------DocID 6946 Document 39 of 1400------ -CITE- 2 USC Sec. 30a -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 30a. Jury duty exemption of elected officials of legislative branch -STATUTE- (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. -SOURCE- (Pub. L. 101-520, title III, Sec. 310, Nov. 5, 1990, 104 Stat. 2278.) -COD- CODIFICATION Section is from the Legislative Branch Appropriations Act, 1991. ------DocID 6947 Document 40 of 1400------ -CITE- 2 USC CHAPTER 3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -MISC1- Sec. 31. Compensation of Members of Congress. 31-1. Maximum amount of honoraria which may be accepted by Members of Congress. (a) Definitions. (b) Maximum as percentage of aggregate salary. (c) Honoraria paid to charitable organizations. 31-2. Gifts and travel. (a) Gifts. (b) Limits on domestic and foreign travel by Members and staff of Senate. 31a. Repealed. 31a-1. Expense allowance of Majority and Minority Leaders of Senate; expense allowance of Majority and Minority Whips; methods of payment; taxability. 31a-2. Representation Allowance Account for Majority and Minority Leaders of Senate. (a) Establishment; purpose. (b) Payments; allotment; reimbursement for actual expenses; taxability. (c) Authorization of appropriations. 31a-2a. Transfer of funds from representation allowance of Majority and Minority Leaders of Senate to expense allowance; availability; definitions. 31a-3. Expense allowance for Chairmen of Majority and Minority Conference Committees of Senate; method of payment; taxability. 31b. Expense allowance of Speaker of House of Representatives. 31b-1. Former Speakers of House of Representatives; retention of office, furniture, etc., in Congressional district following expiration of term as Representative; exceptions. 31b-2. Allowance available to former Speaker for payment of office and other expenses for administration, etc., of matters pertaining to incumbency in office as Representative and Speaker. 31b-3. Repealed. 31b-4. Franked mail and printing privileges of former Speaker. 31b-5. Staff assistance to former Speaker for administration, etc., of matters pertaining to incumbency in office as Representative and Speaker; compensation and status of staff. 31b-6, 31c. Repealed. 32. Compensation of President pro tempore of Senate. 32a. Compensation of Deputy President pro tempore of Senate. 32b. Expense allowance of President pro tempore of Senate; methods of payment; taxability. 33. Senators' salaries. 34. Representatives' and Delegates' salaries payable monthly. 35. Salaries payable monthly after taking oath. 35a. End-of-the-month salary payment schedule inapplicable to Senators. 36. Salaries of Senators. 36a. Payment of sums due deceased Senators and Senate personnel. 37. Salaries of Representatives, Delegates, and Resident Commissioners elected for unexpired terms. 38. Omitted. 38a. Disposition of unpaid salary and other sums upon death of Representative or Resident Commissioner. 38b. Death gratuity payments as gifts. 39. Deductions for absence. 40. Deductions for withdrawal. 40a. Deductions for delinquent indebtedness. 41. Newspapers. 42. Postage. 42a. Special delivery postage allowance for President of Senate. 42a-1, 42b. Omitted. 42c. Airmail and special delivery stamps for House Members and standing committees. 42d. Airmail and special delivery stamps for House Speaker, leaders, whips, and officers. 43. Mileage of Senators, Representatives, and Delegates. 43a. Mileage of President of Senate. 43b. Reimbursement of House Members for additional transportation expenses. 43b-1. Election by House Members of lump sum transportation payment in lieu of reimbursement of transportation expenses. 43b-2. Staff expenses for House Members attending organizational caucus or conference. 43b-3. Payments and reimbursements for certain House staff expenses. 43c. Repealed. 43d. Organizational expenses of Senator-elect. (a) Appointment of employees by Secretary of Senate to assist; termination of employment. (b) Payment of salaries of appointed employees; funding; maximum amount. (c) Payment of transportation and per diem expenses of Senator-elect and appointed employees for one round trip from home State to Washington, D.C. for business of impending Congress; funding; maximum amount. (d) Payment of telegram and telephone charges incurred by Senator-elect; funding; maximum amount. 44 to 46. Omitted. 46a. Stationery allowance for President of Senate. 46a-1. Senate revolving fund for stationery allowances; availability of unexpended balances; withdrawals. 46a-2 to 46a-4. Omitted or Repealed. 46b. Stationery allowance for House Members. 46b-1. House revolving fund for stationery allowances; disposition of moneys from stationery sales; availability of unexpended balances. 46b-2. Prorated stationery allowance for House Members. 46c, 46d. Repealed. 46d-1. Long-distance telephone calls for Vice President. 46d-2 to 46f-1. Repealed or Omitted. 46g. Telephone, telegraph, and radiotelegraph allowances for House Members. 46g-1. Telephone allowances for House Members for strictly official telephone service. 46h. Repealed. 46i. Definitions. 47. Mode of payment. 48. Certification of salary and mileage accounts. 49. Certificate of salary during recess. 50. Substitute to sign certificates for salary and accounts. 51. Monuments to deceased Senators or House Members. 52, 53. Repealed. 54. United States Code Annotated or Federal Code Annotated; procurement for House Members. 55. United States Code Annotated or United States Code Service; procurement for Senators. 56. Office expenses within the District of Columbia of the Delegate from the District of Columbia. 57. Adjustment of allowances by Committee on House Administration. 57a. Limitation on authority of Committee on House Administration to fix and adjust allowances. 58. Mail, telegraph, telephone, stationery, office supplies, and home State office and travel expenses for Senators. (a) Authorization for payment from Senate contingent fund. (b) Limits for authorized expenses; recalculation formula. (c), (d) Repealed. (e) Transportation, essential travel-related expenses, and per diem expenses; coverage; limitations; amounts. (f) Omitted. (g) Closing of deceased Senator's State offices. (h) Individuals serving on panels or other bodies recommending nominees for Federal judgeships, service academies, United States Attorneys, or United States Marshals. (i) Authorization of Secretary of Senate to pay reimbursable expenses. (j) Advances from Senate contingent fund for travel expenses for official business trips; vouchers; settlement. 58a. Telecommunications services for Senators; payment of costs out of contingent fund. 58a-1. Payment for telecommunications equipment and services; definitions. 58a-2. Certification of telecommunications equipment and services as official. (a) Regulations issued by Committee on Rules and Administration. (b) Equipment and services provided on reimbursable basis. (c) Establishment of reasonable charges. (d) Disposition of moneys received. (e) Committee authority to classify or reclassify equipment and services. 58a-3. Report on telecommunications to Committee on Rules and Administration. 58a-4. Metered charges on copiers; 'Sergeant at Arms' and 'user' defined; certification of services and equipment as official; deposit of payments; availability for expenditure. 58b. Repealed. 58c. Senators' Official Personnel and Office Expense Account. 58c-1. Transfer of funds by Members of Senate from Senate Official Mail Costs Account to Senator's Official Personnel and Office Expense Account; writing respecting transfer to Financial Clerk of Senate; available amount and uses. 59. Home State office space for Senators; lease of office space. (a) Procurement by Sergeant at Arms of Senate in places designated by Senator; places subject to use; lease of office space. (b) Maximum amount of aggregate square feet for each Senator. (c) Maximum annual rental rate; maximum aggregate amount for acquisition of furniture, equipment, and other office furnishings. (d) Senators subject to maximum amount of aggregate square feet and maximum annual rental rate. (e) Mobile office. 59a. Repealed. 59b. Purchase of office equipment or furnishings by Senators. (a) Authorization; conditions. (b) Request by Senator and arrangement for purchase by Sergeant at Arms of Senate; regulations governing purchase; price. (c) Remittance of amounts received to General Services Administration; disposition. 59c. Transferred. 59d. Transportation of official records and papers to House Members' district. (a) Payment of reasonable expenses from contingent fund of House; rules and regulations. (b) 'Member' and 'official records and papers' defined. 59e. Official mail of persons entitled to use congressional frank. (a) Congressional committee regulations for expenditure of appropriations for official mail. (b) Postmaster General functions. (c) Source of funds for expenses of official mail. (d) Maintenance or use of unofficial office accounts or defrayal of official expenses from certain funds prohibited. (e) Official Mail Allowance in House of Representatives. (f) Mass mailing; submission of samples or description of proposed mail matter; advisory opinion. (g) 'Member of the House of Reperesentatives' and 'person entitled to use the congressional frank' defined. (h) Omitted. (i) Effective date. 59f. Mass mailings by Senate offices; quarterly statements; publication of summary tabulations. 59g. Mass mailing of information by Senators under frank; quarterly registration with Secretary of Senate. ------DocID 6948 Document 41 of 1400------ -CITE- 2 USC Sec. 31 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31. Compensation of Members of Congress -STATUTE- (1) The annual rate of pay for - (A) each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico, (B) the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, and (C) the Speaker of the House of Representatives, shall be the rate determined for such positions under chapter 11 of this title, as adjusted by paragraph (2) of this section. (2) Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5 in the rates of pay under the General Schedule, each annual rate referred to in paragraph (1) shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the percentage of such annual rate which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect. -SOURCE- (Aug. 2, 1946, ch. 753, title VI, Sec. 601(a), 60 Stat. 850; Jan. 19, 1949, ch. 2, Sec. 1(d), 63 Stat. 4; Mar. 2, 1955, ch. 9, Sec. 4(a), 69 Stat. 11; Aug. 14, 1964, Pub. L. 88-426, title II, Sec. 204, 78 Stat. 415; Oct. 29, 1965, Pub. L. 89-301, Sec. 11(e), 79 Stat. 1120; Sept. 15, 1969, Pub. L. 91-67, Sec. 2, 83 Stat. 107; Aug. 9, 1975, Pub. L. 94-82, title II, Sec. 204(a), 89 Stat. 421; Nov. 30, 1989, Pub. L. 101-194, title VII, Sec. 704(a)(2)(B), 103 Stat. 1769; Nov. 5, 1990, Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(4)(D)), 104 Stat. 1427, 1439.) -REFTEXT- REFERENCES IN TEXT Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in par. (2), is section 704(a)(1) of Pub. L. 101-194, which is set out as a note under section 5318 of Title 5, Government Organization and Employees. The General Schedule, referred to in par. (2), is set out under section 5332 of Title 5. -MISC2- PRIOR PROVISIONS A prior section 31, acts Feb. 26, 1907, ch. 1635, Sec. 4, 34 Stat. 993; Mar. 4, 1925, ch. 549, Sec. 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. AMENDMENTS 1990 - Par. (2). Pub. L. 101-509 substituted '5303' for '5305'. 1989 - Par. (2). Pub. L. 101-194 substituted 'the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect' for 'the overall average percentage (as set forth in the report transmitted to the Congress under such section 5305) of the adjustment in the rates of pay under the General Schedule'. 1975 - Pub. L. 94-82 designated existing provisions as par. (1), substituted provisions that rate of pay of the specified parties shall be determined under section 351 et seq. of this title, as adjusted by par. (2) for provisions setting rate of compensation at $42,500 for Senators, Representatives, Delegates, and Resident Commissioner, $62,500 for Speaker, and $49,500 for President pro tempore of Senate and Majority and Minority Leaders of House and Senate, and added par. (2). 1969 - Pub. L. 91-67 increased compensation of Speaker from $43,000 to $62,500 per annum and compensation of Majority and Minority Leaders of both Houses of Congress from $35,000 to $49,500 per annum, and fixed compensation of President pro tempore of Senate at $49,500 per annum. 1965 - Pub. L. 89-301 inserted provisions setting rate of compensation of Majority and Minority Leaders of Senate and House of Representatives at $35,000 per annum each. 1964 - Pub. L. 88-426 increased compensation of Senators, Representatives and Resident Commissioner from $22,500 to $30,000 per annum and that of Speaker from $35,000 to $43,000 per annum, and eliminated provisions which related to Delegates from the Territories. 1955 - Act Mar. 2, 1955, increased salaries of Senators, Representatives, Delegates, and Resident Commissioner from $12,500 a year to $22,500 and compensation of Speaker from $30,000 to $35,000 a year. 1949 - Act Jan. 19, 1949, increased Speaker's salary from $20,000 per year to $30,000. 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, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 704(b) of Pub. L. 101-194, set out as a note under section 5318 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-67 effective Mar. 1, 1969, see section 3 of Pub. L. 91-67, set out as a note under section 104 of Title 3, The President. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-301 effective on first day of first pay period which begins on or after October 1, 1965, see section 17 of Pub. L. 89-301. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-426 effective at noon, Jan. 3, 1965, see section 501(b) of Pub. L. 88-426. EFFECTIVE DATE OF 1955 AMENDMENT Section 5 of act Mar. 2, 1955, provided that: 'The provisions of this Act (amending this section, section 104 of Title 3, The President, section 7443 of Title 26, Internal Revenue Code, sections 5, 44, 135, 173, 213, 252, and 508 of Title 28, Judiciary and Judicial Procedure, section 101 of Title 48, Territories and Insular Possessions, and section 654 of Title 50, War and National Defense, and repealing section 31a of this title) shall take effect Mar. 1, 1955.' EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Jan. 19, 1949, effective at noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949. EFFECTIVE DATE Section 601(a) of act Aug. 2, 1946, provided that the salary rates provided by such section 601(a) are effective Jan. 3, 1947. SHORT TITLE OF 1964 AMENDMENT Section 201 of title II of Pub. L. 88-426 provided that: 'This title (enacting sections 61a, 61a-2, 61d, 61e, 60e-11, 84-2, 136a, 136b, and 273 of this title, sections 42a and 51a of former Title 31, Money and Finance, sections 162a, 166b, and 166b-1 of Title 40, Public Buildings, Property, and Works, and section 39a of former Title 44, Public Printing and Documents, amending this section and section 72a of this title, and enacting provisions set out as notes under this section and sections 60a-1 and 60f of this title) may be cited as the 'Federal Legislative Salary Act of 1964'.' 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, Sec. 130(c), Oct. 1, 1981, 95 Stat. 966, provided that: 'Effective beginning with fiscal year 1983, and continuing each year thereafter, such sums as hereafter may be necessary for 'Compensation of Members' (and administrative expenses related thereto), as authorized by law and at such level recommended by the President for Federal employees for that fiscal year are hereby appropriated from money in the Treasury not otherwise appropriated. Such sums when paid shall be in lieu of any sums accrued in prior years but not paid. For purposes of this subsection, the term 'Member' means each Member of the Senate and the House of Representatives, the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, Guam, Virgin Islands, and American Samoa, and the Vice President.' SALARY INCREASES 1991 - Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, set out as a note under section 5332 of Title 5, Government Organization and Employees, provided for the adjustment of pay rates effective Jan. 1, 1991. 1990 - Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided for adjustments of pay rates effective Jan. 1, 1990, and Jan. 31, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, set out as a note under section 5332 of Title 5. 1989 - Pub. L. 101-194, title VII, Sec. 703(a)(2), Nov. 30, 1989, 103 Stat. 1768, set out as a note under section 5318 of Title 5, provided that effective Jan. 1, 1991, the rate of basic pay for the offices and positions under 2 U.S.C. 356(A) and (B) shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), except that this shall not affect the rate of basic pay for a Senator, the President pro tempore of the Senate, or the majority leader or the minority leader of the Senate. Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for the adjustment of pay rates effective Jan. 1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out as a note under section 5332 of Title 5. 1988 - Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided for the adjustment of pay rates effective Jan. 1, 1988, was superseded by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under section 5332 of Title 5. 1987 - Salary of Speaker of House of Representatives increased to $115,000 per annum; salaries of President pro tempore of Senate, majority leader and minority leader of Senate, and majority leader and minority leader of House of Representatives increased to $99,500 per annum; and salaries of Senators, Members of House of Representatives, Delegates to House of Representatives, and Resident Commissioner from Puerto Rico increased to $89,500 per annum, on recommendation of the President of the United States, effective Mar. 1, 1987, set out as a note under section 358 of this title. Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided for the adjustment of pay rates effective Jan. 1, 1987, was superseded by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under section 5332 of Title 5. 1985 - Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for the adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under section 5332 of Title 5. 1984 - Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, which provided for the adjustment of pay rates effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under section 5332 of Title 5. 1983 - Pub. L. 98-63, title I, Sec. 908(d), (f), July 30, 1983, 97 Stat. 338, provided that, effective with respect to service as a Member performed on or after July 1, 1983: 'Notwithstanding any other provision of law, in the case of a Member who is serving in the office or position of Senator, President pro tempore of the Senate, Majority Leader of the Senate, or Minority Leader of the Senate during a calendar year, the annual rate of pay that is paid to such Member for such service shall not be less than the annual rate of pay payable for such position on December 17, 1982, increased by 15 percent and rounded in accordance with section 5318 of title 5, United States Code.' 1982 - Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided for the adjustment of pay rates effective Oct. 1, 1982, was superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a note under section 5332 of Title 5. Maximum rates payable after Dec. 17, 1982, increased from $60,662.50, $68,575.00, and $79,125.00 to $69,800.00, $78,900.00, and $91,000.00, respectively, except for Senators, see Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under section 5318 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of Pub. L. 97-276, as amended, set out as a note under section 5318 of Title 5. 1981 - Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided for the adjustment of pay rates effective Oct. 1, 1981, was superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under section 5332 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of Pub. L. 97-92, set out as a note under section 5318 of Title 5. 1980 - Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided for the adjustment of pay rates effective Oct. 1, 1980, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101(c) of Pub. L. 96-536, as amended, set out as a note under section 5318 of Title 5. 1979 - Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58761, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, which provided for the adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5. Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a note under section 5318 of Title 5. 1978 - Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which provided for the adjustment of pay rates effective Oct. 1, 1978, was superseded by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, formerly set out as a note under section 5332 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above Level V of the Executive Schedule, see section 304 of Pub. L. 95-391 and section 613 of Pub. L. 95-429, set out as a note under section 5318 of Title 5. 1977 - Salary of Speaker of House of Representatives increased to $75,000 per annum; salaries of President pro tempore of Senate, majority leader and minority leader of Senate, and majority leader and minority leader of House of Representatives increased to $65,000 per annum; and salaries of Senators, Members of House of Representatives, Delegate to House of Representatives and Resident Commissioner from Puerto Rico increased to $57,500 per annum, on recommendation of the President of the United States effective at the beginning of the first pay period beginning after the 30th day following Jan. 17, 1977, set out as a note under section 358 of this title. Pub. L. 95-66, Sec. 1(2), July 11, 1977, 91 Stat. 270, set out as a note under section 5318 of Title 5, Government Organization and Employees, provided that the first adjustment which, but for the enactment of Pub. L. 95-66, would have been made in the annual rate of pay for Members of Congress under paragraph (2) of this section after July 11, 1977, would not take effect. 1976 - Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided for the adjustment of pay rates effective Oct. 1, 1976, was superseded by Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set out as a note under section 5332 of Title 5. 1975 - Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which provided for the adjustment of pay rates effective Oct. 1, 1975, was superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, formerly set out as a note under section 5332 of Title 5. 1969 - Salaries of Senators, Members of House of Representatives, and Resident Commissioner from Puerto Rico increased to $42,500, on recommendation of the President of the United States, effective at the beginning of the first pay period beginning after the 30th day following Jan. 15, 1969, set out as a note under section 358 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 the courts of the United States and for the Vice President, the Speaker of the House of Representatives, and Members of Congress, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 657. -CROSS- CROSS REFERENCES Claims for overpayment of pay or allowances to Senators, see section 130c of this title. Expense allowance of Speaker of House of Representatives, see section 31b of this title. Retirement pay, see section 8331 et seq., of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 25b, 31-1 of this title. ------DocID 6949 Document 42 of 1400------ -CITE- 2 USC Sec. 31-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31-1. Maximum amount of honoraria which may be accepted by Members of Congress -STATUTE- (a) Definitions For the purposes of this section - (1) 'charitable organization' means an organization described in section 170(c) of title 26; (2) 'honorarium' means a payment of money or anything of value to a Member for an appearance, speech, or article, by the Member; but there shall not be taken into account for the purposes of this section any actual and necessary travel expenses, incurred by the Member, and spouse or child or an aide to the extent that such expenses are paid or reimbursed by any other person, and the amount otherwise determined shall be reduced by the amount of any such expenses to the extent that such expenses are not paid or reimbursed; (3) 'Member' means a Senator; and (4) 'travel expenses' means with respect to a Member, and spouse or child or an aide, the cost of transportation, and the cost of lodging and meals while away from his or her residence or the metropolitan area of Washington, District of Columbia. (b) Maximum as percentage of aggregate salary (1) Notwithstanding any other provision of law, except as provided in paragraph (2), on and after January 1, 1984, a Member shall not accept honoraria which are attributable to any calendar year and total more than the amount that is equal to 40 percent of the aggregate salary paid to such Member for service as a Member during such calendar year. (2) An individual who becomes a Member on a date after the first day of a calendar year shall not accept honoraria which are attributable to the remaining portion of that calendar year on and after the date such individual becomes a Member and total more than the amount that is equal to 40 percent of the aggregate salary paid to the Member for service as a Member during such calendar year. (3) For the purposes of this subsection, an honorarium shall be attributable to the period or calendar year in which payment is received. (4) Notwithstanding the provisions of this subsection - (A) the percentage referred to under paragraphs (1) and (2) shall be 27 percent as such paragraphs apply to United States Senators in the calendar year beginning on January 1, 1990; (B)(i) beginning on and after January 1, 1991, if the aggregate salary of a United States Senator is increased pursuant to section 31(2) of this title, chapter 11 of this title, or any other provision of law, the percentage referred to under paragraphs (1) and (2) (with respect to United States Senators) shall be reduced by a percentage resulting in a dollar amount decrease in the limit of honorarium for each dollar amount of increase of such aggregate salary; and (ii) beginning on January 1 of the calendar year in which the adjustments under clause (i) of this subparagraph result in a limitation of accepting honoraria less than or equal to 1 percent of the aggregate salary paid to United States Senators for service as Senators in such calendar year, the acceptance of honoraria shall be prohibited, and thereafter no Senator shall accept honoraria. (c) Honoraria paid to charitable organizations Any honorarium, or any part thereof, paid by or on behalf of a Member to a charitable organization shall be deemed not to be accepted for the purposes of subsection (b) of this section. -SOURCE- (Pub. L. 98-63, title I, Sec. 908(a)-(c), July 30, 1983, 97 Stat. 337, 338; Pub. L. 99-190, Sec. 137, Dec. 19, 1985, 99 Stat. 1323; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-194, title VI, Sec. 601(b)(2), title XI, Sec. 1101(b), Nov. 30, 1989, 103 Stat. 1762, 1782; Pub. L. 101-280, Sec. 7(b)(2) ((d)(2)), May 4, 1990, 104 Stat. 161.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1983. -MISC3- AMENDMENTS 1990 - Subsec. (a)(2), (4). Pub. L. 101-280 inserted 'or child' after 'spouse'. 1989 - Subsec. (a)(3). Pub. L. 101-194, Sec. 601(b)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ' 'Member' means a United States Senator, a Member of the House of Representatives, a Delegate to the House of Representatives, or the Resident Commissioner from Puerto Rico; and'. Subsec. (b)(4). Pub. L. 101-194, Sec. 1101(b), added par. (4). 1986 - Subsec. (a)(1). 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. (b)(1), (2). Pub. L. 99-190 substituted '40 percent' for '30 percent'. EFFECTIVE DATE OF 1989 AMENDMENT Section 603 of title VI of Pub. L. 101-194 provided that: 'The amendments made by this title (amending this section, section 441i of this title, title V of the Ethics in Government Act of 1978, Pub. L. 95-521, set out in the Appendix to Title 5, Government Organization and Employees, and section 7701 of Title 26, Internal Revenue Code) shall take effect on January 1, 1991. Such amendments shall cease to be effective if the provisions of section 703 (5 U.S.C. 5318 note) are subsequently repealed, in which case the laws in effect before such amendments shall be deemed to be reenacted.' EFFECTIVE DATE OF 1985 AMENDMENT Section 137 of Pub. L. 99-190 provided that the amendment made by that section is effective on and after Jan. 1, 1986. SPECIAL RULE FOR EFFECTIVE DATE OF ADJUSTMENTS OF PAY AND HONORARIA Section 1101(c) of Pub. L. 101-194 provided that: 'Notwithstanding any other provision of this section (amending this section and enacting provisions set out as a note under section 5303 of Title 5, Government Organization and Employees), no adjustment in any rate of pay and section 908(b)(4)(A) of the Supplemental Appropriations Act, 1983 (2 U.S.C. 31-1(b)(4)(A)), as added by subsection (b) of this section, shall become effective, as a result of the enactment of this section, before the first applicable pay period beginning on or after the date as of which the order issued by the President on October 16, 1989 (2 U.S.C. 902 note), pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) is rescinded.' ------DocID 6911 Document 43 of 1400------ -CITE- 2 USC CHAPTER 1 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -MISC1- Sec. 1. Time for election of Senators. 1a. Election to be certified by governor. 1b. Countersignature of certificate of election. 2. Omitted. 2a. Reapportionment of Representatives; time and manner; existing decennial census figures as basis; statement by President; duty of clerk. 2b. Number of Representatives from each State in 78th and subsequent Congresses. 2c. Number of Congressional Districts; number of Representatives from each District. 3, 4. Omitted. 5. Nominations for Representatives at large. 6. Reduction of representation. 7. Time of election. 8. Vacancies. 9. Voting for Representatives. ------DocID 6951 Document 44 of 1400------ -CITE- 2 USC Sec. 31a -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31a. Repealed. Mar. 2, 1955, ch. 9, Sec. 4(b), 69 Stat. 11, eff. Mar. 1, 1955 -MISC1- Section, acts Aug. 2, 1946, ch. 753, title VI, Sec. 601(b), 60 Stat. 850; Oct. 20, 1951, ch. 521, title VI, Sec. 619(d), 65 Stat. 570, related to expense allowance for Senators, Representatives, Delegates, and Resident Commissioner. ------DocID 6952 Document 45 of 1400------ -CITE- 2 USC Sec. 31a-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31a-1. Expense allowance of Majority and Minority Leaders of Senate; expense allowance of Majority and Minority Whips; methods of payment; taxability -STATUTE- Effective fiscal year 1978 and each fiscal year thereafter, the expense allowances of the Majority and Minority Leaders of the Senate are increased to $10,000 each fiscal year for each leader: Provided, That, effective with the fiscal year 1983 and each fiscal year thereafter, the expense allowance of the Majority and Minority Whips of the Senate shall not exceed $5,000 each fiscal year for each Whip: Provided further, That, during the period beginning on January 3, 1977, and ending September 30, 1977, and during each fiscal year thereafter, the Vice President, the Majority Leader, the Minority Leader, the Majority Whip, and the Minority Whip may receive the expense allowance (a) as reimbursement for actual expenses incurred upon certification and documentation of such expenses by the Vice President, the respective Leader or the respective Whip, or (b) in equal monthly payments: Provided further, That effective January 3, 1977, the amounts paid to the Vice President, the Majority or Minority Leader of the Senate, or the Majority or Minority Whip of the Senate as reimbursement of actual expenses incurred upon certification and documentation pursuant to the second proviso of this section shall not be reported as income, and the expenses so reimbursed shall not be allowed as a deduction, under title 26. -SOURCE- (Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 79; Pub. L. 95-94, title I, Sec. 109, Aug. 5, 1977, 91 Stat. 661; Pub. L. 95-355, title I, Sept. 8, 1978, 92 Stat. 532; Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat. 333; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -COD- CODIFICATION Section is based on the three provisos in paragraph under heading 'Expense Allowances of the Vice President, Majority and Minority Leaders and Majority and Minority Whips' in the appropriation for the Senate in the Supplemental Appropriations Act, 1977 (Pub. L. 95-26), and section 109 of the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978 (Pub. L. 95-94), and subsequent acts cited in the credits to this section. -MISC3- AMENDMENTS 1986 - 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. 1983 - Pub. L. 98-63 substituted provisions increasing allowances for each Whip to $5,000 each fiscal year, effective fiscal year 1983 and each fiscal year thereafter, for provisions authorizing not to exceed $2,500 each fiscal year for each Whip, effective Apr. 1, 1977. 1978 - Pub. L. 95-355 substituted provisions increasing allowances for each leader to $10,000 each fiscal year, effective fiscal year 1978 and each fiscal year thereafter, for provisions authorizing not to exceed $5,000 each fiscal year for each leader, effective with fiscal year 1977 and each fiscal year thereafter. ------DocID 6912 Document 46 of 1400------ -CITE- 2 USC Sec. 1 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 1. Time for election of Senators -STATUTE- 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. -SOURCE- (June 4, 1914, ch. 103, Sec. 1, 38 Stat. 384; June 5, 1934, ch. 390, Sec. 3, 48 Stat. 879.) -MISC1- 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.' -CROSS- CROSS REFERENCES Time for election of Senators, see Const. Art. I, Sec. 4, cl. 1. Vacancies in the Senate, see Const. Amend. XVII. ------DocID 6954 Document 47 of 1400------ -CITE- 2 USC Sec. 31a-2a -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31a-2a. Transfer of funds from representation allowance of Majority and Minority Leaders of Senate to expense allowance; availability; definitions -STATUTE- (a) The Secretary of the Senate shall, upon the written request of the Majority or Minority Leader of the Senate, transfer from any available funds in such Leader's allotment in the Leader's Representation Allowance (as defined in subsection (b)(1) of this section) for any fiscal year (commencing with the fiscal year ending September 30, 1985) to such Leader's Expense Allowance (as defined in subsection (b)(2) of this section) to such year such amount as is specified in the request. Any funds so transferred for any fiscal year at the request of either such Leader shall be available to such Leader for such year for the same purposes as, and in like manner and subject to the same conditions as, are other funds which are available to him for such year as his expense allowance as Majority or Minority Leader. (b)(1) The term 'Leader's Representation Allowance' means the Representation Allowance Account for the Majority and Minority Leaders established by section 31a-2 of this title. (2) The term 'Leader's Expense Allowance', when used in reference to the Majority or Minority Leader of the Senate, refers to the moneys available, for any fiscal year, to such Leader as an expense allowance and the appropriation account from which such moneys are funded. -SOURCE- (Pub. L. 100-71, title I, Sec. 1, July 11, 1987, 101 Stat. 422.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1987. ------DocID 6955 Document 48 of 1400------ -CITE- 2 USC Sec. 31a-3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31a-3. Expense allowance for Chairmen of Majority and Minority Conference Committees of Senate; method of payment; taxability -STATUTE- For each fiscal year (commencing with the fiscal year ending September 30, 1985), there is hereby authorized an expense allowance for the Chairmen of the Majority and Minority Conference Committees which shall not exceed $3,000 each fiscal year for each such Chairman; and amounts from such allowance shall be paid to either of such Chairmen only as reimbursement for actual expenses incurred by him and upon certification and documentation of such expenses, and amounts so paid shall not be reported as income and shall not be allowed as a deduction under title 26. -SOURCE- (Pub. L. 99-88, title I, Aug. 15, 1985, 99 Stat. 348.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1985. ------DocID 6956 Document 49 of 1400------ -CITE- 2 USC Sec. 31b -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31b. Expense allowance of Speaker of House of Representatives -STATUTE- There shall be paid to the Speaker of the House of Representatives in equal monthly installments an expense allowance of $10,000 per annum (which shall be in lieu of the allowance provided by section 601(b) (FOOTNOTE 1) of the Legislative Reorganization Act of 1946, as amended) to assist in defraying expenses relating to or resulting from the discharge of his official duties, for which no accounting, other than for income tax purposes, shall be made by him. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Jan. 19, 1949, ch. 2, Sec. 1(e), 63 Stat. 4; Oct. 20, 1951, ch. 521, title VI, Sec. 619(c), 65 Stat. 570.) -REFTEXT- REFERENCES IN TEXT Section 601(b) of the Legislative Reorganization Act of 1946, as amended, referred to in text, was classified to section 31a of this title, and was repealed by act Mar. 2, 1955, ch. 9, Sec. 4(b), 69 Stat. 11, eff. Mar. 1, 1955. -MISC2- AMENDMENTS 1951 - Act Oct. 20, 1951, made Speaker's expense allowance taxable. EFFECTIVE DATE OF 1951 AMENDMENT Amendment by act Oct. 20, 1951, effective at noon, Jan. 3, 1953, see section 619(e) of act Oct. 20, 1951, set out as a note under section 102 of Title 3, The President. EFFECTIVE DATE Section effective at noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949. -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. ------DocID 6957 Document 50 of 1400------ -CITE- 2 USC Sec. 31b-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31b-1. Former Speakers of House of Representatives; retention of office, furniture, etc., in Congressional district following expiration of term as Representative; exceptions -STATUTE- (a) Each former Speaker of the House of Representatives (hereafter referred to in sections 31b-1 to 31b-6 of this title as the 'Speaker') is entitled to retain, for as long as he determines there is need therefor, commencing at the expiration of his term of office as a Representative in Congress the complete and exclusive use of one office selected by him in order to facilitate the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives. Such office shall be located in the United States and shall be furnished and maintained by the Government in a condition appropriate for his use. (b) Sections 31b-1 to 31b-6 of this title shall not apply with respect to any former Speaker of the House of Representatives for any period during which such former Speaker holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate or to any former Speaker separated from the service by reason of expulsion from the House. -SOURCE- (Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93-532, Sec. 1, Dec. 22, 1974, 88 Stat. 1723; Pub. L. 99-225, Dec. 28, 1985, 99 Stat. 1743.) -COD- CODIFICATION Subsection (a) of this section is based on section 1 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent law by Pub. L. 91-665. Subsection (b) of this section is based on section 1(b) of Pub. L. 93-532. As originally enacted into permanent law, section applied to Speaker of House of Representatives in 91st Congress and has been extended to apply to each former Speaker of House of Representatives. See section 1(a) of Pub. L. 93-532, set out as a note under this section. -MISC3- AMENDMENTS 1985 - Subsec. (a). Pub. L. 99-225 substituted 'one office selected by him in order to facilitate the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives. Such office shall be located in the United States and shall be furnished and maintained by the Government in a condition appropriate for his use' for 'the Federal office space which is currently made available for his use in the congressional district represented by him and which shall be maintained by the Government in a condition appropriate for his use as he may request, together with all furniture, equipment, and furnishings currently made available by the Government for his use in connection with such office space, including any necessary replacements of such office furniture, equipment, and furnishings, in order to facilitate the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives'. EFFECTIVE DATE Section 7 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, as enacted into permanent law by Pub. L. 91-665, provided that: 'The foregoing provisions of this resolution (enacting sections 31b-1 to 31b-6 of this title) shall become effective on the date of the enactment of this resolution as permanent law (Jan. 8, 1971).' EXTENSION OF HOUSE RESOLUTION NO. 1238, 91ST CONGRESS, TO FORMER SPEAKERS OF HOUSE OF REPRESENTATIVES Section 1(a) of Pub. L. 93-532 provided that: 'The provisions of H. Res. 1238, Ninety-first Congress, as enacted into permanent law by the Supplemental Appropriations Act, 1971 (84 Stat. 1989) (enacting sections 31b-1 to 31b-6 of this title and provision set out as a note under this section), are hereby extended to, and made applicable with respect to, each former Speaker of the House of Representatives, as long as he determines there is need therefor, commencing at the expiration of his term of office as Representative in Congress.' ------DocID 6913 Document 51 of 1400------ -CITE- 2 USC Sec. 1a -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 1a. Election to be certified by governor -STATUTE- 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. -SOURCE- (R.S. Sec. 18.) -COD- CODIFICATION R.S. Sec. 18 derived from act July 25, 1866, ch. 245, Sec. 3, 14 Stat. 244. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1b of this title. ------DocID 6959 Document 52 of 1400------ -CITE- 2 USC Sec. 31b-3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31b-3. Repealed. Pub. L. 99-151, title I, Sec. 102(b), Nov. 13, 1985, 99 Stat. 797 -MISC1- Section, based on H. Res. No. 1238, Sec. 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, Sec. 1(a), Dec. 22, 1974, 88 Stat. 1723, provided for reimbursement of the former Speaker of the House for telephone service charges for administration, etc., of matters pertaining to incumbency in office as Representative and Speaker. ------DocID 6960 Document 53 of 1400------ -CITE- 2 USC Sec. 31b-4 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31b-4. Franked mail and printing privileges of former Speaker -STATUTE- (a) The Speaker may send mail as franked mail under sections 3210 and 3213 of title 39, and send and receive mail as franked mail under section 3211 of that title, for as long as he determines there is need therefor, commencing at the close of the period specified in those sections following the expiration of his term of office as a Representative in Congress. The postage on such mail, including registry fees if registration is required, shall be paid and credited as provided by section 3216(a) of title 39. (b) For as long as he determines there is need therefor, commencing at the expiration of his term of office as a Representative in Congress, the Speaker shall be entitled to the benefits afforded by section 733 of title 44. -SOURCE- (Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93-532, Sec. 1(a), Dec. 22, 1974, 88 Stat. 1723.) -COD- CODIFICATION Section is based on section 4 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent law by Pub. L. 91-665. As originally enacted into permanent law, section applied to Speaker of House of Representatives in 91st Congress and has been extended to apply to each former Speaker of House of Representatives. See section 1(a) of Pub. L. 93-532, set out as a note under section 31b-1 of this title. References to sections of Title 39, Postal Service, have been substituted for references to obsolete sections of Title 39, The Postal Service, in view of revision and reenactment of such Title by the Postal Reorganization Act, Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 719. -MISC3- EFFECTIVE DATE Section effective Jan. 8, 1971, see Effective Date note set out under section 31b-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 31b-1 of this title. ------DocID 6961 Document 54 of 1400------ -CITE- 2 USC Sec. 31b-5 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31b-5. Staff assistance to former Speaker for administration, etc., of matters pertaining to incumbency in office as Representative and Speaker; compensation and status of staff -STATUTE- In order to provide staff assistance to the Speaker in connection with the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives, the contingent fund of the House is hereby made available, for as long as he determines there is need therefor, commencing at the expiration of the term of office of the Speaker as a Representative in Congress to enable the Clerk of the House to pay the salaries of an Administrative Assistant, who shall be paid at a basic per annum rate of not to exceed the then current rate for step 5 of level 11 of the House Employees Schedule, as determined by the Speaker, a Secretary, who shall be paid at a basic per annum rate of not to exceed the then current rate for step 9 of level 8 of such Schedule, as determined by the Speaker, and an additional Secretary, who shall be paid at a gross per annum rate of not to exceed the then current rate for step 1 of level 6 of such Schedule as determined by the Speaker, designated and appointed by the Speaker to serve as members of his office staff in such period. Each person so designated and appointed shall be held and considered, for the duration of such appointment, as - (1) an 'employee' for the purposes of subchapter I of chapter 81 (relating to compensation for work injuries) of title 5, and (2) a 'congressional employee' within the meaning of section 2107 of title 5, for the purposes of - (A) subchapter III (relating to civil service retirement) of chapter 83 of such title, (B) chapter 87 (relating to Federal employees group life insurance) of such title, and (C) chapter 89 (relating to Federal employees group health insurance) of such title. -SOURCE- (Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93-532, Sec. 1(a), Dec. 22, 1974, 88 Stat. 1723; Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668; Pub. L. 99-151, title I, Sec. 102(a), Nov. 13, 1985, 99 Stat. 797.) -COD- CODIFICATION Section is based on section 5 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent law by Pub. L. 91-665. Amendment by Pub. L. 95-94 is based on section 2 of House Resolution No. 1576, Ninety-fourth Congress, Sept. 30, 1976, which was enacted into permanent law by Pub. L. 95-94. As originally enacted into permanent law, section applied to Speaker of House of Representatives in 91st Congress and has been extended to apply to each former Speaker of House of Representatives. See section 1(a) of Pub. L. 93-532, set out as a note under section 31b-1 of this title. -MISC3- AMENDMENTS 1985 - Pub. L. 99-151 substituted 'not to exceed the then current rate for step 5 of level 11 of the House Employees Schedule' for 'not to exceed $3,000' the first place it appeared, 'not to exceed the then current rate for step 9 of level 8 of such Schedule' for 'not to exceed $3,000' the second place it appeared, and 'not to exceed the then current rate for step 1 of level 6 of such Schedule' for 'not to exceed $9,000'. 1977 - Pub. L. 95-94 inserted reference to an additional Secretary paid at a gross per annum of not to exceed $9,000 as determined by the Speaker and struck out 'as Administrative Assistant or Secretary' after 'Each person so designated and appointed'. EFFECTIVE DATE OF 1977 AMENDMENT Section 2 of H. Res. 1576 provided that amendment is effective on the date of enactment of such section 2 into permanent law, Aug. 5, 1977, the date of approval of Pub. L. 95-94. See Codification note above. EFFECTIVE DATE Section effective Jan. 8, 1971, see Effective Date note set out under section 31b-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 31b-1 of this title. ------DocID 6962 Document 55 of 1400------ -CITE- 2 USC Sec. 31b-6 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31b-6. Repealed. Pub. L. 99-151, title I, Sec. 102(b), Nov. 13, 1985, 99 Stat. 797 -MISC1- Section, based on H. Res. No. 1238, Sec. 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, Sec. 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. ------DocID 6963 Document 56 of 1400------ -CITE- 2 USC Sec. 31c -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31c. Repealed. Pub. L. 97-51, Sec. 139(b)(2), Oct. 1, 1981, 95 Stat. 967 -MISC1- Section, act 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. 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. ------DocID 6964 Document 57 of 1400------ -CITE- 2 USC Sec. 32 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 32. Compensation of President pro tempore of Senate -STATUTE- Whenever there is no Vice President, the President of the Senate for the time being is entitled to the compensation provided by law for the Vice President. -SOURCE- (R.S. Sec. 36.) -COD- CODIFICATION R.S. Sec. 36 derived from act Aug. 16, 1856, ch. 123, Sec. 2, 11 Stat. 48. -CROSS- CROSS REFERENCES Compensation of Vice President, see section 104 of Title 3, The President. Mileage of President of Senate, see section 43a of this title. ------DocID 6965 Document 58 of 1400------ -CITE- 2 USC Sec. 32a -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 32a. Compensation of Deputy President pro tempore of Senate -STATUTE- Effective January 5, 1977, the compensation of a Deputy President pro tempore of the Senate shall be at a rate equal to the rate of annual compensation of the President pro tempore and the Majority and Minority Leaders of the Senate. -SOURCE- (Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 79.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1977. ------DocID 6966 Document 59 of 1400------ -CITE- 2 USC Sec. 32b -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 32b. Expense allowance of President pro tempore of Senate; methods of payment; taxability -STATUTE- Effective with fiscal year 1978 and each fiscal year thereafter, there is hereby authorized an expense allowance for the President Pro Tempore which shall not exceed $10,000 each fiscal year. The President Pro Tempore may receive the expense allowance (1) as reimbursement for actual expenses incurred upon certification and documentation of such expenses by the President Pro Tempore, or (2) in equal monthly payments. Such amounts paid to the President Pro Tempore as reimbursement of actual expenses incurred upon certification and documentation pursuant to this provision, shall not be reported as income, and the expenses so reimbursed shall not be allowed as a deduction, under title 26. -SOURCE- (Pub. L. 95-355, title I, Sept. 8, 1978, 92 Stat. 532; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- AMENDMENTS 1986 - 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. ------DocID 6967 Document 60 of 1400------ -CITE- 2 USC Sec. 33 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 33. Senators' salaries -STATUTE- Senators elected, whose term of office begins on the 3d day of January, and whose credentials in due form of law shall have been presented in the Senate, may receive their compensation from the beginning of their term. -SOURCE- (June 19, 1934, ch. 648, title I, Sec. 1, 48 Stat. 1022; Oct. 1, 1981, Pub. L. 97-51, Sec. 112(b)(2), 95 Stat. 963.) -MISC1- PRIOR PROVISIONS A prior section 33, act Mar. 3, 1883, ch. 143, 22 Stat. 632, which entitled Senators to receive their compensation monthly, from the beginning of their term, was repealed by section 112(b)(1) of Pub. L. 97-51. AMENDMENTS 1981 - Pub. L. 97-51 struck out 'monthly' after 'may receive their compensation'. EFFECTIVE DATE OF 1981 AMENDMENT Section 112(e) of Pub. L. 97-51 provided that: 'The amendments and repeals made by this section (enacting section 35a of this title and amending this section and sections 39 and 60c-1 of this title) shall be effective in the case of compensation payable for months after December 1981.' -CROSS- CROSS REFERENCES Claims for overpayment of pay or allowances to Senators, see section 130c of this title. ------DocID 6968 Document 61 of 1400------ -CITE- 2 USC Sec. 34 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 34. Representatives' and Delegates' salaries payable monthly -STATUTE- Representatives and Delegates-elect to Congress, whose credentials in due form of law have been duly filed with the Clerk of the House of Representatives, in accordance with the provisions of section 26 of this title, may receive their compensation monthly, from the beginning of their term until the beginning of the first session of each Congress, upon a certificate in the form now in use to be signed by the Clerk of the House, which certificate shall have the like force and effect as is given to the certificate of the Speaker. -SOURCE- (R.S. Sec. 38; Mar. 3, 1875, ch. 130, Sec. 1, 18 Stat. 389.) -COD- CODIFICATION R.S. Sec. 38 derived from act Mar. 3, 1873, ch. 226, Sec. 1, 17 Stat. 488. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 6969 Document 62 of 1400------ -CITE- 2 USC Sec. 35 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 35. Salaries payable monthly after taking oath -STATUTE- Each Member and Delegate, after he has taken and subscribed the required oath, is entitled to receive his salary at the end of each month. -SOURCE- (R.S. Sec. 39.) -COD- CODIFICATION R.S. Sec. 39 derived from Res. Mar. 29, 1867, No. 18, 15 Stat. 24. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 25b, 35a of this title. ------DocID 6970 Document 63 of 1400------ -CITE- 2 USC Sec. 35a -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 35a. End-of-the-month salary payment schedule inapplicable to Senators -STATUTE- Section 35 of this title shall not be construed as being applicable to a Senator. -SOURCE- (Pub. L. 97-51, Sec. 112(c), Oct. 1, 1981, 95 Stat. 963.) -COD- CODIFICATION Provisions of subsec. (c) of section 112 of Pub. L. 97-51 that such subsec. (c) would apply on and after the effective date of the amendments and repeals made by section 112 of Pub. L. 97-51 were omitted in the codification of this section since their impact was identical to that of the effective date provisions of subsec. (e) of section 112 of Pub. L. 97-51, set out as an Effective Date of 1981 Amendment note under section 33 of this title. See Effective Date note below. -MISC3- EFFECTIVE DATE Section effective in the case of compensation payable for months after December 1981, see section 112(e) of Pub. L. 97-51, set out as an Effective Date of 1981 Amendment note under section 33 of this title. ------DocID 6971 Document 64 of 1400------ -CITE- 2 USC Sec. 36 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 36. Salaries of Senators -STATUTE- Salaries of Senators appointed to fill vacancies in the Senate shall commence on the day of their appointment and continue until their successors are elected and qualified: Provided, That when Senators have been elected during a sine die adjournment of the Senate to succeed appointees, the salaries of Senators so elected shall commence on the day following their election. Salaries of Senators elected during a session to succeed appointees shall commence on the day they qualify: Provided, That when Senators have been elected during a session to succeed appointees, but have not qualified, the salaries of Senators so elected shall commence on the day following the sine die adjournment of the Senate. When no appointments have been made the salaries of Senators elected to fill such vacancies shall commence on the day following their election. -SOURCE- (Feb. 10, 1923, ch. 68, 42 Stat. 1225; Feb. 6, 1931, ch. 111, 46 Stat. 1065; June 19, 1934, ch. 648, title I, Sec. 1, 48 Stat. 1022; Feb. 13, 1935, ch. 6, Sec. 1, 49 Stat. 22, 23.) -MISC1- AMENDMENTS 1935 - Act Feb. 13, 1935, inserted proviso as to commencement of salaries of Senators elected during a sine die adjournment on day following their election and provision as to commencement of salaries of Senators elected during a session to succeed appointees on day they qualify but that upon failure to qualify their salaries are to commence on day following sine die adjournment of Senate and struck out provision that salaries of Senators elected to fill vacancies are to commence on day they qualify 1934 - Act June 19, 1934, made nonsubstantive changes in grammar and punctuation. 1931 - Act Feb. 6, 1931, made nonsubstantive changes in grammar and punctuation and struck out 'to fill such vacancies' after 'When no appointments have been made'. PRIOR PROVISIONS July 31, 1894, ch. 174, 28 Stat. 162. R.S. Sec. 51. CONSTITUTIONAL PROVISIONS The first section of amendment XX to the Constitution provides in part: ' * * * the terms of Senators and Representatives (shall end) at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.' -CROSS- CROSS REFERENCES Claims for overpayment or pay or allowances to Senators, see section 130c of this title. ------DocID 6972 Document 65 of 1400------ -CITE- 2 USC Sec. 36a -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 36a. Payment of sums due deceased Senators and Senate personnel -STATUTE- Under regulations prescribed by the Secretary of the Senate, a person serving as a Senator or officer or employee whose compensation is disbursed by the Secretary of the Senate may designate a beneficiary or beneficiaries to be paid any unpaid balance of salary or other sums due such person at the time of his death. When any person dies while so serving, any such unpaid balance shall be paid by the disbursing officer of the Senate to the designated beneficiary or beneficiaries. If no designation has been made, such unpaid balance shall be paid to the widow or widower of that person, or if there is no widow or widower, to the next of kin or heirs at law of that person. Section 50 of the Revised Statutes shall not be effective as to persons included within the foregoing. -SOURCE- (Jan. 6, 1951, ch. 1213, Ch. I, Sec. 1, 64 Stat. 1224; Oct. 31, 1972, Pub. L. 92-607, ch. V, Sec. 503, 86 Stat. 1505.) -REFTEXT- REFERENCES IN TEXT Section 50 of the Revised Statutes, referred to in text, which required payment of not less than three months' salary to the widow or heirs at law of a deceased Member of or Delegate in Congress, was classified to section 38 of this title and was omitted from the Code as superseded by section 38a of this title. -MISC2- AMENDMENTS 1972 - Pub. L. 92-607 inserted provisions for designation of a beneficiary by Senators and officers and employees whose compensation is disbursed by Secretary of Senate to whom shall be paid any unpaid balance of salary or other sums due such person at time of death. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 5581. ------DocID 6973 Document 66 of 1400------ -CITE- 2 USC Sec. 37 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 37. Salaries of Representatives, Delegates, and Resident Commissioners elected for unexpired terms -STATUTE- The salaries of Representatives in Congress, Delegates from Territories, and Resident Commissioners, elected for unexpired terms, shall commence on the date of their election and not before. -SOURCE- (July 16, 1914, ch. 141, Sec. 1, 38 Stat. 458.) -CROSS- CROSS REFERENCES Resident Commissioner of Puerto Rico, see section 891 et seq. of Title 48, Territories and Insular Possessions. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 6974 Document 67 of 1400------ -CITE- 2 USC Sec. 38 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 38. Omitted -COD- CODIFICATION Section, R.S. Sec. 49, 50; acts Jan. 20, 1874, ch. 11, 18 Stat. 4; Mar. 4, 1925, ch. 549, Sec. 4, 43 Stat. 1301, related to pay of member dying after commencement of Congress, and was omitted from the Code as superseded by section 38a of this title. ------DocID 6975 Document 68 of 1400------ -CITE- 2 USC Sec. 38a -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 38a. Disposition of unpaid salary and other sums upon death of Representative or Resident Commissioner -STATUTE- When any individual who has been elected a Member of, or Resident Commissioner to, the House of Representatives dies after the commencement of the Congress to which he has been elected, any unpaid balance of salary and other sums due such individual (including amounts held in the trust fund account in the office of the Sergeant at Arms) shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and such payment shall be a bar to the recovery by any other person of amounts so paid: First, to the beneficiary or beneficiaries designated by such individual in writing to receive such unpaid balance and other sums due filed with the Sergeant at Arms, and received by the Sergeant at Arms prior to such individual's death; Second, if there be no such beneficiary, to the widow or widower of such individual; Third, if there be no beneficiary or surviving spouse, to the child or children of such individual, and descendants of deceased children, by representation; Fourth, if none of the above, to the parents of such individual, or the survivor of them; Fifth, if there be none of the above, to the duly appointed legal representative of the estate of the deceased individual, or if there be none, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased individual. -SOURCE- (July 2, 1954, ch. 455, title I, Sec. 105, 68 Stat. 409; July 23, 1959, Pub. L. 86-102, 73 Stat. 224.) -MISC1- AMENDMENTS 1959 - Pub. L. 86-102 inserted provisions including amounts held in trust fund account, authorizing an individual to designate a beneficiary or beneficiaries, and prescribing order of precedence in cases where no designation of beneficiary has been made. -CROSS- CROSS REFERENCES Settlement of accounts of employees generally, see section 5581 et seq. of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 6976 Document 69 of 1400------ -CITE- 2 USC Sec. 38b -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 38b. Death gratuity payments as gifts -STATUTE- Any death gratuity payment at any time specifically appropriated by any Act of Congress or at any time made out of the contingent fund of the House of Representatives or of the Senate shall be held to have been a gift. -SOURCE- (June 5, 1952, ch. 369, Ch. I, 66 Stat. 101.) -COD- CODIFICATION Section is also set out as section 125a of this title. ------DocID 6977 Document 70 of 1400------ -CITE- 2 USC Sec. 39 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 39. Deductions for absence -STATUTE- The Secretary of the Senate and Sergeant at Arms of the House, respectively, shall deduct from the monthly payments (or other periodic payments authorized by law) of each Member or Delegate the amount of his salary for each day that he has been absent from the Senate or House, respectively, unless such Member or Delegate assigns as the reason for such absence the sickness of himself or of some member of his family. -SOURCE- (R.S. Sec. 40; Pub. L. 97-51, Sec. 112(d), Oct. 1, 1981, 95 Stat. 963.) -COD- CODIFICATION R.S. Sec. 40 derived from act Aug. 16, 1856, ch. 123, Sec. 6, 11 Stat. 49. -MISC3- AMENDMENTS 1981 - Pub. L. 97-51 substituted 'from the monthly payments (or other periodic payments authorized by law)' for 'from the monthly payments'. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-51 effective in the case of compensation payable for months after December 1981, see section 112(e) of Pub. L. 97-51, set out as a note under section 33 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 6978 Document 71 of 1400------ -CITE- 2 USC Sec. 40 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 40. Deductions for withdrawal -STATUTE- When any Member or Delegate withdraws from his seat and does not return before the adjournment of Congress, he shall, in addition to the sum deducted for each day, forfeit a sum equal to the amount which would have been allowed by law for his mileage in returning home; and such sum shall be deducted from his compensation, unless the withdrawal is with the leave of the Senate or House of Representatives respectively. -SOURCE- (R.S. Sec. 41.) -COD- CODIFICATION R.S. Sec. 41 derived from Res. July 17, 1862, No. 68, Sec. 2, 12 Stat. 628. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 6979 Document 72 of 1400------ -CITE- 2 USC Sec. 40a -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 40a. Deductions for delinquent indebtedness -STATUTE- Whenever a Representative, Delegate, Resident Commissioner, or a United States Senator, shall fail to pay any sum or sums due from such person to the House of Representatives or Senate, respectively, the appropriate committee or officer of the House of Representatives or Senate, as the case may be, having jurisdiction of the activity under which such debt arose, shall certify such delinquent sum or sums to the Sergeant at Arms of the House in the case of an indebtedness to the House of Representatives and to the Secretary of the Senate in the case of an indebtedness to the Senate, and such latter officials are authorized and directed, respectively, to deduct from any salary, mileage, or expense money due to any such delinquent such certified amounts or so much thereof as the balance or balances due such delinquent may cover. Sums so deducted by the Secretary of the Senate shall be disposed of by him in accordance with existing law, and sums so deducted by the Sergeant at Arms of the House shall be paid to the Clerk of the House and disposed of by him in accordance with existing law. -SOURCE- (June 19, 1934, ch. 648, title I, Sec. 1, 48 Stat. 1024.) -CROSS- CROSS REFERENCES Claims for overpayment of pay or allowances to Senators, see section 130c of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 6980 Document 73 of 1400------ -CITE- 2 USC Sec. 41 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 41. Newspapers -STATUTE- No Member or Delegate is entitled to any allowance for newspapers. -SOURCE- (R.S. Sec. 43.) -COD- CODIFICATION R.S. Sec. 43 derived from act Feb. 12, 1868, ch. 8, Sec. 1, 15 Stat. 35. -MISC3- APPLICABILITY OF PROHIBITION DURING NINETY-FIFTH CONGRESS Section 302(c) of House Resolution No. 287, Ninety-fifth Congress, Mar. 2, 1977, enacted into permanent law by Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668, provided that: 'Chapter 8, section 1 of the Act of February 12, 1868 (2 U.S.C. 41) shall have no effect during the Ninety-fifth Congress.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 6981 Document 74 of 1400------ -CITE- 2 USC Sec. 42 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 42. Postage -STATUTE- (a) In addition to postage stamps authorized to be furnished under any other provision of law, until otherwise provided by law, the Clerk of the House of Representatives shall procure and furnish United States postage stamps (1) to each Representative, the Resident Commissioner of Puerto Rico, and the Delegate from the District of Columbia in an amount not exceeding $210 and (2) to each standing committee of the House of Representatives upon request of the chairman thereof, in an amount not exceeding $130. (b) In addition to postage stamps authorized under any other provision of law, until otherwise provided by law, the Speaker, the majority and minority leaders, and the majority and minority whips of the House of Representatives shall each be allowed United States postage stamps in an amount not exceeding $190, and the following officers of the House of Representatives shall each be allowed such stamps in the amounts herein specified as follows: The Clerk of the House, $340; the Sergeant at Arms, $250; the Doorkeeper, $210; and the Postmaster, $170. (c) There shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this section. -SOURCE- (Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636.) -COD- CODIFICATION Section is based on House Resolution No. 420, May 18, 1971, which was enacted into permanent law by Pub. L. 92-184. A prior section 42, R.S. Sec. 44, which proscribed compensation or allowance to Senators, Representatives, or Delegates for postage, was omitted as obsolete in view of sections 42a, 46a, and 46b of this title. -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. ------DocID 6982 Document 75 of 1400------ -CITE- 2 USC Sec. 42a -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 42a. Special delivery postage allowance for President of Senate -STATUTE- The Secretary of the Senate is authorized and directed to procure and furnish each fiscal year (commencing with the fiscal year ending September 30, 1982) to the President of the Senate, upon request by such person, United States special delivery postage stamps in such amount as may be necessary for the mailing of postal matters arising in connection with his official business. -SOURCE- (Pub. L. 97-51, Sec. 127(a)(1), Oct. 1, 1981, 95 Stat. 965.) -MISC1- 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, Sec. 506(k)(1), formerly Sec. 506(h)(1), 86 Stat. 1508, redesignated Sec. 506(i)(1) by Pub. L. 95-391, title I, Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j)(1) by Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, and redesignated Sec. 506(k)(1) by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, providing for an airmail and special-delivery postage allowance for the President of the Senate, was repealed by section 127(a)(2) of Pub. L. 97-51. ------DocID 6983 Document 76 of 1400------ -CITE- 2 USC Sec. 42a-1, 42b -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 42a-1, 42b. Omitted -COD- 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 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 section 42c of this title. ------DocID 6984 Document 77 of 1400------ -CITE- 2 USC Sec. 42c -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 42c. Airmail and special delivery stamps for House Members and standing committees -STATUTE- The Clerk of the House of Representatives is authorized and directed to procure and furnish - (1) to each Representative and Delegate and the Resident Commissioner of Puerto Rico, upon request by such person, United States airmail and special delivery postage stamps in an amount not exceeding $700, for the second session of the Ninetieth Congress and for each succeeding regular session of Congress, for the mailing of postal matters arising in connection with his official business; and (2) to each standing committee of the House of Representatives, upon request of the chairman thereof, United States airmail and special delivery postage stamps in an amount not exceeding $420, for the second session of the Ninetieth Congress and for each succeeding regular session of Congress, for official business of each such committee. -SOURCE- (Pub. L. 85-778, Sec. 1, Aug. 27, 1958, 72 Stat. 934; Pub. L. 88-454, Sec. 103, Aug. 20, 1964, 78 Stat. 550; Pub. L. 90-392, title I, July 9, 1968, 82 Stat. 318.) -MISC1- PRIOR PROVISIONS Prior provisions relating to airmail and special-delivery postage allowances for House standing committees were contained in section 42b of this title, and for House Members were contained in the following acts formerly classified to section 42a of this title: July 2, 1954, ch. 455, title I, 68 Stat. 402. June 13, 1945, ch. 189, 59 Stat. 249. June 26, 1944, ch. 277, title I, 58 Stat. 344. June 8, 1942, ch. 396, 56 Stat. 339. July 1, 1941, ch. 268, 55 Stat. 455. AMENDMENTS 1968 - Additional airmail and special delivery stamps in an amount not exceeding $200 for each Representative and Resident Commissioner from Puerto Rico, and in an amount not exceeding $120 for each standing committee, was authorized by House Resolution No. 1003, Dec. 14, 1967, effective Jan. 3, 1968, which was enacted into permanent law by Pub. L. 90-392. 1964 - Additional airmail and special delivery stamps in an amount not exceeding $100 for each Representative and Resident Commissioner from Puerto Rico, and in an amount not exceeding $60 for each standing committee, was authorized by House Resolution No. 532, Oct. 2, 1963, which was enacted into permanent law by Pub. L. 88-454. EXISTING ENTITLEMENTS Sections 3 and 4 of Pub. L. 85-778 provided: 'Sec. 3. In addition to amounts of United States airmail and special delivery postage stamps made available by this Act for the first session of the Eighty-sixth Congress, each person and committee referred to in this Act shall be entitled to receive, until June 30, 1959, the amount of such stamps to which he would have been entitled but for the enactment of this Act. 'Sec. 4. Except as provided in section 3, amounts of United States airmail and special delivery postage stamps made available by the first section and section 2 of this Act (enacting this section and section 42d of this title) shall be in lieu of, and not in addition to, any amounts of such stamps made available under any other provisions of law to persons and committees referred to in such sections.' -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 6985 Document 78 of 1400------ -CITE- 2 USC Sec. 42d -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 42d. Airmail and special delivery stamps for House Speaker, leaders, whips, and officers -STATUTE- (1) The Speaker, the majority and minority leaders, and the majority and minority whips of the House of Representatives shall each be allowed, for the second session of the Ninetieth Congress and for each succeeding regular session of Congress, United States airmail and special delivery postage stamps in an amount not exceeding $630. (2) For the second session of the Ninetieth Congress and for each succeeding regular session of Congress, the following officers of the House of Representatives shall each be allowed United States airmail and special delivery postage stamps in the amounts herein specified as follows: The Clerk of the House, $1,120; the Sergeant at Arms, $840, the Doorkeeper, $700, and the Postmaster, $560. -SOURCE- (Pub. L. 85-778, Sec. 2, Aug. 27, 1958, 72 Stat. 934; Pub. L. 88-454, Sec. 103, Aug. 20, 1964, 78 Stat. 550; Pub. L. 90-392, title I, July 9, 1968, 82 Stat. 318.) -MISC1- AMENDMENTS 1968 - Par. (1). Additional airmail and special delivery stamps in an amount not exceeding $180 were authorized by House Resolution No. 1003, Dec. 14, 1967, effective Jan. 3, 1968, which was enacted into permanent law by Pub. L. 90-392. Par. (2). Airmail and special delivery allowances were increased in amount of $320 for Clerk, $240 for Sergeant at Arms, $200 for Doorkeeper, and $160 for Postmaster by House Resolution No. 1003, Dec. 14, 1967, effective Jan. 3, 1968, which was enacted into permanent law by Pub. L. 90-392. 1964 - Par. (1). Additional airmail and special delivery stamps in an amount not exceeding $90 were authorized by House Resolution No. 532, Oct. 2, 1963, which was enacted into permanent law by Pub. L. 88-454. Par. (2). Airmail and special delivery allowances were increased in amount of $160 for Clerk, $120 for Sergeant at Arms, $100 for Doorkeeper, and $80 for Postmaster by House Resolution No. 532, Oct. 2, 1963, which was enacted into permanent law by Pub. L. 88-454. -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. ------DocID 6986 Document 79 of 1400------ -CITE- 2 USC Sec. 43 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 43. Mileage of Senators, Representatives, and Delegates -STATUTE- Each Senator, Representative, and Delegate shall receive mileage at the rate of 20 cents per mile, to be estimated by the nearest route usually traveled in going to and returning from each regular session. -SOURCE- (July 28, 1866, ch. 296, Sec. 17, 14 Stat. 323.) -MISC1- REPEALS Act Jan. 20, 1874, ch. 11, 18 Stat. 4, repealed so much of act Mar. 3, 1873, ch. 226, 17 Stat. 486, as provided for increase in compensation of Members of Congress and Delegates and that their compensation and allowances should be fixed by laws in force at time of passage of said act Mar. 3, 1873. -CROSS- CROSS REFERENCES Additional transportation expenses, reimbursement of Senators and Members of House of Representatives, see section 43b of this title. Adjustment of allowances by Committee on House Administration, see section 57 of this title. ------DocID 6987 Document 80 of 1400------ -CITE- 2 USC Sec. 43a -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 43a. Mileage of President of Senate -STATUTE- On and after July 8, 1935, the President of the Senate shall be paid mileage at the same rate and in the same manner as now allowed by law to Senators, Members of the House of Representatives, and Delegates in Congress. -SOURCE- (July 8, 1935, ch. 374, 49 Stat. 459.) ------DocID 6988 Document 81 of 1400------ -CITE- 2 USC Sec. 43b -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 43b. Reimbursement of House Members for additional transportation expenses -STATUTE- The contingent fund of the House of Representatives is hereafter made available for reimbursement of transportation expenses incurred by Members (including the Resident Commissioner from Puerto Rico) in traveling, on official business, by the nearest usual route, between Washington, District of Columbia, and any point in the district which he represents, for a number of round trips each year not to exceed the number of months Congress is in session in such year, such reimbursement to be made in accordance with rules and regulations established by the Committee on House Administration of the House of Representatives. -SOURCE- (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, Sec. 1, Aug. 28, 1965, 79 Stat. 583; Pub. L. 89-545, Aug. 27, 1966, 80 Stat. 358; Pub. L. 90-86, Sec. 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, Sec. 502, 506(k)(2), formerly Sec. 506(h)(2), Oct. 31, 1972, 86 Stat. 1504, 1508, redesignated Sec. 506(i)(2), Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j)(2), Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, redesignated Sec. 506(k)(2), Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189.) -MISC1- AMENDMENTS 1972 - Pub L. 92-607 removed from category of allowed expenses any transportation expenses incurred by employees assigned to a Senator's office within the home State while traveling in the general vicinity of the office, pursuant to change in assignment within the State, and commuting, and, effective Jan. 1, 1973, struck out all provisions for the reimbursement of Senators and employees of Senators for travel expenses to the Senator's home State. See section 58 of this title. 1971 - Pub. L. 92-51 rewrote provisions for reimbursement of Senators for transportation expenses, substituting provisions granting a total sum for each fiscal year for each Senator and employees in the Senator's office equal to forty or forty-four times the prescribed mileage allowance dependent on population of the Senator's State being under ten million or ten million and over inhabitants and in accordance with a schedule based on decreasing cents per mile for increasing distances within prescribed limits, describing method of computation when office is occupied for less than entire fiscal year, requiring voucher certification of employees' round trips as in line of official duty, prohibiting travel payments to place of employment of new appointees, and authorizing reimbursement as additional to any other provided for by law for official travel, for former provisions for reimbursement of Senators for each fiscal year for not more than twelve round trips or the equivalent thereof in one-way trips. 1969 - Pub. L. 91-145 increased round trip limitation for Senators from six to twelve. 1967 - Pub. L. 90-86 provided for reimbursement to members of House, in accordance with the rules of House Committee on House Administration, for those round trips made each year between the Member's district and Washington, D.C., the number of such trips not to exceed the number of months Congress is in session in such year instead of for four round trips each year. 1966 - Pub. L. 89-545 authorized equivalent of six round trips in one-way trips for Senators. 1965 - Pub. L. 89-147 increased from two to four round trips per year of Members of House of Representatives for which transportation expenses are to be reimbursed. Pub. L. 89-90 increased round trip limitation for Senators from two to six. 1963 - Pub. L. 88-70 authorized reimbursement of Members of House of Representatives for transportation expenses. 1959 - Pub. L. 86-176 substituted 'between Washington, District of Columbia, and any point in their home States, for not to exceed two round trips' for 'from Washington, District of Columbia, to their resident cities in their home States, and return, for not to exceed two such round trips.' EFFECTIVE DATE OF 1972 AMENDMENT Section 506(k), formerly Sec. 506(h), of Pub. L. 92-607, redesignated Sec. 506(i) by Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j) by Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, and redesignated Sec. 506(k) by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the amendment made by that section (which struck out in its entirety the first par. of this section providing for the reimbursement of Senators and employees of Senators for travel expenses to the Senator's home state) is effective Jan. 1, 1973. EFFECTIVE DATE OF 1971 AMENDMENT Pub. L. 92-51 provided that the amendment made by Pub. L. 92-51 is effective July 1, 1971. EFFECTIVE DATE OF 1969 AMENDMENT Pub. L. 91-145 provided that the amendment made by Pub. L. 91-145 is effective July 1, 1969. EFFECTIVE DATE OF 1967 AMENDMENT Section 3 of Pub. L. 90-86 provided that: 'The amendments made by the first two sections of this Act (amending this section and section 43b-1 of this title) shall take effect as of January 3, 1967.' -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. Delegates from Guam and Virgin Islands, reimbursement of transportation expenses, see section 1715 of Title 48, Territories and Insular Possessions. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 43b-1 of this title. ------DocID 6989 Document 82 of 1400------ -CITE- 2 USC Sec. 43b-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 43b-1. Election by House Members of lump sum transportation payment in lieu of reimbursement of transportation expenses -STATUTE- A Member of the House of Representatives (including the Resident Commissioner from Puerto Rico) may elect to receive in any year, in lieu of reimbursement of transportation expenses for such year as authorized by section 43b of this title, a lump sum transportation payment of $750 for such year. The Committee on House Administration of the House of Representatives shall make such rules and regulations as may be necessary to carry out this section. -SOURCE- (Pub. L. 89-147, Sec. 2, Aug. 28, 1965, 79 Stat. 583; Pub. L. 90-86, Sec. 2, Sept. 17, 1967, 81 Stat. 226.) -MISC1- AMENDMENTS 1967 - Pub. L. 90-86 substituted '$750' for '$300'. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-86 effective Jan. 3, 1967, see section 3 of Pub. L. 90-86, set out as a note under section 43b of this title. -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. ------DocID 6914 Document 83 of 1400------ -CITE- 2 USC Sec. 1b -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 1b. Countersignature of certificate of election -STATUTE- The certificate mentioned in section 1a of this title shall be countersigned by the secretary of state of the State. -SOURCE- (R.S. Sec. 19.) -COD- CODIFICATION R.S. Sec. 19 derived from act July 25, 1866, ch. 245, Sec. 3, 14 Stat. 244. ------DocID 6991 Document 84 of 1400------ -CITE- 2 USC Sec. 43b-3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 43b-3. Payments and reimbursements for certain House staff expenses -STATUTE- (a) Payments and reimbursements to staff persons under section 43b-2 of this title shall be made as provided (with respect to staff) in the regulations prescribed by the Committee on House Administration with respect to travel and other expenses of staff. Reimbursements shall be paid on special voucher forms prescribed by the Committee on House Administration. (b) Additional funds, if any, for staff allowances and office space for use by Members-elect (other than an incumbent Member reelected to the ensuing Congress) shall be authorized by the Committee on House Administration. -SOURCE- (Pub. L. 94-59, title II, July 25, 1975, 89 Stat. 282.) -COD- CODIFICATION Section is based on section 2 of House Resolution No. 10, Ninety-fourth Congress, Jan. 14, 1975, which was enacted into permanent law by Pub. L. 94-59. ------DocID 6992 Document 85 of 1400------ -CITE- 2 USC Sec. 43c -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 43c. Repealed. Pub. L. 89-147, Sec. 4, Aug. 28, 1965, 79 Stat. 584 -MISC1- Section, Pub. L. 86-628, Sec. 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. ------DocID 6993 Document 86 of 1400------ -CITE- 2 USC Sec. 43d -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 43d. Organizational expenses of Senator-elect -STATUTE- (a) Appointment of employees by Secretary of Senate to assist; termination of employment Upon the recommendation of a Senator-elect (other than an incumbent Senator or a Senator elected to fill a vacancy), the Secretary of the Senate shall appoint two employees to assist such Senator-elect. Any employee so appointed shall serve through the day before the date on which the Senator-elect recommending his appointment commences his service as a Senator, except that his employment may be terminated before such day upon recommendation of such Senator-elect. (b) Payment of salaries of appointed employees; funding; maximum amount (1) Salaries of employees appointed under subsection (a) of this section shall be paid from the appropriation for 'Administrative, Clerical, and Legislative Assistance to Senators'. (2) Salaries paid to employees appointed upon recommendation of a Senator-elect under subsection (a) of this section shall be charged against the amount of compensation which may be paid to employees in his office under section 61-1(d) of this title (hereinafter referred to as the 'clerk-hire allowance'), for the fiscal year in which his service as a Senator commences. The total amount of salaries paid to employees so appointed upon recommendation of a Senator-elect shall be charged against his clerk-hire allowance for each month in such fiscal year beginning with the month in which his service as a Senator commences (until the total amount has been charged) by whichever of the following amounts is greater: (1) one-ninth of the amount of salaries so paid, or (2) the amount by which the aggregate amount of his clerk-hire allowance which may be paid as of the close of such month under section 61-1(d)(1)(B) of this title exceeds the aggregate amount of his clerk-hire allowance actually paid as of the close of such month. (c) Payment of transportation and per diem expenses of Senator-elect and appointed employees for one round trip from home State to Washington, D.C. for business of impending Congress; funding; maximum amount Each Senator-elect and each employee appointed under subsection (a) of this section is authorized one round trip from the home State of the Senator-elect to Washington, D.C., and return, for the purposes of attending conferences, caucuses, or organizational meetings, or for any other official business connected with the impending Congress. In addition, each Senator-elect and each such employee is authorized per diem for not more than seven days while en route to and from Washington, D.C., and while in Washington, D.C. Such transportation and per diem expenses shall be in the same amounts as are payable to Senators and employees in the office of a Senator under section 58(e) of this title, and shall be paid from the contingent fund of the Senate upon itemized vouchers certified by the Senator-elect concerned and approved by the Secretary of the Senate. (d) Payment of telegram and telephone charges incurred by Senator-elect; funding; maximum amount (1) Each Senator-elect is authorized to be reimbursed for expenses incurred for telegrams and telephone services related to his position as a Senator-elect in an amount not exceeding one-twelfth of the total amount of expenses authorized to be paid to or on behalf of a Senator from the State which he will represent under section 58 of this title. Reimbursement to a Senator-elect under this subsection shall be paid from the contingent fund of the Senate upon itemized vouchers certified by such Senator-elect and approved by the Secretary of the Senate. (2) Amounts reimbursed to a Senator-elect under this subsection shall be charged against the amount of expenses which are authorized to be paid to him or on his behalf under section 58 of this title, for each of the twelve months beginning with the month in which his service as a Senator commences (until all of such amounts have been charged) by whichever of the following amounts is greater: (1) one-twelfth of the amounts so reimbursed, or (2) the amount by which the aggregate amount authorized to be so paid under section 58(c) of this title as of the close of such month exceeds the aggregate amount actually paid under such section 58 as of the close of such month. (e) Effective Date This section shall take effect on October 1, 1978. -SOURCE- (Pub. L. 95-355, title I, Sec. 105, Sept. 8, 1978, 92 Stat. 534.) -MISC1- SENATORS' OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT References in any law, rule, regulation, or order to Senate appropriation account for Administrative, Clerical, and Legislative Assistance Allowance to Senators deemed references to the 'Senators' Official Personnel and Office Expense Account', see section 58c(2) of this title. ------DocID 6994 Document 87 of 1400------ -CITE- 2 USC Sec. 44 to 46 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 44 to 46. Omitted -COD- CODIFICATION Section 44, act May 7, 1906, ch. 2083, Sec. 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, Sec. 8, 32 Stat. 694; Aug. 29, 1916, ch. 416, Sec. 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, Sec. 20, 39 Stat. 552, from which section 45 of this title was derived, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 643. Section 46, acts Mar. 2, 1917, ch. 145, Sec. 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 section 43b-1 of this title. ------DocID 6995 Document 88 of 1400------ -CITE- 2 USC Sec. 46a -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46a. Stationery allowance for President of Senate -STATUTE- Effective April 1, 1975, and each fiscal year thereafter, the annual allowance for stationery for the President of the Senate shall be $4,500. -SOURCE- (July 1, 1941, ch. 268, 55 Stat. 450; June 13, 1945, ch. 189, 59 Stat. 244; June 14, 1948, ch. 467, 62 Stat. 425; Oct. 11, 1951, ch. 485, 65 Stat. 391; Aug. 1, 1953, ch. 304, title I, 67 Stat. 320; Aug. 5, 1955, ch. 568, 69 Stat. 504; Jan. 6, 1964, Pub. L. 88-258, title IV, 77 Stat. 864; May 29, 1967, Pub. L. 90-21, title I, 81 Stat. 38; Dec. 12, 1969, Pub. L. 91-145, 83 Stat. 342; July 9, 1971, Pub. L. 92-51, 85 Stat. 128; Dec. 15, 1971, Pub. L. 92-184, ch. IV, 85 Stat. 635; Oct. 31, 1972, Pub. L. 92-607, ch. V, Sec. 506(k)(3), formerly Sec. 506(h)(3), 86 Stat. 1508, redesignated Sec. 506(i)(3), Sept. 30, 1978, Pub. L. 95-391, title I, Sec. 108(a), 92 Stat. 773, redesignated Sec. 506(j)(3), July 8, 1980, Pub. L. 96-304, title I, Sec. 101(e), 94 Stat. 889, redesignated Sec. 506(k)(3), Oct. 2, 1982, Pub. L. 97-276, Sec. 101(e), 96 Stat. 1189; June 12, 1975, Pub. L. 94-32, title I, 89 Stat. 182.) -COD- CODIFICATION Section is from Legislative Branch Appropriation Act, 1942, and subsequent Legislative Branch Appropriation Acts. -MISC3- AMENDMENTS 1975 - Pub. L. 94-32 substituted 'Effective April 1, 1975, and each fiscal year thereafter' for 'Effective with the fiscal year 1972 and thereafter' and '$4,500' for '$3,600'. 1972 - Pub. L. 92-607 repealed this section insofar as it related to Senators. For purposes of codification this entailed substituting a period for a comma following 'President of the Senate shall be $3,600' and striking out provisions which allowed Senators from $3,600 to $5,000 annually depending on the population of the Senator's home State. See section 58 of this title. 1971 - Pub. L. 92-184 inserted provision for an increased allowance for Senators from more populous States ranging from $3,800 for Senators from States of from 3,000,000 to 4,999,999 population to $5,000 for Senators from States of 17,000,000 population and over. Pub. L. 92-51 provided allowance for Senators from States having population of ten million or more inhabitants of $4,000 per annum effective fiscal year 1972 and thereafter. 1969 - Pub. L. 91-145 increased allowance from $3,000 to $3,600 effective with fiscal year 1970. 1967 - Pub. L. 90-21 increased allowance from $2,400 to $3,000 effective with fiscal year 1967. 1964 - Pub. L. 88-258 increased allowance from $1,800 to $2,400 effective with fiscal year 1964. 1955 - Act Aug. 5, 1955, increased allowance from $1,200 to $1,800. 1953 - Act Aug. 1, 1953, increased allowance from $800 to $1,200 effective with fiscal year 1954. 1951 - Act Oct. 11, 1951, increased allowance from $500 to $800. 1948 - Act June 14, 1948, increased allowance from $400 to $500. 1945 - Act June 13, 1945, increased allowance from $200 to $400. EFFECTIVE DATE OF 1972 AMENDMENT Section 506(k), formerly Sec. 506(h), of Pub. L. 92-607, redesignated Sec. 506(i) by Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j) by Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, and redesignated Sec. 506(k) by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the amendment made by that section is effective Jan. 1, 1973. ADDITIONAL ALLOWANCES The following acts authorized additional stationery allowances for each Senator and the President of the Senate: July 15, 1952, ch. 758, Ch. II, 66 Stat. 639. Sept. 27, 1950, ch. 1052, Ch. II, 64 Stat. 1047. Oct. 10, 1949, ch. 662, title I, 63 Stat. 738. May 10, 1948, ch. 270, 62 Stat. 213. May 1, 1947, ch. 49, title I, 61 Stat. 58. July 23, 1946, ch. 591, title I, 60 Stat. 602. Dec. 28, 1945, ch. 589, title I, 59 Stat. 633. ------DocID 6996 Document 89 of 1400------ -CITE- 2 USC Sec. 46a-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46a-1. Senate revolving fund for stationery allowances; availability of unexpended balances; withdrawals -STATUTE- There is established within the Contingent Fund of the Senate a revolving fund which shall consist of (1) the unexpended balance of the appropriation 'Contingent Expenses, Senate, Stationery, fiscal year 1957', (2) any amounts hereafter appropriated for stationery allowances of the President of the Senate, and for stationery for use of officers of the Senate and the Conference of the Majority and the Conference of the Minority of the Senate, and (3) any undeposited amounts heretofore received, and any amounts hereafter received as proceeds of sales by the stationery room of the Senate. Any moneys in the fund shall be available until expended for use in the same manner and for the same purposes as funds heretofore appropriated to the Contingent Fund of the Senate for stationery, except that (1) the balance of any amount appropriated for stationery for use of committees and officers of the Senate which remains unexpendend at the end of any fiscal year and (2) allowances which are not available for obligation due to vacancies or waiver of entitlement thereto, shall be withdrawn from the revolving fund. -SOURCE- (Pub. L. 85-58, ch. XI, June 21, 1957, 71 Stat. 188; Pub. L. 92-607, ch. V, Sec. 506(l), formerly Sec. 506(i), Oct. 31, 1972, 86 Stat. 1508, redesignated Sec. 506(j), Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(k) and amended Pub. L. 96-304, title I, Sec. 101, 112(b)(3), July 8, 1980, 94 Stat. 889, 892, redesignated Sec. 506(l), Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189.) -MISC1- AMENDMENTS 1980 - Pub. L. 96-304, Sec. 112(b)(3), substituted in cl. (2), 'officers of the Senate and the Conference of the Majority and the Conference of the Minority of the Senate' for 'committees and officers of the Senate'. 1972 - Pub. L. 92-607 struck out 'and of Senators' after 'the President of the Senate'. EFFECTIVE DATE OF 1980 AMENDMENT Section 112(b) of Pub. L. 96-304 provided that the amendment made by section 112(b)(3) of Pub. L. 96-304 is effective as of the close of Feb. 28, 1981. EFFECTIVE DATE OF 1972 AMENDMENT Section 506(l), formerly Sec. 506(i), of Pub. L. 92-607, redesignated Sec. 506(j) by Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(k) by Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, and redesignated Sec. 506(l) by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the amendment made by that section is effective Jan. 1, 1973. TRANSFER OF MONEYS TO FUND BY SECRETARY OF THE SENATE Pub. L. 101-163, title I, Sec. 6, Nov. 21, 1989, 103 Stat. 1045, provided that: 'On and after the date this Act becomes law (Nov. 21, 1989), the Secretary of the Senate, subject to the approval of the Committee on Appropriations of the Senate, is authorized to provide up to $1,000,000 for capitalization purposes to the revolving fund established by the last paragraph under the heading 'Contingent Expenses of the Senate' appearing under the heading 'SENATE' in chapter XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 46a-1), by transferring to such revolving fund any funds available from any Senate appropriation account, with respect to which he has disbursement authority, for the fiscal year in which the transfer is made (or for any preceding fiscal year) or which have been made available until expended; and any moneys so transferred shall be available for use in like manner and to the same extent as the moneys in such revolving fund which were not transferred thereto pursuant to this section.' ------DocID 6877 Document 90 of 1400------ -CITE- 1 USC CHAPTER 2 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- CHAPTER 2 - ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS; SEALING OF INSTRUMENTS -MISC1- Sec. 101. Enacting clause. 102. Resolving clause. 103. Enacting or resolving words after first section. 104. Numbering of sections; single proposition. 105. Title of appropriation Acts. 106. Printing bills and joint resolutions. 106a. Promulgation of laws. 106b. Amendments to Constitution. 107. Parchment or paper for printing enrolled bills or resolutions. 108. Repeal of repealing act. 109. Repeal of statutes as affecting existing liabilities. 110. Saving clause of Revised Statutes. 111. Repeals as evidence of prior effectiveness. 112. Statutes at Large; contents; admissibility in evidence. 112a. United States Treaties and Other International Agreements; contents; admissibility in evidence. 112b. United States international agreements; transmission to Congress. 113. 'Little and Brown's' edition of laws and treaties; slip laws; Treaties and Other International Act (FOOTNOTE 1) Series; admissibility in evidence. (FOOTNOTE 1) So in original. Does not conform to section catchline. 114. Sealing of instruments. AMENDMENTS 1972 - Pub. L. 92-403, Sec. 2, Aug. 22, 1972, 86 Stat. 619, added item 112b. 1966 - Pub. L. 89-497, Sec. 2, July 8, 1966, 80 Stat. 271, inserted 'slip laws; Treaties and Other International Acts Series;' in item 113. 1951 - Act Oct. 31, 1951, ch. 655, Sec. 2(a), 65 Stat. 710, added items 106a and 106b. 1950 - Act Sept. 23, 1950, ch. 1001, Sec. 3, 64 Stat. 980, added item 112a. ------DocID 6998 Document 91 of 1400------ -CITE- 2 USC Sec. 46a-3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46a-3. Repealed. Pub. L. 92-607, ch. V, Sec. 506(k)(4), formerly Sec. 506(h)(4), Oct. 31, 1972, 86 Stat. 1508, redesignated Sec. 506(i)(4), Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j)(4), Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, redesignated Sec. 506(k)(4), Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189 -MISC1- Section, Pub. L. 90-417, Sec. 106, July 23, 1968, 82 Stat. 413, placed limits on the availability of the stationery allowance for Senators. See section 58 of this title. EFFECTIVE DATE OF REPEAL Section 506(k), formerly Sec. 506(h), of Pub. L. 92-607, as amended by Pub. L. 93-145, Sec. 101, Nov. 1, 1973, 87 Stat. 532, and redesignated Sec. 506(i) by Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j) by Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, and redesignated Sec. 506(k) by Pub. L. 97-276, Sec. 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. ------DocID 6999 Document 92 of 1400------ -CITE- 2 USC Sec. 46a-4 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46a-4. Omitted -COD- 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. ------DocID 7000 Document 93 of 1400------ -CITE- 2 USC Sec. 46b -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46b. Stationery allowance for House Members -STATUTE- The allowance for stationery for each Member of the House of Representatives, Delegate, and Resident Commissioner shall be $3,000 per regular session. -SOURCE- (July 2, 1954, ch. 455, title I, 68 Stat. 402; July 12, 1960, Pub. L. 86-628, 74 Stat. 452; Aug. 20, 1964, Pub. L. 88-454, Sec. 103, 78 Stat. 550; May 29, 1967, Pub. L. 90-21, title I, 81 Stat. 42.) -MISC1- AMENDMENTS 1967 - An additional allowance of $600 for stationery was authorized by House Resolution No. 1029, Oct. 5, 1966, which was continued by House Resolution No. 112, Mar. 8, 1967, and enacted into permanent law by Pub. L. 90-21. 1964 - An additional allowance of $600 for stationery was authorized by House Resolution No. 533, Oct. 2, 1963, which was enacted into permanent law by Pub. L. 88-454. 1960 - Pub. L. 86-628 increased stationery allowance from $1,200 to $1,800. SIMILAR PROVISIONS Similar provisions 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. ADDITIONAL ALLOWANCES The following acts authorized additional stationery allowances for Representatives, Delegates, and Resident Commissioner: July 15, 1952, ch. 758, Ch. II, 66 Stat. 639. Oct. 10, 1949, ch. 662, title I, 63 Stat. 738. May 1, 1947, ch. 49, title I, 61 Stat. 59. July 23, 1946, ch. 591, title I, 60 Stat. 602. Dec. 28, 1945, ch. 589, title I, 59 Stat. 633. -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 7001 Document 94 of 1400------ -CITE- 2 USC Sec. 46b-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46b-1. House revolving fund for stationery allowances; disposition of moneys from stationery sales; availability of unexpended balances -STATUTE- There is established a revolving fund for the purpose of administering the funds appropriated for stationery allowances to each Representative, Delegate, the Resident Commissioner from Puerto Rico; and stationery for use of the committees, departments, and officers of the House. All moneys hereafter received by the stationery room of the House of Representatives from the sale of stationery supplies and other equipment shall be deposited in the revolving fund and shall be available for disbursement from the fund in the same manner as other sums that may be appropriated by the Congress for this purpose. The unexpended balance of all moneys heretofore received by the stationery room of the House of Representatives from the sale of stationery supplies and equipment shall be deposited in the Treasury of the United States to the credit of the fund: Provided, That the unexpended balances in the appropriations 'Contingent expenses, House of Representatives, stationery, 1945-1946'; 'Contingent expenses, House of Representatives, stationery, 1946'; 'Contingent expenses, House of Representatives, stationery, 1947-48', as of June 30, 1947, shall be transferred to and made available for expenditure out of the fund, together with appropriations herein or hereafter made therefor, to remain available until expended. -SOURCE- (July 17, 1947, ch. 262, 61 Stat. 366.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 25b, 46b-2 of this title. ------DocID 6916 Document 95 of 1400------ -CITE- 2 USC Sec. 2a -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 2a. Reapportionment of Representatives; time and manner; existing decennial census figures as basis; statement by President; duty of clerk -STATUTE- (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; 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. (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. -SOURCE- (June 18, 1929, ch. 28, Sec. 22, 46 Stat. 26; Apr. 25, 1940, ch. 152, 54 Stat. 162; Nov. 15, 1941, ch. 470, Sec. 1, 55 Stat. 761.) -MISC1- AMENDMENTS 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. CONSTITUTIONAL PROVISIONS Apportionment of Representatives among the several States, see Const. Art. I, Sec. 2, cl. 3, and Amend. XIV, Sec. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2b, 2c of this title. ------DocID 7003 Document 96 of 1400------ -CITE- 2 USC Sec. 46c, 46d -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46c, 46d. Repealed. Pub. L. 90-57, July 28, 1967, 81 Stat. 129 -MISC1- 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, Sec. 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 58 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, Sec. 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 58 of this title. EFFECTIVE DATE OF REPEAL Pub. L. 90-57 provided that the repeal is effective Jan. 1, 1968. ------DocID 7004 Document 97 of 1400------ -CITE- 2 USC Sec. 46d-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46d-1. Long-distance telephone calls for Vice President -STATUTE- Commencing January 20, 1949, the provisions of existing law relating to long-distance telephone calls for Senators shall be equally applicable to the Vice President of the United States. -SOURCE- (May 24, 1949, ch. 138, title I, 63 Stat. 77.) ------DocID 6917 Document 98 of 1400------ -CITE- 2 USC Sec. 2b -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 2b. Number of Representatives from each State in 78th and subsequent Congresses -STATUTE- 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. -SOURCE- (Nov. 15, 1941, ch. 470, Sec. 2(a), 55 Stat. 762.) -MISC1- CERTIFICATES TO EXECUTIVES OF STATES Section 2(b) of act Nov. 15, 1941, 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. ------DocID 7006 Document 99 of 1400------ -CITE- 2 USC Sec. 46d-3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46d-3. Repealed. Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 635 -MISC1- 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 58 of this title. EFFECTIVE DATE OF REPEAL Pub. L. 92-184 provided that the repeal is effective Jan. 1, 1972. ------DocID 7007 Document 100 of 1400------ -CITE- 2 USC Sec. 46d-4 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46d-4. Repealed. Pub. L. 92-607, ch. V, Sec. 506(k)(5), formerly Sec. 506(h)(5), Oct. 31, 1972, 86 Stat. 1508, redesignated Sec. 506(i)(5), Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j)(5), Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, redesignated Sec. 506(k)(5), Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189 -MISC1- 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 58 of this title. EFFECTIVE DATE OF REPEAL Section 506(k), formerly Sec. 506(h), of Pub. L. 92-607, redesignated Sec. 506(i) by Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j) by Pub. L. 96-304 title I, Sec. 101, July 8, 1980, 94 Stat. 889, and redesignated Sec. 506(k) by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the repeal is effective Jan. 1, 1973. ------DocID 7008 Document 101 of 1400------ -CITE- 2 USC Sec. 46d-5 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46d-5. Repealed. Pub. L. 92-342, July 10, 1972, 86 Stat. 435 -MISC1- 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. EFFECTIVE DATE OF REPEAL Pub. L. 92-342 provided that the repeal is effective July 1, 1972. ------DocID 7009 Document 102 of 1400------ -CITE- 2 USC Sec. 46e -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46e. Repealed. Pub. L. 92-607, ch. V, Sec. 506(k)(6), formerly Sec. 506(h)(6), Oct. 31, 1972, 86 Stat. 1508, redesignated Sec. 506(i)(6), Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j)(6), Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, redesignated Sec. 506(k)(6), Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189 -MISC1- Section, acts July 1, 1946, ch. 530, 60 Stat. 392; Aug. 2, 1946, ch. 753, title I, Sec. 102, 60 Stat. 814, authorized the payment of charges for telegrams by Senators. See section 58 of this title. EFFECTIVE DATE OF REPEAL Section 506(k), formerly Sec. 506(h), of Pub. L. 92-607, redesignated Sec. 506(i) by Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j) by Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, and redesignated Sec. 506(k) by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the repeal is effective Jan. 1, 1973. ------DocID 7010 Document 103 of 1400------ -CITE- 2 USC Sec. 46f -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46f. Omitted -COD- CODIFICATION Section, acts June 23, 1949, ch. 238, Sec. 1, 63 Stat. 264; May 29, 1951, ch. 117, Sec. 1, 65 Stat. 47; Mar. 10, 1953, ch. 6, Sec. 1, 67 Stat. 5; Feb. 27, 1956, ch. 74, Sec. 1, 70 Stat. 31; Sept. 21, 1959, Pub. L. 86-340, Sec. 1, 73 Stat. 605, related to telephone, telegraph, and radiotelegraph allowances for Representatives, Delegates, and Resident Commissioner, and was omitted from the Code as superseded by section 46g of this title. ------DocID 7011 Document 104 of 1400------ -CITE- 2 USC Sec. 46f-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46f-1. Repealed. Feb. 27, 1956, ch. 74, Sec. 2(b), 70 Stat. 32 -MISC1- 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. EFFECTIVE DATE OF REPEAL Repeal effective as of noon, Jan. 3, 1956, see section 3 of act Feb. 27, 1956, set out as an Effective Date of 1956 Amendment note under section 46g of this title. ------DocID 7012 Document 105 of 1400------ -CITE- 2 USC Sec. 46g -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46g. Telephone, telegraph, and radiotelegraph allowances for House Members -STATUTE- Until otherwise provided by law, there shall be paid out of the contingent fund of the House of Representatives, in accordance with regulations prescribed by the Committee on House Administration, such amounts as may be necessary to pay - (1) toll charges on strictly official long-distance telephone calls, and (2) charges on strictly official telegrams, cablegrams, and radiograms, made or sent by or on behalf of each Member of the House of Representatives (including the Resident Commissioner from Puerto Rico), other than the Speaker, the majority leader, the minority leader, the majority whip, and the minority whip, aggregating not to exceed seventy thousand units for each session of the House of Representatives, except that, if a Member or Resident Commissioner is elected for a portion of a term, the aggregate number of units to which he is entitled under this section for each portion of a session served by him which is less than a full session shall be a number which is the same percentage of seventy thousand as the number of days of his service in such session less than a full session is of the total number of days of the full session. Such units (including any units less than one hundred and forty thousand to the credit of a Member or Resident Commissioner at the close of the Eighty-ninth Congress) shall accumulate and be available for use by each such Member and Resident Commissioner, from session to session and from term to term (if sessions and terms are consecutive), until the aggregate number of such units to the credit of each such Member or Resident Commissioner at the close of each session is not more than one hundred and forty thousand units; but all units in excess of one hundred and forty thousand at such time shall be forfeited and unavailable for use by such Member or Resident Commissioner. For the purposes of this section - (A) one minute of a long-distance telephone call shall be four units, (B) one word of a telegram, cablegram, or radiogram shall be one unit, except that one word of a night letter shall be one-half unit, (C) the word 'session' means the period beginning at noon on January 3 of each calendar year and ending at noon on January 3 of the immediately following calendar year, and (D) the word 'term' means the period beginning at noon on January 3 of each odd-numbered calendar year and ending at noon on January 3 of the next succeeding odd-number calendar year. -SOURCE- (June 23, 1949, ch. 238, Sec. 2, 63 Stat. 265; May 29, 1951, ch. 117, Sec. 1, 65 Stat. 47; July 8, 1952, ch. 590, Sec. 1, 66 Stat. 443; Mar. 10, 1953, ch. 6, Sec. 1, 67 Stat. 5; Feb. 27, 1956, ch. 74, Sec. 2(a), (c), 70 Stat. 32; Sept. 4, 1957, Pub. L. 85-289, Sec. 1, 71 Stat. 614; Sept. 21, 1959, Pub. L. 86-340, Sec. 2, 73 Stat. 605; Dec. 30, 1963, Pub. L. 88-248, Sec. 103, 77 Stat. 817; Aug. 20, 1964, Pub. L. 88-454, Sec. 103, 78 Stat. 550; Aug. 21, 1965, Pub. L. 89-131, Sec. 1, 79 Stat. 544; Oct. 27, 1966, Pub. L. 89-697, ch. VI, 80 Stat. 1064.) -MISC1- AMENDMENTS 1966 - The number of units authorized was increased to 70,000 for each session from prior authorization of 100,000 for each term, accumulation of units was permitted, and provisions were added to count one word of a night letter as one-half unit and to define 'session' by House Resolution No. 901, June 29, 1966, which was enacted into permanent law by Pub. L. 89-697. 1965 - Pub. L. 89-131 substituted 'four units' for 'five units' in cl. (1). 1964 - Payment of charges for telephone calls, telegrams, cablegrams, and radiograms for an additional ten thousand units during a term was authorized by House Resolution No. 531, Oct. 2, 1963, which was enacted into permanent law by Pub. L. 88-454. 1963 - Payment of charges for telephone calls, telegrams, cablegrams, and radiograms for an additional ten thousand units during a term was authorized by House Resolution No. 735, July 25, 1962, which was enacted into permanent law by Pub. L. 88-244. 1959 - Pub. L. 86-340 designated first par. of existing provisions as subsec. (a) and changed six thousand minute telephone allowance and forty thousand word telegraph allowance for each Congress to an aggregate eighty thousand units telephone and telegraph allowance, added subsec. (b) and designated second par. of existing provisions as subsec. (c). 1957 - Pub. L. 85-289 authorized payment for 6,000 minutes of long-distance telephone calls, 40,000 words in official telegrams, cablegrams, and radiograms, and 4,000 words in telegrams, cablegrams, and radiograms sent to or from a point outside the United States, and substituted definition of 'term' for definition of 'year'. 1956 - Act Feb. 27, 1956, authorized payment of 3,000 minutes of long-distance telephone calls made by Members each year, and charges on official telegrams, cablegrams and radiograms aggregating not more than 20,000 words per year, and limited the amount of telegrams, cablegrams and radiograms that may be sent to or from a point outside the United States, or its Territories or possessions. 1953 - Act Mar. 10, 1953, removed monthly limitations on official telephone calls and telegrams of Members without affecting annual limitations, and defined 'year'. 1952 - Act July 8, 1952, allowed Members to use accumulated minutes and words at any subsequent time during the Congress in which they accumulate. 1951 - Act May 29, 1951, changed limitation from $500 per year to 150 minutes per month for telephone calls and 1000 words per month for telegrams. EFFECTIVE DATE OF 1965 AMENDMENT Section 2 of Pub. L. 89-131 provided that: 'The amendment made by the first section of this Act (amending this section) shall take effect as of noon, January 3, 1965.' EFFECTIVE DATE OF 1959 AMENDMENT Section 3 of Pub. L. 86-340 provided that: 'The amendments made by the first two sections of this Act (amending this section and section 46f of this title) shall take effect as of noon, January 3, 1959.' EFFECTIVE DATE OF 1957 AMENDMENT Section 2 of Pub. L. 85-289 provided that: 'The amendment made by the first section of this Act (amending this section) shall take effect as of noon, Jan. 3, 1957.' EFFECTIVE DATE OF 1956 AMENDMENT Section 3 of act Feb. 27, 1956, provided that: 'The amendments made by this Act (amending this section and section 46f of this title and repealing section 46f-1 of this title) shall take effect as of noon on January 3, 1956.' EFFECTIVE DATE OF 1953 AMENDMENT Section 2 of act Mar. 10, 1953, provided that: 'The amendment made by this Act to such Act of June 23, 1949, as amended (amending this section and section 46f of this title), shall take effect as of noon on January 3, 1953.' EFFECTIVE DATE OF 1952 AMENDMENT Section 2 of act July 8, 1952, provided that: 'The amendments made by this Act (amending this section) shall take effect as of July 1, 1951.' EFFECTIVE DATE OF 1951 AMENDMENT Section 4 of act May 29, 1951, provided that: 'The amendments made by this Act (amending this section and sections 46f and 46i of this title) shall take effect on July 1, 1951.' -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. Member as used in this section includes a Representative in Congress, a Delegate, and the Resident Commissioner from Puerto Rico, see section 46i of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 25b, 46i of this title. ------DocID 7013 Document 106 of 1400------ -CITE- 2 USC Sec. 46g-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46g-1. Telephone allowances for House Members for strictly official telephone service -STATUTE- (a) Effective as of April 1, 1971, until otherwise provided by law, the Clerk of the House of Representatives shall reimburse, from the contingent fund of the House - (1) each Member of the House of Representatives and the Resident Commissioner from Puerto Rico in an amount not more than $450 quarterly for charges for strictly official telephone service incurred outside the District of Columbia; and (2) the Delegate from the District of Columbia in an amount not more than $450 quarterly for charges for strictly official telephone service incurred within the District of Columbia. (b) Any unused portion of each quarterly allowance provided by this section shall lapse. The Committee on House Administration shall make such rules and regulations as the committee considers necessary to carry out this section. The amounts provided by this section shall be in addition to any other amounts provided by law which may be available for payment of charges described in subsection (a) of this section. -SOURCE- (Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 418, Ninety-second Congress, May 18, 1971, which was enacted into permanent law by Pub. L. 92-184. -MISC3- PRIOR PROVISIONS A prior section, based on House Resolution No. 161, Ninetieth Congress, May 11, 1967, which was enacted into permanent law by Pub. L. 90-392, title I, July 9, 1968, 82 Stat. 318, was repealed by section 3 of House Resolution No. 418. The repeal was effective on Dec. 15, 1971, the date of enactment of the provisions of House Resolution No. 418 as permanent law. -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. ------DocID 7014 Document 107 of 1400------ -CITE- 2 USC Sec. 46h -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46h. Repealed. May 29, 1951, ch. 117, Sec. 2, 65 Stat. 47, eff. July 1, 1951 -MISC1- Section, act June 23, 1949, ch. 238, Sec. 3, 63 Stat. 265, related to limitation on charging telegrams to official business of the House. See section 46g of this title. ------DocID 7015 Document 108 of 1400------ -CITE- 2 USC Sec. 46i -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46i. Definitions -STATUTE- As used in section 46g of this title, the term 'Member' or 'Member of the House of Representatives' includes a Representative in Congress, a Delegate from a Territory, and the Resident Commissioner from Puerto Rico. -SOURCE- (June 23, 1949, ch. 238, Sec. 6, 63 Stat. 265; May 29, 1951, ch. 117, Sec. 3, 65 Stat. 47.) -MISC1- AMENDMENTS 1951 - Act May 29, 1951, struck out definition of 'State'. EFFECTIVE DATE OF 1951 AMENDMENT Amendment by act May 29, 1951, effective July 1, 1951, see section 4 of that act set out as a note under section 46g of this title. ------DocID 7016 Document 109 of 1400------ -CITE- 2 USC Sec. 47 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 47. Mode of payment -STATUTE- The compensation of Members and Delegates shall be passed as public accounts, and paid out of the public Treasury. -SOURCE- (R.S. Sec. 46.) -COD- CODIFICATION R.S. Sec. 46 derived from acts Jan. 22, 1818, ch. 5, Sec. 3, 3 Stat. 404, and Feb. 10, 1854, ch. 11, Sec. 1, 10 Stat. 267. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 7017 Document 110 of 1400------ -CITE- 2 USC Sec. 48 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 48. Certification of salary and mileage accounts -STATUTE- Salary and mileage accounts of Senators shall be certified by the President of the Senate, and those of Representatives and Delegates by the Speaker of the House of Representatives; and such certificates shall be conclusive upon all the departments and officers of the Government. -SOURCE- (R.S. Sec. 47, 48; July 28, 1866, ch. 296, Sec. 17, 14 Stat. 323; Jan. 20, 1874, ch. 11, 18 Stat. 4.) -COD- CODIFICATION R.S. Sec. 47 derived from acts July 28, 1866, ch. 296, Sec. 17, 14 Stat. 323, and Jan. 22, 1818, ch. 5, Sec. 3, 3 Stat. 404. R.S. Sec. 48 derived from act Sept. 30, 1850, ch. 90, Sec. 1, 9 Stat. 523. R.S. Sec. 47 constitutes first clause and R.S. Sec. 48 constitutes remainder. -CROSS- CROSS REFERENCES Speaker authorized to designate a substitute in his office to sign certificates for salary and accounts, see section 50 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 25b, 50 of this title. ------DocID 7018 Document 111 of 1400------ -CITE- 2 USC Sec. 49 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 49. Certificate of salary during recess -STATUTE- The Clerk of the House of Representatives is authorized and directed to sign, during the recess of Congress after the first session and until the first day of the second session, the certificates for the monthly compensation of Members and Delegates in Congress, which certificate shall be in the form in use on August 15, 1876, and shall have the like force and effect as is given to the certificate of the Speaker. -SOURCE- (Aug. 15, 1876, ch. 287, Sec. 1, 19 Stat. 145.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 7019 Document 112 of 1400------ -CITE- 2 USC Sec. 50 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 50. Substitute to sign certificates for salary and accounts -STATUTE- The Speaker is authorized to designate from time to time some one from among those appointed by him and appropriated for and employed in his office, whose duty it shall be under the direction of the Speaker to sign in his name and for him all certificates required by section 48 of this title for salary and accounts for traveling expenses in going to and returning from Congress of Representatives and Delegates. -SOURCE- (Nov. 12, 1903, P. Res. No. 1, 33 Stat. 1.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 7020 Document 113 of 1400------ -CITE- 2 USC Sec. 51 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 51. Monuments to deceased Senators or House Members -STATUTE- Whenever any deceased Senator or Member of the House of Representatives shall be actually interred in the Congressional Cemetery, so-called, it shall be the duty of the Sergeant at Arms of the Senate, in the case of a Senator, and of the Sergeant at Arms of the House of Representatives, in the case of a Member of the House, to have a monument erected, of granite, with suitable inscriptions, and the cost of the same shall be a charge upon and paid out either from the contingent funds of the Senate or of the House of Representatives, to whichever the deceased may have belonged, and any existing omissions of monuments or inscriptions, as aforesaid, are directed and authorized to be supplied in like manner. -SOURCE- (May 23, 1876, ch. 103, 19 Stat. 54.) -MISC1- CONGRESSIONAL CEMETERY; RESTORATION AND PRESERVATION; GRANTS TO THE ASSOCIATION FOR THE PRESERVATION OF HISTORIC CONGRESSIONAL CEMETERY Pub. L. 97-245, Aug. 26, 1982, 96 Stat. 313, provided: 'That the Congress finds and declares that - '(1) sections of the Congressional Cemetery in the District of Columbia are of national historic significance, including those areas in which John Philip Sousa, Matthew Brady, J. Edgar Hoover, several former Members of the United States Senate and House of Representatives, and many other persons of historical importance and interest are buried; and '(2) the physical condition of these areas and related portions of the cemetery has deteriorated to the extent that restoration is necessary to protect and preserve the historical values of these areas. 'Sec. 2. In order to assist in the restoration and preservation of the historic values of the Congressional Cemetery, the Architect of the Capitol is authorized and directed to make grants to the Association for the Preservation of Historic Congressional Cemetery, Washington, District of Columbia, to be used for a program of restoration and preservation (but not routine maintenance) of the cemetery to be carried out under terms and conditions to be prescribed by the Architect of the Capitol. The Association shall maintain adequate records and accounts of all financial transactions and operations carried out under such program, and such records shall be available at all times for audit and investigation by the Architect or the Comptroller General of the United States. Nothing in this Act (this note) shall be construed to vest title to the Congressional Cemetery in the United States. 'Sec. 3. There is authorized to be appropriated $300,000 for grants to be made under section 2 of this Act, such sums to remain available until expended. 'Sec. 4. No authority under this Act (this note) to make payments shall be effective except to the extent and in such amounts as provided in advance in appropriations Acts.' ------DocID 7021 Document 114 of 1400------ -CITE- 2 USC Sec. 52, 53 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 52, 53. Repealed. Pub. L. 92-607, ch. V, Sec. 506(k)(7), formerly Sec. 506(h)(7), Oct. 31, 1972, 86 Stat. 1508, redesignated Sec. 506(i)(7), Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j)(7), Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, redesignated Sec. 506(k)(7), Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189 -MISC1- 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 58 of this title. Similar provisions were contained in the following prior appropriations acts: June 27, 1956, ch. 453, 70 Stat. 359, as amended Sept. 29, 1965, Pub. L. 89-211, Sec. 1(b), 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 58 of this title. Similar provisions were contained in the following prior appropriations acts: June 27, 1956, ch. 453, 70 Stat. 359, as amended July 27, 1965, Pub. L. 89-90, 79 Stat. 269; Dec. 12, 1969, Pub. L. 91-145, 83 Stat. 343. Aug. 5, 1955, ch. 568, 69 Stat. 504. July 2, 1954, ch. 455, title I, 68 Stat. 399. EFFECTIVE DATE OF REPEAL Section 506(k), formerly Sec. 506(h), of Pub. L. 92-607, redesignated Sec. 506(i) by Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j) by Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, and redesignated Sec. 506(k) by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the repeal is effective Jan. 1, 1973. ------DocID 7022 Document 115 of 1400------ -CITE- 2 USC Sec. 54 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 54. United States Code Annotated or Federal Code Annotated; procurement for House Members -STATUTE- (a) Subject to subsection (b) of this section, the Clerk of the House of Representatives shall procure for and furnish to each Member of the House of Representatives and the Resident Commissioner from Puerto Rico, either one complete set of the current volumes of the United States Code Annotated, and the current pocket parts thereof, published by the West Publishing Company, Saint Paul, Minnesota, and the Edward Thompson Company, Mineola, New York, or one complete set of the current volumes of the Federal Code Annotated, and the current pocket parts thereof, published by the Bobbs-Merrill Company, Incorporated, a subsidiary of Howard W. Sams and Company, Incorporated, Indianapolis, Indiana, and New York, New York, as such Member or Resident Commissioner may elect, upon his written application to the Clerk containing his certification that the volumes and pocket parts thereof for which he applies are intended for his personal use exclusively. The complete set of the volumes and pocket parts thereof for which the Member or Resident Commissioner applies shall be furnished on a current basis for the continuous period of his service as Member or Resident Commissioner beginning immediately after his application therefor, irrespective of the number of his terms of office covered by such period of service, and his selection of the set of such volumes and pocket parts may not be changed during such period of service. A Member and the Resident Commissioner is entitled to apply for and receive a set of volumes and pocket parts under this authorization after each break in his service as Member or Resident Commissioner. (b) A Member or the Resident Commissioner is not entitled, for the continuous period of his service described in subsection (a) of this section, to more than one copy of each of the current volumes, and the current pocket parts thereof, for which he applies under this authorization or, after the close of the Ninetieth Congress, to receive a set of volumes and pocket parts under this authorization and a set of the Code of Laws of the United States, and supplements thereto, under section 212 of title 1. (c) Until otherwise provided by law, there shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this authorization. (d) The Committee on House Administration is authorized to prescribe such regulations as may be necessary to carry out this authorization. -SOURCE- (Pub. L. 90-392, title I, July 9, 1968, 82 Stat. 318.) -REFTEXT- REFERENCES IN TEXT The United States Code Annotated, referred to in subsec. (a), is published by the West Publishing Company of St. Paul, Minnesota. The Federal Code Annotated, referred to in subsec. (a), is now published as the United States Code Service by The Lawyers Co-Operative Publishing Company of Rochester, New York, and Bancroft-Whitney Co. of San Francisco, California. -COD- CODIFICATION Section is based on House Resolution No. 506, Ninetieth Congress, Aug. 21, 1967, which was enacted into permanent law by Pub. L. 90-392. -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 7023 Document 116 of 1400------ -CITE- 2 USC Sec. 55 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 55. United States Code Annotated or United States Code Service; procurement for Senators -STATUTE- In lieu of the volumes of the Code of Laws of the United States, and the supplements thereto, supplied a Senator under section 212 of title 1, the Secretary of the Senate is authorized and directed to supply to a Senator upon written request of, and as specified by, that Senator - (1) one copy of each of the volumes of the United States Code Annotated being published at the time the Senator takes office, and, as long as that Senator holds office, one copy of each replacement volume, each annual pocket part, and each pamphlet supplementing each such pocket part to the United States Code Annotated; or (2) one copy of each of the volumes of the United States Code Service being published at the time the Senator takes office, and, as long as the Senator holds office, one copy of each replacement volume and each pocket supplement to the United States Code Service. A Senator is entitled to make a written request under this paragraph and be supplied such volumes, pocket parts, and supplements the first time he takes office as a Senator and each time thereafter he takes office as a Senator after a period of time during which he has not been a Senator. In submitting such written request, the Senator shall certify that the volumes, pocket parts, or supplements he is to be supplied are to be for his exclusive, personal use. A Senator holding office on July 9, 1971, shall be entitled to file a written request and receive the volumes, pocket parts, and supplements, as the case may be, referred to in this paragraph if such request is filed within 60 days after July 9, 1971. Expenses incurred under this authorization shall be paid from the contingent fund of the Senate. -SOURCE- (Pub. L. 92-51, July 9, 1971, 85 Stat. 129; Pub. L. 92-607, ch. V, Sec. 501, Oct. 31, 1972, 86 Stat. 1504.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-607 substituted 'United States Code Service' for 'Federal Code Annotated' in two places. ------DocID 7024 Document 117 of 1400------ -CITE- 2 USC Sec. 56 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 56. Office expenses within the District of Columbia of the Delegate from the District of Columbia -STATUTE- Effective as of April 1, 1971, until otherwise provided by law, the Clerk of the House of Representatives shall reimburse the Delegate from the District of Columbia, from the contingent fund of the House, in an amount not more than $300 quarterly, upon certification of the Delegate, for official office expenses incurred within the District of Columbia. -SOURCE- (Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636.) -COD- CODIFICATION Section is based on section 2 of House Resolution No. 418, Ninety-second Congress, May 18, 1971, which was enacted into permanent law by Pub. L. 92-184. -MISC3- REIMBURSEMENT OF EXPENSES OF HOUSE MEMBERS; MEMBER OF HOUSE OF REPRESENTATIVES AND MEMBER DEFINED Section 302(a), (b), and (d) of House Resolution No. 287, Ninety-fifth Congress, Mar. 2, 1977, enacted into permanent law by Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668, provided that: '(a) Notwithstanding any other provision of law and until otherwise provided by law - '(1) effective January 3, 1977, each Member of the House of Representatives shall be entitled to reimbursement under the nineteenth paragraph under the subheading 'Contingent Expenses of the House' under the heading 'HOUSE OF REPRESENTATIVES' in the Legislative Appropriation Act, 1955 (2 U.S.C. 122a), or under chapter 4, section 401, of the Supplemental Appropriations Act, 1972 (2 U.S.C. 56), for any official expense incurred in the United States; and '(2) the Clerk of the House may make disbursements under the paragraph referred to in paragraph (1) by (A) direct payment to the person from whom goods or services are obtained by the Member involved under such paragraph; or (B) reimbursement to the Member involved or person designated by the Member. '(b) Effective January 3, 1978, notwithstanding any other provision of law and until otherwise provided by law, and conditional upon the adoption of a House rule prohibiting Members of the House of Representatives from maintaining unofficial office accounts, the entitlement of each Member of the House of Representatives under the nineteenth paragraph under the subheading 'Contingent Expenses of the House' under the heading 'HOUSE OF REPRESENTATIVES' in the Legislative Appropriation Act, 1955 (2 U.S.C. 122a), or under chapter 4, section 401, of the Supplemental Appropriation Act, 1972 (2 U.S.C. 56), shall not exceed $7,000 annually. '(d) For purposes of this section, the terms 'Member of the House of Representatives' and 'Member' mean each Representative in, or Delegate or Resident Commissioner to, the House of Representatives.' Section 302(a), (b), and (d) of House Resolution No. 287 is also set out as a note under section 122a of this title. Section 302(c) of such resolution is set out as a note under section 41 of this title. -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. Delegate to House of Representatives from District of Columbia, see sections 25a, 25b of this title. ------DocID 7025 Document 118 of 1400------ -CITE- 2 USC Sec. 57 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 57. Adjustment of allowances by Committee on House Administration -STATUTE- (a) Until otherwise provided by law, the Committee on House Administration may, as the committee considers appropriate, fix and adjust from time to time, by order of the committee, the amounts of allowances (including the terms, conditions, and other provisions pertaining to those allowances) within the following categories: (1) for Members of the House of Representatives, the Resident Commissioner from Puerto Rico, and the Delegate from the District of Columbia - allowances for clerk hire, postage stamps, stationery, telephone and telegraph and other communications, official office space and official office expenses in the congressional district represented (including, as applicable, a State, the Commonwealth of Puerto Rico, and the District of Columbia), official telephone services in the congressional district represented, and travel and mileage to and from the congressional district represented; and (2) for the standing committees, the Speaker, the majority and minority leaders, the majority and minority whips, the Clerk, the Sergeant at Arms, the Doorkeeper, and the Postmaster of the House of Representatives - allowances for postage stamps, stationery, and telephone and telegraph and other communications. (b) The contingent fund of the House of Representatives is made available to carry out the purposes of this section. -SOURCE- (Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636.) -COD- CODIFICATION Section is based on House Resolution No. 457, Ninety-second Congress, May 27, 1971, which was enacted into permanent law by Pub. L. 92-184. -MISC3- CLERK HIRE ALLOWANCE; INCREASE Pub. L. 101-520, title I, Sec. 104, Nov. 5, 1990, 104 Stat. 2262, provided that: 'Effective as of the beginning of the 102d Congress, the authorization for the Clerk Hire Allowance, as established by the Committee on House Administration, is increased by $50,000.' COMMITTEE ORDER NO. 1 (REVISED) (FOOTNOTE 1) (FOOTNOTE 1) Rescinded. See Committee Order No. 12. Resolved, that effective January 25, 1972, each Member of the House of Representatives shall be entitled to office space suitable for his use in the district he represents at such places designated by him in such district. The Sergeant at Arms shall secure office space satisfactory to the Member in post offices or Federal buildings at not more than two (2) locations if such space is available. Office space to which a Member is entitled under this resolution which is not secured by the Sergeant at Arms may be secured by the Member, and the Clerk shall approve for payment from the contingent fund of the House of Representatives vouchers covering bona fide statements of amounts due for office space not exceeding a total allowance to each Member of $200 per month; but if a Member certifies to the Committee on House Administration that he is unable to obtain suitable space in his district for $200 per month due to high rental rates or other factors, the Committee on House Administration may, as the Committee considers appropriate, direct the Clerk to approve for payment from the contingent fund of the House of Representatives vouchers covering bona fide statements of amounts due for suitable office space not exceeding a total allowance to each Member of $350 per month. Members shall be entitled to have no more than three (3) district offices outfitted with office equipment, carpeting, and draperies at the expense of the General Services Administration. As used in this resolution the term 'Member' means any Member of the House of Representatives, the Resident Commissioner of Puerto Rico, and the Delegate of the District of Columbia. COMMITTEE ORDER NO. 2 (REVISED) Resolved, that effective January 3, 1973, until otherwise provided by order of the Committee on House Administration: (a) The contingent fund of the House of Representatives is made available for reimbursement of transportation expenses incurred by Members (including the Resident Commissioner from Puerto Rico) in traveling on official business, by the nearest usual route, between Washington, District of Columbia, and any point in the district which he represents, for not more than 36 round trips during each Congress, such reimbursement to be made in accordance with rules and regulations established by the Committee on House Administration of the House of Representatives. (b) The contingent fund of the House of Representatives is made available for reimbursement of transportation expenses incurred by employees in the office of a Member (including the Resident Commissioner from Puerto Rico) for not more than 6 round trips during any Congress between Washington, District of Columbia and any point in the Congressional district represented by the Member. Such payment shall be made only upon vouchers approved by the Member, containing a certification by him that such travel was performed on official duty. The Committee on House Administration shall make such rules and regulations as may be necessary to carry out this section. (c) A Member of the House of Representatives (including the Resident Commissioner from Puerto Rico) may elect to receive in any Congress, in lieu of reimbursement of transportation expenses for such Congress is authorized in paragraph (a) above, a lump sum transportation payment of $2,250 for each Congress. The Committee on House Administration of the House of Representatives shall make such rules and regulations as may be necessary to carry out this section. (d) This order shall not affect any allowance for travel of Members of the House of Representatives (including the Resident Commissioner from Puerto Rico) which is authorized to be paid from funds other than the contingent fund of the House of Representatives. COMMITTEE ORDER NO. 3 Resolved, that effective March 1, 1972, until otherwise provided by order of the Committee on House Administration, each Member of the House of Representatives, the Resident Commissioner from Puerto Rico, and the Delegate from the District of Columbia shall be entitled to an annual clerk hire allowance of $157,092 for not to exceed 16 clerks. There shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this order until otherwise provided by law. COMMITTEE ORDER NO. 4 Resolved, that effective January 3, 1973, until otherwise provided by order of the Committee on House Administration; the allowance for stationery for each Member of the House of Representatives, Delegates, and Resident Commissioner shall be $4,250 per regular session. COMMITTEE ORDER NO. 5 Resolved, that effective May 1, 1973, until otherwise provided by order of the Committee on House Administration upon written request to the Committee on House Administration, a Member, the Resident Commissioner from Puerto Rico, or a Delegate to the House of Representatives may employ in lieu of 1 of the 16 clerks allowed under his clerk hire allowance, a research assistant at such salary as the Member may designate. The Member's annual clerk hire allowance will then be increased at the rate of $20,000. There shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this order until otherwise provided by law. COMMITTEE ORDER NO. 6 Resolved, that effective May 1, 1973, until otherwise provided by order of the Committee on House Administration, upon written request to the Committee on House Administration, a Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives may allocate up to $250 a month of any unused portion of his clerk hire allowance for the leasing of equipment necessary for the conduct of his office. There shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this order until otherwise provided by law. COMMITTEE ORDER NO. 7 Resolved, that effective October 1, 1973, until otherwise provided by Order of the Committee on House Administration the quarterly allowance for official telephone service outside the District of Columbia for Members, Delegates, and the Resident Commissioner from Puerto Rico is increased from $450 quarterly to $600 quarterly. COMMITTEE ORDER NO. 8 Resolved, that effective October 1, 1973, until otherwise provided by Order of the Committee on House Administration the quarterly allowance for official office expenses incurred outside the District of Columbia by Members, Delegates, and the Resident Commissioner from Puerto Rico has been increased from $300 quarterly to $500 quarterly. COMMITTEE ORDER NO. 9 Resolved, that effective October 1, 1973, until otherwise provided by Order of the Committee on House Administration the number of units provided for official telephone calls, telegrams, cablegrams, and radiograms made or sent by on or behalf of a Member, Delegate, or the Resident Commissioner of Puerto Rico has been increased from 80,000 units to 100,000 units for each regular session of Congress. Such units shall accumulate and be available for use until the aggregate number of such units in the close of each session is not more than 200,000. Unused units in excess of 200,000 at the close of session may not be carried forward for use in a succeeding session. COMMITTEE ORDER NO. 10 Resolved, that until otherwise provided by the Committee on House Administration, there shall be paid from the contingent fund of the House of Representatives to each Member, Resident Commissioner, or Delegate to the House of Representatives an additional allowance of $1,000 for stationery. Such payment shall be effective each session beginning with the 2nd Session of the 93d Congress. Effective date: 2d Session of the 93d Congress. COMMITTEE ORDER NO. 11 Resolved, that effective January 1, 1974, until otherwise provided by the Committee on House Administration, one word of a telegram, cablegram, or radiogram, shall be charged as two (2) units, except that one word of a night letter shall be charged as one (1) unit. In addition, twelve (12) units shall be charged for physical delivery of any telegram, cablegram, or radiogram, by the Telegraph Company. COMMITTEE ORDER NO. 12 Resolved, that effective March 1, 1974, each Member of the House of Representatives shall be entitled to office space suitable for his use in the district he represents at such places designated by him in such district. The Sergeant at Arms shall secure office space satisfactory to the Member in post offices or Federal buildings at not more than three (3) locations if such space is available. Office space to which a Member is entitled under this resolution which is not secured by the Sergeant At Arms may be secured by the Member, and the Clerk shall approve for payment from the contingent fund of the House of Representatives vouchers covering bona fide statements of amounts due for office space not exceeding a total allowance to each Member of $200 per month; but if a Member certifies to the Committee on House Administration that he is unable to obtain suitable space in his district for $200 per month due to high rental rates or other factors, the Committee on House Administration may, as the Committee considers appropriate, direct the Clerk to approve for payment from the contingent fund of the House of Representatives vouchers covering bona fide statements of amounts due for suitable office space not exceeding a total allowance to each Member of $500 per month. In the event suitable office space is not available in post offices or other Federal buildings and the Member certifies to the Committee on House Administration that he is unable to obtain suitable private space in his district for $500.00 per month due to high rental rates or other factors, the Committee on House Administration may direct the Clerk to approve for payment from the contingent fund of the House of Representatives vouchers covering bona fide statements of amounts due for suitable office space not exceeding approximately 1,500 square feet at rates not to exceed the highest applicable rate charged to Federal agencies in the district established by regulations issued by the Administrator of General Services pursuant to Section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j)). Members shall be entitled to have no more than three (3) district offices outfitted with office equipment, carpeting, and draperies at the expense of the General Services Administration. As used in this resolution the term 'Member' means any Member of the House of Representatives, the Resident Commissioner from Puerto Rico, and the Delegates from the District of Columbia, Guam, and the Virgin Islands. Committee Order No. 12 rescinds the provisions of Committee Order No. 1 revised. COMMITTEE ORDER NO. 13 Resolved, that in addition to postage stamps authorized to be furnished under any other provision of law, until otherwise provided by order of the Committee on House Administration, the Clerk of the House of Representatives shall for each regular session of Congress procure and furnish United States postage stamps to each Representative, the Resident Commissioner of Puerto Rico, and the Delegates from the District of Columbia, Guam, and the Virgin Islands in an amount not exceeding $230, and to each standing committee of the House of Representatives upon request of the chairman thereof, in an amount not exceeding $140. In addition to postage stamps authorized under any other provision of law, until otherwise provided by order of the Committee on House Administration, the Speaker, the majority and minority leaders, and the majority and minority whips of the House of Representatives shall each be allowed United States postage stamps in an amount not exceeding $205. Effective date: August 20, 1974. COMMITTEE ORDER NO. 14 Resolved, that until otherwise provided by order of the Committee on House Administration; the allowance for Stationery for each Member of the House of Representatives, Delegate, and Resident Commissioner, shall be $6,500 per regular session. Such payment shall be made to each Member, Delegate, and the Resident Commissioner serving as such on or after the date of adoption of this resolution. Effective date: August 20, 1974. COMMITTEE ORDER NO. 15 Resolved, the Clerk of the House is authorized and directed to pay each Member, the Resident Commissioner from Puerto Rico, and the Delegates to the House of Representatives from the contingent fund of the House the amount of $500 quarterly upon the certification of each such Member, Resident Commissioner and Delegate for official expenses incurred outside the District of Columbia; effective with the beginning of the 94th Congress. Effective date: December 18, 1974. COMMITTEE ORDER NO. 16 Resolved, that effective this date, until otherwise provided by order of the Committee on House Administration, each Member, the Resident Commissioner from Puerto Rico, and the Delegate from the District of Columbia to the House of Representatives shall be entitled to an annual clerk hire allowance for the employment of not to exceed 18 clerks, and the Delegates from Guam and the Virgin Islands to the House of Representatives shall be entitled to an annual clerk hire allowance for the employment of not to exceed 11 clerks. Effective date: March 6, 1975. COMMITTEE ORDER NO. 17 Resolved, that effective March 1, 1975, until otherwise provided by order of the Committee on House Administration, upon written request to the Committee on House Administration, a Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives may allocate an amount not to exceed $250 a month of any unused portion of his or her clerk hire allowance for the leasing of equipment necessary for the conduct of his or her office or for the leasing of computer and related services in connection with his or her official duties. COMMITTEE ORDER NO. 18 Resolved, that effective this date, until otherwise provided by order of the Committee on House Administration, each Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives is authorized a $650 per month allowance to lease office equipment, and upon written request to the Committee on House Administration, a Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives may allocate an amount not to exceed $250 a month of any unused portion of his or her clerk hire allowance for the leasing of equipment necessary for the conduct of his or her office or for the leasing of computer and related services in connection with his or her official duties. The said monthly allowances are not cumulative. Effective date: April 23, 1975. COMMITTEE ORDER NO. 19 Resolved, that effective this date (June 2, 1975), until otherwise provided by order of the Committee on House Administration: (a) The contingent fund of the House of Representatives is made available for reimbursement of transportation expenses incurred by Members (including the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, the Virgin Islands, and Guam) in traveling, on official business, by the nearest usual route, between Washington, District of Columbia, and any point in the district which he represents, for not more than 26-round trips during each session of Congress (at the discretion of the Member, Resident Commissioner and Delegates no more than 6 of the 26-round trips may be allocated to the employees of their offices, such reimbursement to be made in accordance with rules and regulations established by the Committee on House Administration of the House of Representatives. (b) The contingent fund of the House of Representatives is made available for reimbursement of transportation expenses incurred by employees in the office of a Member (including the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, the Virgin Islands, and Guam) in traveling, on official business, by the nearest usual route, between Washington, District of Columbia, and any point in the Congressional district represented by the Member, for not more than 6-round trips during each session of Congress. Such payment shall be made only upon the receipt of a voucher approved by the Member, containing a certification by him stating that such travel was performed on official business. The Committee on House Administration shall make such rules and regulations as may be necessary to carry out this section. (c) A Member of the House of Representatives (including the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, the Virgin Islands, and Guam) may elect to receive in each session of Congress, in lieu of reimbursement of transportation expenses for each session of Congress as authorized in paragraph (a) above, a lump sum transportation payment of $2,250 for each session of Congress. The Committee on House Administration of the House of Representatives shall make such rules and regulations as may be necessary to carry out this section. (d) This order shall not affect any allowance for travel of Members of the House of Representatives (including the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, the Virgin Islands, and Guam) which is authorized to be paid from funds other than the contingent fund of the House of Representatives. COMMITTEE ORDER NO. 20 Resolved, that effective June 1, 1975, until otherwise provided by order of the Committee on House Administration, each Member of the House of Representatives, the Resident Commissioner from Puerto Rico, and the Delegates from the District of Columbia, the Virgin Islands, and Guam shall be entitled to an additional annual clerk hire allowance of $22,500. There shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this order until otherwise provided by law. COMMITTEE ORDER NO. 21 Resolved, that effective June 1, 1975, until otherwise provided by order of the Committee on House Administration, each Member of the House of Representatives, Delegate and Resident Commissioner shall be entitled to a constituent communication's allowance equivalent to the fair market value of the printing and production costs of two standard 11 x 17 inch Congressional district-wide constituent reports per annum for use in production and printing of newsletters, questionnaires or similar correspondence eligible to be mailed under the frank. The Committee on House Administration shall make such rules and regulations as may be necessary to establish the fair market value of the cost of printing and production of two standard 11 x 17 inch Congressional district-wide constituent report. There shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary until otherwise provided by law. COMMITTEE ORDER NO. 22 Resolved, that effective for the 94th Congress, until otherwise provided by Order of the Committee on House Administration, that in addition to the basic installation and service charges not to exceed the cost of three telephone lines at each of three district offices, the number of units provided for official telephone calls, telegrams, cablegrams, and radiograms made or sent by on or behalf of a Member, Delegate, or the Resident Commissioner of Puerto Rico is hereby changed to an overall allowance of 125,000 units for each regular session of Congress. These units shall be transferable among the Washington, D.C. and district offices. In addition, payment for the use of a WATS line is authorized, but the charges for such WATS line shall be calculated and deducted at a rate of 11 cents per unit. Such units shall accumulate and be available for use until the aggregate number of such units at the close of each session or Congress is not more than 250,000. Unused units in excess of 250,000 at the close of a session may not be carried forward for use in a succeeding session or Congress. COMMITTEE ORDER NO. 23 Resolved, that effective this date (July 29, 1975), until otherwise provided by order of the Committee on House Administration, each Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives is authorized upon written request to the Committee on House Administration, to allocate an amount not to exceed $1000 a month of any unused portion of his or her clerk hire allowance for the leasing of computer and related services in connection with his or her official duties. The said monthly allowance is not cumulative. COMMITTEE ORDER NO. 24 Resolved, that effective October 1, 1975, until otherwise provided by order of the Committee on House Administration, each Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives is authorized a $750.00 per month allowance to lease office equipment, and upon written request to the Committee on House Administration, a Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives may allocate an amount not to exceed $250.00 a month of any unused portion of his or her clerk hire allowance for the leasing of equipment necessary for the conduct of his or her office in connection with his or her official duties. The said monthly allowances are not cumulative. COMMITTEE ORDER NO. 25 Resolved, that effective immediately prior to noon on January 3, 1977, until otherwise provided by order of the Committee on House Administration, the allowance for airmail and special delivery stamps authorized by 2 U.S.C. 42c and 42d shall be reduced from its existing level to one dollar per session. COMMITTEE ORDER NO. 26 Resolved, that effective immediately prior to noon, January 3, 1977, until otherwise provided by Order of the Committee on House Administration, each Member of the House of Representatives shall be entitled to annual clerk-hire allowance of $238,584.00 for not to exceed 18 clerks. The amount of this allowance may be adjusted by the Committee on House Administration subsequent to the adoption of this order to reflect any adjustment to federal salary levels that occur under the Federal Pay Comparability Act of 1971. The Committee on House Administration of the House of Representatives shall promulgate such regulations as may be necessary to carry out the provisions of this resolution. 'Member' means each Representative in, or Delegate or Resident Commissioner to, the House of Representatives. COMMITTEE ORDER NO. 27 Resolved, that effective September 1, 1976, until otherwise provided by order of the Committee on House Administration, reimbursements to Members for authorized expenditures shall be made only as prescribed by regulations of, and on forms issued by the Committee on House Administration. 'Member' means each Representative in, or Delegate or Resident Commissioner to, the House of Representatives. COMMITTEE ORDER NO. 28 Resolved, that effective immediately prior to noon on January 3, 1977, until otherwise provided by Order of the Committee on House Administration, if a Member elects to utilize WATS or similar service in his or her office in the District of Columbia, the Telecommunications Allowance shall be reduced by one-half. The Committee on House Administration shall promulgate regulations to implement this order and ensure adequate telecommunications service for Members representing districts where WATS or similar service is not available. 'Member' means each Representative in, or Delegate or Resident Commissioner to, the House of Representatives. COMMITTEE ORDER NO. 29 Resolved, that effective immediately prior to noon on January 3, 1977, until otherwise provided by Order of the Committee on House Administration, a Member may at any time during a session of Congress: 1 - Receive in lieu of transportation authorized under 2 U.S.C. 43b a lump sum payment not to exceed $1.00 per session. 2 - Withdraw a sum not to exceed $1.00 per session from his or her stationery account. 3 - Receive under the provisions of 2 U.S.C. 122a an amount not to exceed $1.00 per session for official expenses outside the District of Columbia unless such Member submits an itemization of the expenses for which such Member seeks reimbursement. The Committee on House Administration of the House of Representatives shall promulgate such regulations as may be necessary to carry out the provisions of this resolution. 'Member' means each Representative in, or Delegate or Resident Commissioner to, the House of Representatives. COMMITTEE ORDER NO. 30 Resolved, that effective immediately prior to noon on January 3, 1977, until otherwise provided by Order of the Committee on House Administration, Members may elect to transfer the authorization to expend funds among the following allowances. 1. Constituent Communication Allowance. 2. Official Expenses Outside the District of Columbia Allowance. 3. Stationery Allowance. 4. Equipment Lease Allowance. 5. Travel Allowance for Members and Designated Employees. The maximum amount transferable will be limited to an amount computed as follows: 64 times the rate per mile between the District of Columbia and the furthest point in the Member's District, according to the Rand McNally Standard Highway Mileage Guide. In no case shall this amount be less than $2,250. The following rates per mile apply: Under 500 miles $.15/mile At least 500 but under 750 miles .14/mile At least 750 but under 1000 miles .13/mile At least 1000 but under 1750 miles .12/mile At least 1750 but under 2250 miles .11/mile At least 2250 but under 2500 miles .10/mile At least 2500 but under 3000 miles .09/mile 3000 miles or over .08/mile 6. Telephone and Telegraph Allowance. The maximum amount transferable will be limited to an amount computed as follows: 15,000 minutes times the highest long-distance telephone rate from the District of Columbia to the Member's District. If the Member has elected to utilize WATS or similar service in his or her office in the District of Columbia, the amount will be reduced by one-half. 7. District Office Rental Allowance. The maximum amount transferable will be computed as follows: 1500 times the highest allowable GSA rental cost per square foot for office space in the Member's District. Additionally, a Member may transfer a maximum of $12,000 per regular session of Congress for computer and related services and a maximum of $3,000 per regular session of Congress for Office Equipment leasing for his or her clerk-hire allowance. All transfers made under this order shall be among the several above-stated categories and for the necessary and official expenses incurred by the Member in the conduct of his or her duties as a Member of the House of Representatives. In the event the House precludes the use of the contingent fund of the House for implementation of this committee order, the status quo anti shall be restored as respects the individual accounts and allowances heretofore established by committee order or regulation prior to the adoption of this committee order. The Committee on House Administration of the House of Representatives shall promulgate such regulations as may be necessary to carry out the provisions of this resolution. 'Member' means each Representative in, or Delegate or Resident Commissioner to, the House of Representatives. COMMITTEE ORDER NO. 31 Resolved, that effective April 1, 1977, until otherwise provided by order of the Committee on House Administration, each Member, Delegate or Resident Commissioner of the House of Representatives may compensate employees from the clerk-hire allowance at a per annum rate equivalent to, and not to exceed, the highest per annum rate of basic pay, as in effect from time to time, authorized for Level V of the Executive Schedule (5 U.S.C. 5316). TO ACCOMPANY COMMITTEE ORDER NO. 31 This order will tie the maximum annual rate of compensation which may be paid from the clerk-hire allowance to the Executive Schedule, and will reestablish the previously existing parity between the maximum which may be paid a committee employee, and the maximum which may be paid a clerk-hire employee. The Order raises the ceiling from its present level of $39,600 to $47,500, which corresponds to a Level V position, but provides no additional funds to the clerk-hire allowance. If a Member desires to raise an employee's salary, it must be done from the existing allowance. This action is clearly within the Committee's authority under 2 U.S.C. 57 as modified by H.Res. 1372 (P.L. 94-440) (2 U.S.C. 57a), because it sets a 'term or condition' of an allowance, and does not fix or adjust the amount of an allowance, which action would require a vote on the House floor. COMMITTEE ORDER NO. 32 Resolved, That effective October 1, 1977, until otherwise provided by order of the Committee on House Administration, reimbursement for travel by members and employees by privately owned conveyance shall be at the rate of 17 cents per mile for automobile, 15 cents per mile for motorcycle, 36 cents per mile for aircraft, and that such reimbursement shall be made in accordance with rules and regulations established by the Committee on House Administration. COMMITTEE ORDER NO. 33 Resolved, That effective May 1, 1981, until otherwise provided by the Committee on House Administration, the Allowance for Official Expenses and the Inventory Allowance for District Office Equipment and Furnishings are adjusted as follows: 1. The base allowance for Official expenses is increased to $47,300. 2. The Travel Allowance is increased to a base of $4,950, and the multiplier in the formula used to compute the variable for travel is increased to a range of 18 to 30 cents. 3. The Inventory Allowance for District Office Equipment and Furnishing is increased to $35,000. Expenditures of these funds shall be made in accordance with rules and regulations established by the Committee on House Administration. COMMITTEE ORDER NO. 34 Resolved, that effective January 3, 1983, until otherwise provided by the Committee on House Administration, the Allowance for Official Expenses is as follows: 1. The base allowance for Official Expenses is increased to $52,000. 2. The Travel Allowance is increased to a minimum of $5,700, and the multiplier in the formula used to compute the variable for travel is increased to a range of 21 to 35 cents. Expenditures of these funds shall be made in accordance with rules and regulations established by the Committee on House Administration. COMMITTEE ORDER NO. 35 Resolved, That effective May 1, 1983, until otherwise provided by the Committee on House Administration, the Clerk-Hire Allowance and the Official Expenses Allowance are adjusted as follows: 1. The base allowance for Official Expenses is increased by $15,000. 2. Each session a Member may allocate not to exceed $30,000 from the basic Clerk-Hire Allowance which may be used to supplement the Official Expenses Allowance, and may allocate not to exceed $30,000 from the Official Expenses Allowance to supplement the basic Clerk-Hire Allowance, provided however that monthly Clerk-Hire disbursements may not exceed 10 percent of the basic Clerk-Hire Allowance. All disbursements and allocations shall be made in accordance with rules and regulations established by the Committee on House Administration. COMMITTEE ORDER NO. 36 Resolved, That effective January 3, 1984, until otherwise provided by the Committee on House Administration, the Allowance for Official Expenses is adjusted as follows: (1) The Travel Allowance is increased to reflect a cost per mile variable ranging from $.23 to $.39, with a minimum of $6,200. Expenditures of these funds shall be made in accordance with rules and regulations established by the Committee on House Administration. COMMITTEE ORDER NO. 37 Resolved, That effective October 1, 1985, until otherwise provided by order of the Committee on House Administration, each Member is entitled to three FTS lines for use in district office(s) without charge to the official expenses allowance. COMMITTEE ORDER NO. 38 Resolved, That effective August 1, 1985, until otherwise provided by the Committee on House Administration, the Clerk-Hire Allowance and the Official Expenses Allowance are adjusted as follows: Each session a member may allocate not to exceed $40,000 from the basic Clerk-Hire Allowance which may be used to supplement the Official Expenses Allowance, and may allocate not to exceed $40,000 from the Official Expenses Allowance to supplement the basic Clerk-Hire Allowance, provided however that monthly Clerk-Hire disbursements may not exceed 10% of the basic Clerk-Hire Allowance. All disbursements and allocations shall be made in accordance with rules and regulations established by the Committee on House Administration. COMMITTEE ORDER NO. 39 Resolved, that effective March 15, 1990, until otherwise provided by the Committee on House Administration, the Clerk-Hire Allowance and the Official Expenses Allowance are adjusted as follows: Each session a Member may allocate not to exceed $50,000 from the basic Clerk-Hire Allowance which may be used to supplement the Official Expenses Allowance, and may allocate not to exceed $50,000 from the Official Expenses Allowance to supplement the basic Clerk-Hire Allowance, provided however that monthly Clerk-Hire disbursements may not exceed 10% of the basic Clerk-Hire Allowance. All disbursements and allocations shall be made in accordance with rules and regulations established by the Committee on House Administration. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 57a of this title. ------DocID 7026 Document 119 of 1400------ -CITE- 2 USC Sec. 57a -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 57a. Limitation on authority of Committee on House Administration to fix and adjust allowances -STATUTE- (a) Until otherwise provided by law, any allowance specified in subsection (a)(1) of the first section of H. Res. 457, Ninety-second Congress, relating to expenditures of funds from the contingent fund of the House of Representatives for certain allowances to Members, officers, and standing committees of the House (2 U.S.C. 57), adopted July 21, 1971, and enacted as permanent law by the Supplemental Appropriations Act, 1972 (Public Law 92-184; 85 Stat. 627), hereinafter in this section referred to as 'H. Res. 457, Ninety-second Congress', may be fixed or adjusted only through the adoption of a resolution by the House of Representatives, except that the Committee on House Administration may fix or adjust such allowance in any case in which such action by such committee is made necessary by - (1) any change in the price of materials, services, or office space; (2) any technological change or other improvement in electrical or mechanical equipment; or (3) any increase in the cost of living which results in action under the Federal Pay Comparability Act of 1971. (b) Upon the date of the adoption of this section, the authority of the Committee on House Administration under H. Res. 457, Ninety-second Congress, shall be subject to the provisions of this section. -SOURCE- (Pub. L. 94-440, title II, Sec. 101, Oct. 1, 1976, 90 Stat. 1448.) -REFTEXT- REFERENCES IN TEXT Subsection (a)(1) of the first section of H. Res. 457, Ninety-second Congress, referred to in subsec. (a), is classified to section 57(a)(1) of this title. The Federal Pay Comparability Act of 1971, referred to in subsec. (a)(3), probably means the Federal Pay Comparability Act of 1970, Pub. L. 91-656, Jan. 8, 1971, 84 Stat. 1946. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 5, Government Organization and Employees, and Tables. -COD- CODIFICATION Section is based on House Resolution No. 1372, Ninety-fourth Congress, July 1, 1976, which was enacted into permanent law by Pub. L. 94-440. ------DocID 7027 Document 120 of 1400------ -CITE- 2 USC Sec. 58 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 58. Mail, telegraph, telephone, stationery, office supplies, and home State office and travel expenses for Senators -STATUTE- (a) Authorization for payment from Senate contingent fund The contingent fund of the Senate is made available for payment to or on behalf of each Senator, upon certification of the Senator, for the following expenses incurred by the Senator and his staff: (1) telecommunications equipment and services subject to such regulations as may be promulgated by the Committee on Rules and Administration of the Senate; (2)(A) stationery and other office supplies procured for use for official business, and (B) metered charges for use of copying equipment provided by the Sergeant at Arms and Doorkeeper of the Senate; (3)((A) Repealed. Pub. L. 101-520, title I, Sec. 11, Nov. 5, 1990, 104 Stat. 2260) (B) postage on, and fees and charges in connection with official mail matter sent through the mail other than the franking privilege upon certification by the Senate Sergeant at Arms and subject to such regulations as may be promulgated by the Committee on Rules and Administration, and (C) reimbursement to each Senator for costs incurred in the preparation of required official reports, and the acquisition of mailing lists to be used for official purposes, and in the mailing, delivery, or transmitting of matters relating to official business; (4) reimbursement to each Senator for official office expenses incurred (other than for equipment and furniture and expenses described in paragraphs (1) through (3)) for an office in his home State; (5) reimbursements to each Senator for expenses incurred for publications printed or recorded in any way for auditory and visual use (including subscriptions to books, newspapers, magazines, clipping, and other information services); (6) subject to the provisions of subsection (e) of this section, reimbursement of travel expenses incurred by the Senator and employees in his office; (7) reimbursement to each Senator for expenses incurred for additional office equipment and services related thereto (but not including personal services), in accordance with regulations promulgated by the Committee on Rules and Administration of the Senate; (8) reimbursement to each Senator for charges officially incurred for recording and photographic services and products; and (9) reimbursement to each Senator for such other official expenses as the Senator determines to be necessary. Reimbursement to a Senator and his employees under this section shall be made only upon presentation of itemized vouchers for expenses incurred and, in the case of expenses reimbursed under paragraphs (6) and (9), only upon presentation of detailed itemized vouchers for such expenses. Vouchers presented for payment under this section shall be accompanied by such documentation as is required under regulations promulgated by the Committee on Rules and Administration of the Senate. No reimbursement shall be made under paragraph (4) or (9) for any expense incurred for entertainment or meals. (b) Limits for authorized expenses; recalculation formula (1)(A) Except as is otherwise provided in the succeeding paragraphs of this subsection and subject to subparagraph (B) of this paragraph, the total amount of expenses authorized to be paid to or on behalf of a Senator under this section shall not exceed for calendar year 1977 or any calendar year thereafter an amount equal to one-half of the sum of the amounts authorized to be paid under this section on the day before August 5, 1977, to or on behalf of both of the Senators from the State which he represents, increased by an amount equal to twenty percent thereof and rounded to the next higher multiple of $1,000. (B) In the event that the term of office of a Senator begins after the first month of any such calendar year or ends (except by reason of death, resignation, or expulsion) before the last month of any such calendar year, the aggregate amount available to such Senator for such year shall be the aggregate amount computed under paragraph (1) of this subsection, divided by 12, and multiplied by the number of months in such year which are included in the Senator's term of office, counting any fraction of a month as a full month. (2)(A) In the case of the period which commences January 1, 1988, and ends September 30, 1988, the total of - (i) the expenses paid to or on behalf of a Senator under this section for such period, plus (ii) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such period (as determined for purposes of section 61-1(d) of this title), shall not exceed the aggregate of - (iii) subject to subparagraph (B), an amount equal to 75 percent of the amount of the authorized expenses under this section for the calendar year ending December 31, 1987, as determined in the case of a Senator, who represents the State which such Senator represents, whose term of office included all of such calendar year, plus (iv) the amount by which (I) the aggregate of the gross compensation which may be paid to employees in the office of such Senator for the fiscal year ending September 30, 1988, pursuant to the limitations imposed by section 61-1(d) of this title (as determined without regard to paragraph (1)(B) thereof), exceeds (II) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for that part of such fiscal year which precedes January 1, 1988. (B) In the event that the term of office of a Senator begins after the first month of the period which commences January 1, 1988, and ends September 30, 1988, or ends (except by reason of death, resignation, or expulsion) before the last month of such period, the amount computed pursuant to subparagraph (A)(iii) of this paragraph (but before application of this subparagraph) shall be recalculated as follows: such amount, as computed under subparagraph (A)(iii) of this paragraph, shall be divided by 9, and multiplied by the number of months in such period which are included in the Senator's term of office, counting any fraction of a month as a full month. (3)(A) In the case of the fiscal year beginning October 1, 1988, or any fiscal year thereafter, the total of - (i) the expenses paid to or on behalf of a Senator under this section for such fiscal year, plus (ii) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such fiscal year (as determined for purposes of section 61-1(d) of this title), shall not exceed the aggregate of - (iii) subject to subparagraph (B), in case the Senator represents Alabama, $68,000, Alaska, $176,000, Arizona, $81,000, Arkansas, $70,000, California, $122,000, Colorado, $76,000, Connecticut, $57,000, Delaware, $47,000, Florida, $72,000, Georgia, $68,000, Hawaii, $200,000, Idaho, $80,000, Illinois, $91,000, Indiana, $68,000, Iowa, $71,000, Kansas, $71,000, Kentucky, $67,000, Louisiana, $72,000, Maine, $62,000, Maryland, $52,000, Massachusetts, $66,000, Michigan, $76,000, Minnesota, $72,000, Mississippi, $70,000, Missouri, $73,000, Montana, $80,000, Nebraska, $72,000, Nevada, $82,000, New Hampshire, $58,000, New Jersey, $62,000, New Mexico, $77,000, New York, $98,000, North Carolina, $64,000, North Dakota, $71,000, Ohio, $82,000, Oklahoma, $75,000, Oregon, $85,000, Pennsylvania, $81,000, Rhode Island, $56,000, South Carolina, $62,000, South Dakota, $72,000, Tennessee, $68,000, Texas, $102,000, Utah, $80,000, Vermont, $57,000, Virginia, $58,000, Washington, $88,000, West Virginia, $57,000, Wisconsin, $71,000, Wyoming, $75,000, plus (iv) the aggregate of the gross compensation which may be paid to employees in the office of such Senator for such fiscal year, under the limitations imposed by section 61-1(d) of this title, but without regard to the provisions of paragraph (1)(C)(iv) thereof. (B) In the event that the term of office of a Senator begins after the first month of any such fiscal year or ends (except by reason of death, resignation, or expulsion) before the last month of any such fiscal year, the amount referred to in subparagraph (A)(iii) shall be recalculated as follows: such amount, as computed under subparagraph (iii), shall be divided by 12, and multiplied by the number of months in such year which are included in the Senator's term of office, counting any fraction of a month as a full month. (c) Repealed. Pub. L. 97-51, Sec. 122, Oct. 1, 1981, 95 Stat. 965 (d) Repealed. Pub. L. 93-371, Sec. 101(3)(e), Aug. 13, 1974, 88 Stat. 429 (e) Transportation, essential travel-related expenses, and per diem expenses; coverage; limitations; amounts Subject to and in accordance with regulations promulgated by the Committee on Rules and Administration of the Senate, a Senator and the employees in his office shall be reimbursed under this section for travel expenses incurred by the Senator or employee while traveling on official business within the United States. The term 'travel expenses' includes actual transportation expenses, essential travel-related expenses, and, where applicable, per diem expenses (but not in excess of actual expenses). A Senator or an employee of the Senator shall not be reimbursed for any travel expenses (other than actual transportation expenses) for any travel occurring during the sixty days immediately before the date of any primary or general election (whether regular, special, or runoff) in which the Senator is a candidate for public office (within the meaning of section 431(b) (FOOTNOTE 1) of this title, unless his candidacy in such election is uncontested. For purposes of this subsection and subsection (a)(6) of this section, an employee in the Office of the President pro tempore, Deputy President pro tempore, Majority Leader, Minority Leader, Majority Whip, Minority Whip, Secretary of the Conference of the Majority, or Secretary of the Conference of the Minority shall be considered to be an employee in the office of the Senator holding such office. (FOOTNOTE 1) So in original. Probably should be '431(2)'. (f) Omitted (g) Closing of deceased Senator's State offices In the case of the death of any Senator, the chairman of the Committee on Rules and Administration may certify for such deceased Senator for any portion of such sum already obligated but not certified to at the time of such Senator's death, and for any additional amount which may be reasonably needed for the purpose of closing such deceased Senator's State offices, for payment to the person or persons designated as entitled to such payment by such chairman. (h) Individuals serving on panels or other bodies recommending nominees for Federal judgeships, service academies, United States Attorneys, or United States Marshals For purposes of subsections (a) and (e) of this section, an individual who is selected by a Senator to serve on a panel or other body to make recommendations for nominees to one or more Federal judgeships or to one or more service academies or one or more positions of United States Attorney or United States Marshal shall be considered to be an employee in the office of that Senator with respect to travel and official expenses incurred in performing duties as a member of such panel or other body, and shall be reimbursed (A) for actual transportation expenses and per diem expenses (but not exceeding actual travel expenses) incurred while traveling in performing such duties within the Senator's home State or between that State and Washington, District of Columbia, and each of the service academies, (B) for official expenses incurred in performing such duties. For purposes of this subsection and subsection (a) of this section, 'official expenses' means expenses of the type for which reimbursement may be made to an employee in the office of a Senator when traveling on business of a committee of which that Senator is a member, and, for accounting purposes, such expenses shall be treated as expenses for which reimbursement may be made under subsection (a)(4) of this section. (i) Authorization of Secretary of Senate to pay reimbursable expenses Whenever a Senator or an employee in his office has incurred an expense for which reimbursement may be made under this section, the Secretary of the Senate is authorized to make payment to that Senator or employee for the expense incurred, subject to the same terms and conditions as apply to reimbursement of the expense under this section. (j) Advances from Senate contingent fund for travel expenses for official business trips; vouchers; settlement Whenever a Senator or employee of his office plans an official business trip with respect to which reimbursement for travel expenses is authorized under the preceding provisions of section (a), the Senator (or such an employee who has been designated by the Senator to do so) may, prior to the commencement of such trip and in accordance with applicable regulations of the Senate Committee on Rules and Administration, obtain from any moneys in the contingent fund of the Senate which are available to him for purposes specified in subsection (a)(6) of this section, such advance sum as he shall certify (and be accountable for), to the Secretary of the Senate, to be necessary to defray some or all of the expenses to be incurred on such trip which expenses are reimbursable under the preceding provisions of this section. The receipt by any Senator for any sum so advanced to him or his order out of the contingent fund of the Senate by the Secretary of the Senate shall be taken and passed by the accounting officers of the Government as a full and sufficient voucher; but it shall be the duty of such Senator (or employee of his office, as the case may be), as soon as practicable, to furnish to the Secretary of the Senate a detailed voucher of the expenses incurred for the travel with respect to which the sum was so advanced, and make settlement with respect to such sum. -SOURCE- (Pub. L. 92-607, ch. V, Sec. 506(a)-(j), Oct. 31, 1972, 86 Stat. 1505-1507; Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93-371, Sec. 3(e), Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, Sec. 103, July 25, 1975, 89 Stat. 274; Pub. L. 95-94, title I, Sec. 112(a)-(c), Aug. 5, 1977, 91 Stat. 663, 664; Pub. L. 95-240, title II, Sec. 208, Mar. 7, 1978, 92 Stat. 117; Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773; Pub. L. 96-304, title I, Sec. 101, 102(a), 103, 104, July 8, 1980, 94 Stat. 889; Pub. L. 97-19, July 6, 1981, 95 Stat. 103; Pub. L. 97-51, Sec. 122, Oct. 1, 1981, 95 Stat. 965; Pub. L. 97-257, title I, Sec. 104(a), Sept. 10, 1982, 96 Stat. 849; Pub. L. 97-276, Oct. 2, 1982, Sec. 101(e), 96 Stat. 1189; Pub. L. 98-51, title I, Sec. 102, July 14, 1983, 97 Stat. 266; Pub. L. 98-181, title I, Sec. 1204(a), Nov. 30, 1983, 97 Stat. 1290; Pub. L. 99-65, Sec. 1(a), July 12, 1985, 99 Stat. 163; Pub. L. 100-137, Sec. 1(b), Oct. 21, 1987, 101 Stat. 815; Pub. L. 100-458, title I, Sec. 8(a), 13, 14(a), Oct. 1, 1988, 102 Stat. 2162, 2163; Pub. L. 101-163, title I, Sec. 5(a), Nov. 21, 1989, 103 Stat. 1045; Pub. L. 101-520, title I, Sec. 4(c), 8, 9(a), 11, title III, Sec. 311(h)(2), Nov. 5, 1990, 104 Stat. 2258-2260, 2280.) -COD- CODIFICATION Section consists of subsecs. (a) to (j) of section 506 of Pub. L. 92-607, as amended. Original subsecs. (h) and (i) which made certain amendments and repeals to sections of this title that contained the provisions now covered by this section, and subsec. (j) which amended earlier appropriations not classified to the Code, were redesignated as subsecs. (i) to (k) by Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, further redesignated as subsecs. (j) to (l) by Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, and subsequently redesignated as subsecs. (k) to (m) by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189. Subsec. (f) related to a reduction of allowances for fiscal year 1973. The 1982 amendments by Pub. L. 97-276 are based on sections 103 and 106(a) of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, as incorporated by reference in section 101(e) of Pub. L. 97-276, to be effective as if enacted into law. -MISC3- AMENDMENTS 1990 - Subsec. (a)(2). Pub. L. 101-520, Sec. 4(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: 'stationery and other office supplies procured for use for official business;'. Subsec. (a)(3). Pub. L. 101-520, Sec. 311(h)(2), which directed that par. (3) be amended by striking out 'postage on,' and all that follows through 'Senate, and', could not be executed because those words do not appear in par. (3) as amended generally by Pub. L. 101-163 which in part restated provisions directed to be stricken by Pub. L. 101-520, Sec. 311(h)(2), as subpar. (A). See 1990 and 1989 Amendment notes below. Pub. L. 101-520, Sec. 11, struck out subpar. (A) which read as follows: 'postage on, and fees and charges in connection with, mail matter sent through the mail under the franking privilege in excess of amounts provided from the appropriation for official mail costs, upon certification by the Senate Sergeant at Arms and subject to such regulations as may be promulgated by the Committee on Rules and Administration,'. Subsec. (b)(3)(A)(iii). Pub. L. 101-520, Sec. 8, amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: 'subject to subparagraph (B), in case the Senator represents Alabama, $53,000, Alaska, $137,000, Arizona, $63,000, Arkansas, $54,000, California, $95,000, Colorado, $59,000, Connecticut, $44,000, Delaware, $36,000, Florida, $56,000, Georgia, $53,000, Hawaii, $156,000, Idaho, $62,000, Illinois, $71,000, Indiana, $53,000, Iowa, $55,000, Kansas, $55,000, Kentucky, $52,000, Louisiana, $56,000, Maine, $48,000, Maryland, $40,000, Massachusetts, $51,000, Michigan, $59,000, Minnesota, $56,000, Mississippi, $54,000, Missouri, $57,000, Montana, $62,000, Nebraska, $56,000, Nevada, $64,000, New Hampshire, $45,000, New Jersey, $48,000, New Mexico, $60,000, New York, $76,000, North Carolina, $50,000, North Dakota, $55,000, Ohio, $64,000, Oklahoma, $58,000, Oregon, $66,000, Pennsylvania, $63,000, Rhode Island, $43,000, South Carolina, $48,000, South Dakota, $56,000, Tennessee, $53,000, Texas, $79,000, Utah, $62,000, Vermont, $44,000, Virginia, $45,000, Washington, $68,000, West Virginia $44,000, Wisconsin, $55,000, Wyoming, $58,000, plus'. Subsec. (h). Pub. L. 101-520, Sec. 9(a), inserted 'or one or more positions of United States Attorney or United States Marshal' after 'one or more service academies'. 1989 - Subsec. (a)(3). Pub. L. 101-163 amended par. (3) generally. Prior to amendment, par. (3) read as follows: 'postage on, and fees and charges in connection with, mail matter sent through the mail under the franking privilege in excess of amounts provided from the appropriation for official mail costs, upon certification by the Senate Sergeant at Arms and subject to such regulations as may be promulgated by the Committee on Rules and Administration of the Senate, and reimbursement to each Senator for costs incurred in the preparation of required official reports, and the acquisition of mailing lists to be used for official purposes, and in the mailing, delivery, or transmitting of matters relating to official business;'. 1988 - Subsec. (a)(3). Pub. L. 100-458, Sec. 13, inserted 'postage on, and fees and charges in connection with, mail matter sent through the mail under the franking privilege in excess of amounts provided from the appropriation for official mail costs, upon certification by the Senate Sergeant at Arms and subject to such regulations as may be promulgated by the Committee on Rules and Administration of the Senate, and' before 'reimbursement'. Subsec. (a)(9). Pub. L. 100-458, Sec. 8(a), 14(a), made identical amendments, striking out ', but only (A) in the case of expenses for the period commencing January 1, 1988, and ending with the close of September 30, 1988, to the extent that such expenses do not exceed ten percent of the total amount of expenses authorized to be paid to or on behalf of such Senator under this section (excluding any amount so authorized by subsection (b)(2)(A)(iv) of this section), and (B) in the case of expenditures for periods commencing on or after October 1, 1988, to the extent such expenses do not exceed ten percent of the total amount of expenses authorized to be paid to or on behalf of such Senator under this section (excluding any amount so authorized by subsection (b)(3)(A)(iv) of this section for the fiscal year involved)' after 'necessary'. 1987 - Subsec. (a). Pub. L. 100-137, Sec. 1(b)(1), amended subsec. (a) generally, substituting provisions authorizing payments from the Senate contingent fund for former provisions authorizing such payments. Subsec. (b). Pub. L. 100-137, Sec. 1(b)(2), designated existing provisions of par. (1) as subpar. (A) of par. (1), substituted 'Except as is otherwise provided in the succeeding paragraphs of this subsection and subject to subparagraph (B) of this paragraph,' for 'Except as otherwise provided in paragraph (2) of this subsection,', added pars. (2) and (3), and redesignated former par. (2) as subpar. (B) of par. (1). Subsec. (e). Pub. L. 100-137, Sec. 1(b)(4), amended subsection (e) generally, substituting provisions relating to reimbursement for travel expenses incurred by Senators and employees for former provisions relating to reimbursement of those expenses. Subsec. (h). Pub. L. 100-137, Sec. 1(b)(3), struck out '(1)' after '(h)', substituted '(a)(4)' for '(a)(5)', and struck out par. (2) which read as follows: 'The amount of official expenses incurred by individuals selected by a Senator for which reimbursement may be made under this subsection shall not exceed $500 each calendar year, and the total amount of expenses incurred by such individuals for which reimbursement may be made under this subsection shall not exceed $3,000 each calendar year.' Subsec. (j). Pub. L. 100-137, Sec. 1(b)(5), substituted '(a)(6)' for '(a)(8)'. 1985 - Subsec. (a)(6). Pub. L. 99-65 amended par. (6) generally, substituting 'for telephone service charges officially incurred outside Washington, District of Columbia, which are based on the amount of time the service is used' for 'reimbusement to each Senator for telephone service charges officially incurred outside Washington, District of Columbia'. 1983 - Subsec. (e). Pub. L. 98-181 inserted references to Secretary of Conference of Majority and Secretary of Conference of Minority. Pub. L. 98-51 inserted provisions authorizing reimbursement for essential travel-related expenses and defined those expenses for purposes of this subsection. 1982 - Subsec. (b)(1). Pub. L. 97-276 substituted 'equal to twenty percent thereof' for 'equal to ten percent thereof'. See Codification note above. Subsec. (b)(2). Pub. L. 97-257 substituted '(2) In the event that the term of office of a Senator begins after the first month of any such calendar year or ends (except by reason of death, resignation, or expulsion) before the last month of any such calendar year, the aggregate amount available to such Senator for such year shall be the aggregate amount computed under paragraph (1) of this subsection, divided by 12, and multiplied by the number of months in such year which are included in the Senator's term of office, counting any fraction of a month as a full month.' for '(2) In any such calendar year in which a Senator does not hold the office of Senator at least part of each month of that year, the aggregate amount available to the Senator shall be the aggregate amount, computed under paragraph (1) of this subsection, divided by 12, and multiplied by the number of months the Senator holds such office during that year, counting any fraction of a month as a full month.' Subsec. (j). Pub. L. 97-276 added subsec. (j). See Codification note above. 1981 - Subsec. (a)(9). Pub. L. 97-19 inserted provisions which authorized reimbursement out of contingent fund of Senate to each Senator for expenses for additional office equipment. Subsec. (c). Pub. L. 97-51 struck out subsec. (c) which provided that aggregate of payments made to or on behalf of a Senator under this section not exceed at any time during each calendar year one-twelfth of the amount computed under subsection (b)(1) of this section multiplied by the number of months (counting a fraction of a month as a month) elapsing from the first month in that calendar year in which the Senator held the office of Senator through the date of payment. 1980 - Subsec. (a)(3). Pub. L. 96-304, Sec. 103, substituted 'costs incurred in the mailing or delivery of' for 'air mail and special delivery postage for expenses incurred in the mailing of postal'. Subsec. (e). Pub. L. 96-304, Sec. 102(a), substituted 'prescribed by the Committee on Rules and Administration' for 'in effect under section 5702 of title 5 for employees of agencies'. Subsec. (h)(1). Pub. L. 96-304, Sec. 104, substituted 'to an employee in the office of a Senator when traveling on business of a committee of which that Senator is a member' for 'under subsection (a)(9) when such expenses are incurred by or on behalf of a Senator'. Subsec. (i). Pub. L. 96-304, Sec. 101, added subsec. (i). 1978 - Subsec. (e). Pub. L. 95-240 inserted reference to President pro tempore and Deputy President pro tempore. Subsec. (h). Pub. L. 95-391 added subsec. (h). 1977 - Subsec. (a). Pub. L. 95-94, Sec. 112(a), in par. (1) struck out provision requiring authorization by the Committee on Rules and Administration in the manner prescribed by such Committee, in par. (7) struck out 'and' at end thereof, in par. (8) substituted provisions requiring reimbursement of travel expenses incurred by the Senator and employees in his office subject to the provisions of subsec. (e) of this section, for provisions authorizing reimbursement of actual travel expenses incurred by the Senator in travel-on official business between Washington, D.C. and the State he represents and within such State, and travel expenses incurred by employees in the Senator's office subject to the provisions of subsec. (e) of this section, added par. (9), and in text following par. (9) inserted provisions relating to reimbursement of expenses incurred under par. (9). Subsec. (b)(1). Pub. L. 95-94, Sec. 112(b), substituted provisions setting forth criteria for determination of total amount of expenses authorized to be paid to or on behalf of a Senator under this section for calendar year 1977 or any calendar year thereafter, for provisions setting forth criteria for determination of total amount of expenses authorized to be paid to or on behalf of a Senator under this section for calendar year 1973 or any calendar year thereafter. Subsec. (e). Pub. L. 95-94, Sec. 112(c), substituted provisions setting forth prerequisites, conditions, and amounts of reimbursement for actual transportation expenses and per diem expenses, but not exceeding actual travel expenses, incurred by a Senator or employee in his office while traveling on official business within the United States, for provisions setting forth prerequisites, conditions, and amounts of reimbursement for per diem and actual transportation expenses incurred, or actual travel expenses incurred, by an employee in a Senator's office, including employees authorized by Senate Resolution 60, 94th Congress, and former section 72a-1c of this title, for round trips made by the employee on official business by the nearest usual route between Washington, D.C. and the home State of the Senator involved, and in traveling within the State. 1975 - Subsec. (a)(8). Pub. L. 94-59, Sec. 103(1), substituted 'travel expenses incurred by employees' for 'actual transportation expenses incurred by employees'. Subsec. (e). Pub. L. 94-59, Sec. 103(2), inserted new administrative provisions covering the payment of travel expenses of employees in Senators' offices for round trips between Washington, D.C., and the Senators' home States, inserted references to Senate Resolution 60, 94th Congress, agreed to June 12, 1975, and to sections 68b and 72a-1c of this title, and inserted limiting provisions prohibiting reimbursement for travel during the 60-day period immediately preceding any election in which the Senator is a candidate. 1974 - Subsec. (a)(4). Pub. L. 93-371 struck out par. (4) which related to rental charges for office space at not more than three places designated by the Senator in the State he represents. See section 59 of this title. Subsec. (c). Pub. L. 93-371 struck out provisions setting forth the maximum allowable amount for rental payments for office space occupied by the Senator in State he represents. See section 59 of this title. Subsec. (d). Pub. L. 93-371 struck out subsec. (d) which authorized the Sergeant at Arms to secure for each Senator home State office space at not more than three places designated by the Senator in such home State. See section 59 of this title. 1973 - Subsec. (a)(7). Pub. L. 93-145 inserted 'newspapers,' after 'subscriptions to'. EFFECTIVE DATE OF 1990 AMENDMENT Section 4(d) of Pub. L. 101-520 provided that: 'The provisions of subsections (a) and (b) (enacting section 58a-4 of this title), and the amendment made by subsection (c) (amending this section) shall take effect on October 1, 1990.' Section 8 of Pub. L. 101-520 provided that the amendment made by that section is effective in the case of any fiscal year which begins on or after October 1, 1990. Section 9(b) of Pub. L. 101-520 provided that: 'The amendment made by subsection (a) (amending this section) shall be effective in the case of expenses incurred after September 30, 1989.' Amendment by section 311(h)(2) of Pub. L. 101-520 applicable with respect to sessions of Congress beginning with the first session of the One Hundred Second Congress, see section 59e(i) of this title. EFFECTIVE DATE OF 1988 AMENDMENT Sections 8(b) and 14(b) of Pub. L. 100-458 provided that: 'The amendment made by subsection (a) (amending this section) shall be effective only in the case of expenses incurred on or after October 1, 1988.' EFFECTIVE DATE OF 1987 AMENDMENT Section 1(b)(1)-(5) of Pub. L. 100-137 provided that the amendments made by that section are effective Jan. 1, 1988. EFFECTIVE DATE OF 1985 AMENDMENT Section 2 of Pub. L. 99-65 provided that: 'The amendments made by this Act (amending this section and section 58a of this title) shall take effect on the first day of the first calendar month which begins more than sixty days after the date of enactment of this Act (July 12, 1985).' EFFECTIVE DATE OF 1983 AMENDMENT Section 1204(b) of Pub. L. 98-181 provided that: 'The amendment made by subsection (a) (amending this section) shall be effective in the case of expenses incurred or charges imposed on or after October 1, 1983.' EFFECTIVE DATE OF 1982 AMENDMENTS Section 103(b) of S. 2939, as reported Sept. 22, 1982, and enacted into permanent law by section 101(e) of Pub. L. 97-276 provided that: 'The amendment made by subsection (a) (amending this section) shall be effective with respect to calendar years after the calendar year 1982.' Section 106(b) of S. 2939, as reported Sept. 22, 1982, and enacted into permanent law by section 101(e) of Pub. L. 97-276 provided that: 'The amendments made by subsection (a) of this section (amending this section) shall take effect January 1, 1983.' Section 104(b) of Pub. L. 97-257 provided that: 'The amendment made by subsection (a) of this section (amending this section) shall be effective on and after January 1, 1982.' EFFECTIVE DATE OF 1981 AMENDMENT Section 122 of Pub. L. 97-51 provided that the amendment made by that section is effective Jan. 1, 1982. EFFECTIVE DATE OF 1980 AMENDMENT Section 101 of Pub. L. 96-304 provided that the amendment made by that section is effective Oct. 1, 1979. Section 103 of Pub. L. 96-304 provided that the amendment made by that section is effective Feb. 1, 1980. Section 104 of Pub. L. 96-304 provided that the amendment made by that section is effective Jan. 1, 1980. EFFECTIVE DATE OF 1978 AMENDMENTS Section 108(b) of Pub. L. 95-391 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect on January 1, 1978.' Section 208 of Pub. L. 95-240 provided that the amendment made by that section is effective Aug. 5, 1977. EFFECTIVE DATE OF 1977 AMENDMENT Section 112(f) of Pub. L. 95-94 provided that: 'The amendments made by subsections (a), (c), (d), and (e) (amending this section and sections 59 and 68b of this title) shall take effect on the date of the enactment of this Act (Aug. 5, 1977). The amendment made by subsection (b) (amending this section) shall take effect as of January 1, 1977.' EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-371 effective on and after July 1, 1974, see section 59(g) of this title. EFFECTIVE DATE OF 1973 AMENDMENT Section 101 of Pub. L. 93-145 provided that the amendment made by that section is effective Jan. 1, 1973. PAYMENT TO UNITED STATES POSTAL SERVICE FOR POSTAGE, FEES, AND CHARGES Section 5(b) of Pub. L. 101-163 provided that: 'Receipts paid to the Sergeant at Arms from sales of postage on, and fees and charges in connection with mail matter sent through the mail by Senators, Senate committees, or other Senate offices (including joint committees and commissions funded from the contingent fund of the Senate), other than under the franking privilege, as cash or check payments directly from such Senators, committees, or offices, or as reimbursement from the Financial Clerk of the Senate pursuant to certification by the Sergeant at Arms of charges to be made to such funds available to such Senators, committees, or offices for such postage, fees and charges shall be used by the Sergeant at Arms for payment to the United States Postal Service for such postage, fees, and charges.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 43d, 61-1, 68b of this title. ------DocID 7028 Document 121 of 1400------ -CITE- 2 USC Sec. 58a -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 58a. Telecommunications services for Senators; payment of costs out of contingent fund -STATUTE- The Sergeant at Arms and Doorkeeper of the Senate shall furnish each Senator local and long-distance telecommunications services in Washington, District of Columbia, and in such Senator's State in accordance with regulations prescribed by the Senate Committee on Rules and Administration; and the costs of such service shall be paid out of the contingent fund of the Senate from moneys made available to him for that purpose. -SOURCE- (Pub. L. 98-181, title I, Sec. 1205(a), Nov. 30, 1983, 97 Stat. 1290; Pub. L. 99-65, Sec. 1(b), July 12, 1985, 99 Stat. 163; Pub. L. 99-439, Oct. 2, 1986, 100 Stat. 1085.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1984. -MISC3- PRIOR PROVISIONS A prior section 58a, Pub. L. 95-94, title I, Sec. 112(g), Aug. 5, 1977, 91 Stat. 665, which directed the Sergeant at Arms and Doorkeeper of the 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 the contingent fund of the Senate, was repealed by section 1205(b) of Pub. L. 98-181, effective the first day of the first calendar month which begins more than thirty days after Nov. 30, 1983. AMENDMENTS 1986 - Pub. L. 99-439 struck out '(except services for which the charge is based on the amount of time the service is used)' after 'Senator's State'. 1985 - Pub. L. 99-65 inserted 'and in such Senator's State (except services for which the charge is based on the amount of time the service is used)'. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-65 effective on first day of first calendar month beginning more than 60 days after July 12, 1985, see section 2 of Pub. L. 99-65, set out as a note under section 58 of this title. ------DocID 7029 Document 122 of 1400------ -CITE- 2 USC Sec. 58a-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 58a-1. Payment for telecommunications equipment and services; definitions -STATUTE- As used in sections 58a-1 to 58a-3 of this title, the term - (1) 'Sergeant at Arms' means the Sergeant at Arms and Doorkeeper of the United States Senate; and (2) 'user' means any Senator, Officer of the Senate, Committee, office, or entity provided telephone equipment and services by the Sergeant at Arms. -SOURCE- (Pub. L. 100-123, Sec. 1, Oct. 5, 1987, 101 Stat. 794.) -MISC1- EFFECTIVE DATE Section 4 of Pub. L. 100-123 provided that: 'This Act (enacting this section and sections 58a-2 and 58a-3 of this title) shall take effect on October 1, 1987.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 58a-2, 58a-3 of this title. ------DocID 6918 Document 123 of 1400------ -CITE- 2 USC Sec. 2c -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 2c. Number of Congressional Districts; number of Representatives from each District -STATUTE- 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). -SOURCE- (Pub. L. 90-196, Dec. 14, 1967, 81 Stat. 581.) ------DocID 7031 Document 124 of 1400------ -CITE- 2 USC Sec. 58a-3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 58a-3. Report on telecommunications to Committee on Rules and Administration -STATUTE- The Sergeant at Arms shall report to the Committee on Rules and Administration of the Senate, at such time or times, and in such form and manner, as the Committee may direct, on expenditures made, and revenues received, pursuant to sections 58a-1 to 58a-3 of this title. It shall be the function of the Sergeant at Arms to advise the Committee, as soon as possible, of any dispute regarding payments to and from such Appropriation Account as related to the line item for Telecommunications, including any amounts due and unpaid by any user, if any such dispute has remained unresolved for a period of at least 60 days. -SOURCE- (Pub. L. 100-123, Sec. 3, Oct. 5, 1987, 101 Stat. 795.) -MISC1- EFFECTIVE DATE Section effective Oct. 1, 1987, see section 4 of Pub. L. 100-123, set out as a note under section 58a-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 58a-1, 58a-2 of this title. ------DocID 7032 Document 125 of 1400------ -CITE- 2 USC Sec. 58a-4 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 58a-4. Metered charges on copiers; 'Sergeant at Arms' and 'user' defined; certification of services and equipment as official; deposit of payments; availability for expenditure -STATUTE- (a) As used in this section, the term - (1) 'Sergeant at Arms' means the Sergeant at Arms and Doorkeeper of the United States Senate; and (2) 'user' means any Senator, Officer of the Senate, Committee, office, or entity provided copiers by the Sergeant at Arms. (b)(1) Subject to such regulations as may on and after November 5, 1990, be issued by the Committee on Rules and Administration of the Senate, the Sergeant at Arms shall have the authority, with respect to metered charges on copying equipment provided by the Sergeant at Arms, solely for the purposes of this section, to make such certification as may be necessary to establish such services and equipment as official, issue invoices in conjunction therewith, and receive payment for such services and equipment by certification, voucher, or otherwise. (2) All moneys, derived from the payment of metered charges on copying equipment provided from funds from the Appropriation Account within the contingent fund of the Senate for 'Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate' under the line item for the Service Department, shall be deposited in and made a part of such Appropriation Account and under such line item, and shall be available for expenditure or obligation, or both, in like manner and subject to the same limitations as any other moneys in such account and under such line item. -SOURCE- (Pub. L. 101-520, title I, Sec. 4(a), (b), Nov. 5, 1990, 104 Stat. 2257.) -REFTEXT- REFERENCES IN TEXT This section, referred to in text, means section 4 of Pub. L. 101-520, which enacted this section, amended section 58 of this title, and enacted provisions set out as a note under section 58 of this title. -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991. -MISC3- EFFECTIVE DATE Section effective Oct. 1, 1990, see section 4(d) of Pub. L. 101-520, set out as an Effective Date of 1990 Amendment note under section 58 of this title. ------DocID 7033 Document 126 of 1400------ -CITE- 2 USC Sec. 58b -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 58b. Repealed. Pub. L. 100-137, Sec. 2, Oct. 21, 1987, 101 Stat. 819 -MISC1- Section, Pub. L. 97-12, title I, Sec. 110, June 5, 1981, 95 Stat. 62; Pub. L. 97-51, Sec. 125, Oct. 1, 1981, 95 Stat. 965; Pub. L. 98-367, title I, Sec. 11(a), July 17, 1984, 98 Stat. 476; Pub. L. 99-349, title I, Sec. 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 58c of this title. EFFECTIVE DATE OF REPEAL Section 2 of Pub. L. 100-137 provided that the repeal is effective Jan. 1, 1988. ------DocID 7034 Document 127 of 1400------ -CITE- 2 USC Sec. 58c -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 58c. Senators' Official Personnel and Office Expense Account -STATUTE- (1) Effective January 1, 1988, there shall be, within the contingent fund of the Senate, a separate appropriation account to be known as the 'Senators' Official Personnel and Office Expense Account' (hereinafter in this section referred to as the 'Senators' Account'). (2) The Senators' Account shall be used for the funding of all items, activities, and expenses which, immediately prior to January 1, 1988, were funded under either (A) the Senate appropriation account for 'Administrative, Clerical, and Legislative Assistance Allowance to Senators' (hereinafter in this section referred to as the 'Senators' Clerk Hire Allowance Account') under the headings 'SENATE' and 'Salaries, Officers and Employees', or (B) that part of the account, within the contingent fund of the Senate, for 'Miscellaneous Items' (hereinafter in this section referred to as the 'Senators' Official Office Expense Account') which is available for allocation to Senatorial Official Office Expense Accounts. In addition, the Senators' Account shall be used for the funding of agency contributions payable with respect to compensation payable by such account, but moneys appropriated to such account for this purpose shall not be available for any other purpose. The account, which in clause (A) of the first sentence of this paragraph is identified as the 'Senators' Clerk Hire Allowance Account' and the account, which in clause (B) of such sentence is identified as the 'Senators' Official Office Expense Account' shall, when referred to in other law, rule, regulation, or order (whether referred to by such name or any other) shall on and after January 1, 1988, be deemed to refer to the 'Senators' Official Personnel and Office Expense Account'. (3)(A) Effective on January 1, 1988, there shall be transferred to the Senators' Account from the Senators' Clerk Hire Allowance Account all funds therein which were available for expenditure or obligation during the fiscal year ending September 30, 1988, and from the Senators' Official Office Expense Account so much of the funds therein as was available for expenditure or obligation for the period commencing January 1, 1988, and ending September 30, 1988; except that the Senators' Official Office Expense Account shall remain in being solely for the purpose of being available to pay for any authorized item, activity, or expense, for which funds therein had been obligated, but not paid, prior to such transfer. (B) Any of the funds transferred to the Senators' Account from the Senators' Clerk Hire Allowance Account pursuant to subparagraph (A) which, prior to such transfer, had been obligated, but not expended, for any authorized item, activity, or expense, shall be available to pay for such item, activity, or expense in like manner as if such transfer had not been made. (4) On January 1, 1988, there shall be transferred to the Senators' Account, from the appropriation account for 'Agency Contributions', under the headings 'SENATE' and 'Salaries, Officers and Employees', so much of the moneys in such account as was appropriated for the purpose of making agency contributions for administrative, clerical, and legislative assistance to Senators with respect to compensation payable for the period commencing January 1, 1988, and ending September 30, 1988; and the moneys so transferred shall be available only for the payment of such agency contributions with respect to such compensation. (5) Vouchers shall not be required for the disbursement, from the Senators' Account, of salaries of employees in the office of a Senator. -SOURCE- (Pub. L. 100-137, Sec. 1(a), Oct. 21, 1987, 101 Stat. 814.) -REFTEXT- REFERENCES IN TEXT This section, referred to in pars. (1) and (2), means section 1 of Pub. L. 100-137, Oct. 21, 1987, 101 Stat. 814, which enacted this section, amended sections 58 and 61-1 of this title, and enacted provisions set out as notes under sections 58 and 61-1 of this title. ------DocID 7035 Document 128 of 1400------ -CITE- 2 USC Sec. 58c-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 58c-1. Transfer of funds by Members of Senate from Senate Official Mail Costs Account to Senator's Official Personnel and Office Expense Account; writing respecting transfer to Financial Clerk of Senate; available amount and uses -STATUTE- Each Member of the Senate may, subject to the approval of the Committee on Appropriations of the Senate and the Committee on Rules and Administration of the Senate, during the fiscal year ending September 30, 1991, and each fiscal year thereafter, at his or her election, transfer a sum not to exceed the lesser of $100,000 or 50 percent of the amount allocated to such Member for mass mail by the Senate Committee on Rules and Administration from the Senate Official Mail Costs account, within the contingent fund of the Senate, to the Senator's Official Personnel and Office Expense Account, within the contingent fund of the Senate. Any transfer of funds under authority of the preceding sentence shall be made at such time or times as such Member shall specify in writing to the Financial Clerk of the Senate. Any funds so transferred by the Member shall be available for the expenditure by such Member in a like manner and for the same purposes as are other moneys which are available for expenditure by such Member from the Senators' Official Personnel and Office Expense Account. -SOURCE- (Pub. L. 101-520, title I, Sec. 12, Nov. 5, 1990, 104 Stat. 2260.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991. ------DocID 7036 Document 129 of 1400------ -CITE- 2 USC Sec. 59 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 59. Home State office space for Senators; lease of office space -STATUTE- (a) Procurement by Sergeant at Arms of Senate in places designated by Senator; places subject to use; lease of office space (1) The Sergeant at Arms of the Senate shall secure for each Senator office space suitable for the Senator's official use in places designated by the Senator in the State he represents. That space shall be secured in post offices or other Federal buildings at such places. In the event suitable office space is not available in post offices or other Federal buildings, the Sergeant at Arms shall secure other office space in those places. (2) The Senator may lease, on behalf of the United States Senate, the office space so secured for a term not extending beyond the term of office which he is serving on the first day of such lease, except that, in the case of a Senator whose term of office is expiring and who has been elected for another term, such lease may extend until the end of the term for which he has been so elected. Each such lease shall contain a provision permitting its cancellation upon sixty days written notice by the Sergeant at Arms and Doorkeeper of the Senate, in the event of the death or resignation of the Senator. A copy of each such lease shall be furnished to the Sergeant at Arms. Nothing in this paragraph shall be construed to require the Sergeant at Arms to enter into or execute any lease for or on behalf of a Senator. (b) Maximum amount of aggregate square feet for each Senator The aggregate square feet of office space secured for Senator shall not at any time exceed - (1) 4,800 square feet if the population of his State is less than 2,000,000; (2) 5,000 square feet if such population is 2,000,000 but less than 3,000,000; (3) 5,200 square feet if such population is 3,000,000 but less than 4,000,000; (4) 5,400 square feet if such population is 4,000,000 but less than 5,000,000; (5) 5,800 square feet if such population is 5,000,000 but less than 7,000,000; (6) 6,200 square feet if such population is 7,000,000 but less than 9,000,000; (7) 6,400 square feet if such population is 9,000,000 but less than 10,000,000; (8) 6,600 square feet if such population is 10,000,000 but less than 11,000,000; (9) 6,800 square feet if such population is 11,000,000 but less than 12,000,000; (10) 7,000 square feet if such population is 12,000,000 but less than 13,000,000; (11) 7,400 square feet if such population is 13,000,000 but less than 15,000,000; (12) 7,800 square feet if such population is 15,000,000 but less than 17,000,000; or (13) 8,000 square feet if such population is 17,000,000 or more. (c) Maximum annual rental rate; maximum aggregate amount for acquisition of furniture, equipment, and other office furnishings (1) The maximum annual rate that may be paid for the rental of an office secured for a Senator not in a post office or other Federal building shall not exceed the highest rate per square foot charged Federal agencies on the first day of the lease of such office by the Administrator of General Services, based upon a 100 percent building quality rating, for office space located in the place in which the Senator's office is located, multiplied by the number of square feet contained in that office used by the Senator and his employees to perform their duties. (2) The aggregate amount that may be paid for the acquisition of furniture, equipment, and other office furnishings heretofore provided by the Administrator of General Services for one or more offices secured for the Senator is $30,000 if the aggregate square feet of office space is not in excess of 4,800 square feet. Such amount is increased by $734 for each authorized additional incremental increase in office space of 200 square feet. (d) Senators subject to maximum amount of aggregate square feet and maximum annual rental rate (1) Notwithstanding subsection (b) of this section, the aggregate square feet of office space secured for a Senator who is a Senator on July 1, 1974, shall not at any time exceed, as long as he continuously serves as a Senator, the greater of - (A) the applicable square footage limitation of such subsection; or (B) the total square footage of those offices that the Senator has on such date and which are continuously maintained in the same buildings in which such offices were located on such date. (2) The provisions of subsection (c) of this section do not apply to any office that a Senator has on July 1, 1974, not in a post office or other Federal building, as long as - (A) that Senator continuously serves as a Senator; and (B) that office is maintained in the same building in which it was located on such date and contains not more than the same number of square feet it contained in such date. (e) Omitted (f) Mobile office (1) Subject to the provisions of paragraphs (2), (3), (4), and (5), a Senator may lease one mobile office for use only in the State he represents and shall be reimbursed from the contingent fund of the Senate for the rental payments made under such lease together with the actual nonpersonnel cost of operating such mobile office. The term of any such lease shall not exceed one year. A copy of each such lease shall be furnished to the Sergeant at Arms of the Senate. (2) The maximum aggregate annual rental payments and operating costs (except furniture, equipment, and furnishings) that may be reimbursed to a Senator under paragraph (1) shall not at any time exceed an amount determined by multiplying (A) the highest applicable rate per square foot charged Federal agencies by the Administrator of General Services in the State which that Senator represents, based upon a 100 percent building quality rating, by (B) the maximum aggregate square feet of office space to which that Senator is entitled under subsection (b) of this section reduced by the number of square feet contained in offices secured for that Senator under subsection (a) of this section and used by that Senator and his employees to perform their duties. (3) No reimbursement shall be made under paragraph (1) for rental payments and operating costs of a mobile office of a Senator unless the following provisions are included in its lease: (A) Liability insurance in the amount of $1,000,000 shall be provided with respect to the operation and use of such mobile office. (B) The following inscription shall be clearly visible on three sides of such mobile office in letters not less than four inches high: 'Mobile Office of Senator (name of Senator) 'FOR OFFICIAL OFFICE USE ONLY'. (4) No reimbursement shall be made under paragraph (1) for rental payments and operating costs of a mobile office of a Senator which are attributable to or incurred during the 60-day period ending with the date of any primary or general election (whether regular, special, or runoff) in which that Senator is a candidate for public office, unless his candidacy in such election is uncontested. (5) Reimbursement under paragraph (1) shall be made on a monthly basis and shall be paid upon vouchers approved by the Sergeant at Arms of the Senate. (g) Effective date This section is effective on and after July 1, 1974. -SOURCE- (Pub. L. 93-371, Sec. 3, Aug. 13, 1974, 88 Stat. 428; Pub. L. 94-32, title I, Sec. 4, June 12, 1975, 89 Stat. 183; Pub. L. 94-59, title I, Sec. 106(a), 107, July 25, 1975, 89 Stat. 276; Pub. L. 95-26, title I, Sec. 105, May 4, 1977, 91 Stat. 83; Pub. L. 95-94, title I, Sec. 112(d), Aug. 5, 1977, 91 Stat. 664; Pub. L. 96-304, title I, Sec. 109, July 8, 1980, 94 Stat. 890; Pub. L. 99-88, title I, Sec. 194, Aug. 15, 1985, 99 Stat. 349.) -COD- CODIFICATION Subsec. (e) amended section 58 of this title. -MISC3- AMENDMENTS 1985 - Subsec. (c)(2). Pub. L. 99-88 substituted '$30,000' for '$22,550' and '$734' for '$550'. 1980 - Subsec. (a)(2). Pub. L. 96-304, Sec. 109(1), substituted provision limiting term of a lease of office space to a term not extending beyond the term of office which Senator is serving on first day of such lease, except in case of a Senator whose term is expiring and who has been elected to another term, to end of term for which he has been so elected, for provision limiting term of a lease of office space to a term of not to exceed one year and inserted provision requiring each lease to contain a provision permitting cancellation upon sixty days written notification by Sergeant at Arms and Doorkeeper of Senate, in event of death or resignation of Senator. Subsec. (c). Pub. L. 96-304, Sec. 109(2), substituted 'shall not exceed the highest rate per square foot charged Federal agencies on the first day of the lease of such office' for 'shall not at any time exceed the applicable rate per square foot charged Federal agencies'. 1977 - Subsec. (c)(2). Pub. L. 95-94 substituted '$22,550' for '$20,500' and '$550' for '$500'. Subsec. (f)(5). Pub. L. 95-26 substituted 'monthly' for 'quarterly'. 1975 - Subsec. (a). Pub. L. 94-59, Sec. 107, designated existing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 94-59, Sec. 106(a), designated existing provisions as par. (1) and added par. (2). Subsecs. (f), (g). Pub. L. 94-32 added subsec. (f) and redesignated former subsec. (f) as (g). EFFECTIVE DATE OF 1980 AMENDMENT Section 109 of Pub. L. 96-304 provided that the amendment made by that section is effective Jan. 1, 1980. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-94 effective Aug. 5, 1977, see section 112(f) of Pub. L. 95-94, set out as a note under section 58 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Section 106(b) of Pub. L. 94-59 provided that: 'The amendment made by subsection (a) of this section (amending this section) is effective on and after July 1, 1975.' ------DocID 7037 Document 130 of 1400------ -CITE- 2 USC Sec. 59a -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 59a. Repealed. Pub. L. 101-163, title I, Sec. 103(b), Nov. 21, 1989, 103 Stat. 1050 -MISC1- Section, Pub. L. 93-462, Sec. 1, Oct. 20, 1974, 88 Stat. 1388, related to purchase of office equipment or furnishings by House Members. 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 117e of this title. ------DocID 7038 Document 131 of 1400------ -CITE- 2 USC Sec. 59b -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 59b. Purchase of office equipment or furnishings by Senators -STATUTE- (a) Authorization; conditions Notwithstanding any other provision of law, a United States Senator may purchase, upon leaving office or otherwise ceasing to be a Senator (except by expulsion), any item or items of office equipment or office furnishings provided by the General Services Administration and then currently located and in use in an office of such Senator in the State then represented by such Senator. (b) Request by Senator and arrangement for purchase by Sergeant at Arms of Senate; regulations governing purchase; price At the request of any United States Senator, the Sergeant at Arms of the Senate shall arrange for and make the purchase of equipment and furnishings under subsection (a) of this section on behalf of such Senator. Each such purchase shall be - (1) in accordance with regulations which shall be prescribed by the Committee on Rules and Administration of the Senate, after consultation with the General Services Administration; and (2) at a price equal to the acquisition cost to the Federal Government of the equipment or furnishings so purchased, less allowance for depreciation determined under such regulations, but in no instance less than the fair market value of such items. (c) Remittance of amounts received to General Services Administration; disposition Amounts received by the Federal Government from the sale of items of office equipment or office furnishings under this section shall be remitted to the General Services Administration and credited to the appropriate account or accounts. -SOURCE- (Pub. L. 93-462, Sec. 2, Oct. 20, 1974, 88 Stat. 1388.) ------DocID 7039 Document 132 of 1400------ -CITE- 2 USC Sec. 59c -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 59c. Transferred -COD- CODIFICATION Section, Pub. L. 95-94, title I, Sec. 103, Aug. 5, 1977, 91 Stat. 660; Pub. L. 97-51, Sec. 118, Oct. 1, 1981, 95 Stat. 964, 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. ------DocID 7040 Document 133 of 1400------ -CITE- 2 USC Sec. 59d -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 59d. Transportation of official records and papers to House Member's district -STATUTE- (a) Payment of reasonable expenses from contingent fund of House; rules and regulations Effective August 16, 1978, notwithstanding any provision of law and until otherwise provided by law, the contingent fund of the House shall be available to pay the reasonable expenses of sending or transporting the official records and papers of any Member of the House of Representatives from the District of Columbia to any location designated by such Member in the district represented by the Member. The Clerk of the House of Representatives is authorized and directed to provide for the most economical means of sending or transporting such documents to insure the orderly and timely delivery to the specified location. The Committee on House Administration shall have the authority to issue rules and regulations to carry out the provisions of this section. (b) 'Member' and 'official records and papers' defined As used in this section - (1) the term 'Member' means a Representative, a Resident Commissioner in the House, and a Delegate to the House; and (2) the term 'official records and papers' means books, records, papers, and official files which could be sent as franked mail. -SOURCE- (Pub. L. 98-51, title I, Sec. 111(1), July 14, 1983, 97 Stat. 269.) -COD- CODIFICATION In subsec. (a), 'August 16, 1978' substituted for 'upon the date of adoption of this resolution' meaning the date of adoption of House Resolution No. 1297, which was agreed to Aug. 16, 1978. Section is based on House Resolution No. 1297, Ninety-fifth Congress, Aug. 16, 1978, which was enacted into permanent law by Pub. L. 98-51. Sections 1 and 2 of House Resolution No. 1297 were redesignated subsecs. (a) and (b) of this section, respectively, for purposes of codification. ------DocID 7041 Document 134 of 1400------ -CITE- 2 USC Sec. 59e -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 59e. Official mail of persons entitled to use congressional frank -STATUTE- (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 Administration of the House of Representatives, as applicable. Such regulations shall require - (1) individual accountability for use of official mail by each person entitled to use the congressional frank; (2)(A) with respect to the House of Representatives, allocation of funds for official mail to be made to each such person with respect to each session of Congress (with no transfer to any other session or to any other such person); and (B) with respect to the Senate, allocation of funds for official mail to be made to each such person with respect to each session of Congress (with no transfer to any other session, other than transfers from the first session of a Congress to the second session of that Congress, or to any other such person); and (3) with respect to the House of Representatives, that in addition to any other report or information made available to the public (through the House Commission on Congressional Mailing Standards or otherwise) regarding the use of the frank, the Clerk 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 Administration of the House of Representatives and the House Commission on Congressional Mailing Standards) of costs charged against the Official Mail Allowance for 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 Administration 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) of this section as to the percentage of the allocation that has been used; and (3) may not carry or deliver official mail the cost of which is in excess of an allocation under subsection (a)(2) of this section. (c) Source of funds for expenses of official mail Expenses of official mail of the Senate and the House of Representatives may be paid only from funds specifically appropriated for that purpose and funds so appropriated - (1) may be supplemented by other appropriated funds only if such supplementation is provided for by law or by regulation under subsection (a) of this section; and (2) may not be supplemented by funds from any other source, public or private. (d) Maintenance or use of unofficial office accounts or defrayal of official expenses from certain funds prohibited No Senator or Member of the House of Representatives may maintain or use, directly or indirectly, an unofficial office account or defray official expenses from - (1) funds received from a political committee or derived from a contribution or expenditure (as such terms are defined in section 431 of this title); (2) funds received as reimbursement for expenses incurred by the Senator or Member in connection with personal services provided by the Senator or Member to the person making the reimbursement; or (3) any other funds that are not specifically appropriated for official expenses. (e) Official Mail Allowance in House of Representatives (1) 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 - (A) by the Committee on House Administration of the House of Representatives, with respect to allocation and expenditures relating to the Allowance; and (B) by the House Commission on Congressional Mailing Standards, with respect to matters under section 3210(a)(6)(D) of title 39. (2) The Official Mail Allowance - (A) shall be available only for postage for franked mail sent at a first class, third class, or fourth class rate; (B) 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; (C) 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) of this section 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); and (D) 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. (3)(A) Subject to subparagraph (B), each Member of the House of Representatives may transfer amounts from the Official Expenses Allowance and the Clerk Hire 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. (4) The Official Expenses 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. (f) Mass mailing; submission of samples or description of proposed mail matter; advisory opinion A Member of the House of Representatives shall, before making any mass mailing, submit a sample or description of the mail matter involved to the House Commission on Congressional Mailing Standards for an advisory opinion as to whether such proposed mailing is in compliance with applicable provisions of law, rule, or regulation. (g) 'Member of the House of Representatives' and 'person entitled to use the congressional frank' defined As used in subsections (a) through (f) of this section - (1) the term 'Member of the House of Representatives' means a Representative in, or a Delegate or Resident Commissioner to, the Congress; and (2) the term 'person entitled to use the congressional frank' means a Senator, Member of the House of Representatives, or other person authorized to use the frank under section 3210(b) of title 39. (h) Omitted (i) Effective date This section and the amendments made by this section shall apply with respect to sessions of Congress beginning with the first session of the One Hundred Second Congress, except that, with respect to the Senate, subsection (d) of this section shall apply with respect to sessions of Congress beginning with the second session of the One Hundred Second Congress, 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. -SOURCE- (Pub. L. 101-520, title III, Sec. 311, Nov. 5, 1990, 104 Stat. 2278.) -REFTEXT- 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 58 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. -COD- CODIFICATION 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. ------DocID 7042 Document 135 of 1400------ -CITE- 2 USC Sec. 59f -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 59f. Mass mailings by Senate offices; quarterly statements; publication of summary tabulations -STATUTE- 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. -SOURCE- (Pub. L. 101-520, title III, Sec. 318, Nov. 5, 1990, 104 Stat. 2283.) -COD- CODIFICATION Section is from the Legislative Branch Appropriations Act, 1991. ------DocID 7043 Document 136 of 1400------ -CITE- 2 USC Sec. 59g -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 59g. Mass mailing of information by Senators under frank; quarterly registration with Secretary of Senate -STATUTE- 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. -SOURCE- (Pub. L. 101-520, title III, Sec. 320, Nov. 5, 1990, 104 Stat. 2285.) -COD- CODIFICATION Section is from the Legislative Branch Appropriations Act, 1991. ------DocID 7044 Document 137 of 1400------ -CITE- 2 USC CHAPTER 4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- CHAPTER 4 - OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES -MISC1- Sec. 60. Repealed. 60-1. Authority of officers of Congress over Congressional employees. (a) Qualifications determinations; removal and discipline. (b) 'Officer of the Congress' defined. 60-2. Amendment to Senate conflict of interest rule. 60a. Omitted. 60a-1. Senate pay adjustments; action by President pro tempore of Senate. 60a-1a. Rates of compensation paid by Secretary of Senate; applicability of Senate pay adjustments by President pro tempore of Senate. 60a-1b. Senate pay adjustments; action by President pro tempore of Senate. 60a-2. House of Representatives pay adjustments; action by Clerk of House. 60a-2a. Rates of compensation disbursed by Clerk of House; adjustments by Speaker; 'Member of the House of Representatives' defined. 60b, 60c. Omitted. 60c-1. Vice President, Senators, officers, and employees paid by Secretary of Senate; payment of salary; advance payment. 60c-2. Repealed. 60c-2a. Banking and financial transactions of Secretary of Senate. (a) Reimbursement of banks for costs of clearing items for Senate. (b) Check cashing regulations for Disbursing Office of Senate. (c) Amounts withheld from disbursements for employee indebtedness. 60c-3. Withholding and remittance of State income tax by Secretary of Senate. (a) Agreement by Secretary with appropriate State official; covered individuals. (b) Number of remittances authorized. (c) Requests by individuals of Secretary for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations. (d) Time or times of agreements by Secretary. (e) Provisions as not imposing duty, burden, requirement or penalty on United States, Senate, or any officer or employee of United States; effect of filing paper, form, or document with Secretary. (f) 'State' defined. 60c-4. Withholding of charitable contributions from salaries paid by Secretary of Senate and from employees of Architect of Capitol. (a) Definitions. (b) Notice; deduction and transmission. (c) Time of withholding and transmission. (d) Amount. (e) Provisions as not imposing duty, burden, requirement or penalty on United States, Senate, or any officer or employee of United States; effect of filing paper. (f) Rules and regulations. 60d. Officers and employees paid by Clerk of House; payment of December salary. 60e. Payment of salary for months other than December by Clerk of House to officers and employees. 60e-1. Payment of salaries in or under House when payday falls on Saturday. 60e-1a. Withholding of State income tax by Clerk and Sergeant at Arms of House. (a) Agreement with proper State officials; covered individuals. (b) Number of remittances authorized. (c) Acceptance or disapproval of proposed agreement by Committee on House Administration. (d) Number and effective date of requests for withholding; change of designated State; revocation of request. (e) Provisions as not imposing duty, burden, requirement or penalty on United States, House, or any officer or employee of United States; effect of filing paper, form, or document with Clerk or Sergeant at Arms. 60e-1b. State income tax withholding; definitions. 60e-1c. Withholding of charitable contributions by Clerk of House. (a) Authority. (b) Time of fundraising activities. (c) Minimum amounts withheld. (d) Duty, burden, or requirement not imposed. 60e-1d. Withholding of charitable contributions; definitions. 60e-2. Omitted. 60e-2a. Exemption of officers and employees of Architect of Capitol from certain Federal pay provisions. 60e-2b. Overtime compensation for certain employees of Architect of Capitol. 60e-3 to 60g-1. Omitted or Repealed. 60g-2. Lyndon Baines Johnson congressional interns. (a) Hiring authority of House Members, Delegates, and Resident Commissioners; allowance for payment of compensation. (b) Certification of intern status; filing. (c) Regulations by Committee on House Administration. 60h, 60i. Omitted or Repealed. 60j. Longevity compensation. (a) Eligible employees. (b) Rate of compensation; limitation on increases; computation of service; effective date of payment. 60j-1. Capitol Police longevity compensation. 60j-2. Longevity compensation for telephone operators on United States telephone exchange and members of Capitol Police paid by Clerk of House. 60j-3. Repealed. 60j-4. Longevity compensation not applicable to individuals paid by Secretary of Senate; savings provision. 60k. Application of rights and protections of Fair Labor Standards Act of 1938 to Congressional and Architect of Capitol employees. (a) House employees. (b) Architect of Capitol employees. 61. Limit on rate of compensation of Senate officers and employees. 61-1. Gross rate of compensation of employees paid by Secretary of Senate. (a) Annual rate; certification. (b) Conversion; increase in compensation. (c) Reference in other provisions to basic rates and additional compensation as reference to per annum gross rate. (d) Compensation of employees in office of Senator; limitation; titles of positions. (e) Gross rate of compensation of employee of committee of Senate employed by joint committee, select committee, or standing committee. (f) General limitation. (g) Conversion of compensation of Capitol telephone exchange operators and Capitol Police paid by Clerk of House. 61-1a. Availability of appropriated funds for payment to an individual of pay from more than one position; conditions. 61-1b. Availability of appropriations during first three months of any fiscal year for aggregate of payments of gross compensation made to employees from Senate appropriation account for 'Salaries, Officers and Employees'. 61-2. Omitted. 61a. Compensation of Secretary of Senate. 61a-1, 61a-2. Omitted. 61a-3. Compensation of Assistant Secretary of Senate. 61a-4 to 61a-8. Repealed or Omitted. 61a-9. Advancement by Secretary of Senate of travel funds to employees under his jurisdiction for Federal Election Campaign Act travel expenses. 61a-9a. Travel expenses of Secretary of Senate; advancement of travel funds to designated employees. 61a-10. Omitted. 61a-11. Abolition of statutory positions in Office of Secretary of Senate; Secretary's authority to establish and fix compensation for positions. 61b. Compensation of Parliamentarian of Senate. 61b-1 to 61b-2. Omitted. 61b-3. Professional archivist; Secretary's authority to obtain services from General Services Administration. 61c. Omitted. 61c-1. Adjustment of rate of compensation by Secretary of Senate. 61c-2. Compensation of Assistants to Majority and Minority in Office of Secretary of Senate. 61d. Compensation of Chaplain of Senate. 61d-1. Compensation of employees of Chaplain of Senate. 61d-2. Postage allowance for Chaplain of Senate. 61e. Compensation of Sergeant at Arms and Doorkeeper of Senate. 61e-1. Compensation of Deputy Sergeant at Arms and Doorkeeper of Senate. 61e-2. Compensation of Administrative Assistant to Sergeant at Arms and Doorkeeper of Senate. 61e-3. Deputy Sergeant at Arms and Doorkeeper to act on death, resignation, disability, or absence of Sergeant at Arms and Doorkeeper of Senate. 61e-4. Designation by Sergeant at Arms and Doorkeeper of Senate of persons to approve vouchers for payment of moneys. 61f, 61f-1. Omitted. 61f-1a. Travel expenses of Sergeant at Arms and Doorkeeper of Senate. 61f-2 to 61f-6. Omitted. 61f-7. Abolition of statutory positions in Office of Sergeant at Arms and Doorkeeper of Senate; authority to establish and fix compensation for positions. 61f-8. Use by Sergeant at Arms and Doorkeeper of Senate of individual consultants or organizations, and department and agency personnel. 61f-9. Employment of personnel by Sergeant at Arms and Doorkeeper of Senate at daily rates of compensation; authorization; limitation on amount of compensation. 61g. Compensation of Secretaries for Senate Majority and Minority. 61g-1 to 61g-3. Omitted. 61g-4. Appointment and compensation of employees by Secretary of Conference of Majority of Senate and Secretary of Conference of Minority of Senate. 61g-5. Appointment and compensation of employees by Secretaries of Senate Majority and Minority; gross compensation. 61g-6. Payment of expenses of Conference of Majority and Conference of Minority from Senate contingent fund. 61g-6a. Salaries for Conference of Majority and Conference of Minority of Senate; transfer of funds from appropriation account. 61g-7. Services of consultants to Majority and Minority Conference Committee of Senate. (a) Authorization of expenditure with approval of Committee on Rules and Administration. (b) Procurement by contract or employment. (c) Selection of consultant or organization by Conference Committee chairman. 61g-8. Utilization of funds for specialized training of professional staff for Majority and Minority Conference Committee of Senate. 61h to 61h-3. Omitted. 61h-4. Appointment of employees by Senate Majority and Minority Leaders; compensation. 61h-5. Assistants to Senate Majority and Minority Leaders for Floor Operations; establishment of positions; appointment; compensation. 61h-6. Appointment of consultants by President pro tempore, Majority Leader, Minority Leader, and Secretary of Senate; compensation. 61h-7. Chiefs of Staff for Senate Majority and Minority Leaders; appointment; compensation. 61i to 61j-1. Omitted. 61j-2. Compensation and appointment of employees by Senate Majority and Minority Whips. 61k. Appointment and compensation of employees by President pro tempore of Senate. 61l. Appointment and compensation of Administrative Assistant, Legislative Assistant, and Executive Secretary for Deputy President pro tempore of Senate. 62. Limitation on compensation of Sergeant at Arms and Doorkeeper of Senate. 62a, 62b. Omitted or Transferred. 63. Duties of Doorkeeper of Senate. 64. Omitted. 64-1. Employees of Senate Disbursing Office; designation by Secretary of Senate to administer oaths and affirmations. 64-2. Transfers of funds by Secretary of Senate; approval of Committee on Appropriations. 64-3. Reimbursement for Capitol Police salaries paid by Senate for service at Federal Law Enforcement Training Center. 64a. Death, resignation, or disability of Secretary and Assistant Secretary of Senate; Financial Clerk deemed successor as disbursing officer. 64a-1. Compensation of Financial Clerk of Senate. 64b. Death, resignation, or disability of Secretary of Senate; Assistant Secretary of Senate to act as Secretary; written designation of absent status. 65. Repealed. 65a. Insurance of office funds of Secretary of Senate and Sergeant at Arms; payment of premiums. 65b. Advances to Sergeant at Arms of Senate for extraordinary expenses. 65c. Expense allowance for Secretary of Senate, Sergeant at Arms and Doorkeeper of Senate, and Secretaries for Senate Majority and Minority. 65d. Funds advanced by Secretary of Senate to Sergeant at Arms and Doorkeeper of Senate to defray office expenses; accountability; maximum amount; vouchers. 65e. Transferred. 65f. Funds for Secretary of Senate to assist in proper discharge within United States of responsibilities to foreign parliamentary groups or other foreign officials. 66. Repealed. 66a. Restriction on payment of dual compensation by Secretary of Senate. 67. Clerks to Senators-elect. 67a. Employment of civilian employees of executive branch of Government by Senate Committee on Appropriations; restoration to former position. 68. Payments from Senate contingent fund. 68-1. Committee on Rules and Administration; designation of employees to approve vouchers for payments from Senate contingent fund. 68-2. Appropriations for contingent expenses of Senate; restrictions. 68-3. Separate accounts for 'Secretary of the Senate' and for 'Sergeant at Arms and Doorkeeper of the Senate'; establishment within Senate contingent fund; inclusion of funds in existing accounts. 68-4. Deposit of moneys for credit to account within Senate contingent fund for 'Sergeant at Arms and Doorkeeper of the Senate'. 68-5. Purchase, lease, exchange, maintenance, and operation of vehicles out of account for Sergeant at Arms and Doorkeeper of Senate within contingent fund of Senate; authorization of appropriations. 68-6. Transfers from appropriations account for expenses of Office of Secretary of Senate and Office of Sergeant at Arms and Doorkeeper of Senate. 68-6a. Transfers from appropriations account for expenses of Office of Sergeant at Arms and Doorkeeper of Senate. 68-7. Senate Office of Public Records Revolving Fund. (a) Establishment. (b) Source of moneys for deposit in Fund; availability of moneys in Fund. (c) Vouchers. (d) Regulations. (e) Transfer of moneys into Fund. 68a. Materials, supplies, and fuel payments from Senate contingent fund. 68b. Per diem and subsistence expenses from Senate contingent fund. 68c. Computation of compensation for stenographic assistance of committees payable from Senate contingent fund. 68d. Liquidation from appropriations of any unpaid obligations chargeable to rescinded unexpended balances of funds. 69. Expenses of committees payable from Senate contingent fund. 69a. Orientation seminars, etc., for new Senators, Senate officials, or members of staffs of Senators or Senate officials; payment of expenses. 70 to 72. Omitted. 72a. Committee staffs. (a) Appointment of professional members; number; qualifications; termination of employment. (b) Professional members for Committee on Appropriations; examinations of executive agencies' operation. (c) Clerical employees; appointment; number; duties; termination of employment. (d) Recordation of committee hearings, data, etc.; access to records. (e) Repealed. (f) Limitations on appointment of professional members. (g) Appointments when no vacancy exists; payment from Senate contingent fund. (h) Salary rates, assignment of facilities, and accessibility of committee records for minority staff appointees. (i) Consultants for Senate and House standing committees; procurement of temporary or intermittent services; contracts; advertisement requirements inapplicable; selection method; qualifications report to Congressional committees. (j) Specialized training for professional staffs of Senate and House standing committees, Senate Appropriations Committee, Senate Majority and Minority Policy Committees, and joint committees whose funding is disbursed by Secretary of Senate or Clerk of House; assistance: pay, tuition, etc. while training; continued employment agreement; service credit: retirement, life insurance and health insurance. 72a-1, 72a-1a. Repealed. 72a-1b. Approval of employment and compensation of committee employees by House standing committees. 72a-1c, 72a-1d. Repealed. 72a-1e. Assistance to Senators with committee memberships by employees in office of Senator. (1) Designation. (2) Certification; professional staff privileges. (3) Termination. 72a-1f. Designation by Senator who is Chairman or Vice Chairman of Senate Select Committee on Ethics of employee in office of that Senator to perform part-time service for Committee; amount reimbursable; procedure applicable. 72a-1g. Referral of ethics violations by Senate Ethics Committee to General Accounting Office for investigation. 72a-2 to 72a-4. Omitted or Repealed. 72b. Regulations governing availability of appropriations for House committee employees. 72b-1. Omitted. 72c. House committee reports on employed personnel; period covered; publication. 73, 74. Omitted. 74-1. Personal services in office of Speaker; payments from House contingent fund. 74-2. Omitted. 74a. Employment of administrative assistants for Speaker and House majority and minority leaders; compensation; appropriations. 74a-1. Omitted. 74a-2. Per annum rate of compensation of Chief of Staff of Joint Committee on Taxation. 74a-3. Additional employees in offices of House minority leader, majority whip, and chief majority whip; authorization; compensation. 74a-4. Additional amounts for personnel and equipment for House majority and minority leaders and majority and minority whips. 74a-5. Limits on uses of funds provided under section 74a-4. 74b. Employment of additional administrative assistants. 74c. Compensation of certain House minority employees. 75. Repealed. 75-1. Compensation of Clerk of House. 75a. Death, resignation, etc., of Clerk of House; accounts and payments; liability of Clerk for acts and defaults of disbursing clerk. 75a-1. Temporary appointments in case of vacancies or incapacity of House officers; compensation. (a) Temporary appointments in case of vacancy or incapacity in office of Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain of House. (b) Duties of temporary appointees. (c) Compensation of temporary appointee. 75b to 75e. Omitted. 76. Duties of Doorkeeper of House. 76-1. Compensation of Doorkeeper of House. 76a, 76b. Omitted. 77. Sergeant at Arms of House; additional compensation. 77a. Compensation of Sergeant at Arms. 78. Duties of Sergeant at Arms. 79. Symbol of office of Sergeant at Arms. 80. Disbursement of compensation of House Members by Sergeant at Arms. 80a. Deductions by Sergeant at Arms in disbursement of gratuity appropriations. 81. Repealed. 81a. Audits and reports of fiscal records of Sergeant at Arms. 81b. Payment from House contingent fund for restoration or adjustment of trust fund account of Sergeant at Arms. 81c. Insurance of office funds of Sergeant at Arms; payment of premiums. 82. Repealed. 83. Tenure of office of Sergeant at Arms. 84. Statement of disbursements by Sergeant at Arms. 84-1. Compensation of Postmaster of House. 84-2. Compensation of Chaplain of House. 84-3, 84-4. Omitted. 84a. Reporters for House of Representatives. 84a-1. Official Reporter of Debates or Official Reporter to Committees; adjustment of compensation. 84b. Disposition of receipts from sales of copies of transcripts. 85. Performance of duties by employees of House. 86. Division of salaries of employees of House. 87. Requiring or permitting employees of House to sublet duties. 88. Omitted. 88a. Education of Congressional and Supreme Court pages; appropriations; attendance at private or parochial schools. 88b. Education of other minors who are Congressional employees. 88b-1. Congressional pages. (a) Appointment conditions. (b) Qualifications. 88b-2. House of Representatives Page Board; establishment and purpose. 88b-3. Membership of Page Board. (a) Appointed and designated members. (b) 'Member of the House' defined. 88b-4. Regulations of Page Board. 88b-5. Page residence hall and page meal plan. (a) Revolving fund; establishment within House contingent fund. (b) Deposits in revolving fund; disbursements by Clerk of House. (c) 'Clerk' defined. (d) Regulations. 88b-6. Charges for lodging, meals, and related services furnished Senate pages in page residence hall; withholding from salary. 88c. Repealed. 88c-1. Educational services and related items for pages; payment authority pursuant to contract, etc., by Page Board. 88c-2. Academic year and summer term for page program. 88c-3. Service of page during academic year and summer term; filling of vacancies; eligibility. 88c-4. Definitions. 89. Certificates to pay rolls of employees of House. 89a. Certification of indebtedness of employees of House; withholding of amount. 90. Removal from office of employees of House. 91. Inquiry by Committee on House Administration. 92. Payment of appropriations for clerk hire for Members of House. 92-1. Clerk hire allowance payments; place of performance of services. 92a. Pay of clerical assistants as affected by death of Senator or Representative. 92b. Pay of clerical assistants as affected by death or resignation of Member of House. 92b-1. Termination of service of Members of House. 92b-2. Authority to prescribe regulations. 92b-3. Vouchers. 92c. Performance of duties by clerical assistants of dead or resigned Member of House. 92d. 'Member of House' defined. 92e to 94. Repealed or Omitted. 95. Payments from House contingent fund. 95a. Appropriations for contingent expenses of House; restrictions. 96. Payment of certain bills from moneys of House. 97. Temporary committee on accounts of House. 98, 99. Omitted. 100. Contracts for packing boxes for House. 101. Subletting duties of employees of Senate or House. 102. Omitted. 102a. Withdrawal of unexpended balances of appropriations. 103, 104. Omitted. 104a. Semiannual statements of expenditures by Secretary of Senate and Clerk of House. 105. Preparation and contents of statement of appropriations. 106. Stationery for Senate and House; advertisements for. 107. Opening bids for Senate and House stationery; awarding contracts. 108. Contracts for separate parts of Senate and House stationery. 109. American goods to be preferred in purchases for Senate and House. 110. Purchase of paper, envelopes, etc., for stationery rooms of Senate and House. 111. Purchase of supplies for Senate and House. 111a. Receipts from sales of items by Sergeant at Arms and Doorkeeper of Senate, to Senators, etc., to be credited to appropriation from which purchased. 111b. Contracts to furnish property, supplies, or services to Congress; terms varying from those offered other entities of Federal Government. 112. Purchases of stationery and materials for folding. 112a to 112d. Repealed. 112e. Electrical and mechanical office equipment for House Members, officers, and committees. (a) Authority of Clerk. (b) Registration and ownership. (c) Payment. (d) Rules and regulations. 113. Detailed reports of receipts and expenditures by Secretary of Senate and Clerk of House. 114. Fees for copies from Senate and House Journals. 115. Index to House daily calendar. 116. Repealed. 117. Sale of waste paper and condemned furniture. 117a. Omitted. 117b. Disposal of used or surplus furniture and equipment by Sergeant at Arms and Doorkeeper of Senate; procedure; deposit of receipts. 117b-1. Receipts from sale of used or surplus furniture and furnishings of Senate. 117c. Disposal of used or surplus automobiles and trucks by Sergeant at Arms and Doorkeeper of Senate; procedure; deposit of receipts. 117d. Reimbursements to Sergeant at Arms and Doorkeeper of Senate for equipment provided to Senators, etc., which has been lost, stolen, damaged, or otherwise unaccounted for; deposit of receipts. 117e. Disposal of used or surplus furniture and equipment by Clerk of House; procedure; deposit of receipts. 117f. Commissions and charges for public telephone or telecommunications services; deposit of receipts. (a) Authority of Clerk to receive commissions for providing public telephone service in House occupied areas. (b) Authority of Clerk to receive legislative branch charges for provision of telephone or telecommunications services; exception. (c) Deposit of receipts; availability for expenditure. 118. Actions against officers for official acts. 118a. Officers of Senate. 119. Stationery rooms of House and Senate; specification of classes of articles purchasable. 119a, 120. Repealed or Omitted. 121. Senate restaurant deficit fund; deposit of proceeds from surcharge on orders. 121a. Senate Barber and Beauty Shops Revolving Fund. (a) Establishment. (b) Deposit of moneys received; disbursements for equipment, supplies, and expenses. (c) Deposit as miscellaneous receipts of excess moneys in fund. (d) Disbursements upon vouchers. (e) Regulations. 121b. Senate Beauty Shop. (a) Employment and compensation of personnel. (b) Omitted. (c) Creditable civilian service in Senate Building Beauty Shop for basic annuity. (d) Creditable civilian service in Senate Building Beauty Shop for survivor annuities and disability benefits. (e) Certification concerning creditable service; acceptance by Office of Personnel Management. (f) Effective date. 121c. Office of Senate Health Promotion. (a) Establishment. (b) Fees, assessments, and charges. (c) Senate Health Promotion Revolving Fund. (d) Vouchers. (e) Inapplicability of provisions prohibiting sales, advertisements, or solicitations in Capitol grounds. (f) Regulations. 122. Repealed. 122a. Reimbursement of House Members for office expenses outside District of Columbia. 122b. Leasing of office space in home districts of House Members. 122c. Determination of disbursable annual amount. 122d. Authorization by Committee on House Administration. 122e. Office equipment, carpeting, and draperies. 122f. Rules and regulations. 122g. Definitions. 123, 123a. Repealed or Omitted. 123b. House Recording Studio; Senate Recording Studio and Senate Photographic Studio. (a) Establishment. (b) Assistance in making disk, film, and tape recordings; exclusiveness of use. (c) Operation of studios. (d) Prices of disk, film, and tape recordings; collection of moneys. (e) Restrictions on expenditures. (f) Appointment of Director and other employees of House Recording Studio. (g) Revolving funds. (h) Deposits in funds; availability of funds. (i) Distribution of equity of Joint Senate and House Recording Facility Revolving Fund; assignment of existing studio facilities, equipment, materials and supplies; transfer of accounts; reserve fund; distribution of balance. (j) Availability of existing services and facilities. (k) Restrictions on employment. (l) Abolition of Joint Recording Facility positions and salaries. (m) Repeals. (n) Repealed. (o) Authorization of appropriations. 123b-1. Senate Recording Studio and Senate Photographic Studio as successors to Senate Recording and Photographic Studios; rules, regulations, and fees for photographs and photographic services. 123c. Data processing equipment, software, and services. 123c-1. Advance payments for computer programing services. 123d. Senate Computer Center. (a) Senate Computer Center Revolving Fund. (b) Contracts for use of Senate computer; approval; terms. (c) Additional personnel. (d) Disbursements. 124. Arrangements for attendance at funeral of deceased House Members; payment of funeral expenses and expenses of attending funeral rites. 125. Gratuities for survivors of deceased House employees; computation. 125a. Death gratuity payments as gifts. 126, 126-1. Repealed or Omitted. 126-2. Designation of reporters. 126a. Omitted. 126b. Substitute reporters of debates and expert transcribers; temporary reporters of debates and expert transcribers; payments from Senate contingent fund. 127. Repealed. 127a. Reimbursement of transportation expenses for employees in office of House Member. 128 to 130. Repealed. 130-1. Participation by House in interparliamentary institutions; reception of members of foreign legislative bodies and foreign officials; meetings with Government officials. 130a. Nonpay status for Congressional employees studying under Congressional staff fellowships. 130b. Jury and witness service by Senate and House employees. (a) Definitions. (b) Service as juror or witness in connection with a judicial proceeding; prohibition against reduction of pay. (c) Official duty. (d) Prohibition on receipt of jury or witness fees. (e) Travel expenses. (f) Rules and regulations. (g) Congressional consent not conferred for production of official records or to testimony concerning activities related to employment. 130c. Waiver by Secretary of Senate of claims of United States arising out of erroneous payments to Vice President, Senator, or Senate employee paid by Secretary of Senate. (a) Waiver of claim for erroneous payment of pay or allowances. (b) Prohibition of waiver. (c) Credit for waiver. (d) Effect of waiver. (e) Construction with other laws. (f) Rules and regulations. 130d. Waiver by Speaker of House of claims of United States arising out of erroneous payments to officers or employees paid by Clerk of House. (a) Waiver of claim for erroneous payment of pay or allowances. (b) Investigation and report. (c) Prohibition of waiver. (d) Credit for waiver. (e) Effect of waiver. (f) Construction with other laws. (g) Rules and regulations. 130e. Special Services Office. ------DocID 7045 Document 138 of 1400------ -CITE- 2 USC Sec. 60 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60. Repealed. June 20, 1929, ch. 33, Sec. 6, 46 Stat. 39 -MISC1- Section, acts May 24, 1924, ch. 183, Sec. 1, 43 Stat. 146; May 29, 1928, ch. 853, Sec. 1, 45 Stat. 885, related to rates of pay for various officers and employees of Government. See notes set out under section 60a-1 and section 60c-1 et seq. of this title. ------DocID 7046 Document 139 of 1400------ -CITE- 2 USC Sec. 60-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60-1. Authority of officers of Congress over Congressional employees -STATUTE- (a) Qualifications determinations; removal and discipline Each officer of the Congress having responsibility for the supervision of employees, including employees appointed upon recommendation of Members of Congress, shall have authority - (1) to determine, before the appointment of any individual as an employee under the supervision of that officer of the Congress, whether that individual possesses the qualifications necessary for the satisfactory performance of the duties and responsibilities to be assigned to him; and (2) to remove or otherwise discipline any employee under his supervision. (b) 'Officer of the Congress' defined As used in this section, the term 'officer of the Congress' means - (1) an elected officer of the Senate or House of Representatives who is not a Member of the Senate or House; and (2) The Architect of the Capitol. -SOURCE- (Pub. L. 91-510, title IV, Sec. 431, Oct. 26, 1970, 84 Stat. 1190.) -MISC1- 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 72a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 212a-2. ------DocID 6919 Document 140 of 1400------ -CITE- 2 USC Sec. 3, 4 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 3, 4. Omitted -COD- CODIFICATION Section 3, act Aug. 8, 1911, ch. 5, Sec. 3, 37 Stat. 14, which related to election by districts, expired by its own limitation upon enactment of Reapportionment Act of June 18, 1929, ch. 28, Sec. 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. Brown, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131). Section 4, act Aug. 8, 1911, ch. 5, Sec. 4, 37 Stat. 14, which related to additional Representatives at large, expired by its own limitation upon enactment of Reapportionment Act of June 18, 1929, ch. 28, Sec. 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. Brown, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131). ------DocID 7048 Document 141 of 1400------ -CITE- 2 USC Sec. 60a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60a. Omitted -COD- 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, Sec. 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, Sec. 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, Sec. 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, Sec. 101, 105, 60 Stat. 387, 407. July 23, 1946, ch. 591, title I, 60 Stat. 600. Aug. 2, 1946, ch. 753, title II, Sec. 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, Sec. 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, Sec. 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, Sec. 101, 104, 57 Stat. 220, 239. 1942 - June 8, 1942, ch. 396, Sec. 1, 4, 56 Stat. 330, 349. 1941 - Mar. 1, 1941, ch. 9, 55 Stat. 14. July 1, 1941, ch. 268, Sec. 1, 4, 55 Stat. 446, 465. 1940 - June 18, 1940, ch. 396, Sec. 1, 4, 54 Stat. 462, 480. Oct. 9, 1940, ch. 780, title I, 54 Stat. 1030. 1939 - June 16, 1939, ch. 208, Sec. 1, 4, 53 Stat. 822, 839. July 25, 1939, ch. 352, Sec. 2, 53 Stat. 1080. 1938 - May 17, 1938, ch. 236, Sec. 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, Sec. 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, Sec. 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, Sec. 105, 63 Stat. 230. -MISC3- LEGISLATIVE BRANCH APPROPRIATION ACTS The following acts have provided for funds for the operation of Congress: Nov. 5, 1990, Pub. L. 101-520, title I, 104 Stat. 2254. Nov. 21, 1989, Pub. L. 101-163, title I, 103 Stat. 1041. Oct. 1, 1988, Pub. L. 100-458, title I, 102 Stat. 2158. Dec. 22, 1987, Pub. L. 100-202, Sec. 101(i) (title I), 101 Stat. 1329-290. Oct. 18, 1986, Pub. L. 99-500, Sec. 101(j), 100 Stat. 1783-287, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(j), 100 Stat. 3341-287. Nov. 13, 1985, Pub. L. 99-151, title I, 99 Stat. 792. July 17, 1984, Pub. L. 98-367, title I, 98 Stat. 472. July 14, 1983, Pub. L. 98-51, title I, 97 Stat. 263. Oct. 2, 1982, Pub. L. 97-276, Sec. 101(e), 96 Stat. 1189. Oct. 1, 1981, Pub. L. 97-51, Sec. 101(c), 95 Stat. 959. Dec. 16, 1980, Pub. L. 96-536, Sec. 101(c), (d), 94 Stat. 3167. Oct. 1, 1980, Pub. L. 96-369, Sec. 101(c), (d), 94 Stat. 1352, 1353. Oct. 12, 1979, Pub. L. 96-86, Sec. 101(c), 93 Stat. 657. Sept. 30, 1978, Pub. L. 95-391, title I, 92 Stat. 763. Aug. 5, 1977, Pub. L. 95-94, title I, 91 Stat. 653. Oct. 1, 1976, Pub. L. 94-440, title I, 90 Stat. 1439. July 25, 1975, Pub. L. 94-59, title I, 89 Stat. 269. Aug. 13, 1974, Pub. L. 93-371, 88 Stat. 424. Nov. 1, 1973, Pub. L. 93-145, 87 Stat. 527. July 10, 1972, Pub. L. 92-342, 86 Stat. 432. July 9, 1971, Pub. L. 92-51, 85 Stat. 125. Aug. 18, 1970, Pub. L. 91-382, 84 Stat. 807. Dec. 12, 1969, Pub. L. 91-145, 83 Stat. 339. July 23, 1968, Pub. L. 90-417, 82 Stat. 398. July 28, 1967, Pub. L. 90-57, 81 Stat. 127. Aug. 27, 1966, Pub. L. 89-545, 80 Stat. 354. July 27, 1965, Pub. L. 89-90, 79 Stat. 265. Aug. 20, 1964, Pub. L. 88-454, 78 Stat. 535. Dec. 30, 1963, Pub. L. 88-248, 77 Stat. 803. Oct. 2, 1962, Pub. L. 87-730, 76 Stat. 680. Aug. 10, 1961, Pub. L. 87-130, 75 Stat. 320. July 12, 1960, Pub. L. 86-628, 74 Stat. 446. Aug. 21, 1959, Pub. L. 86-176, 73 Stat. 398. July 31, 1958, Pub. L. 85-570, 72 Stat. 439. July 1, 1957, Pub. L. 85-75, 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, Sec. 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 72a of this title. ------DocID 7049 Document 142 of 1400------ -CITE- 2 USC Sec. 60a-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60a-1. Senate pay adjustments; action by President pro tempore of Senate -STATUTE- (a) Each time the President adjusts the rates of pay of employees under section 5303 of title 5 the President pro tempore of the Senate shall, as he considers appropriate - (1)(A) adjust the rates of pay of personnel whose pay is disbursed by the Secretary of the Senate, and any minimum or maximum rate applicable to any such personnel; or (B) in the case of such personnel whose rates of pay are fixed by or pursuant to law at specific rates, adjust such rates (including the adjustment of such specific rates to maximum pay rates) and, in the case of all other personnel whose pay is disbursed by the Secretary of the Senate, adjust only the minimum or maximum rates applicable to such other personnel; and (2) adjust any limitation or allowance applicable to such personnel; by percentages which are equal or equivalent, insofar as practicable and with such exceptions as may be necessary to provide for appropriate pay relationships between positions, to the percentages of the adjustments made by the President under such section 5303 for corresponding rates of pay for employees subject to the General Schedule contained in section 5332 of such title and adjust the rates of such personnel by such amounts as necessary to restore the same pay relationships that existed on December 31, 1986, between personnel and Senators and between positions. Such rates, limitations, and allowances adjusted by the President pro tempore shall become effective on the first day of the month in which any adjustment becomes effective under such section 5303 or section 3(c) of this Act. (b) The adjustments made by the President pro tempore shall be made in such manner as he considers advisable and shall have the force and effect of law. (c) Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action. (d) No rate of pay shall be adjusted under the provisions of this section to an amount in excess of the rate of basic pay for level III of the Executive Schedule contained in section 5314 of title 5, except in cases in which it is necessary to restore and maintain the same pay relationships that existed on December 31, 1986, between personnel and Senators and between positions. (e) For purposes of this section, the term 'personnel' does not include any Senator. -SOURCE- (Pub. L. 91-656, Sec. 4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92-298, Sec. 3(a), May 17, 1972, 86 Stat. 146; Pub. L. 92-392, Sec. 14(a), Aug. 19, 1972, 86 Stat. 575; Pub. L. 94-82, title II, Sec. 204(d), Aug. 9, 1975, 89 Stat. 422; Pub. L. 100-202, Sec. 101(i) (title III, Sec. 311(a), (b)), Dec. 22, 1987, 101 Stat. 1329-290, 1329-310; Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(4)(E)), Nov. 5, 1990, 104 Stat. 1427, 1440.) -REFTEXT- REFERENCES IN TEXT Section 3(c) of this Act, referred to in subsec. (a), is section 3(c) of Pub. L. 91-656, which is set out as a note under section 5303 of Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-509 substituted '5303' for '5305' wherever appearing. 1987 - Subsec. (a). Pub. L. 100-202, Sec. 101(i) (title III, Sec. 311(a)), inserted requirement that rates of personnel be adjusted by such amounts as necessary to restore same pay relationships that existed on Dec. 31, 1986, between personnel and Senators and between positions. Subsec. (d). Pub. L. 100-202, Sec. 101(i) (title III, Sec. 311(b)), inserted exception for cases in which it is necessary to restore and maintain same pay relationships that existed on Dec. 31, 1986, between personnel and Senators and between positions. 1975 - Subsec. (d). Pub. L. 94-82 substituted 'level III' for 'level V', and 'section 5314 of title 5' for 'section 5316 of title 5.' 1972 - Subsec. (a). Pub. L. 92-298 and Pub. L. 92-392 made identical amendments by substituting 'first day of the month in which any adjustment becomes effective' for 'first day of the first pay period which begins on or after the day on which any adjustment becomes effective' in last sentence. 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, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1987 AMENDMENT Section 101(i) (title III, Sec. 311(c)) of Pub. L. 100-202 provided that: 'Notwithstanding any other provision of this Act (see Tables for classification) or any other provision of law, subsections (a) and (b) of this section (amending this section) shall be effective in the case of pay orders issued by the President pro tempore of the Senate on or after January 1, 1988.' EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92-392, set out as an Effective Date note under section 5341 of Title 5, Government Organization and Employees. DIRECTIVE OF PRESIDENT PRO TEMPORE OF THE SENATE ESTABLISHING A SALARY INCREASE FOR OFFICERS AND EMPLOYEES OF THE SENATE UNDER AUTHORITY OF THE FEDERAL PAY COMPARABILITY ACT OF 1970 DECEMBER 20, 1990 By virtue of the authority vested in me by section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a-1) and section 315 of the Legislative Branch Appropriation Act, 1991 (2 U.S.C. 60a-1b), in order - (1) to provide (subject to the provisions of section 618 of the Treasury, Postal Service and General Government Appropriation Act, 1991 (P.L. 101-509) (5 U.S.C. 5303 note) and section 704 of the Ethics Reform Act of 1989 (P.L. 101-194) (5 U.S.C. 5318 note) and the amendments made by such section (amending section 31 of this title, section 104 of Title 3, The President, section 5318 of Title 5, Government Organization and Employees, and section 461 of Title 28, Judiciary and Judicial Procedure)) increases in the annual rates of compensation for officers and employees of the Senate that are comparable to the increases in rates of pay under the General Schedule taking effect on January 1, 1991, pursuant to section 5305 of title 5, United States Code, and (2) to provide (subject to such provisions) for the restoration of, and to maintain in effect, the same pay relationships that existed on December 31, 1986, between personnel and Senators and between Senate positions in the event of an increase in certain annual rates of compensation after the date this Order becomes effective, it is hereby - Ordered, DEFINITION Section 1. For purposes of this Order, the term 'employee' includes an officer (other than a United States Senator). RATE INCREASES FOR SPECIFIED POSITIONS Sec. 2. (a) Subject to section 11 of this Order, the annual rates of compensation of the Secretary of the Senate, the Sergeant at Arms and Doorkeeper, and the Legislative Counsel shall each be $100,400. (b) Subject to section 11 of this Order, the annual rates of compensation of the Secretary for the Majority and the Secretary for the Minority shall each be $99,834. (c) Subject to section 11 of this Order, the annual rates of compensation of the five Senior Counsels in the Office of the Legislative Counsel and the maximum annual rates of compensation for the Assistant Secretary of the Senate, the Parliamentarian, the Financial Clerk, the Assistant to the Majority Leader for Floor Operations, the Assistant to the Minority Leader for Floor Operations, the Chief of Staff for the Majority Leader, and the Chief of Staff for the Minority Leader shall each be $99,215. The maximum annual rate of compensation for the non-statutory position known as the 'Special Deputy to the Federal Elections Commission' shall be equal to the maximum annual rate of compensation for positions specified in the preceding sentence. CHAPLAIN'S OFFICE Sec. 3. The annual rate of compensation of the Chaplain is equal to the annual rate of pay provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code, except that such annual rate of compensation may not at any time exceed the rate equal to the difference between the annual rate of compensation for a position referred to in section 2(a) and $11,713. OFFICES OF SENATE Sec. 4. (a) The following individuals are authorized to increase the annual rates of compensation of the employees specified, subject to applicable limitations adjusted by this Order: (1) The Vice President, for any employee under his jurisdiction. (2) The President pro tempore, for any employee under his jurisdiction. (3) The Deputy President pro tempore, for any employee under his jurisdiction. (4) The Majority Leader and the Minority Leader, for any employee under their respective jurisdictions (subject, in the case of the Assistant to the Majority Leader for Floor Operations, the Assistant to the Minority Leader for Floor Operations, the Chief of Staff for the Majority Leader, and the Chief of Staff for the Minority Leader, respectively, to the provisions of section 2(c) of this Order). (5) The Majority Whip and the Minority Whip, for any employee under their respective jurisdictions. (6) The Secretary of the Conference of the Majority and the Secretary of the Conference of the Minority, for any employee under their respective jurisdictions. (7) The Secretary of the Senate, for any employee under his jurisdiction (subject to the provisions of section 2(c) of this Order). (8) The Sergeant at Arms and Doorkeeper, for any employee under his jurisdiction. (9) The Chaplain, for any employee under his jurisdiction. (10) The Legislative Counsel, subject to the approval of the President pro tempore, for any employee under his jurisdiction (other than the five Senior Counsels). (11) The Senate Legal Counsel, for any employee under his jurisdiction (subject to the provisions of section 701(b) of the Ethics in Government Act of 1978 (2 U.S.C. 288(b))). (12) The Secretary for the Majority and the Secretary for the Minority, for any employee under their respective jurisdictions. (13) The Capitol Guide Board, for the Chief Guide, the Deputy Chief Guide, the Assistant Chief Guide, and the Guides of the Capitol Guide Service. (b) The limitations on the gross compensation which may be paid during a fiscal year to employees in the Offices of the Vice President, the President pro tempore, the Deputy President pro tempore, the Majority Leader, the Minority Leader, the Majority Whip, the Minority Whip, the Secretary of the Senate, the Sergeant at Arms and Doorkeeper, the Chaplain, the Secretary of the Conference of the Majority, the Secretary of the Conference of the Minority, the Secretary for the Majority, the Secretary for the Minority, the Conference of the Majority, and the Conference of the Minority (as in effect immediately before the effective date of this Order) are each increased by 4.1 percent, and as so increased, are each adjusted to the next higher multiple of $1.00. (c) Except for those officers and employees referred to in section 2 of this Order, no officer or employee within the Office of the Secretary of the Senate and no officer or employee within the Office of the Sergeant at Arms and Doorkeeper shall, for any period of time, be paid gross compensation at an annual rate which is in excess of the maximum prescribed in section 105(f) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(f)) (as such rate is adjusted in section 7(b) of the Order of the President pro tempore of December 21, 1989, and as hereafter adjusted pursuant to section 11 of this Order). COMMITTEE STAFFS Sec. 5. (a) Subject to the provisions of section 105 of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1) (as modified by this Order), and to the other provisions of this Order, the chairman of any standing, special, or select committee of the Senate (including the majority and minority policy committees and the conference majority and the conference minority of the Senate), and the chairman of any joint committee of the Congress whose funds are disbursed by the Secretary of the Senate, are each authorized to increase the annual rate of compensation of any employee of the committee, or any subcommittee thereof, of which he is chairman, subject to applicable limitations adjusted by this Order. (b) Subject to section 11 of this Order, the maximum annual rates of '$93,364', '$93,859', and '$95,715' referred to in section 105(e) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(e)) (as provided for in sections 5(b) and 11 of the Order of the President pro tempore of December 21, 1989) shall be deemed to be the figures '$96,864', '$97,359', and '$99,215', respectively. SENATORS' OFFICES Sec. 6. (a) Subject to the provisions of section 105 of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1), as modified by this Order, and to the other provisions of this Order, each Senator is authorized to increase the annual rate of compensation of any employee in his office, subject to applicable limitations adjusted by this Order. (b) The table contained in section 105(d)(1) of such Act shall be deemed to read as follows: '$847,410 if the population of his State is less than 1,000,000; '$888,579 if such population is 1,000,000 but less than 2,000,000; '$929,747 if such population is 2,000,000 but less than 3,000,000; '$970,915 if such population is 3,000,000 but less than 4,000,000; '$1,012,083 if such population is 4,000,000 but less than 5,000,000; '$1,053,250 if such population is 5,000,000 but less than 6,000,000; '$1,094,419 if such population is 6,000,000 but less than 7,000,000; '$1,135,587 if such population is 7,000,000 but less than 8,000,000; '$1,176,755 if such population is 8,000,000 but less than 9,000,000; '$1,217,923 if such population is 9,000,000 but less than 10,000,000; '$1,259,091 if such population is 10,000,000 but less than 11,000,000; '$1,300,259 if such population is 11,000,000 but less than 12,000,000; '$1,341,427 if such population is 12,000,000 but less than 13,000,000; '$1,382,595 if such population is 13,000,000 but less than 14,000,000; '$1,423,763 if such population is 14,000,000 but less than 15,000,000; '$1,464,932 if such population is 15,000,000 but less than 16,000,000; '$1,506,100 if such population is 16,000,000 but less than 17,000,000; '$1,547,268 if such population is 17,000,000 but less than 18,000,000; '$1,573,605 if such population is 18,000,000 but less than 19,000,000; '$1,599,944 if such population is 19,000,000 but less than 20,000,000; '$1,626,282 if such population is 20,000,000 but less than 21,000,000; '$1,652,621 if such population is 21,000,000 but less than 22,000,000; '$1,678,960 if such population is 22,000,000 but less than 23,000,000; '$1,705,298 if such population is 23,000,000 but less than 24,000,000; '$1,731,636 if such population is 24,000,000 but less than 25,000,000; '$1,757,974 if such population is 25,000,000 but less than 26,000,000; '$1,784,313 if such population is 26,000,000 but less than 27,000,000; '$1,810,651 if such population is 27,000,000 but less than 28,000,000; and '$1,836,990 if such population is 28,000,000 or more.' (c) Subject to section 11 of this Order, the second sentence of section 105(d)(2) of such Act (2 U.S.C. 61-1(d)(2)) (as in effect immediately before the effective date of this Order) is modified to read as follows: 'The salary of an employee in a Senator's office shall not be fixed under this paragraph at a rate less than $1,530 or in excess of $97,359 per annum.' (d) The figures '$269,823' and '$89,941' referred to in subsections (a), (b)(1), and (b)(2) of section 111 of the Legislative Branch Appropriation Act, 1978 (2 U.S.C. 61-1 note) (as provided in section 6(d) of the Order of the President pro tempore of December 21, 1989) shall be deemed to be the figures '$280,887' and '$93,629', respectively. GENERAL LIMITATION Sec. 7. (a) The figure '$1,469' referred to in section 105(f) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(f)) (as provided in section 7(a) of the Order of the President pro tempore of December 21, 1989) shall be deemed to be the figure '$1,530'. (b) Subject to section 11 of this Order, the maximum annual rate of compensation of '$93,859' appearing in section 105(f) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(f)) (as provided for in sections 7(b) and 11 of the Order of the President pro tempore of December 21, 1989) shall be deemed to be the figure '$97,359'. NOTIFYING DISBURSING OFFICE OF INCREASES Sec. 8. In order for an employee to receive the increase in his annual rate of compensation pursuant to section 4, 5, or 6, the individual designated to authorize such increases for that employee shall notify the Disbursing Office of the Senate in writing that he authorizes such increase for that employee and the date (prescribed in accordance with section 105(a)(2) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(a)(2))) on which such increase is to be effective. Such increase shall become effective as provided in section 105(a)(2) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(a)(2)), except that if the notice required by the preceding sentence is given within five days (not counting Saturdays, Sundays, or holidays) after the date on which this Order is issued, such increase may become effective on January 1, 1991. DUAL COMPENSATION Sec. 9. The figure '$19,347' referred to in section 5533(c)(1) of title 5, United States Code (as provided in section 9 of the Order of the President pro tempore of December 21, 1989) shall be deemed to be the figure '$20,141'. OFFICE OF THE SENATE LEGAL COUNSEL Sec. 10. Notwithstanding any other provision of law, subject to section 11 of this Order - (1) the annual rate of compensation of the Senate Legal Counsel shall be $100,400; (2) the annual rate of compensation of the Deputy Senate Legal Counsel shall be $99,100; and (3) the maximum annual rate of compensation of each Assistant Senate Legal Counsel may not at any time exceed the rate equal to the difference between the annual rate of compensation for a position referred to in section 2(a) and $4,900. FUTURE ADJUSTMENTS Sec. 11. (a) Whenever, after the date this Order becomes effective, there is an increase in the annual rate of compensation of Senators, the annual rates of compensation of the positions referred to in section 2(a) of this Order shall be increased to a rate which maintains the same dollar differential between the compensation of such positions and the annual rate of compensation of Senators as that which existed on December 31, 1986. (b) Whenever the annual rates of compensation of individuals occupying positions referred to in section 2(a) of this Order are increased by reason of the provisions of subsection (a) of this subsection (sic) - (1) the annual rates of compensation of individuals occupying positions for which the annual rates of compensation are determined under section 2(b), 2(c), 3, 10(1) or 10(2) of this Order, (2) the maximum annual rates of compensation of individuals occupying positions for which the maximum annual rates of compensation are determined under section 2(c) or 10(3) of this Order, (3) the figures '$96,864', '$97,359', and $99,215' which appear in section 5(b) of this Order, (4) the figure '$97,359' which appears in section 6(c) of this Order, (5) the figure '$97,359' which appears in section 7(b) of this Order, and (6) the figures '$100,400' and '$99,100' which appear in section 10(1) and 10(2), respectively, of this Order, shall each be adjusted so that, after the adjustment, there is maintained the same dollar differential between each such annual rate, maximum rate, or figure (as the case may be) and the annual rates of compensation of the positions referred to in section 2(a) of this Order (after adjustment pursuant to subsection (a) of this section) as that which existed on December 31, 1986. EFFECTIVE DATE Sec. 12. Sections 1 through 11 of this Order are effective January 1, 1991. Robert C. Byrd, President pro tempore. Prior Salary Directives of President pro tempore of the Senate were issued on the following dates: Dec. 21, 1989, increases eff. Jan. 1, 1990. Dec. 9, 1988, increases eff. Jan. 1, 1989. Jan. 4, 1988, increases eff. Jan. 1, 1988. Dec. 19, 1986, increases eff. Jan. 1, 1987. Jan. 4, 1985, increases eff. Jan. 1, 1985. Dec. 20, 1983, amended May 2, 1987, increases eff. Jan. 1, 1984. Oct. 1, 1982, increases eff. Oct. 1, 1982; Cong. Rec., vol. 128, pt. 20, p. 26968. Oct. 5, 1981, amended Dec. 15, 1981, increases eff. Jan. 1, 1981; Cong. Rec., vol. 127, pt. 19, p. 24991. Oct. 1, 1980, increases eff. Oct. 1, 1980; Cong. Rec., vol. 126, pt. 25, p. 34376. Oct. 13, 1979, increases eff. Oct. 1, 1979; Cong. Rec., vol. 125, pt. 22, p. 28404. Oct. 9, 1978, increases eff. Oct. 1, 1978; Cong. Rec., vol. 124, pt. 28, p. 37837. Sept. 29, 1977, increases eff. Oct. 1, 1977. Oct. 8, 1976, increases eff. Oct. 1, 1976; Cong. Rec., vol. 123, pt. 3, p. 3784. Oct. 2, 1975, increases eff. Oct. 1, 1975; Cong. Rec., vol. 121, pt. 27, p. 34398. Oct. 7, 1974, increases eff. Oct. 1, 1975; Cong. Rec., vol. 120, pt. 27, p. 36717. Oct. 4, 1973, increases eff. Oct. 1, 1973. Dec. 16, 1972, increases eff. Jan. 1, 1973; Cong. Rec., vol. 119, pt. 1, p. 674. Dec. 23, 1971, increases eff. Jan. 1, 1972; Cong. Rec., vol. 118, pt. 1, p. 235. Jan. 15, 1971, increases eff. Feb. 1, 1971; Cong. Rec., vol. 117, pt. 1, p. 770. Apr. 15, 1970, increases eff. Jan. 1, and May 1, 1970; Cong. Rec., vol. 116, pt. 9, p. 11860. June 17, 1969, increases eff. July 1, 1969; Cong. Rec., vol. 115, pt. 12, p. 16103. June 12, 1968, increases eff. July 1, 1968; Cong. Rec., vol. 114, pt. 13, p. 16890. INCREASE IN COMPENSATION OF OFFICERS OF SENATE; LIMITATIONS ON BASIC AND GROSS COMPENSATION - 1966 Pub. L. 89-504, title III, Sec. 302(g), (h), July 18, 1966, 80 Stat. 295, provided that: '(g) Notwithstanding the provision referred to in subsection (h), the rates of gross compensation of the Secretary for the Majority of the Senate, the Secretary for the Minority of the Senate, the Chief Reporter of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, the Chief Clerk of the Senate, the Chaplain of the Senate, and the Postmaster and Assistant Postmaster of the Senate are hereby increased by 2.9 per centum. '(h) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended (74 Stat. 304; Public Law 86-568), is amended by striking out '$23,770' and inserting in lieu thereof '$24,460'.' (The paragraph in the Legislative Appropriation Act, 1956, referred to above, was repealed by Pub. L. 90-57, Sec. 105(i)(3), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.) INCREASE IN COMPENSATION OF OFFICERS OF SENATE; LIMITATIONS ON BASIC AND GROSS COMPENSATION - 1965 Pub. L. 89-301, Sec. 11(g), (h), Oct. 29, 1965, 79 Stat. 1121, provided that: '(g) Notwithstanding the provision referred to in subsection (h), the rates of gross compensation of the Secretary for the Majority of the Senate, the Secretary for the Minority of the Senate, the Chief Reporter of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, the Chief Clerk of the Senate, the Chaplain of the Senate, and the Postmaster and Assistant Postmaster of the Senate are hereby increased by 3.6 per centum. '(h) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended (74 Stat. 304; Public Law 86-568), is amended by striking out '$22,945' and inserting in lieu thereof '$23,770'.' (The paragraph in the Legislative Appropriation Act, 1956, referred to above, was repealed by Pub. L. 90-57, Sec. 105(i)(3), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.) INCREASE IN COMPENSATION OF OFFICERS OF SENATE; LIMITATIONS ON BASIC AND GROSS COMPENSATION - 1964 Pub. L. 88-426, title II, Sec. 202(f), (g), Aug. 14, 1964, 78 Stat. 414, provided that: '(f) Notwithstanding the provision referred to in subsection (g), the rates of gross compensation of the Secretary for the Majority of the Senate, the Secretary for the Minority of the Senate, the Official Reporters of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, and the Chief Clerk of the Senate are hereby increased by an amount which is equal to the amount of the increase which would be provided by subsection (a) of this section (section 60e-11 of this title) in that gross rate determined without regard to the provisions referred to in subsection (g) of this section which is nearest in amount to the total annual compensation of such officer or employee. '(g) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended (74 Stat. 304; Public Law 86-568), is amended by striking out '$18,880' and inserting in lieu thereof '$22,945'.' (The paragraph in the Legislative Appropriation Act, 1956, referred to above, was repealed by Pub. L. 90-57, Sec. 105(i)(3), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.) INCREASE IN COMPENSATION OF OFFICERS OF SENATE; LIMITATIONS ON BASIC AND GROSS COMPENSATION - 1962 Pub. L. 87-793, Sec. 1005(c), (d), Oct. 11, 1962, 76 Stat. 867, provided that: '(c) Notwithstanding the provision referred to in subsection (d), the rates of gross compensation of the elected officers of the Senate (except the Presiding Officer of the Senate), the Legislative Counsel of the Senate, the Official Reporters of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, and the Chief Clerk of the Senate are hereby increased by 7 per centum. '(d) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended (74 Stat. 304; Public Law 86-568), is amended to read as follows: ' 'No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid basic compensation at a rate in excess of $8,880 per annum, or gross compensation at a rate in excess of $18,880 per annum, unless expressly authorized by law.' ' (The paragraph in the Legislative Appropriation Act, 1956, referred to above, was repealed by Pub. L. 90-57, Sec. 105(i)(3), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.) INCREASE IN COMPENSATION OF OFFICERS OF SENATE; LIMITATIONS ON BASIC AND GROSS COMPENSATION - 1960 Pub. L. 86-568, title I, Sec. 117(c), (d), July 1, 1960, 74 Stat. 303, provided that: '(c) Notwithstanding the provision referred to in subsection (d), the rates of gross compensation of each of the elected officers of the Senate (except the Presiding Officer of the Senate), the Parliamentarian of the Senate, the Legislative Counsel of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, and the Chief Clerk of the Senate are hereby increased by 7.5 per centum. '(d) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956 (69 Stat. 510; Public Law 242, Eighty-fourth Congress), is amended to read as follows: ' 'No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid basic compensation at a rate in excess of $8,880 per annum, or gross compensation at a rate in excess of $17,525 per annum, unless expressly authorized by law.' ' (Prior to this amendment '$8,880' and '$17,525' were, respectively, '$8,880' and '$16,300' per annum.) (The paragraph in the Legislative Appropriation Act, 1956, referred to above was repealed by Pub. L. 90-57, Sec. 105(i)(3), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.) INCREASE IN COMPENSATION OF OFFICERS OF SENATE; LIMITATIONS ON BASIC AND GROSS COMPENSATION - 1958 Pub. L. 85-462, Sec. 4(c), (d), June 20, 1958, 72 Stat. 208, provided that: '(c) Notwithstanding the provision referred to in subsection (d), the rates of gross compensation of each of the elected officers of the Senate (except the presiding officer of the Senate), the Parliamentarian of the Senate, the Legislative Counsel of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, and the Chief Clerk of the Senate are hereby increased by 10 per centum. '(d) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956 (69 Stat. 510; Public Law 242, Eighty-fourth Congress), is amended to read as follows: ' 'No officer or employee, whose compensation is disbursed by the Secretary of the Senate shall be paid basic compensation at a rate in excess of $8,880 per annum, or gross compensation at a rate in excess of $16,300 per annum, unless expressly authorized by law.' ' (Prior to this amendment '$8,880' and '$16,300' were, respectively, '$8,820' and '$14,800' per annum.) (The paragraph in the Legislative Appropriation Act, 1956, referred to above, was repealed by Pub. L. 90-57, Sec. 105(i) (3), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 60a-1a of this title. ------DocID 7050 Document 143 of 1400------ -CITE- 2 USC Sec. 60a-1a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60a-1a. Rates of compensation paid by Secretary of Senate; applicability of Senate pay adjustments by President pro tempore of Senate -STATUTE- No provision of this Act or of any Act enacted after October 1, 1976, which specifies a rate of compensation (including a maximum rate) for any position or employee whose compensation is disbursed by the Secretary of the Senate shall, unless otherwise specifically provided therein, be construed to affect the applicability of section 60a-1 of this title to such rate. -SOURCE- (Pub. L. 94-440, title I, Sec. 107, Oct. 1, 1976, 90 Stat. 1444.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means the Legislative Branch Appropriation Act, 1977, Pub. L. 94-440, Oct. 1, 1976, 90 Stat. 1439, as amended. For complete classification of this Act to the Code, see Tables. ------DocID 7051 Document 144 of 1400------ -CITE- 2 USC Sec. 60a-1b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60a-1b. Senate pay adjustments; action by President pro tempore of Senate -STATUTE- (a) Whenever, after November 5, 1990, there is an adjustment in rates of pay for Senators (other than an adjustment which occurs by virtue of an adjustment under section 5305 (FOOTNOTE 1) of title 5 in rates of pay under the General Schedule), the President pro tempore of the Senate may, notwithstanding any other provision of law, rule, or regulation, adjust the rate of pay (and any minimum or maximum rate, limitation, or allowance) applicable to personnel whose pay is disbursed by the Secretary of the Senate to the extent necessary to maintain the same pay relationships that existed on December 31, 1986, between personnel and Senators and between positions. (FOOTNOTE 1) See References in Text note below. (b) Adjustments made by the President pro tempore under this section shall be made in such manner as he considers advisable and shall have the force and effect of law. -SOURCE- (Pub. L. 101-520, title III, Sec. 315, Nov. 5, 1990, 104 Stat. 2283.) -REFTEXT- REFERENCES IN TEXT Section 5305 of title 5, referred to in subsec. (a), was amended generally by Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(a)(1)), Nov. 5, 1990, 104 Stat. 1427, 1436, and, as so amended, no longer relates to adjustment of General Schedule pay rates. See section 5303 of Title 5, Government Organization and Employees. The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5. -COD- CODIFICATION Section is from the Legislative Branch Appropriations Act, 1991. ------DocID 6920 Document 145 of 1400------ -CITE- 2 USC Sec. 5 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 5. Nominations for Representatives at large -STATUTE- 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. -SOURCE- (Aug. 8, 1911, ch. 5, Sec. 5, 37 Stat. 14.) ------DocID 7053 Document 146 of 1400------ -CITE- 2 USC Sec. 60a-2a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60a-2a. Rates of compensation disbursed by Clerk of House; adjustments by Speaker; 'Member of the House of Representatives' defined -STATUTE- (1) Notwithstanding any other provision of this Act, or any other provision of law, rule, or regulation, on and after December 22, 1987, each time the President pro tempore of the Senate exercises any authority pursuant to any of the amendments made by this section with respect to rates of pay or any other matter relating to personnel whose pay is disbursed by the Secretary of the Senate, or whenever any of the events described in paragraph (2) occurs, the Speaker of the House of Representatives may adjust the rates of pay (and any minimum or maximum rate, limitation, or allowance) applicable to personnel whose pay is disbursed by the Clerk of the House of Representatives to the extent necessary to ensure - (A) appropriate pay levels and relationships between and among positions held by personnel of the House of Representatives; and (B) appropriate pay relationships between - (i) positions referred to in subparagraph (A); and (ii)(I) positions under subparagraphs (A) through (D) of section 356 of this title; (II) positions held by personnel whose pay is disbursed by the Secretary of the Senate; and (III) positions to which the General Schedule applies. (2) The other events permitting an exercise of authority under this section are either - (A) an adjustment under section 5305 (FOOTNOTE 1) of title 5 in rates of pay under the General Schedule; or (FOOTNOTE 1) See References in Text note below. (B) an adjustment in rates of pay for Members of the House of Representatives (other than an adjustment which occurs by virtue of an adjustment described in subparagraph (A)). (3) For the purpose of this section, the term 'Member of the House of Representatives' means a Member of the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. -SOURCE- (Pub. L. 100-202, Sec. 101(i) (title III, Sec. 311(d)), Dec. 22, 1987, 101 Stat. 1329-290, 1329-310; Pub. L. 101-520, title III, Sec. 308, Nov. 5, 1990, 104 Stat. 2277.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in par. (1), probably means the Legislative Branch Appropriations Act, 1988, Pub. L. 100-202, Sec. 101(i), Dec. 22, 1987, 101 Stat. 1329-290. For complete classification of this Act to the Code, see Tables. The amendments made by this section, referred to in par. (1), means the amendments made by section 101(i) (title III, Sec. 311) of Pub. L. 100-202, Dec. 22, 1987, 101 Stat. 1329-290, 1329-310, which enacted this section, amended section 60a-1 of this title, and enacted provisions set out as a note under section 60a-1 of this title. The General Schedule, referred to in pars. (1)(B)(i)(III) and (2)(A), is set out under section 5332 of Title 5, Government Organization and Employees. Section 5305 of title 5, referred to in par. (2)(A), was amended generally by Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(a)(1)), Nov. 5, 1990, 104 Stat. 1427, 1436, and, as so amended, no longer relates to adjustment of General Schedule pay rates. See section 5303 of Title 5. -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1988, which is title I of the Legislative Branch Appropriations Act, 1988. -MISC3- AMENDMENTS 1990 - Pub. L. 101-520 designated existing provisions as par. (1), inserted 'or whenever any of the events described in par. (2) occurs,' after 'Secretary of the Senate,', substituted 'may adjust the rates of pay (and any minimum or maximum rate, limitation, or allowance) applicable to personnel whose pay is disbursed by the Clerk of the House of Representatives to the extent necessary to ensure - ' and subpars. (A) and (B) for 'may, with respect to personnel whose pay is disbursed by the Clerk of the House of Representatives, exercise the same authority to the extent necessary to ensure parity of treatment between personnel of the respective Houses of Congress having comparable duties and responsibilities.', and added pars. (2) and (3). ORDER OF THE SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES JANUARY 28, 1991 Pursuant to the authority vested in the Speaker by section 311 of the Legislative Branch Appropriations Act, 1988, enacted by Public Law 100-202, as amended by Public Law 101-520 (this section), in order to ensure parity of treatment between personnel of the House of Representatives and certain other positions within the Government of the United States, it is hereby - Ordered, DEFINITION Section 1. For the purposes of this Order, the term 'employee' includes an Officer of the House (other than a Member of the House of Representatives). ANNUAL SALARY RATES FOR SPECIFIED POSITIONS Section 2. (a) That annual rates of compensation of the Clerk, Sergeant-At-Arms, Doorkeeper, Postmaster, Chaplain, Parliamentarian, Legislative Counsel, Law Revision Counsel and the General Counsel to the Clerk shall be $115,092. (b) The annual rates of compensation of the Deputy Sergeant-At-Arms, Deputy Clerk and the Deputy General Counsel to the Clerk shall be $108,837. CERTAIN MAXIMUM RATES OF COMPENSATION Section 3. (a) The following individuals are authorized to increase the annual rates of compensation of the employees specified, subject to applicable limitations adjusted by subsection 3(b) of this Order: (1) The Speaker, for any employee under his jurisdiction; (2) The Minority Leader for the six (6) employees referred to in Section 115 of Public Law 95-94 (2 U.S.C. 74c) and for the Republican position referred to in H. Res. 625 of the 89th Cong., 80 Stat. 369; (3) The Majority and Minority Leaders, for any employee under their respective jurisdictions; (4) The Majority and Minority Whips, for any employee under their respective jurisdictions; (5) The Chief Deputy Majority and Minority Whips, for any employee under their respective jurisdiction; (6) The Chairman of the Steering and Policy Committee, for any employee under his jurisdiction; (7) The Chairmen of the Democratic Caucus and the Republican Conference, for any employee under their respective jurisdictions except for the Republican position referred to in H. Res. 625 of the 89th Cong., 80 Stat. 369; (8) The Parliamentarian, for any employee under his jurisdiction (subject to the approval of the Speaker); (9) The Legislative Counsel, for any employee under his jurisdiction (subject to the approval of the Speaker); (10) The Law Revision Counsel, for any employee under his jurisdiction (subject to the approval of the Speaker). (b) The authority granted in subsection 3(a) of this Order shall be subject to the following limitations: (1) For any employee whose maximum annual rate of compensation is established in Section 3(a) of the Order of the Speaker dated January 20, 1988 or whose rate of compensation is limited by law, rule or regulation to an annual rate of compensation not in excess of the annual rate of pay provided for Levels III or IV of the Executive Schedule and for the positions referred to in H. Res 625 of the 89th Congress and H. Res. 119 of the 95th Congress (2 U.S.C. 74c); 80 Stat. 369; 82 Stat. 413; and, 77 Stat. 417 (817), the annual rate of pay shall not exceed $115,092; (2) For any employee whose maximum annual rate of compensation is established in Section 3(b) of the Order of the Speaker dated January 20, 1988 or whose rate of compensation is limited by law, rule or regulation to an annual rate of pay not in excess of the annual rate of pay provided for Level V of the Executive Schedule the annual rate of pay shall not exceed $101,331. (c) The following individuals are authorized to increase the annual rates of compensation of the employee specified, subject to the limitation provided in subsection 3(d) of this Order: (1) The Chairman of any standing, special, select or joint committee of the House or, in the case of joint committees of the House and Senate, for any employee of their respective committee; and (2) Each Member of the House, for any employee of his office. (d) The maximum rate of compensation for any individual whose rate of compensation is set pursuant to the authority provided in subsection 3(c) of this order is $101,331 except that each Committee Chairman may set the rate of compensation of three (3) committee employees at a maximum rate of $115,092 (with one of the employees to be designated by the Ranking Minority Member of the Committee) and nine (9) committee employees at a maximum rate of $108,837 (with three (3) of the employees to be designated by the Ranking Minority Member). (e) The Doorkeeper is authorized to set the rate of compensation for 2 (two) employees under his jurisdiction at a maximum rate of $101,331 (subject to the approval of the Speaker). (f) The Clerk is authorized to set the rate of compensation of 5 (five) employees, including the Chief of the Finance Office and the Special Deputy to the Clerk/FEC under his jurisdiction at a maximum rate of $101,331 (subject to the approval of the Speaker). (g) The Postmaster is authorized to set the rate of compensation for 2 (two) employees under his jurisdiction at a maximum rate of $101,331 (subject to the approval of the Speaker). (h) The Sergeant-At-Arms is authorized to set the rate of compensation for 2 (two) employees under his jurisdiction at a maximum rate of $101,331 (subject to the approval of the Speaker). GENERAL LIMITATION Section 4. The maximum annual rate of compensation for any employee whose compensation is disbursed by the Clerk of the House and who is not otherwise provided for in this Order nor otherwise limited by provision of law, rule or regulation shall be $101,331. EFFECTIVE DATE Section 5. The provisions of this Order are effective January 1, 1991. Thomas S. Foley, Speaker. Prior Orders of the Speaker of the House of Representatives were issued on the following dates: Feb. 8, 1990, increases effective Feb. 1, 1990. Jan. 20, 1988, increases effective Jan. 1, 1988. ------DocID 7054 Document 147 of 1400------ -CITE- 2 USC Sec. 60b, 60c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60b, 60c. Omitted -COD- CODIFICATION Section 60b, acts June 20, 1929, ch. 33, Sec. 2, 46 Stat. 38; July 25, 1939, ch. 352, Sec. 3, 53 Stat. 1080, which provided that clerk hire should be at the rate of $6,500 per annum and limited individual salaries to $3,900 per annum, was superseded by former section 60g of this title. See section 332 of this title. Section 60c, R.S. Sec. 55, related to payment of salaries of chaplains. ------DocID 7055 Document 148 of 1400------ -CITE- 2 USC Sec. 60c-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60c-1. Vice President, Senators, officers, and employees paid by Secretary of Senate; payment of salary; advance payment -STATUTE- The compensation of the Vice President, Senators, and officers and employees, whose compensation is disbursed by the Secretary of the Senate, shall be payable on the fifth day of the month following the month in which such compensation accrued, except that - (1) Repealed. Pub. L. 97-51, Sec. 111(a)(1), Oct. 1, 1981, 95 Stat. 962; (2) when such fifth or twentieth day falls on Saturday, Sunday, or on a legal holiday (including any holiday on which the banks of the District of Columbia are closed pursuant to law) such compensation shall be payable on the next preceding workday; and (3) any part of such compensation accrued for any month may, in the discretion of the Secretary of the Senate, be paid prior to the day specified in the preceding provisions of this section. For purposes of title 26 and for accounting and reporting purposes, disbursements made in accordance with this section on the fifth day of a month, or on the next preceding workday if such fifth day falls on Saturday, Sunday, or a legal holiday, shall be considered to have been made on the last day of the preceding month. -SOURCE- (Pub. L. 86-426, Sec. 1, Apr. 20, 1960, 74 Stat. 53; Pub. L. 92-136, Sec. 6, Oct. 11, 1971, 85 Stat. 378; Pub. L. 96-38, title I, Sec. 108(a), July 25, 1979, 93 Stat. 113; Pub. L. 97-51, Sec. 111(a), 112(a), Oct. 1, 1981, 95 Stat. 962; Pub. L. 97-257, title I, Sec. 105(a), Sept. 10, 1982, 96 Stat. 849; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- AMENDMENTS 1986 - 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. 1982 - Pub. L. 97-257 inserted reference to the Vice President. 1981 - Pub. L. 97-51 substituted 'Senators and officers and employees' for 'officers (other than Senators) and employees', struck out cl. (1) which provided that all compensation for the month of December be payable on the twentieth of December, inserted 'purposes of title 26 and for' after 'For' in second sentence, and struck out provisions that, in cases in which officers or employees of the Senate died during the month of December and the full compensation of that officer or employee for that month had been disbursed by the Secretary of the Senate before the Secretary received notice of the death, no recovery could be made of any portion of the compensation so disbursed. 1979 - Pub. L. 96-38 provided that, in cases in which officers or employees of the Senate die during the month of December and the full compensation of that officer or employee for that month has been disbursed by the Secretary of the Senate before the Secretary receives notice of the death, no recovery shall be made of any portion of the compensation so disbursed. 1971 - Cl. (2). Pub. L. 92-136 inserted '(including any holiday on which the banks of the District of Columbia are closed pursuant to law)' after 'holiday'. EFFECTIVE DATE OF 1982 AMENDMENT Section 105(c) of Pub. L. 97-257 provided that: 'Amendments and repeals made by the preceding provisions of this section (amending this section and section 104 of Title 3, The President) shall be effective in the case of compensation payable for months after December 1981.' EFFECTIVE DATE OF 1981 AMENDMENT Section 111(b) of Pub. L. 97-51 provided that: 'The amendments made by subsection (a) (amending this section) shall be effective in the case of compensation payable for months after December 1982.' Amendment by section 112(a) of Pub. L. 97-51 effective in the case of compensation payable for months after December 1981, see section 112(e) of Pub. L. 97-51, set out as an Effective Date of 1981 Amendment note under section 33 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Section 108(b) of Pub. L. 96-38 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect on October 1, 1978.' EFFECTIVE DATE OF 1971 AMENDMENT Section 9(b) of Pub. L. 92-136 provided that: 'Sections 4 and 6 of this Act (enacting section 60c-2 of this title and amending this section) shall become effective as of July 1, 1971.' EFFECTIVE DATE Section 3 of Pub. L. 86-426 provided that: 'This joint resolution (enacting this section and amending sections 60d to 60e-1 of this title) shall be effective with respect to compensation accruing on or after the first day of the month following the month in which it is enacted (Apr. 1, 1960).' ------DocID 6921 Document 149 of 1400------ -CITE- 2 USC Sec. 6 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 6. Reduction of representation -STATUTE- 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. -SOURCE- (R.S. Sec. 22.) -COD- CODIFICATION R.S. Sec. 22 derived from act Feb. 2, 1872, ch. 11, Sec. 6, 17 Stat. 29. ------DocID 7057 Document 150 of 1400------ -CITE- 2 USC Sec. 60c-2a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60c-2a. Banking and financial transactions of Secretary of Senate -STATUTE- (a) Reimbursement of banks for costs of clearing items for Senate The Secretary of the Senate is authorized to reimburse any bank which clears items for the United States Senate for the costs incurred therein. Such reimbursements shall be made from the contingent fund of the Senate. (b) Check cashing regulations for Disbursing Office of Senate The Secretary of the Senate is authorized to prescribe such regulations as he deems necessary to govern the cashing of personal checks by the Disbursing Office of the Senate. (c) Amounts withheld from disbursements for employee indebtedness Whenever an employee whose compensation is disbursed by the Secretary of the Senate becomes indebted to the Senate and such employee fails to pay such indebtedness, the Secretary of the Senate is authorized to withhold the amount of the indebtedness from any amount which is disbursed by him and which is due to, or on behalf of, such employee. Whenever an amount is withheld under this section, the appropriate account shall be credited in an amount equal to the amount so withheld. -SOURCE- (Pub. L. 94-440, title I, Sec. 104, Oct. 1, 1976, 90 Stat. 1443.) ------DocID 7058 Document 151 of 1400------ -CITE- 2 USC Sec. 60c-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60c-3. Withholding and remittance of State income tax by Secretary of Senate -STATUTE- (a) Agreement by Secretary with appropriate State official; covered individuals Whenever - (1) the law of any State provides for the collection of an income tax by imposing upon employers generally the duty of withholding sums from the compensation of employees and remitting such sums to the authorities of such State; and (2) such duty to withhold is imposed generally with respect to the compensation of employees who are residents of such State; then the Secretary of the Senate is authorized, in accordance with the provisions of this section to enter into an agreement with the appropriate official of that State to provide for the withholding and remittance of sums for individuals - (A) whose pay is disbursed by the Secretary; and (B) who request the Secretary to make such withholdings for remittance to that State. (b) Number of remittances authorized Any agreement entered into under subsection (a) of this section shall not require the Secretary to remit such sums more often than once each calendar quarter. (c) Requests by individuals of Secretary for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations (1) An individual whose pay is disbursed by the Secretary may request the Secretary to withhold sums from his pay for remittance to the appropriate authorities of the State that he designates. Amounts of withholdings shall be made in accordance with those provisions of the law of that State which apply generally to withholding by employers. (2) An individual may have in effect at any time only one request for withholdings, and he may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholdings is effective on the first day of the first month commencing after the day on which the request is received in the Disbursing Office of the Senate, except that - (A) when the Secretary first enters into an agreement with a State, a request for withholdings shall be effective on such date as the Secretary may determine; and (B) when an individual first receives an appointment, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment. (3) An individual may change the State designated by him for the purposes of having withholdings made and request that the withholdings be remitted in accordance with such change, and he may also revoke his request for withholdings. Any change in the State designated or revocation is effective on the first day of the first month commencing after the day on which the request for change or the revocation is received in the Disbursing Office. (4) The Secretary is authorized to issue rules and regulations he considers appropriate in carrying out this subsection. (d) Time or times of agreements by Secretary The Secretary may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate. (e) Provisions as not imposing duty, burden, requirement or penalty on United States, Senate, or any officer or employee of United States; effect of filing paper, form, or document with Secretary This section imposes no duty, burden, or requirement upon the United States, the Senate, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the Senate, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, or document filed with the Secretary under this section is a paper of the Senate within the provisions of rule XXX of the Standing Rules of the Senate. (f) 'State' defined For the purposes of this section, 'State' means any of the States of the United States and the District of Columbia. -SOURCE- (Pub. L. 93-371, Sec. 2, Aug. 13, 1974, 88 Stat. 427.) -REFTEXT- REFERENCES IN TEXT The Standing Rules of the Senate, referred to in subsec. (e), were revised generally in 1979. Provisions relating to withdrawal of papers from the files of the Senate which were formerly contained in Rule XXX of the Standing Rules of the Senate are contained in Rule XI of the Standing Rules of the Senate. -CROSS- CROSS REFERENCES Withholding of District of Columbia and State income taxes by Clerk and Sergeant at Arms of House, see section 60e-1a of this title. Withholding of District of Columbia and State income taxes generally, see sections 5516 and 5517 of Title 5, Government Organization and Employees. Withholding of State income taxes by Architect of Capitol, see section 166b-5 of Title 40, Public Buildings, Property, and Works. ------DocID 7059 Document 152 of 1400------ -CITE- 2 USC Sec. 60c-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60c-4. Withholding of charitable contributions from salaries paid by Secretary of Senate and from employees of Architect of Capitol -STATUTE- (a) Definitions For purposes of this section, the term - (1) 'Secretary' means the Secretary of the Senate; and (2) 'Architect' means the Architect of the Capitol. (b) Notice; deduction and transmission (1) The Secretary and the Architect shall notify individuals whose pay is disbursed by the Secretary or who are employees of the Architect, including employees of the Botanic Garden or the Senate Restaurants of the opportunity to have amounts withheld from their pay pursuant to this section for contribution to national voluntary health and welfare agencies designated by the Director of the Office of Personnel Management pursuant to Executive Order 10927, dated March 18, 1961. (2) Upon request by such an individual specifying the amount to be withheld and one Combined Federal Campaign Center in the Washington metropolitan area to receive such amount, the Secretary, the Architect, or any other officer who disburses the pay of such individual, as the case may be, shall - (A) withhold such amount from the pay of such individual; and (B) transmit (not less than once each calendar quarter) the amount so withheld to the Combined Federal Campaign Center as specified in such request. (c) Time of withholding and transmission The Secretary and the Architect shall, to the extent practicable, carry out subsection (b) of this section at or about the time of the Combined Federal Campaign and other fundraising in the executive branch of the Federal Government conducted pursuant to Executive Order 10927, dated March 18, 1961, and at such other times as each such officer deems appropriate. (d) Amount (1) No amount shall be withheld under subsection (b) of this section from the pay of any individual for any pay period if the amount of such pay for such period is less than the sum of - (A) the amount specified to be withheld from such pay under subsection (b) of this section for such period; plus (B) the amount of all other withholdings from such pay for such period. (2) No amount may be specified by an individual to be withheld for any pay period under subsection (b) of this section which is less than - (A) 50 cents, if the pay period of such individual is biweekly or semimonthly; or (B) $1, if the pay period of such individual is monthly. (e) Provisions as not imposing duty, burden, requirement or penalty on United States, Senate, or any officer or employee of United States; effect of filing paper This section imposes no duty, burden, or requirement upon the United States, the Senate, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the Senate, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, document, or any other item filed with the Secretary under this section is a paper of the Senate within the provisions of rule XXX of the Standing Rules of the Senate. (f) Rules and regulations The Secretary and the Architect are authorized to issue rules and regulations they consider appropriate in carrying out their duties under this section. -SOURCE- (Pub. L. 95-470, Oct. 17, 1978, 92 Stat. 1323; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) -REFTEXT- REFERENCES IN TEXT Executive Order 10927, dated March 18, 1961, referred to in subsecs. (b)(1) and (c), was revoked by, and is covered by, Ex. Ord. No. 12353, Mar. 23, 1982, 47 F.R. 12785. The Standing Rules of the Senate, referred to in subsec. (e), were revised generally in 1979. Provisions relating to withdrawal of papers from the files of the Senate which were formerly contained in Rule XXX of the Standing Rules of the Senate are contained in Rule XI of the Standing Rules of the Senate. -TRANS- TRANSFER OF FUNCTIONS 'Director of the Office of Personnel Management' substituted for 'Chairman of the Civil Service Commission' in subsec. (b)(1) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in United States Civil Service Commission and Chairman thereof to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. ------DocID 7060 Document 153 of 1400------ -CITE- 2 USC Sec. 60d -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60d. Officers and employees paid by Clerk of House; payment of December salary -STATUTE- The Clerk of the House of Representatives is authorized and directed to pay to the officers and employees of the House of Representatives, including the Capitol Police and Office of Legislative Counsel, and employees paid on vouchers under authority of resolutions, their respective salaries for the month of December on the 20th day of that month, each year, except when the 20th of the month falls on Sunday, in which case the said salaries shall be paid on the 19th of December. -SOURCE- (May 21, 1937, ch. 236, Sec. 1, 50 Stat. 199; Apr. 20, 1960, Pub. L. 86-426, Sec. 2(a), 74 Stat. 53.) -MISC1- AMENDMENTS 1960 - Pub. L. 86-426 struck out provisions which related to officers and employees of the Senate. See section 60c-1 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Amendment by Pub. L. 86-426 effective with respect to compensation accruing on or after first day of month following April 1960, see section 3 of Pub. L. 86-426, set out as an Effective Date note under section 60c-1 of this title. ------DocID 7061 Document 154 of 1400------ -CITE- 2 USC Sec. 60e -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e. Payment of salary for months other than December by Clerk of House to officers and employees -STATUTE- The Clerk of the House of Representatives is authorized and directed to pay to the officers and employees of the House of Representatives, including the Capitol Police and Office of Legislative Counsel, and employees paid on voucher under authority of resolutions, their respective salaries on the first workday preceding the last day of any month (except the month of December) when the last day of such month falls on a Sunday or a legal holiday. -SOURCE- (May 21, 1937, ch. 236, Sec. 2, as added June 2, 1939, ch. 171, 53 Stat. 802, and amended Apr. 20, 1960, Pub. L. 86-426, Sec. 2(b), 74 Stat. 54.) -MISC1- AMENDMENTS 1960 - Pub. L. 86-426 struck out provisions which related to officers and employees of the Senate. See section 60c-1 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Amendment by Pub. L. 86-426 effective with respect to compensation accruing on or after first day of month following April 1960, see section 3 of Pub. L. 86-426, set out as an Effective Date note under section 60c-1 of this title. ------DocID 7062 Document 155 of 1400------ -CITE- 2 USC Sec. 60e-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e-1. Payment of salaries in or under House when payday falls on Saturday -STATUTE- Whenever the usual day for paying salaries in or under the House of Representatives falls on Saturday, such salaries may be paid on the preceding workday. -SOURCE- (Dec. 28, 1945, ch. 589, title I, 59 Stat. 633; Apr. 20, 1960, Pub. L. 86-426, Sec. 2(c), 74 Stat. 54.) -MISC1- AMENDMENTS 1960 - Pub. L. 86-426 struck out provisions which related to payment of salaries in Senate. See section 60c-1 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Amendment by Pub. L. 86-426 effective with respect to compensation accruing on or after first day of month following April 1960, see section 3 of Pub. L. 86-426, set out as an Effective Date note under section 60c-1 of this title. ------DocID 7063 Document 156 of 1400------ -CITE- 2 USC Sec. 60e-1a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e-1a. Withholding of State income tax by Clerk and Sergeant at Arms of House -STATUTE- (a) Agreement with proper State official; covered individuals Until otherwise provided by law, the Clerk of the House of Representatives (hereinafter in this section and section 60e-1b of this title referred to as the 'Clerk') and the Sergeant at Arms of the House of Representatives (hereinafter in this section and section 60e-1b of this title referred to as the 'Sergeant at Arms') shall, in accordance with the provisions of subsections (b), (c), and (d) of this section enter into an agreement with any State, at the request for agreement from the proper State official. The agreement shall provide that - (1) the Clerk, in the case of employees whose compensation is disbursed by the Clerk; and (2) the Sergeant at Arms, in the case of Members of the House of Representatives; shall withhold State income tax in the case of each Member and employee who is subject to such income tax and who voluntarily requests such withholding. (b) Number of remittances authorized Any agreement entered into under subsection (a) of this section shall not require the Clerk or the Sergeant at Arms to remit sums withheld pursuant to any such agreement more often than once each calendar quarter. (c) Acceptance or disapproval of proposed agreement by Committee on House Administration (1) The Clerk and the Sergeant at Arms shall, before entering into any agreement under subsection (a) of this section, transmit a statement with respect to the proposed agreement to the Committee on House Administration of the House of Representatives (hereinafter in this section and section 60e-1b of this title referred to as the 'committee'). Such statement shall set forth a detailed description of the proposed agreement, together with any other information which the committee may require. (2) If the committee does not disapprove, through appropriate action, any proposed agreement transmitted to the committee under paragraph (1) no later than ten legislative days after receiving such proposed agreement, then the Clerk or the Sergeant at Arms, as the case may be, may enter into such proposed agreement. The Clerk or the Sergeant at Arms, as the case may be, may not enter into any proposed agreement if such proposed agreement is disapproved by the committee under this paragraph. (d) Number and effective date of requests for withholding; change of designated State; revocation of request (1) A Member or employee may have in effect at any time only one request for withholding under subsection (a) of this section, and such Member or employee may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholding is effective on the first day of the month in which the request is processed by the Clerk or the Sergeant at Arms, but in no event later than on the first day of the first month beginning after the day on which such request is received by the Clerk or the Sergeant at Arms, except that - (A) when the Clerk or the Sergeant at Arms first enters into an agreement with a State under subsection (a) of this section, a request for withholding shall be effective on such date as the Clerk or the Sergeant at Arms may determine; (B) when an individual first receives an appointment as an employee, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment; and (C) when an individual first becomes a Member, the request shall be effective on the day such individual takes the oath of office as a Member, if the individual makes the request at such time. (2) A Member or employee may change the State designated by such Member or employee for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. A Member or employee also may revoke any request of such Member or employee for withholding. Any change in the State designated or revocation is effective on the first day of the month in which the request or the revocation is processed by the Clerk or the Sergeant at Arms, but in no event later than on the first day of the first month beginning after the day on which such request or revocation is received by the Clerk or the Sergeant at Arms. (e) Provisions as not imposing duty, burden, requirement or penalty on United States, House, or any officer or employee of United States; effect of filing paper, form, or document with Clerk or Sergeant at Arms This section and section 60e-1b of this title impose no duty, burden, or requirement upon the United States, the House of Representatives, or any officer or employee of the United States, except as specifically provided in this section and section 60e-1b of this title. Nothing in this section and section 60e-1b of this title shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the House of Representatives, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section and section 60e-1b of this title. Any paper, form, document, or any other item filed with, or submitted to, the Clerk or the Sergeant at Arms under this section and section 60e-1b of this title is considered to be a paper of the House of Representatives within the provisions of the Rules of the House of Representatives. -SOURCE- (Pub. L. 94-440, title II, Sec. 101, Oct. 1, 1976, 90 Stat. 1448.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 732, Ninety-fourth Congress, Nov. 4, 1975, which was enacted into permanent law by Pub. L. 94-440. -CROSS- CROSS REFERENCES Withholding of District of Columbia and State income taxes by Secretary of Senate, see section 60c-3 of this title. Withholding of District of Columbia and State income taxes generally, see sections 5516 and 5517 of Title 5, Government Organization and Employees. Withholding of State income taxes by Architect of Capitol, see section 166b-5 of Title 40, Public Buildings, Property, and Works. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 60e-1b of this title. ------DocID 7064 Document 157 of 1400------ -CITE- 2 USC Sec. 60e-1b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e-1b. State income tax withholding; definitions -STATUTE- For purposes of section 60e-1a of this title and this section - (1) the term 'State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States; (2) the term 'Member' means a Member of the House of Representatives, the Delegates from the District of Columbia, Guam, and the Virgin Islands, and the Resident Commissioner from Puerto Rico; and (3) the term 'legislative days' does not include any calendar day on which the House of Representatives is not in session. -SOURCE- (Pub. L. 94-440, title II, Sec. 101, Oct. 1, 1976, 90 Stat. 1448.) -COD- CODIFICATION Section is based on section 2 of House Resolution No. 732, Ninety-fourth Congress, Nov. 4, 1975, which was enacted into permanent law by Pub. L. 94-440. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 60e-1a of this title. ------DocID 7065 Document 158 of 1400------ -CITE- 2 USC Sec. 60e-1c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e-1c. Withholding of charitable contributions by Clerk of House -STATUTE- (a) Authority Until otherwise provided by law and except as provided in subsection (c) of this section, the Clerk of the House of Representatives shall - (1) notify employees of the opportunity to have amounts withheld from their compensation for contribution to charitable organizations; and (2) if an employee files with such officer a voluntary request specifying the amount to be withheld and one Combined Federal Campaign Center in the Washington metropolitan area to receive such amount - (A) withhold such amount from the compensation of such employee, and (B) transmit (not less than once each calendar quarter) the amount so withheld to the Combined Federal Campaign Center as specified in such request. (b) Time of fundraising activities The Clerk shall, to the extent practicable, carry out subsection (a) of this section at or about the time of the Combined Federal Campaign and other fundraising in the executive branch of the Federal Government conducted pursuant to Executive Order 10927, dated March 18, 1961, and at such other times as such officer deems appropriate. (c) Minimum amounts withheld (1) No amount shall be withheld under subsection (a) of this section from the compensation of any employee for any pay period if the amount of such compensation for such period is less than the sum of - (A) the amount specified to be withheld from such compensation under subsection (a) of this section for such period, plus (B) the amount of all other withholdings from such compensation for such period. (2) No amount may be specified by an employee to be withheld for any pay period under subsection (a) of this section which is less than - (A) 50 cents, if the pay period of such individual is biweekly or semimonthly; or (B) $1, if the pay period of such individual is monthly. (d) Duty, burden, or requirement not imposed This section imposes no duty, burden, or requirement upon the United States, the House of Representatives, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the House of Representatives, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, document, or any other item filed with, or submitted to, the Clerk under this section is considered to be a paper of the House of Representatives within the provisions of the Rules of the House of Representatives. -SOURCE- (Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777.) -REFTEXT- REFERENCES IN TEXT Executive Order 10927, dated March 18, 1961, referred to in subsec. (b), was revoked, and is covered, by Ex. Ord. No. 12353, Mar. 23, 1982, 47 F.R. 12785. -COD- CODIFICATION Section is based on section 1 of House Resolution No. 12, Ninety-fifth Congress, August 5, 1977, which was enacted into permanent law by Pub. L. 95-391. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 60e-1d of this title. ------DocID 7066 Document 159 of 1400------ -CITE- 2 USC Sec. 60e-1d -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e-1d. Withholding of charitable contributions; definitions -STATUTE- For purposes of section 60e-1c of this title - (1) the term 'charitable organizations' means national voluntary health and welfare agencies designated by the Director of the Office of Personnel Management pursuant to Executive Order 10927, dated March 19, 1961; (2) the term 'Clerk' means the Clerk of the House of Representatives; (3) the term 'employee' means any employee of the House of Representatives whose compensation is disbursed by the Clerk. -SOURCE- (Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) -REFTEXT- REFERENCES IN TEXT Executive Order 10927, dated March 18, 1961, referred to in par. (1), was revoked, and is covered, by Ex. Ord. No. 12353, Mar. 23, 1982, 47 F.R. 12785. -COD- CODIFICATION Section is based on section 2 of House Resolution No. 12, Ninety-fifth Congress, August 5, 1977, which was enacted into permanent law by Pub. L. 95-391. -TRANS- TRANSFER OF FUNCTIONS 'Director of the Office of Personnel Management' substituted for 'Chairman of the Civil Service Commission' in par. (1) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in United States Civil Service Commission and Chairman thereof to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. ------DocID 6922 Document 160 of 1400------ -CITE- 2 USC Sec. 7 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 7. Time of election -STATUTE- 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. -SOURCE- (R.S. Sec. 25; Mar. 3, 1875, ch. 130, Sec. 6, 18 Stat. 400; June 5, 1934, ch. 390, Sec. 2, 48 Stat. 879.) -COD- CODIFICATION R.S. Sec. 25 derived from act Feb. 2, 1872, ch. 11, Sec. 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. -MISC3- 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.' -CROSS- CROSS REFERENCES Time for election of Representatives, see Const. Art. I, Sec. 4, cl. 1. ------DocID 7068 Document 161 of 1400------ -CITE- 2 USC Sec. 60e-2a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e-2a. Exemption of officers and employees of Architect of Capitol from certain Federal pay provisions -STATUTE- 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. -SOURCE- (Oct. 28, 1949, ch. 782, title II, Sec. 204(a), 63 Stat. 957.) -REFTEXT- 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, as amended, 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. -COD- CODIFICATION 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, Sec. 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, Sec. 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. ------DocID 7069 Document 162 of 1400------ -CITE- 2 USC Sec. 60e-2b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e-2b. Overtime compensation for certain employees of Architect of Capitol -STATUTE- 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. -SOURCE- (June 30, 1945, ch. 212, title V, Sec. 503, 59 Stat. 301; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972.) -REFTEXT- REFERENCES IN TEXT Section 6102 of title 5, referred to in text, was repealed by Pub. L. 92-392, Sec. 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. -COD- CODIFICATION 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, Sec. 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. -MISC3- AMENDMENTS 1949 - Act Oct. 28, 1949, substituted 'Classification Act of 1949' for 'Classification Act of 1923'. 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, Sec. 8, 80 Stat. 632, 655. ------DocID 7070 Document 163 of 1400------ -CITE- 2 USC Sec. 60e-3 to 60e-14 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e-3 to 60e-14. Omitted -COD- CODIFICATION Sections were omitted as obsolete and superseded. See section 61-1 of this title and chapter 10A (Sec. 331 et seq.) of this title. Section 60e-3, acts June 30, 1945, ch. 212, title V, Sec. 501, 59 Stat. 301; May 24, 1946, ch. 270, Sec. 5(a), (b), 60 Stat. 217; June 23, 1949, ch. 238, Sec. 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, Sec. 502, 59 Stat. 301; May 24, 1946, ch. 270, Sec. 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, Sec. 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, Sec. 101(a), (b), 63 Stat. 974; June 28, 1955, ch. 189, Sec. 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, Sec. 2(a), (b), (d), 65 Stat. 613; June 28, 1955, ch. 189, Sec. 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, Sec. 4(a), (e)(1), (g), (h), 69 Stat. 176-178; June 27, 1956, ch. 453, Sec. 101, 70 Stat. 363, provided for payment of additional compensation to legislative branch employees. Section 60e-8, Pub. L. 85-462, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 214(a), (b), (f), (m), Dec. 16, 1967, 81 Stat. 635-637, provided for payment of additional compensation to legislative branch employees. ------DocID 7071 Document 164 of 1400------ -CITE- 2 USC Sec. 60f -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60f. Repealed. Pub. L. 90-57, Sec. 105(i)(2), July 28, 1967, 81 Stat. 144 -MISC1- 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, Sec. 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, Sec. 101(c)(3), 63 Stat. 974; Oct. 24, 1951, ch. 554, Sec. 2(c)(2), 65 Stat. 614; June 28, 1955, ch. 189, Sec. 4(e)(3), 69 Stat. 177; May 19, 1956, ch. 313, Ch. XII, 70 Stat. 175; Sept. 1, 1959, Pub. L. 86-213, Sec. 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 61-1(a), (d), (e) of this title. 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 61-1 of this title. ------DocID 7072 Document 165 of 1400------ -CITE- 2 USC Sec. 60f-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60f-1. Repealed. Pub. L. 86-213, Sec. 1(c), Sept. 1, 1959, 73 Stat. 444 -MISC1- 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. ------DocID 7073 Document 166 of 1400------ -CITE- 2 USC Sec. 60g, 60g-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60g, 60g-1. Repealed. Pub. L. 91-510, title IV, Sec. 477(a)(1), (2), Oct. 26, 1970, 84 Stat. 1195 -MISC1- Section 60g, acts Dec. 20, 1944, ch. 617, Sec. 1, 58 Stat. 831; June 23, 1949, ch. 238, Sec. 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. See section 332 of this title. Section 60g-1, acts July 2, 1954, ch. 455, title I, 68 Stat. 401; Aug. 5, 1955, ch. 568, Sec. 11(a), 69 Stat. 509; Aug. 3, 1956, ch. 938, Sec. 1(a), 70 Stat. 990; Aug. 10, 1961, Pub. L. 87-130, Sec. 103, 75 Stat. 334; July 27, 1965, Pub. L. 89-90, Sec. 103, 79 Stat. 81; Aug. 27, 1966, Pub. L. 89- 545, Sec. 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. See section 332 of this title. 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 72a of this title. ------DocID 6923 Document 167 of 1400------ -CITE- 2 USC Sec. 8 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 8. Vacancies -STATUTE- 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. -SOURCE- (R.S. Sec. 26.) -COD- CODIFICATION R.S. Sec. 26 derived from act Feb. 2, 1872, ch. 11, Sec. 4, 17 Stat. 28. -MISC3- CONSTITUTIONAL PROVISIONS Vacancies in the House of Representatives, see Const. Art. I, Sec. 2, cl. 4. ------DocID 7075 Document 168 of 1400------ -CITE- 2 USC Sec. 60h -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60h. Omitted -COD- 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. ------DocID 7076 Document 169 of 1400------ -CITE- 2 USC Sec. 60i -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60i. Repealed. Pub. L. 87-730, Sec. 106(c), Oct. 2, 1962, 76 Stat. 695 -MISC1- Section, act Feb. 13, 1945, ch. 2, Sec. 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 60j of this title. 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 60j of this title. PROHIBITION AGAINST PAYMENT OF LONGEVITY INCREASE AFTER SEPTEMBER 1, 1962 Section 106(c) of Pub. L. 87-730 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. ------DocID 7077 Document 170 of 1400------ -CITE- 2 USC Sec. 60j -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60j. Longevity compensation -STATUTE- (a) Eligible employees This section shall apply to - (1) each employee of the Senate whose compensation is paid from the appropriation for Salaries, Officers and Employees under the following headings: (A) Office of the Secretary, including individuals employed under authority of section 74b of this title; (B) Office of the Sergeant at Arms and Doorkeeper, except employees designated as 'special employees'; and (C) Offices of the Secretaries for the Majority and the Minority; (2) each employee of the Senate authorized by Senate resolution to be appointed by the Secretary of the Senate or the Sergeant at Arms and Doorkeeper, except employees designated as 'special employees'; and (3) each employee of the Capitol Guide Service established under section 851 of title 40. (b) Rate of compensation; limitation on increases; computation of service; effective date of payment (1) Except as provided in paragraph (2), an employee to whom this section applies shall be paid, during any period of continuous creditable service, additional annual compensation (hereinafter referred to as 'longevity compensation') at the rate of $482 for (A) each year of creditable service performed for the first five years and (B) each two years of creditable service performed during the twenty-year period following the first five years. (2) The amount of longevity compensation which may be paid to an employee, when added to his regular annual compensation, shall not exceed the maximum annual compensation which may be paid to Senate employees generally as prescribed by law or orders of the President pro tempore issued under authority of section 60a-1 of this title. (3) For purposes of this section - (A) creditable service includes (i) service performed as an employee described in subsection (a) of this section, (ii) service performed as a member of the Capitol Police or as an employee of the United States Capitol Telephone Exchange while compensation therefor is disbursed by the Clerk of the House of Representatives, and (iii) service which is creditable for purposes of this section as in effect on September 30, 1978; (B) in computing length of continuous creditable service, only creditable service performed subsequent to August 31, 1957, shall be taken into account, except that, in the case of service as an employee employed under authority of section 74b of this title, only creditable service performed subsequent to January 2, 1971, shall be taken into account; and (C) continuity of creditable service shall not be deemed to be broken by separations from service of not more than thirty days, by the performance of service as an employee (other than an employee subject to the provisions of this section) whose compensation is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives, or by the performance of active military service in the armed forces of the United States, but periods of such separations and service shall not be creditable service. (4) Longevity compensation shall be payable on and after the first day of the first month following completion of each period of creditable service upon which such compensation is based. -SOURCE- (Pub. L. 87-730, Sec. 106(a), (b), (d), Oct. 2, 1962, 76 Stat. 694, 695; Pub. L. 88-454, Sec. 104(b), Aug. 20, 1964, 78 Stat. 550; Pub. L. 90-57, Sec. 105(g), July 28, 1967, 81 Stat. 143; Pub. L. 90-206, title II, Sec. 214(n), Dec. 16, 1967, 81 Stat. 637; Pub. L. 91-656, Sec. 4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 93-371, Aug. 13, 1974, 88 Stat. 436; Pub. L. 95-240, title II, Sec. 205, Mar. 7, 1978, 92 Stat. 117; Pub. L. 95-391, title I, Sec. 110(a), Sept. 30, 1978, 92 Stat. 774; Pub. L. 96-304, title I, Sec. 107(b), July 8, 1980, 94 Stat. 890.) -STATAMEND- INAPPLICABILITY OF SECTION TO CERTAIN EMPLOYEES ON AND AFTER OCTOBER 1, 1983 This section 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 60j-4 of this title. -COD- CODIFICATION Subsecs. (a) and (b) of this section are from subsecs. (a) and (b) of section 106 of the Legislative Branch Appropriation Act, 1963 (Pub. L. 87-730). Subsec. (c) of this section was the second sentence of subsec. (d) of section 106, and was repealed by section 104(b) of Pub. L. 88-454. Subsec. (c) of section 106 repealed section 60i of this title, and the first sentence of subsec. (d) of section 106 repealed section 105 of the Legislative Branch Appropriation Act, 1959. -MISC3- AMENDMENTS 1982 - Subsec. (b)(1). Figure '463' deemed to refer to the figure '482', effective Oct. 1, 1982, pursuant to Pub. L. 91-656, Sec. 4, see section 10 of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982, set out as a note under section 60a-1 of this title. 1981 - Subsec. (b)(1). Figure '$441' deemed to refer to the figure '$463', effective Oct. 1, 1981, pursuant to Pub. L. 91-656, Sec. 4, see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981, set out as a note under section 60a-1 of this title. 1980 - Subsec. (b)(1). Figure '404' deemed to refer to the figure '441', effective Oct. 1, 1980, pursuant to Pub. L. 91-656, Sec. 4, see section 10 of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980, set out as a note under section 60a-1 of this title. Pub. L. 96-304 substituted '$404' for 'two times the multiple contained in section 1(a) of the applicable Order of the President Pro Tempore of the Senate issued under authority of section 60a-1 of this title'. 1978 - Subsec. (a). Pub. L. 95-391 in par. (1) substituted cls. (A) to (C) for provisions respecting heading 'Office of the Secretary', except the Assistant to the Majority and the Assistant to the Minority, in par. (2) substituted provisions relating to employees appointed by the Secretary of the Senate or the Sergeant at Arms and Doorkeeper, under a Senate resolution, for provisions relating to employees under the heading 'Office of Sergeant at Arms and Doorkeeper', in par. (3) substituted provisions relating to employees of the Capitol Guide Service for provisions relating to employees under the heading 'Official Reporters of Debates', and struck out pars. (4) to (8) relating to, respectively, employees under heading 'Offices of the Secretaries for the Majority and the Minority', employees appointed by the Secretary or Sergeant at Arms, telephone operators on the United States Capitol exchange, members of the Capitol Police, and the Chief Guide, etc., of the Capitol Guide Service. Pub. L. 95-240 inserted reference to Deputy Chief Guide in par. (8). Subsec. (b). Pub. L. 95-391 substituted provisions setting forth requirements respecting the computation, except as provided in par. (2), of additional annual compensation for any employee to whom this section applies during any period of continuous creditable service, for provisions setting forth requirements respecting the computation of additional gross compensation for any employee to whom this section applies during any period of continuous service. 1977 - Subsec. (b). Figure '1,002' deemed to refer to the figure '1,074', effective Oct. 1, 1977, pursuant to Pub. L. 91-656, Sec. 4, see section 4(c) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977, set out as a note under section 60a-1 of this title. 1976 - Subsec. (b). Figure '954' deemed to refer to the figure '1,002', effective Oct. 1, 1976, pursuant to Pub. L. 91-656, Sec. 4, see section 4(d) of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, set out as a note under section 60a-1 of this title. 1975 - Subsec. (b). Figure '906' deemed to refer to the figure '954', effective Oct. 1, 1975, pursuant to Pub. L. 91-656, Sec. 4, see section 4(d) of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975, set out as a note under section 60a-1 of this title. 1974 - Subsec. (a)(8). Pub. L. 93-371 added par. (8). Subsec. (b). Figure '855' deemed to refer to the figure '906', effective Oct. 1, 1974, pursuant to Pub. L. 91-656, Sec. 4, see section 4(d) of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974, set out as a note under section 60a-1 of this title. 1973 - Subsec. (b). Figure '816' deemed to refer to the figure '855', effective Oct. 1, 1973, pursuant to Pub. L. 91-656, Sec. 4, see section 4(d) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973, set out as a note under section 60a-1 of this title. 1972 - Subsec. (b). Figure '777' deemed to refer to the figure '816' pursuant to Pub. L. 91-656, Sec. 4, see section 4(d) of Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, set out as a note under section 60a-1 of this title. 1971 - Subsec. (b). Figure '738' deemed to refer to the figure '777', effective Jan. 1, 1972, pursuant to Pub. L. 91-656, Sec. 4, see section 4(d) of Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, set out as a note under section 60a-1 of this title. Figure '696' deemed to refer to the figure '738', effective Feb. 1, 1971, pursuant to Pub. L. 91-656, see section 4(d) of Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, set out as a note under section 60a-1 of this title. 1969 - Subsec. (b). Figure '597', as increased by Order of June 12, 1968, deemed, on and after July 1, 1969, to refer to the figure '657', pursuant to Pub. L. 90-206, Sec. 225(h), see section 4(c) of Salary Directive of President pro tempore of the Senate, June 17, 1969, set out as a note under section 60a-1 of this title. 1968 - Subsec. (b). Figure '564', deemed, on and after July 1, 1968, to refer to the figure '597', pursuant to Pub. L. 90-206, Sec. 225(h), see section 1(h) of Salary Directive of President pro tempore of the Senate, June 12, 1968, set out as a note under section 60a-1 of this title. 1967 - Subsec. (b). Pub. L. 90-206, Sec. 214(n), substituted '$564' for '540'. Pub. L. 90-57 substituted in first sentence 'gross compensation' and '$540 per annum' for 'basic compensation' and '$120 per annum' and struck out 'if at the time of such payment the annual rate of basic compensation (exclusive of longevity compensation) of the position in which employed is less than $1,800, or $180 per annum if at such time such rate is $1,800 or more,' before 'for each five years of service'. 1964 - Subsec. (c). Pub. L. 88-454 repealed subsec. (c) which related to increases for members of Capitol Police. See section 60j-1 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Section 107(d) of Pub. L. 96-304 provided that: 'The amendments made by this section (amending this section and sections 60j-3 and 61-1 of this title) shall take effect on October 1, 1980.' EFFECTIVE DATE OF 1978 AMENDMENTS Section 110(b) of Pub. L. 95-391 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect on the first day of the first month which begins after the date of the enactment of this Act (Sept. 30, 1978). The gross compensation of employees entitled to longevity compensation on such first day under section 106 of the Legislative Branch Appropriation Act, 1963 (this section), shall be adjusted in accordance with the provisions of such section as amended by subsection (a). No increase in compensation by reason of such amendment shall take effect for any pay period beginning before such first day, and no monetary benefit by reason of such amendment shall accrue for any period before such first day.' Section 205 of Pub. L. 95-240 provided that the amendment made by that section is effective Oct. 1, 1977. EFFECTIVE DATE OF 1967 AMENDMENTS Amendment by Pub. L. 90-206 effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of Title 28, Judiciary and Judicial Procedure. Amendment by Pub. L. 90-57 effective Aug. 1, 1967, see section 105(k) of Pub. L. 90-57, set out as an Effective Date note under section 61-1 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-454 effective Sept. 1, 1964, see section 104(d) of Pub. L. 88-454, set out as an Effective Date note under section 60j-1 of this title. EFFECTIVE DATE Section 106(e) of Pub. L. 87-730 provided that: 'This section (enacting this section and amending section 60i of this title) shall become effective on September 1, 1962.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 60j-1, 60j-2, 60j-4, 61-1 of this title. ------DocID 7078 Document 171 of 1400------ -CITE- 2 USC Sec. 60j-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60j-1. Capitol Police longevity compensation -STATUTE- Any member of the Capitol Police who by reason of the provision repealed by subsection (b) was receiving immediately prior to September 1, 1964, longevity compensation provided by section 105 (FOOTNOTE 1) of the Legislative Branch Appropriation Act, 1959, shall, on and after September 1, 1964, receive in lieu thereof a longevity increase under section 60j(b) of this title, in addition to any other such increases (not to exceed three) to which he may otherwise be entitled under such section. In computing the length of service of such member for the purpose of such other increases, only service performed subsequent to the date on which he began receiving longevity compensation in accordance with such section 105 (FOOTNOTE 1) shall be counted. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Pub. L. 88-454, Sec. 104(c), Aug. 20, 1964, 78 Stat. 550.) -STATAMEND- INAPPLICABILITY OF SECTION TO CERTAIN EMPLOYEES ON AND AFTER OCTOBER 1, 1983 Section 60j of this title, referred to in text, 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 60j-4 of this title. -REFTEXT- REFERENCES IN TEXT The provision repealed by subsection (b), referred to in text, means subsec. (c) of section 60j of this title. Section 105 of the Legislative Branch Appropriation Act, 1959, referred to in text, is section 105 of Pub. L. 85-570, July 31, 1958, 72 Stat. 453, which was repealed by Pub. L. 87-730, Sec. 106(d), Oct. 2, 1962, 76 Stat. 695. -MISC2- EFFECTIVE DATE Section 104(d) of Pub. L. 88-454 provided that: 'This section (enacting this section and amending section 60j of this title) shall become effective on the first day of the month following the date of enactment of this Act (Aug. 20, 1964).' ------DocID 6924 Document 172 of 1400------ -CITE- 2 USC Sec. 9 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 9. Voting for Representatives -STATUTE- 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. -SOURCE- (R.S. Sec. 27; Feb. 14, 1899, ch. 154, 30 Stat. 836.) -COD- CODIFICATION R.S. Sec. 27 derived from acts Feb. 28, 1871, ch. 99, Sec. 19, 16 Stat. 440, and May 30, 1872, ch. 239, 17 Stat. 192. ------DocID 7080 Document 173 of 1400------ -CITE- 2 USC Sec. 60j-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60j-3. Repealed. Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189 -MISC1- Section, Pub. L. 95-391, title I, Sec. 109, Sept. 30, 1978, 92 Stat. 773; Pub. L. 96-304, title I, Sec. 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. 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. ------DocID 7081 Document 174 of 1400------ -CITE- 2 USC Sec. 60j-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60j-4. Longevity compensation not applicable to individuals paid by Secretary of Senate; savings provision -STATUTE- Section 60j of this title on or after October 1, 1983 shall not apply to any individual whose pay is disbursed by the Secretary of the Senate; except that, any individual who prior to such date was entitled to longevity compensation under such section on the basis of service performed prior to such date shall continue to be entitled to such compensation, but no individual shall accrue any longevity compensation on the basis of service performed on or after such date. -SOURCE- (Pub. L. 98-51, title I, Sec. 107, July 14, 1983, 97 Stat. 267.) -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984. ------DocID 7082 Document 175 of 1400------ -CITE- 2 USC Sec. 60k -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60k. Application of rights and protections of Fair Labor Standards Act of 1938 to Congressional and Architect of Capitol employees -STATUTE- (a) House employees (1) In general Not later than 180 days after the date the minimum wage rate prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is increased pursuant to the amendment made by section 2, the rights and protections under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall apply with respect to any employee in an employment position in the House of Representatives and to any employing authority of the House of Representatives. (2) Administration In the administration of this subsection, the remedies and procedures under the Fair Employment Practices Resolution shall be applied. As used in this paragraph, the term 'Fair Employment Practices Resolution' means House Resolution 558, One Hundredth Congress, agreed to October 4, 1988, as continued in effect by House Resolution 15, One Hundred First Congress, agreed to January 3, 1989. (b) Architect of Capitol employees Not later than 180 days after the date the minimum wage rate prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is increased pursuant to the amendment made by section 2, the rights and protections under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall apply with respect to individuals employed under the Office of the Architect of the Capitol. -SOURCE- (Pub. L. 101-157, Sec. 8, Nov. 17, 1989, 103 Stat. 944.) -REFTEXT- REFERENCES IN TEXT Section 2, referred to in text, is section 2 of Pub. L. 101-157, Nov. 17, 1989, 103 Stat. 938, which amended section 206(a)(1) of Title 29, Labor, to increase the minimum wage. The Fair Labor Standards Act of 1938, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (Sec. 201 et seq.) of Title 29. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. House Resolution 558, referred to in subsec. (a)(2), is set out below. -MISC2- FAIR EMPLOYMENT PRACTICES RESOLUTION House Resolution No. 558, One Hundredth Congress, Oct. 4, 1988, as continued in effect by House Resolution No. 15, One Hundred First Congress, Jan. 3, 1989, provided that: 'SECTION 1. SHORT TITLE. 'This resolution may be cited as the 'Fair Employment Practices Resolution'. 'SEC. 2. NONDISCRIMINATION IN HOUSE OF REPRESENTATIVES EMPLOYMENT. '(a) In General. - Personnel actions affecting employment positions in the House of Representatives shall be made free from discrimination based on race, color, national origin, religion, sex (including marital or parental status), handicap, or age. '(b) Interpretations. - Interpretations under subsection (a) shall reflect the principles of current law, as generally applicable to employment. '(c) Construction. - Subsection (a) does not prohibit the taking into consideration of - '(1) the domicile of an individual with respect to a position under the clerk-hire allowance; or '(2) the political affiliation of an individual with respect to a position under the clerk-hire allowance or a position on the staff of a committee. 'SEC. 3. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS. 'The procedure for consideration of alleged violations of section 2 consists of 3 steps as follows: '(1) Step I, Counseling and Mediation, as set forth in section 5. '(2) Step II, Formal Complaint, Hearing, and Review by the Office of Fair Employment Practices, as set forth in section 6. '(3) Step III, Final Review by Review Panel, as set forth in section 7. 'SEC. 4. ESTABLISHMENT OF OFFICE OF FAIR EMPLOYMENT PRACTICES. 'There is established an Office of Fair Employment Practices (hereafter in this resolution referred to as the 'Office'), which shall carry out functions assigned under this resolution. Employees of the Office shall be appointed by, and serve at the pleasure of, the Chairman and the ranking minority party member of the Committee on House Administration, acting jointly, and shall be under the administrative direction of the Clerk of the House of Representatives. The Office shall be located in the District of Columbia and shall begin operation not more than 30 days after the date on which this resolution is agreed to (Oct. 4, 1988). 'SEC. 5. STEP I: COUNSELING AND MEDIATION. '(a) Counseling. - An individual aggrieved by an alleged violation of section 2 may request counseling by counselors in the Office, who shall provide information with respect to rights and related matters under that section. A request for counseling shall be made not later than 180 days after the alleged violation and may be oral or written, at the option of the individual. The period for counseling is 30 days. The Office may not notify the employing authority of the counseling before the beginning of mediation or the filing of a formal complaint, whichever occurs first. '(b) Mediation. - If, after counseling, the individual desires to proceed, the Office shall attempt to resolve the alleged violation through mediation between the individual and the employing authority. 'SEC. 6. STEP II: FORMAL COMPLAINT, HEARING, AND REVIEW BY THE OFFICE OF FAIR EMPLOYMENT PRACTICES. '(a) Formal Complaint and Request for Hearing. - Not later than 15 days after the end of the counseling period, the individual may file a formal complaint with the Office. Not later than 10 days after filing the formal complaint, the individual may file with the Office a written request for a hearing on the complaint. '(b) Hearing. - The hearing shall be conducted - '(1) not later than 10 days after filing of the written request under subsection (a), except that the Office may authorize a delay of not more than 30 days for investigation; '(2) on the record by an employee of the Office; and '(3) to the greatest extent practicable, in accordance with the principles and procedures set forth in sections 555 and 556 of title 5, United States Code. '(c) Decision. - Not later than 20 days after the hearing, the Office shall issue a written decision to the parties. The decision shall clearly state the issues raised by the complaint, and shall contain a determination as to whether a violation of section 2 has occurred. 'SEC. 7. STEP III: FINAL REVIEW BY REVIEW PANEL. '(a) In General. - Not later than 20 days after issuance of the decision under section 6, any party may seek final review of the decision by filing a written request with the Office. The final review shall be conducted by a panel constituted at the beginning of each Congress and composed of - '(1) 2 elected officers of the House of Representatives, appointed by the Speaker; '(2) 2 employees of the House of Representatives appointed by the minority leader of the House of Representatives; '(3) 2 members of the Committee on House Administration (one of whom shall be appointed as chairman of the panel), appointed by the Chairman of that Committee; and '(4) 2 members of the Committee on House Administration, appointed by the ranking minority party member of that Committee. If any member of the panel withdraws from a particular review, the appointing authority for such member shall appoint another officer, employee, or Member of the House of Representatives, as the case may be, to be a temporary member of the panel for purposes of that review only. '(b) Review and Decision. - The review under this section shall consist of a hearing (conducted in the manner described in section 6(b)(3)), if such hearing is considered necessary by the panel, and an examination of the record, together with any statements or other documents the panel deems appropriate. A tie vote by the panel is an affirmation of the decision of the Office. The panel shall complete the review and submit a written decision to the parties and to the Committee on House Administration not later than 30 days after filing of the request under subsection (a). 'SEC. 8. RESOLUTION BY AGREEMENT. 'If, after a formal complaint is filed under section 6, the parties resolve the issues involved, the parties shall enter into a written agreement, which shall be effective - '(1) in the case of a matter under review by the Office under section 6, if approved by the Office; and '(2) in the case of a matter under review by a panel under section 7, if approved by the panel. 'SEC. 9. REMEDIES. 'The Office or a review panel, as the case may be, may order the following remedies: '(1) Monetary compensation, to be paid from the contingent fund of the House of Representatives. '(2) In the case of a serious violation, a payment in addition to compensation under paragraph (2), to be paid from the clerk-hire allowance of a Member of the House, or from personnel funds of a committee of the House or other entity, as appropriate. '(3) Injunctive relief. '(4) Costs and attorney fees. '(5) Employment, reinstatement to employment, or promotion (with or without back pay). 'SEC. 10. COSTS OF ATTENDING HEARINGS. 'An individual with respect to whom a hearing is held under this resolution shall be reimbursed for actual and reasonable costs of attending the hearing, if the individual resides outside the District of Columbia. 'SEC. 11. PROHIBITION OF INTIMIDATION. 'Any intimidation of, or reprisal against, any person by an employing authority because of the exercise of a right under this resolution is a violation of section 2. 'SEC. 12. CLOSED HEARINGS AND CONFIDENTIALITY. 'All hearings under this resolution shall be closed. All information relating to any procedure under this resolution is confidential, except that a decision of the Office under section 6 or a decision of a review panel under section 7 shall be published, if the decision constitutes a final disposition of the matter. 'SEC. 13. EXCLUSIVITY OF PROCEDURES AND REMEDIES. 'The procedures and remedies under this resolution are exclusive except to the extent that the Rules of the House of Representatives and the rules of the House Committee on Standards of Official Conduct provide for additional procedures and remedies. 'SEC. 14. DEFINITIONS. 'As used in this resolution - '(1) the term 'employment position' means, with respect to the House of Representatives, a position the pay for which is disbursed by the Clerk of the House of Representatives, and any employment position in a legislative service organization or other entity that is paid through funds derived from the clerk-hire allowance; '(2) the term 'employing authority' means, the Member of the House of Representatives or elected officer of the House of Representatives with the power to appoint the employee; '(3) the term 'Member of the House of Representatives' means a Representative in, or a Delegate or Resident Commissioner to, the Congress; and '(4) the term 'elected officer of the House of Representatives' means an elected officer of the House of Representatives (other than the Speaker and the Chaplain).' ------DocID 7083 Document 176 of 1400------ -CITE- 2 USC Sec. 61 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61. Limit on rate of compensation of Senate officers and employees -STATUTE- No officer or employee of the Senate shall receive pay for any services performed by him at any rate higher than that provided for the office or employment to which he has been regularly appointed. -SOURCE- (Aug. 5, 1882, ch. 390, Sec. 1, 22 Stat. 270.) -CROSS- CROSS REFERENCES Payment from House contingent fund of additional salary or compensation to House officers or employees, see section 95 of this title. ------DocID 7084 Document 177 of 1400------ -CITE- 2 USC Sec. 61-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61-1. Gross rate of compensation of employees paid by Secretary of Senate -STATUTE- (a) Annual rate; certification (1) Whenever the rate of compensation of any employee whose compensation is disbursed by the Secretary of the Senate is fixed or adjusted on or after October 1, 1980, such rate as so fixed or adjusted shall be at a single whole dollar per annum gross rate and may not include a fractional part of a dollar. (2) New or changed rates of compensation (other than changes in rates which are made by law) of any such employee (other than an employee who is an elected officer of the Senate) shall be certified in writing to the Disbursing Office of the Senate (and, for purposes of this paragraph, a new rate of compensation refers to compensation in the case of an appointment, transfer from one Senate appointing authority to another, or promotion by an appointing authority to a position the compensation for which is fixed by law). In the case of an appointment or other new rate of compensation, the certification must be received by such office on or before the day the rate of new compensation is to become effective. In any other case, the changed rate of compensation shall take effect on the first day of the month in which such certification is received (if such certification is received within the first ten days of such month), on the first day of the month after the month in which such certification is received (if the day on which such certification is received is after the twenty-fifth day of the month in which it is received), and on the sixteenth day of the month in which such certification is received (if such certification is received after the tenth day and before the twenty-sixth day of such month). Notwithstanding the preceding sentence, if the certification for a changed rate of compensation for an employee specifies an effective date of such change, such change shall become effective on the date so specified, but only if the date so specified is the first or sixteenth day of a month and is after the effective date prescribed in the preceding sentence; and, notwithstanding such sentence and the preceding provisions of this sentence, any changed rate of compensation for a new employee or an employee transferred from one appointing authority to another shall take effect on the date of such employee's appointment or transfer (as the case may be) if such date is later than the effective date for such changed rate of compensation as prescribed by such sentence. (b) Conversion; increase in compensation The rate of compensation of each employee whose compensation is disbursed by the Secretary of the Senate which was fixed before August 1, 1967, at a basic rate with respect to which additional compensation is payable by law shall be converted as of such date to the lowest per annum gross rate which is a multiple of $180 and which is not less than the aggregate rate of compensation (basic compensation plus additional compensation provided by law) which such employee was receiving immediately prior to such date. Any increments of longevity compensation to which an employee became entitled prior to August 1, 1967, under section 60j(b) of this title shall be excluded in converting such employee's rate of compensation under this subsection, but such employee's rate of gross compensation shall be increased by $540 (which shall be considered to be an increase under section 60j(b) of this title) for each such increment. (c) Reference in other provisions to basic rates and additional compensation as reference to per annum gross rate In any case in which the rate of compensation of any employee or position, or class of employees or positions, the compensation for which is disbursed by the Secretary of the Senate, or any maximum or minimum rate with respect to any such employee, position, or class, is referred to in or provided by statute or Senate resolution, and the rate so referred to or provided is a basic rate with respect to which additional compensation is provided by law, such statutory provision or resolution shall be deemed to refer, in lieu of such basic rate, to the per annum gross rate which an employee receiving such basic rate immediately prior to August 1, 1967, would receive (without regard to such statutory provision or resolution) under subsection (b) of this section on and after such date. (d) Compensation of employees in office of Senator; limitation; titles of positions (1)(A) Except as is otherwise provided in subparagraphs (B) and (C), the aggregate of gross compensation paid employees in the office of a Senator shall not exceed during each fiscal year the following: $847,410 if the population of his State is less than 1,000,000; $888,579 if such population is 1,000,000 but less than 2,000,000; $929,747 if such population is 2,000,000 but less than 3,000,000; $970,915 if such population is 3,000,000 but less than 4,000,000; $1,012,083 if such population is 4,000,000 but less than 5,000,000; $1,053,250 if such population is 5,000,000 but less than 6,000,000; $1,094,419 if such population is 6,000,000 but less than 7,000,000; $1,135,587 if such population is 7,000,000 but less than 8,000,000; $1,176,755 if such population is 8,000,000 but less than 9,000,000; $1,217,923 if such population is 9,000,000 but less than 10,000,000; $1,259,091 if such population is 10,000,000 but less than 11,000,000; $1,300,259 if such population is 11,000,000 but less than 12,000,000; $1,341,427 if such population is 12,000,000 but less than 13,000,000; $1,382,595 if such population is 13,000,000 but less than 14,000,000; $1,423,763 if such population is 14,000,000 but less than 15,000,000; $1,464,932 if such population is 15,000,000 but less than 16,000,000; $1,506,100 if such population is 16,000,000 but less than 17,000,000; $1,547,268 if such population is 17,000,000 but less than 18,000,000; $1,573,605 if such population is 18,000,000 but less than 19,000,000; $1,599,944 if such population is 19,000,000 but less than 20,000,000; $1,626,282 if such population is 20,000,000 but less than 21,000,000; $1,652,621 if such population is 21,000,000 but less than 22,000,000; $1,678,960 if such population is 22,000,000 but less than 23,000,000; $1,705,298 if such population is 23,000,000 but less than 24,000,000; $1,731,636 if such population is 24,000,000 but less than 25,000,000; $1,757,974 if such population is 25,000,000 but less than 26,000,000; $1,784,313 if such population is 26,000,000 but less than 27,000,000; $1,810,651 if such population is 27,000,000 but less than 28,000,000; and $1,836,990 if such population is 28,000,000 or more. For any fiscal year, the population of a State shall be deemed to be whichever of the following is the higher: (I) the population of such State (as determined for purposes of this paragraph) for the preceding fiscal year; or (II) the population of such State as of the first day of such fiscal year, as determined by the latest census (provisional or otherwise) conducted prior to such first day by the Bureau of the Census within the Department of Commerce. If the population of any State, as determined under the preceding sentence, is not evenly divisible by 1,000,000, the population of such State shall be deemed to be increased to the next higher multiple of 1,000,000. If, for any period after a fiscal year has begun, the census figures of the most recent census conducted prior to the first day of such year have not been officially released, then, for such period, in the administration of this paragraph, it shall be assumed that the population of each State is the same as such State's population (as determined for purposes of this paragraph) for the preceding fiscal year. In the event that the term of office of a Senator begins after the first month of a fiscal year or ends (except by reason of death, resignation, or expulsion) before the last month of a fiscal year, the aggregate amount available for gross compensation of employees in the office of such Senator for such year shall be the applicable amount contained in the preceding table, divided by 12, and multiplied by the number of months in such year which are included in the Senator's term of office, counting any fraction of a month as a full month. (B) In the case of gross compensation paid to employees in the office of a Senator for the period commencing January 1, 1988, and ending September 30, 1988, the total of - (i) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such period, plus (ii) the expenses paid to or on behalf of such Senator under authority of section 58 of this title (as determined after application of subsection (b) of such section, but without regard to paragraph (2)(A)(iv) thereof), shall not exceed the aggregate of - (iii) subject to the next sentence, the amount by which (I) the aggregate of the gross compensation which may be paid to employees in the office of such Senator for the fiscal year ending September 30, 1988, as determined under this subsection (but without regard to this subparagraph), exceeds (II) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for that part of such fiscal year which precedes January 1, 1988, plus (iv) the amount described in section 58(b)(2)(A)(iii) of this title. In the event that the term of office of a Senator begins after the first month of the period which commences January 1, 1988, and ends September 30, 1988, or ends (except by reason of death, resignation, or expulsion) before the last month of such period, the amount computed pursuant to clause (iii) of this subparagraph (but before application of this sentence) shall be recalculated as follows: such amount, as so computed, shall be divided by 9, and multiplied by the number of months in such period which are included in the Senator's term of office, counting any fraction of a month as a full month. (C) In the case of gross compensation paid to employees in the office of a Senator for the fiscal year beginning October 1, 1988, or any fiscal year thereafter, the total of - (i) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such year, plus (ii) the expenses paid to or on behalf of such Senator under authority of section 58 of this title (as determined after application of subsection (b) of such section, but without regard to paragraph (3)(A)(ii) and (iv) thereof), shall not exceed the aggregate of - (iii) the amount determined under subparagraph (A) for such year, plus (iv) the amount described in section 58(b)(3) of this title (as determined without regard to subparagraph (A)(ii) and (iv) thereof). (2) Within the limits prescribed by paragraph (1) of this subsection, Senators may fix the number and the rates of compensation of employees in their respective offices. The salary of an employee in a Senator's office shall not be fixed under this paragraph at a rate less than $1,530 or in excess of $97,359 per annum. A Senator may establish such titles for positions in his office as he may desire to designate, by written notification to the disbursing office of the Senate. (e) Gross rate of compensation of employee of committee of Senate employed by joint committee, select committee, or standing committee (1), (2) Repealed. Pub. L. 96-304, title I, Sec. 112(b)(1), July 8, 1980, 94 Stat. 892. (3) No employee of a committee of the Senate shall be paid at a gross rate in excess of $96,864, in case of an employee of a joint committee the expenses of which are paid from the contingent fund of the Senate, $97,359, in case of an employee of a select committee (including the conference majority and conference minority of the Senate), or $99,215, in case of an employee of any standing committee (including the majority and minority policy committees) of the Senate. For the purpose of this paragraph, an employee of a subcommittee shall be considered to be an employee of the full committee. (f) General limitation No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid gross compensation at a rate less than $1,530 or in excess of $97,359 unless expressly authorized by law. (g) Conversion of compensation of Capitol telephone exchange operators and Capitol Police paid by Clerk of House The rate of compensation of each telephone operator on the United States Capitol telephone exchange and each member of the Capitol Police, whose compensation is disbursed by the Clerk of the House of Representatives shall be converted to a gross rate in accordance with the provisions of this section. -SOURCE- (Pub. L. 90-57, Sec. 105(a)-(f), (j), July 28, 1967, 81 Stat. 141-144; Pub. L. 90-206, title II, Sec. 214 (j)-(l), Dec. 16, 1967, 81 Stat. 637; Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 340; Pub. L. 91-510, title III, Sec. 305, Oct. 26, 1970, 84 Stat. 1181; Pub. L. 91-656, Sec. 4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 633; Pub. L. 92-607, ch. V, Sec. 505, Oct. 31, 1972, 86 Stat. 1505; Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93-245, ch. VI, Jan. 3, 1974, 87 Stat. 1078; Pub. L. 93-255, Sec. 1, Mar. 27, 1974, 88 Stat. 52; Pub. L. 93-371, Sec. 6, Aug. 13, 1974, 88 Stat. 430; Pub. L. 94-59, title I, Sec. 102, July 25, 1975, 89 Stat. 274; Pub. L. 94-440, title I, Sec. 101(a), Oct. 1, 1976, 90 Stat. 1443; Pub. L. 95-94, title I, Sec. 111(d), Aug. 5, 1977, 91 Stat. 663; Pub. L. 95-391, title I, Sec. 104(b), Sept. 30, 1978, 92 Stat. 772; Pub. L. 95-482, Sec. 112, Oct. 18, 1978, 92 Stat. 1605; Pub. L. 96-304, title I, Sec. 107(a), 112(b)(1), July 8, 1980, 94 Stat. 890, 892; Pub. L. 98-181, title I, Sec. 1203(a), Nov. 30, 1983, 97 Stat. 1289; Pub. L. 98-367, title I, Sec. 3(a), 12(a), (b), July 17, 1984, 98 Stat. 475, 476; Pub. L. 100-71, title I, Sec. 3(a), July 11, 1987, 101 Stat. 423; Pub. L. 100-137, Sec. 1(c)(1), Oct. 21, 1987, 101 Stat. 818; Pub. L. 100-202, Sec. 101(i) (title I, Sec. 1(a)), Dec. 22, 1987, 101 Stat. 1329-290, 1329-293.) -COD- CODIFICATION Section is comprised of subsecs. (a) to (f) and (j) of section 105 of Pub. L. 90-57. Other subsections of such section 105 provided as follows: subsecs. (g) and (h) amended section 60j(b) of this title and section 5533(c) of title 5, respectively; subsec. (i) repealed sections 60f, 72a-1, 72a-1a, and 72a-4 of this title and amended provisions set out as a note under section 60a-1 of this title; subsec. (k) is set out as an Effective Date note below. -MISC3- AMENDMENTS 1991 - Subsec. (d)(1)(A). The table was revised upward, effective Jan. 1, 1991, by section 6(b) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, set out as a note under section 60a-1 of this title. Prior to such upward revision, the table was set out as follows: '$814,034 if the population of his State is less than 1,000,000; '$853,582 if such population is 1,000,000 but less than 2,000,000; '$893,128 if such population is 2,000,000 but less than 3,000,000; '$932,675 if such population is 3,000,000 but less than 4,000,000; '$972,221 if such population is 4,000,000 but less than 5,000,000; '$1,011,767 if such population is 5,000,000 but less than 6,000,000; '$1,051,315 if such population is 6,000,000 but less than 7,000,000; '$1,090,861 if such population is 7,000,000 but less than 8,000,000; '$1,130,408 if such population is 8,000,000 but less than 9,000,000; '$1,169,954 if such population is 9,000,000 but less than 10,000,000; '$1,209,501 if such population is 10,000,000 but less than 11,000,000; '$1,249,048 if such population is 11,000,000 but less than 12,000,000; '$1,288,594 if such population is 12,000,000 but less than 13,000,000; '$1,328,141 if such population is 13,000,000 but less than 14,000,000; '$1,367,687 if such population is 14,000,000 but less than 15,000,000; '$1,407,235 if such population is 15,000,000 but less than 16,000,000; '$1,446,781 if such population is 16,000,000 but less than 17,000,000; '$1,486,328 if such population is 17,000,000 but less than 18,000,000; '$1,511,628 if such population is 18,000,000 but less than 19,000,000; '$1,536,929 if such population is 19,000,000 but less than 20,000,000; '$1,562,230 if such population is 20,000,000 but less than 21,000,000; '$1,587,532 if such population is 21,000,000 but less than 22,000,000; '$1,612,833 if such population is 22,000,000 but less than 23,000,000; '$1,638,134 if such population is 23,000,000 but less than 24,000,000; '$1,663,435 if such population is 24,000,000 but less than 25,000,000; '$1,688,735 if such population is 25,000,000 but less than 26,000,000; '$1,714,037 if such population is 26,000,000 but less than 27,000,000; '$1,739,338 if such population is 27,000,000 but less than 28,000,000; and '$1,764,639 if such population is 28,000,000 or more.' Subsec. (d)(2). Figures '$1,469' and '$84,959' increased, effective Jan. 1, 1991, to '$1,530' and '$97,359', respectively, see section 6(c) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, set out as a note under section 60a-1 of this title. Subsec. (e)(3). Figures '$84,464', '$84,959', and '$86,815' (as increased to '$93,364', '$93,859', and '$95,715', respectively) to be deemed to refer, effective Jan. 1, 1991, to the figures '$96,864', '$97,359', and '$99,215', respectively, see section 5(b) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,469' and '$84,959' (as increased to $93,859) to be deemed to refer, effective Jan. 1, 1991, to the figures '$1,530' and '$97,359', respectively, see section 7(a), (b) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, set out as a note under section 60a-1 of this title. 1990 - Subsec. (d)(1)(A). The table was revised upward, effective Jan. 1, 1990, by section 6(b) of Salary Directive of President pro tempore of the Senate, Dec. 21, 1989, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figure '$1,417' increased, effective Jan. 1, 1990, to '$1,469', see section 6(c) of Salary Directive of President pro tempore of the Senate, Dec. 21, 1989, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figure '$1,417' to be deemed to refer, effective Jan. 1, 1990, to figure '$1,469', see section 7(a) of Salary Directive of President pro tempore of the Senate, Dec. 21, 1989, formerly set out as a note under section 60a-1 of this title. 1989 - Subsec. (d)(1)(A). The table was revised upward, effective Jan. 1, 1989, by section 6(b) of Salary Directive of President pro tempore of the Senate, Dec. 9, 1988, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figure '$1,361' increased, effective Jan. 1, 1989, to '$1,417', see section 6(c) of Salary Directive of President pro tempore of the Senate, Dec. 9, 1988, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figure '$1,361' to be deemed to refer, effective Jan. 1, 1989, to figure '$1,417', see section 7(a) of Salary Directive of President pro tempore of the Senate, Dec. 9, 1988, formerly set out as a note under section 60a-1 of this title. 1988 - Subsec. (d)(1)(A). The table was revised upward, effective Jan. 1, 1988, by section 6(b) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1988, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,334' and '$72,676' increased, effective Jan. 1, 1988, to '$1,361' and '$84,959', respectively, see section 6(c) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1988, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3). Figures '$72,166', '$72,676', and '$74,588' (as increased to '$78,545', '$79,100', and '$81,181', respectively) to be deemed to refer, effective Jan. 1, 1988, to the figures '$84,464', '$84,959', and '$86,815', respectively, see section 5(b) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1988, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,334' and '$72,676' to be deemed to refer, effective Jan. 1, 1988, to the figures '$1,361' and '$84,959', respectively, see section 7(a), (b) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1988, formerly set out as a note under section 60a-1 of this title. 1987 - Subsec. (d)(1). Pub. L. 100-202 amended table and sentence immediately following table generally. Pub. L. 100-137, Sec. 1(c)(1), designated existing provisions of par. (1) as subpar. (A), substituted 'Except as otherwise provided in subparagraphs (B) and (C), the' for 'The' in provision preceding table, and added subpars. (B) and (C). Pub. L. 100-71 substituted 'less than 6,000,000' for 'less than 7,000,000' and inserted '$931,810 if such population is 6,000,000 but less than 7,000,000;'. The table was revised upward, effective Jan. 1, 1987, by section 6(b) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,295' and '$70,559' increased, effective Jan. 1, 1987, to '$1,334' and '$72,676', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3). Figures '$70,064', '$70,559', and '$72,415' to be deemed to refer, effective Jan. 1, 1987, to the figures '$72,166', '$72,676', and '$74,588', respectively, see section 5(b)(1) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,295' and '$70,559' to be deemed to refer, effective Jan. 1, 1987, to the figures '$1,334' and '$72,676', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title. 1985 - Subsec. (d)(1). The table was revised upward, effective Jan. 1, 1985, by section 6(b) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,251' and '$68,172' increased, effective Jan. 1, 1985, to '$1,295' and '$70,559', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3). Figures '$67,694', '$68,172', and '$69,966' to be deemed to refer, effective Jan. 1, 1985, to the figures '$70,064', '$70,559', and '$72,415', respectively, see section 5(b)(1) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,251' and '$68,172' to be deemed to refer, effective Jan. 1, 1985, to the figures '$1,295' and '$70,559', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985, formerly set out as a note under section 60a-1 of this title. 1984 - Subsec. (d)(1). Pub. L. 98-367, Sec. 3(a), struck out subpar. (A) designation, substituted 'In the event that the term of office of a Senator begins after the first month of a fiscal year or ends (except by reason of death, resignation, or expulsion) before the last month of a fiscal year, the aggregate amount available for gross compensation of employees in the office of such Senator for such year shall be the applicable amount contained in the table included in the preceding sentence, divided by 12, and multiplied by the number of months in such year which are included in the Senator's term of office, counting any fraction of a month as a full month' for 'In any fiscal year in which a Senator does not hold the office of Senator at least part of each month of that year, the aggregate amount available for gross compensation of employees in the office of that Senator shall be the applicable amount contained in the table included in this subparagraph, divided by 12, and multiplied by the number of months the Senator holds such office during that fiscal year, counting any fraction of a month as a full month', and struck out subpar. (B), which provided that the aggregate of payments of gross compensation made to employees in the office of a Senator during each fiscal year would not exceed at any time during such fiscal year one-twelfth of the applicable amount contained in the table included in former subpar. (A) multiplied by the number of months (counting a fraction of a month as a month) elapsing from the first month in that fiscal year in which the Senator held the office of Senator through the end of the current month for which the payment of gross compensation was to be made. Subsec. (d)(1)(A). The table was revised upward, effective Jan. 1, 1984, by section 6(b) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Pub. L. 98-367, Sec. 12(a), substituted 'The salary of an employee in a Senator's office shall not be fixed under this paragraph at a rate less than $1,251 or in excess of $68,172 per annum' for 'The salary of an employee in a Senator's office shall not be fixed under this paragraph at a rate less than $1,251 per annum or in excess of $40,721 per annum except that (i) the salaries of three employees may be fixed at rates of not more than $64,106 per annum, (ii) the salaries of five employees may be fixed at rates of not more than $64,704 per annum, and (iii) the salary of one employee may be fixed at a rate of not more than $68,172 per annum'. Figures '$1,202', '$39,154', '$71,101', '$68,938', and '$72,061' increased, effective Jan. 1, 1984, to '$1,251', '$40,721', '$64,106', '$64,704', and '$68,172', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3). Pub. L. 98-367, Sec. 12(b), substituted 'No employee of a committee of the Senate shall be paid at a gross rate in excess of $67,694, in case of an employee of a joint committee the expenses of which are paid from the contingent fund of the Senate, $68,172, in case of an employee of a select committee (including the conference majority and conference minority of the Senate), or $69,966, in case of an employee of any standing committee (including the majority and minority policy committees) of the Senate' for 'No employee of any standing or select committee of the Senate (including the majority and minority policy committees and the conference majority and conference minority of the Senate), or of any joint committee the expenses of which are paid from the contingent fund of the Senate, shall be paid at a gross rate in excess of $64,106 per annum, except that (A) two employees of any such committee (other than the Committee on Appropriations), who are otherwise authorized to be paid at such rate, may be paid at gross rates not in excess of $65,661 per annum, and four such employees may be paid at gross rates not in excess of $69,966 per annum; and (B) sixteen employees of the Committee on Appropriations who are otherwise authorized to be paid at such rate, may be paid at gross rates not in excess of $65,661 per annum, and five such employees may be paid at gross rates not in excess of $69,966 per annum'. Figures '$71,101', '$73,983', and '$78,066' (as reduced to '$61,640', '$63,135', and '$67,275', respectively, by section 304 of Pub. L. 98-51, 5 U.S.C. 5318 note) to be deemed to refer, effective Jan. 1, 1984, to the figures '$64,106', '$65,661', and '$69,966', respectively, see section 5(b)(1) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figure '$1,202' to be deemed to refer, effective Jan. 1, 1984, to the figure '$1,251', see section 7(a) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under section 60a-1 of this title. Figure '$78,066' (as reduced to '$65,550' by section 304 of Pub. L. 98-51, 5 U.S.C. 5318 note) to be deemed to refer, effective Jan. 1, 1984, to the figure '$68,172', see section 7(b)(1) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under section 60a-1 of this title. 1983 - Subsec. (a)(2). Pub. L. 98-181 amended par. (2) generally. Prior to amendment par. (2) read: 'New or changed rates of compensation of any such employees shall be certified in writing to the disbursing office of the Senate on or before the day on which they are to become effective, except that in the case of any change, other than an appointment, to become effective on or after the first day and prior to the tenth day of any month, such certification may be made at any time not later than the tenth day of such month.' 1982 - Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1982, by section 6(b) of the Salary Directive of the President pro tempore of the Senate, Oct. 1, 1982, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,155', '$37,648', '$68,366', '$66,286', and '$69,289' increased, effective Oct. 1, 1982, to '$1,202', '$39,154', '$71,101', '$68,938', and '$72,061', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3). Figures '$68,366', '$71,137', and '$75,063' to be deemed to refer, effective Oct. 1, 1982, to the figures '$71,101', '$73,983', and '$78,066', respectively, see section 5(b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,155' and '$75,063' to be deemed to refer, effective Oct. 1, 1982, to the figures '$1,202' and '$78,066', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982, formerly set out as a note under section 60a-1 of this title. 1981 - Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1981, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,102', '$35,923', '$63,250', and '$66,115' increased, effective Oct. 1, 1981, to the figures '$1,155', '$37,648', '$66,286', and '$69,289', respectively, and '$68,366 per annum' substituted for 'the rate referred to in that portion of subsection (e)(3) of this section preceding subparagraph (A)', see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3). Figures '$65,234', '$67,878', and '$71,625' to be deemed to refer, effective Oct. 1, 1981, to the figures '$68,366', '$71,137', and '$75,063', respectively, see section 5(b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,102' and '$71,625' to be deemed to refer, effective Oct. 1, 1981, to the figures '$1,155' and '$75,063', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981, formerly set out as a note under section 60a-1 of this title. 1980 - Subsec. (a)(1). Pub. L. 96-304, Sec. 107(a), substituted 'October 1, 1980, such rate as so fixed or adjusted shall be at a single whole dollar per annum gross rate and may not include a fractional part of a dollar' for 'August 1, 1967, such rate as so fixed or adjusted shall be a single per annum gross rate which is a multiple of $202'. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1980, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Pub. L. 96-304, Sec. 112(b)(1), substituted 'that portion of subsection (e)(3) of this section preceding subparagraph (A)' for 'subsection (e)(1) of this section'. Figures '$1,010', '$32,926', '$57,974', and '$60,600' increased, effective Oct. 1, 1980, to the figures '$1,102', '$35,923', '$63,250', and '$66,115', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Pub. L. 96-304, Sec. 112(b)(1), struck out par. (1) which provided that the professional staff members of standing committees of the Senate receive gross annual compensation to be fixed by the chairman at not to exceed $65,234, and par. (2) which provided that the rates of gross compensation of the clerical staff of each standing committee of the Senate, as fixed by the chairman, be for each committee, other than the Committee on Appropriations, one chief clerk and one assistant chief clerk at not to exceed $65,234, and not to exceed four other clerical assistants at not to exceed $26,006, and for the Committee on Appropriations, one chief clerk and one assistant chief clerk and two assistant clerks at not to exceed $65,234, such assistant clerks as may be necessary at not to exceed $39,228, and such other clerical assistants as may be necessary at not to exceed $26,006. Figures '$23,836', '$35,956', '$59,792', '$62,216', and '$65,650' to be deemed to refer, effective Oct. 1, 1980, to the figures '$26,006', '$39,228', '$65,234', '$67,878' and '$71,625', respectively, see section 5(b)(1), (2) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,010' and '$65,650' to be deemed to refer, effective Oct. 1, 1980, to the figures '$1,102' and '$71,625', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980, formerly set out as a note under section 60a-1 of this title. 1979 - Subsec. (a)(1). Figure '202' was substituted for figure '189' to reflect the use of the figure '202' as the multiple used for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Oct. 13, 1979, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1979, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,134', '$30,807', '$54,243', and '$56,700' increased, effective Oct. 1, 1979, to the figures '$1,010', '$32,926', '$57,974', and '$60,600', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$22,302', '$33,642', '$55,944', '$58,212', and '$61,425' to be deemed to refer, effective Oct. 1, 1979, to the figures '$23,836', '$35,956', '$59,792', '$62,216', and '$65,650', respectively, see section 5(b)(1), (2), of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,134' and '$61,425' to be deemed to refer, effective Oct. 1, 1979, to the figures '$1,010' and '$65,650', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979, formerly set out as a note under section 60a-1 of this title. 1978 - Subsec. (a)(1). Figure '189' was substituted for figure '179' to reflect the use of the figure '189' as the multiple used for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Oct. 9, 1978, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1978, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978, formerly set out as a note under section 60a-1 of this title. Pub. L. 95-391 inserted item in the table added by section 6(b) of Salary Directive of President pro tempore of the Senate dated Sept. 29, 1977, providing that the aggregate of gross compensation paid employees in the office of a Senator not exceed $664,627 if the population of that Senator's State is 8,000,000 but less than 9,000,000. Subsec. (d)(2). Figures '$1,074', '$29,177', '$51,373', and '$53,700' increased, effective Oct. 1, 1978, to the figures '$1,134', '$30,807', '$54,243', and '$56,700', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$21,122', '$31,862', '$52,984', '$55,132', and '$58,175' to be deemed to refer, effective Oct. 1, 1978, to the figures '$22,302', '$33,642', '$55,944', '$58,212', and '$61,425', respectively, see section 5(b)(1), (2) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3)(A). Pub. L. 95-482, Sec. 112(1), (2), substituted 'two employees' for 'four employees' and 'four such employees' for 'two such employees'. Subsec. (e)(3)(B). Pub. L. 95-482, Sec. 112(3), substituted 'five such employees' for 'three such employees'. Subsec. (f). Figures '$1,074' and '$58,175' to be deemed to refer, effective Oct. 1, 1978, to the figures '$1,134' and '$61,425', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978, formerly set out as a note under section 60a-1 of this title. 1977 - Subsec. (a)(1). Figure '179' was substituted for figure '167' to reflect the use of the figure '179' as the multiple used for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Sept. 29, 1977, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1977, by section 6(b) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,169', '$27,221', '$47,929', and '$50,100' increased, effective Oct. 1, 1977, to the figures '$1,074', '$29,177', '$51,373', and '$53,700', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977, formerly set out as a note under section 60a-1 of this title. Pub. L. 95-94 added cl. (i). Former cls. (i) and (ii) were redesignated (ii) and (iii), respectively. Subsec. (e). Figures '$19,706', '$29,726', '$49,432', '$51,436', and '$54,275' to be deemed to refer, effective Oct. 1, 1977, to the figures '$21,122', '$31,862', '$52,984', '$55,132', and '$58,175', respectively, see section 5(b)(1), (2) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,169' and '$54,275' to be deemed to refer, effective Oct. 1, 1977, to the figures '$1,074' and '$58,175', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977, formerly set out as a note under section 60a-1 of this title. 1976 - Subsec. (a)(1). Figure '167' was substituted for figure '159' to reflect the use of the figure '167' as the multiple used for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). Pub. L. 94-440 substituted 'fiscal year' for 'calendar year' wherever appearing. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1976, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,113', '$25,440', '$43,407', and '$45,315' increased, effective Oct. 1, 1976, to the figures '$1,169', '$27,221', '$47,929', and '$50,100', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$18,762', '$27,666', '$44,679', '$46,587', and '$48,653' to be deemed to refer, effective Oct. 1, 1976, to the figures '$19,706', '$29,726', '$49,432', '$51,436', and '$54,275', respectively, see section 5(b)(1), (2), of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,113' and '$48,654' to be deemed to refer, effective Oct. 1, 1976, to the figures '$1,169' and '$54,275', respectively, see section 7(a), (b)(1), of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under section 60a-1 of this title. 1975 - Subsec. (a)(1). Figure '$159' was substituted for figure '$151' to reflect the use of the figure '$159' as the multiple used for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Oct. 2, 1975, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1975, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975, formerly set out as a note under section 60a-1 of this title. Pub. L. 94-59 revised upward, effective July 1, 1975, the table covering the aggregate gross compensation paid employees in the office of a Senator. Subsec. (d)(2). Figures '$1,057', '$24,160', '$41,223', and '$43,035' increased, effective Oct. 1, 1975, to the figures '$1,113', '$25,440', '$43,407', and '$45,315', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$17,818', '$26,274', '$42,431', '$44,243', and '$46,206' to be deemed to refer, effective Oct. 1, 1975, to the figures '$18,762', '$27,666', '$44,679', '$46,587', and '$48,653', respectively, see section 5(b)(1), (2), of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,057' and '$46,206' to be deemed to refer, effective Oct. 1, 1975, to the figures '$1,113' and '$48,654', respectively, see section 7(a), (b)(1), of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975, formerly set out as a note under section 60a-1 of this title. 1974 - Subsec. (a)(1). Figure '$151' was substituted for figure '$285' to reflect the use of the figure '$151' as the multiple for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Oct. 7, 1974, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1974, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974, formerly set out as a note under section 60a-1 of this title. Pub. L. 93-371 revised upward, effective July 1, 1974, the table covering the aggregate per annum gross rates of compensation of employees in the office of a Senator. Subsec. (d)(2). Figures '$1,140,' '$22,800,' '$39,045,' and '$40,755' increased, effective Oct. 1, 1974, to the figures '$1,057,' '$24,160,' '$41,223,' and '$43,035,' respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$16,815,' '$24,795,' '$40,185,' '$41,895,' and '$43,890' to be deemed to refer, effective Oct. 1, 1974, to the figures '$17,818,' '$26,274,' '$42,431,' '$44,243,' and '$46,206,' respectively, see section 5(b)(1), (2), of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(1). Pub. L. 93-245 and Pub. L. 93-255 substituted 'at not to exceed' for 'ranging from $18,525 to'. Subsec. (e)(2)(A). Pub. L. 93-245 substituted 'not to exceed' for '$8,265 to'. Subsec. (e)(2)(B). Pub. L. 93-245 substituted 'not to exceed' for '$18,240 to', '$14,250 to', and '$8,265 to'. Subsec. (f). Figures '$1,140' and '$43,890' to be deemed to refer, effective Oct. 1, 1974, to the figures '$1,057' and '$46,206,' respectively, see section 7(a), (b)(1), of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974, formerly set out as a note under section 60a-1 of this title. 1973 - Subsec. (a)(1). Figure '$285' was substituted for figure '$272' to reflect the use of the figure '$285' as the multiple for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Oct. 4, 1973, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). The table was revised upward, effective Oct. 1, 1973, pursuant to Pub. L. 91-656, see section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973, formerly set out under section 60a-1 of this title. Pub. L. 93-145 revised upward, retroactive to July 1, 1973, the table covering the aggregate per annum gross rates of compensation of employees in the office of a Senator and, effective Jan. 1, 1974, designated such revised table as subpar. (A), added subpar. (B), and in subpar. (A) as so designated added following the table provisions covering calendar years in which a Senator does not hold the office of Senator at least part of each month for that year. Subsec. (d)(2). Salary dollar limits were modified upward, effective Oct. 1, 1973, so as to substitute '$1,140' for '$1,128', '$22,800' for '$15,040', '$39,045' for '$24,400', and '$40,755' for '$25,568' pursuant to Pub. L. 91-656, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973, formerly set out under section 60a-1 of this title. Pub. L. 93-145 raised from $23,652 to $24,400 in the case of two employees and from $23,312 to $24,400 in the case of one employee the maximum figure at which the salaries of such employees in a Senator's office may be set, raising thereby from two to five the number of employees in a Senator's office whose gross rates salary may be fixed at $24,400 per annum. Subsec. (e). Figures '$18,525', '$40,185', '$8,265', '$14,250', '$24,795', '$16,815', '$18,240', '$41,895', and '$43,890' were substituted for figures '$18,496', '$38,352', '$8,160', '$14,144', '$23,664', '$16,048', '$18,224', '$39,984', and '$41,616', respectively, pursuant to Pub. L. 91-656, see section 5(b) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973, formerly set out under section 60a-1 of this title, which directed that the latter set of figures enumerated herein as appearing in subsec. (e) be deemed to refer to the former set of enumerated figures, effective Oct. 1, 1973. Subsec. (e)(2)(B). Pub. L. 93-145 substituted '$18,224' for '$20,400'. Subsec. (f). Figures '$1,140' and '$43,890' were substituted for '$1,088' and '$41,616', respectively, pursuant to Pub. L. 91-656, see section 7 of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973, formerly set out as a note under section 60a-1 of this title, under which the latter enumerated figures were to be deemed to refer to the former enumerated figures, effective Oct. 1, 1973. 1972 - Subsec. (a)(1). Figure '$272' was substituted for figure '$259' to reflect the use of the figure '$272' as the multiple for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). The table was revised upward, effective Jan. 1, 1973, by Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,295,' '$20,720,' '$27,972,' '$33,929,' '$35,483,' and '$37,037' to be deemed to refer, effective Jan. 1, 1973, to the figures '$1,088,' '$21,760,' '$29,376,' '$35,632,' '$37,264,' and '$38,896,' respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$8,288,' '$15,281,' '$14,245,' '$18,648,' '$22,533,' '$20,461,' '$36,519,' '$38,073,' and '$39,627' to be deemed to refer, effective Jan. 1, 1973, to the figures '$8,160,' '$16,048,' '$14,144,' '$18,496,' '$23,664,' '$20,400,' '$38,352,' '$39,984,' and '$41,616,' respectively, see section 5(b) of Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, formerly set out as a note under section 60a-1 of this title. Pub. L. 92-607 substituted 'three such employees' for 'two such employees' in par. (3)(B). Subsec. (f). Figures '$1,088' and '$41,616' were substituted for '$1,295' and '$39,627', respectively, pursuant to Pub. L. 91-656, see section 7 of Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, formerly set out as a note under section 60a-1 of this title, under which the latter enumerated figures were to be deemed to refer to the former enumerated figures. 1971 - Subsec. (a)(1). Figure '$259' was substituted for figure '$246' to reflect the use of the figure '$259' as the multiple for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under section 60a-1 of this title. Figure '$246' was substituted for figure '$188' to reflect the use of the figure '$246' as the multiple for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). The table was revised upward, effective Jan. 1, 1972, by Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under section 60a-1 of this title. Pub. L. 92-184 revised upward, effective Jan. 1, 1972, the table covering the aggregate per annum gross rates of compensation of employees in the office of a Senator. The table was revised upward, effective Feb. 1, 1971, by Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,230', '$19,680', '$26,568', '$32,226', '$33,702', '$35,178' to be deemed to refer, effective Jan. 1, 1972, to the figures '$1,295', '$20,720', '$27,972', '$33,929', '$35,483', and '$37,037', respectfully, see section 6(c) of Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under section 60a-1 of this title. Figures '$1,095', '$17,520', '$23,652', '$28,689', '$30,003', and '$31,317' to be deemed to refer, effective Feb. 1, 1971, to the figures '$1,230', '$19,680', '$26,568', '$32,226', '$33,702', and '$35,178', respectively, see section 6(c) of Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$8,118', '$14,514', '$14,022', '$18,450', '$21,402', '$20,418', '$32,712', '$34,104', and '$35,496' to be deemed to refer, effective Jan. 1, 1972, to the figures '$8,288', '$15,281', '$14,245', '$18,648', '$22,533', '$20,461', '$36,519', '$38,073', and '$39,627', respectively, see section 5(b) of Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under section 60a-1 of this title. Figures '$7,888', '$13,688', '$13,920', '$18,328', '$20,184', '$20,416', '$32,712', '$34,014', and '$35,496' to be deemed to refer, effective Feb. 1, 1971, to the figures '$8,118', '$14,514', '$14,022', '$18,450', '$21,402', '$30,418', '$32,712', '$34,014', and '$35,496', respectively, see section 5(b) of Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,230' and '$35,670' to be deemed to refer, effective Jan. 1, 1972, to the figures '$1,295' and '$39,627', respectively, see section 7 of Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under section 60a-1 of this title. Figures '$1,160' and '$35,496' to be deemed to refer, effective Feb. 1, 1971, to the figures '$1,230' and '$35,670', respectively, see section 7 of Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, formerly set out as a note under section 60a-1 of this title. 1970 - Subsec. (a)(1). Figure '$219' deemed on and after May 1, 1970, to refer to figure '$232', see section 3(a) of Salary Directive of President pro tempore of the Senate, Apr. 15, 1970, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). The table was revised upward, effective May 1, 1970, see section 2 of Salary Directive of President pro tempore of the Senate, Apr. 15, 1970, formerly set out as a note under section 60a-1 of this title. Subsecs. (d)(2) to (f). Figures were increased, effective May 1, 1970, see section 3(b) of Salary Directive of President pro tempore of the Senate, Apr. 15, 1970, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(1). Pub. L. 91-510 increased range of gross annual compensation of professional staff members from '$14,852 to $23,312' to '$18,328 to $32,712'. Subsec. (e)(2). Pub. L. 91-510 increased range of gross compensation of clerical staff in subpar. (A) for chief clerk and assistant chief clerk from '$6,392 to $23,312' to '$7,888 to $32,712' and for other clerical assistants from '$6,392 to $11,092' to '$7,888 to $13,688' and in subpar. (B) for chief clerk, assistant chief clerk, and assistant clerks from '$16,544 to $23,312' to '$20,416 to $32,712', for necessary assistant clerks from '$11,280 to $16,356' to '$13,920 to $20,184', and for other necessary clerical assistants from '$6,392 to $11,092' to '$7,888 to $13,688'. Subsec. (e)(3). Pub. L. 91-510 increased gross rate of compensation from '$23,312' to '$32,712' per annum for certain employees of any standing or select committee of the Senate or joint committee expenses of which are paid from contingent fund of the Senate, in subpar. (A) for employees of any such committee from '$24,400' for two employees to '$34,104' for four employees and from '$25,568' for one employee to '$35,496' for two employees, and in subpar. (B) for employees of Committee on Appropriation from '$24,400' for seventeen employees to '$34,104' for sixteen employees and from '$25,568' for one employee to '$35,496' for two employees. Subsec. (f). Pub. L. 91-510 increased minimum and maximum gross compensation limitation from '$1,128' and '$25,568' to '$1,160' and '$35,496', respectively, and deleted sentence providing that in any case in which the fixing of any salary rate in multiples as required by this section would result in a rate in excess of the maximum rate specified in this subsection, the rate so fixed shall be reduced to such maximum rate. 1969 - Subsec. (a)(1). Figure '$199' deemed on and after July 1, 1969, to refer to figure '$219', see section 4(a) of Salary Directive of President pro tempore of the Senate, June 17, 1969, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). Pub. L. 91-145 increased the amounts in the table providing for Senators' clerk hire allowances by $23,652. The table was revised upward, effective July 1, 1969, see section 2 of Salary Directive of President pro tempore of the Senate, June 17, 1969, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2)(i). Pub. L. 91-145 substituted authorization for fixing the salary of two employees at gross rates of not more than $23,652 per annum for prior authorization for fixing the salary of one employee at a gross rate of not more than $18,988 per annum. Subsecs. (d)(2) to (f). Figures were increased, effective July 1, 1969, see section 4(b) of Salary Directive of President pro tempore of the Senate, June 12, 1969, formerly set out as a note under section 60a-1 of this title. 1968 - Subsec. (a)(1). Figure '$188' deemed on and after July 1, 1968, to refer to figure '$199', see section 1(g) of Salary Directive of President pro tempore of the Senate, June 12, 1968, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). The table was revised upward, effective July 1, 1968, see section 1(d)(1) of Salary Directive of President pro tempore of the Senate, June 12, 1968, formerly set out as a note under section 60a-1 of this title. Subsecs. (d)(2) to (f). Figures were increased, effective July 1, 1968, see sections 1(g) and 2(b) of Salary Directive of President pro tempore of the Senate, June 12, 1968, formerly set out as a note under section 60a-1 of this title. 1967 - Subsec. (a)(1). Pub. L. 90-206, Sec. 214(j), substituted '$188' for '$180'. Subsec. (d)(1). Pub. L. 90-206, Sec. 214(k), increased the aggregate amount of the per annum gross rates of compensation of employees in the office of a Senator. Subsecs. (d)(2) to (f). Pub. L. 90-206, Sec. 214(l), substituted '$1,128', '$6,392', '$11,092', '$11,280', '$14,852', '$15,040', '$16,356', '$16,544', '$18,988', '$23,312', '$24,440', and '$25,568' for '$1,080', '$6,120', '$10,620', '$10,800', '$14,220', '$14,400', '$15,660', '$15,840', '$18,180', '$22,320', '$23,400', and '$24,480', respectively, wherever appearing. EFFECTIVE DATE OF 1987 AMENDMENTS Section 101(i) (title I, Sec. 1(b)) of Pub. L. 100-202 provided that: 'The amendment made by this section (amending this section) shall be effective in the case of fiscal years beginning after September 30, 1987.' Section 1(c)(1) of Pub. L. 100-137 provided that the amendment made by that section is effective Jan. 1, 1988. Section 3(a) of Pub. L. 100-71 provided that the amendment made by that section is effective July 1, 1987. EFFECTIVE DATE OF 1984 AMENDMENT Section 3(b) of Pub. L. 98-367 provided that: 'The amendments made by subsection (a) of this section (amending this section) shall be effective with respect to fiscal years beginning after September 30, 1984.' Section 12(c) of Pub. L. 98-367 provided that: 'The amendments made by subsection (a) of this section (amending this section) shall take effect on October 1, 1984.' EFFECTIVE DATE OF 1983 AMENDMENT Section 1203(b) of Pub. L. 98-181 provided that: 'The amendment made by subsection (a) (amending this section) shall be applicable in the case of new or changed rates of compensation which are certified to the Disbursing Office of the Senate on or after January 1, 1984.' EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 107(a) of Pub. L. 96-304 effective Oct. 1, 1980, see section 107(d) of Pub. L. 96-304, set out as an Effective Date of 1980 Amendment note under section 60j of this title. Section 112(b) of Pub. L. 96-304 provided that the amendment made by that section is effective as of the close of Feb. 28, 1981. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-94 effective Oct. 1, 1977, see section 111(f) of Pub. L. 95-94, set out as an Effective Date note under section 72a-1e of this title. EFFECTIVE DATE OF 1976 AMENDMENT Section 101(a) of Pub. L. 94-440 provided that the amendment made by that section is effective Oct. 1, 1976. EFFECTIVE DATE OF 1974 AMENDMENT Section 6 of Pub. L. 93-371 provided that the amendment made by that section is effective July 1, 1974. EFFECTIVE DATE OF 1973 AMENDMENT Section 101 of Pub. L. 93-145 provided that the upward revision of the table in subsec. (d)(1) and the amendment of subsec. (d)(2) of this section are effective July 1, 1973, but that the remaining amendments of subsec. (d)(1) by Pub. L. 93-145 (designating the revised table as subpar. (A), adding provisions following the table in such redesignated subpar. (A), and adding subpar. (B)) are effective Jan. 1, 1974. EFFECTIVE DATE OF 1971 AMENDMENT Section 401 of Pub. L. 92-184 provided that the amendment made by that section is effective Jan. 1, 1972. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-510 effective Jan. 1, 1971, see section 601(6) of Pub. L. 91-510, set out as a note under section 72a of this title. EFFECTIVE DATE OF 1969 AMENDMENT Section 101 of Pub. L. 91-145 provided that the amendment made by that section is effective Nov. 1, 1969. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-206 effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE Section 105(k) of Pub. L. 90-57 provided that: 'This section (enacting this section, amending section 60j of this title and section 5533 of Title 5, Government Organization and Employees, repealing sections 60f, 72a-1, 72a-1a, and 72a-4 of this title, and amending provisions set out as notes under section 60a-1 of this title) shall be effective from and after August 1, 1967.' 1975 ADJUSTMENTS IN COMPENSATION IN MAXIMUM ANNUAL RATES TO EMPLOYEES IN OFFICES OF SENATORS, EMPLOYEES OF SENATORS, EMPLOYEES OF STANDING AND SELECT COMMITTEES AND JOINT COMMITTEES THE EXPENSES OF WHICH ARE PAID FROM SENATE CONTINGENT FUND, AND OFFICERS OR EMPLOYEES PAID BY SECRETARY OF SENATE Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275, as amended by Pub. L. 94-157, title I, Sec. 111(a), Dec. 18, 1975, 89 Stat. 832, provided in part that, effective July 1, 1975: 'The two committee employees referred to in clause (A), and the three committee employees referred to in clause (B), of section 105(e)(3) of the Legislative Branch Appropriations Act, 1968, as amended and modified (subsec. (e)(3) of this section), whose salaries are appropriated under the heading 'Salaries, Officers and Employees' for 'Committee Employees' for the Senate during any fiscal year, and the two employees referred to in such clause (A) who are employees of any joint committee having legislative authority, may each be paid at a maximum annual rate of compensation not to exceed $38,000, except that the Committee on Commerce is authorized to pay two employees, in addition to the two employees referred to in clause (A) of such section, at such maximum annual rate of compensation during the fiscal year ending June 30, 1976, and the transition period ending September 30, 1976. The two committee employees, other than joint committee employees, referred to in clause (A) of section 105(e)(3) of such Act (subsec. (e)(3) of this section) whose salaries are not appropriated under such heading may each be paid at a maximum annual rate of compensation not to exceed $37,500, except, that the two employees of the majority policy committee and the two employees of the minority policy committee referred to in clause (A) of section 105(e)(3) of such Act (subsec. (e)(3) of this section) may each be paid at a maximum annual rate of compensation not to exceed $38,000. The one employee in a Senator's office referred to in section 105(d)(2)(ii) of such Act (subsec. (d)(2)(ii) of this section) may be paid at a maximum annual rate of compensation not to exceed $38,000. Any officer or employee whose pay is subject to the maximum limitation referred to in section 105(f) of such Act (subsec. (f) of this section) may be paid at a maximum annual rate of compensation not to exceed $38,000. This section 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 (section 60a-1 of this title).' Section 111(c) of Pub. L. 94-157 provided in part that amendment by section 111(a) of Pub. L. 94-157 inserting after 'fiscal year' the words ', and the two employees referred to in such clause (A) who are employees of any joint committee having legislative authority,' shall become effective Jan. 1, 1976, and no increase in salary shall be payable for any period prior to such date by reason of the amendment. 1974 ADJUSTMENTS IN COMPENSATION IN MAXIMUM ANNUAL RATES TO EMPLOYEES IN OFFICES OF SENATORS, PROFESSIONAL STAFF AND CLERICAL STAFF MEMBERS OF STANDING COMMITTEES, EMPLOYEES OF STANDING AND SELECT COMMITTEES AND JOINT COMMITTEES THE EXPENSES OF WHICH ARE PAID FROM SENATE CONTINGENT FUND, AND OFFICERS OR EMPLOYEES PAID BY SECRETARY OF SENATE Pub. L. 93-371, Sec. 4, Aug. 13, 1974, 88 Stat. 429, as amended by Pub. L. 94-157, title I, Sec. 111(b), Dec. 18, 1975, 89 Stat. 832, provided in part that: 'The two committee employees other than joint committee employees referred to in clause (A), and the three committee employees referred to in clause (B), of section 105(e)(3) of the Legislative Branch Appropriation Act, 1968, as amended and modified (subsec. (e)(3) of this section), may each be paid at a maximum annual rate of compensation not to exceed $37,050. The four committee employees other than joint committee employees, who are not employees of a joint committee having legislative authority, referred to in such clause (A) and the sixteen committee employees referred to in such clause (B) may each be paid at a maximum annual rate of compensation not to exceed $35,625. The one employee in a Senator's office referred to in section 105(d)(2)(ii) of such Act (subsec. (d)(2)(ii) of this section) may be paid at a maximum annual rate of compensation not to exceed $37,050. Any officer or employee whose pay is subject to the maximum limitation referred to in section 105(f) of such Act (subsec. (f) of this section) may be paid at a maximum annual rate of compensation not to exceed $37,050.' For provisions that section 101(4) of Pub. L. 93-371 (this note) do 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 and compensation or limitations referred to in this note under section 4 of the Federal Pay Comparability Act of 1970 (section 60a-1 of this title) and that the provisions of this note are effective July 1, 1974, see note under section 61a of this title. Section 111(c) of Pub. L. 94-157 provided in part that amendment by section 111(b) of Pub. L. 94-157 inserting after 'joint committee employees' the words ', who are not employees of a joint committee having legislative authority,' shall become effective Jan. 1, 1976, and no increase in salary shall be payable for any period prior to such date by reason of the amendment. AGGREGATE OF GROSS COMPENSATION FOR EMPLOYEES IN OFFICE OF SENATOR FOR EACH FISCAL YEAR; INCREASE IN AMOUNT; REDUCTION IN AMOUNTS FOR COMMITTEE CHAIRMEN, RANKING MINORITY MEMBERS, ETC. Section 111(a), (b) of Pub. L. 95-94, as amended by Pub. L. 95-240, title II, Sec. 206, Mar. 7, 1978, 92 Stat. 117, eff. Oct. 1, 1977; Pub. L. 100-137, Sec. 3, Oct. 21, 1987, 101 Stat. 819, provided that: '(a) Except as provided in subsection (b), the aggregate of the gross compensation which may be paid to employees in the office of a Senator during each fiscal year under section 105(d) of the Legislative Branch Appropriation Act, 1968, as amended and modified (2 U.S.C. 61-1(d)), is increased by $280,887. '(b) (Repealed. Pub. L. 100-137, Sec. 3, Oct. 21, 1987, 101 Stat. 819).' (The figure '$280,887' appearing in subsec. (a) was in the original '$149,286' and was increased by the following Salary Directives of President pro tempore of the Senate, set out as notes under section 60a-1 of this title: Oct. 9, 1978, Sec. 6(d); Oct. 13, 1979, Sec. 6(d); Oct. 1, 1980, Sec. 6(d); Oct. 5, 1981, as amended Dec. 15, 1981, Sec. 6(d); Oct. 1, 1982, Sec. 6(d); Dec. 20, 1983, as amended May 2, 1984, Sec. 6(d); Jan. 4, 1985, Sec. 6(d); Dec. 19, 1986, Sec. 6(d); Jan. 4, 1988, Sec. 6(d); Dec. 9, 1988, Sec. 6(d); Dec. 21, 1989, Sec. 6(d); Dec. 20, 1990, Sec. 6(d).) (Section 3 of Pub. L. 100-137 provided that the repeal of section 111(b) of Pub. L. 95-94 is effective as of the first day of the 100th Congress (Jan. 6, 1987)). (S.Res. 34, Jan. 6, 1987, provided: 'That subsection (b) of section 111 of the Legislative Branch Appropriation Act, 1978 (P.L. 95-94) (set out as a note above) shall not be effective during the 100th Congress.' Similar provisions covering the 99th Congress were contained in S.Res. 85, Sec. 23, Feb. 28, 1985.) LIMITATION ON 1987 INCREASES IN MAXIMUM ANNUAL RATES TO STAFF MEMBERS OF STANDING, SPECIAL, AND SELECT COMMITTEES OF SENATE AND JOINT COMMITTEES OF CONGRESS WHOSE FUNDS ARE DISBURSED BY SECRETARY OF SENATE Section 5(b)(2)-(4) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title, provided that, notwithstanding the provisions of section 5(b)(1) of that Order, any individual occupying a position on the staff of a standing committee of the Senate or the majority or minority policy committee of the Senate to which such rate applied should not be paid at any time at an annual rate in excess of $1,000 less than the annual rate of compensation which was then or might thereafter, be in effect for those positions referred to in section 2(a) of that Order, that notwithstanding the provisions of section 5(b)(1) of that Order, any individual occupying a position on the staff of any special or select committee of the Senate or the conference majority or conference minority of the Senate to which any such rate applied should not be paid at any time at an annual rate in excess of $2,500 less than the annual rate of compensation which was then or might thereafter be in effect for those positions referred to in section 2(a) of that Order, and that notwithstanding the provisions of section 5(b)(1) of that Order, any individual occupying a position on the staff of any joint committee of the Congress whose funds are disbursed by the Secretary of the Senate to which any such rate applied should not be paid at any time at an annual rate in excess of $2,900 less than the annual rate of compensation which was then or might thereafter be in effect for those positions referred to in section 2(a) of that Order. Similar provisions covering prior increases were contained in the following prior Salary Directives: Section 5(b)(2)-(4) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985. Section 5(b)(2)-(4) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983. Section 5(b)(2)-(4) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982. Section 5(b)(2)-(4) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981. Section 5(b)(3)-(5) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980. Section 5(b)(3)-(5) of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979. Section 5(b)(3)-(5) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978. Section 5(b)(3)-(5) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977. Section 5(b)(3)-(6) of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976. Section 5(b)(3)-(5) of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975. Section 5(b)(3)-(5) of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974. Section 5(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973. LIMITATION ON 1987 INCREASES IN MAXIMUM ANNUAL RATES TO EMPLOYEES IN OFFICES OF SENATORS Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title, provided that, notwithstanding the modification made by section 6(c)(1) of that Order, any individual occupying a position in a Senator's office should not be paid at any time at an annual rate in excess of $2,500 less than the annual rate of compensation which was then or might thereafter be in effect for those positions referred to in section 2(a) of that Order. Similar provisions covering prior increases were contained in the following prior Salary Directives: Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977. Section 6(c)(2), (3) of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976. Section 6(c)(2), (3) of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975. Section 6(c)(2)-(4) of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973. LIMITATION ON 1987 INCREASE IN MAXIMUM ANNUAL RATE TO OFFICERS OR EMPLOYEES PAID BY SECRETARY OF SENATE Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title, provided that, notwithstanding the provisions of section 7(b)(1) of that Order, any individual occupying a position to which such rate applied should not be paid at any time at an annual rate in excess of $2,500 less than the annual rate of compensation which was then or might thereafter be in effect for those positions referred to in section 2(a) of that Order. Similar provisions covering prior increases were contained in the following prior Salary Directives: Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Sept. 27, 1977. Section 7(b)(2), (3) of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976. Section 7(b)(2), (3) of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974. Section 7(b) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973. 1977 ADDITION OF EMPLOYEES IN OFFICE OF SENATOR NOT TO EFFECT SECTION 6(C) OF ORDER OF PRESIDENT PRO TEMPORE ISSUED ON OCTOBER 8, 1976 Section 111(d) of Pub. L. 95-94 provided in part that: 'The amendments made by this subsection (amending subsec. (d)(2) of this section) shall have no effect on section 6(c) of the Order of the President pro tempore issued on October 8, 1976, under section 4 of the Federal Pay Comparability Act of 1970 (set out as a note under section 60a-1 of this title).' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1987 Pub. L. 100-17, title I, Sec. 3(b), (c), July 11, 1987, 101 Stat. 423, provided that: '(b) Effective July 1, 1987, the administrative and clerical allowance of each Senator from the State of Georgia and the State of North Carolina is increased to that allowed Senators from States having a population of six million but less than seven million, the population of said State having exceeded six million inhabitants. '(c) Effective July 1, 1987, the administrative and clerical allowance of each Senator from the State of Indiana, the State of Massachusetts, the State of Missouri, and the State of Virginia, is that allowed Senators from States having a population of five million but less than six million.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1986 Pub. L. 99-349, title I, Sec. 1, July 2, 1986, 100 Stat. 741, provided that: '(a) Effective October 1, 1985, the allowance for administrative and clerical assistance of each Senator from the State of Alabama is increased to that allowed Senators from States having a population of four million but less than five million, the population of said State having exceeded four million inhabitants. '(b) Effective October 1, 1985, the allowance for administrative and clerical assistance of each Senator from the State of Florida is increased to that allowed Senators from States having a population of eleven million but less than twelve million, the population of said State having exceeded eleven million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1985 Pub. L. 99-88, title I, Sec. 191, Aug. 15, 1985, 99 Stat. 348, provided that: 'Effective October 1, 1984, the allowance for administrative and clerical assistance of each Senator from the State of Missouri is increased to that allowed Senators from States having a population of five million but less than seven million, the population of said State having exceeded five million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1983 Section 9 of Pub. L. 98-367 provided that: 'Effective October 1, 1983, the allowance for administration and clerical assistance of each Senator from the State of Arizona is increased to that allowed to Senators from States having population of three million but less than four million, the population of such State having exceeded three million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1982 Pub. L. 98-63, title I, Sec. 901, July 30, 1983, 97 Stat. 335, provided that: '(a) Effective October 1, 1982, the allowance for administrative and clerical assistance of each Senator from the State of Texas is increased to that allowed to Senators from States having a population of fifteen million but less than seventeen million, the population of said State having exceeded fifteen million inhabitants. '(b) Effective October 1, 1982, the allowance for administrative and clerical assistance of each Senator from the Sate of Colorado is increased to that allowed to Senators from States having a population of three million but less than four million, the population of said State having exceeded three million inhabitants.' INCREASES IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1981 Pub. L. 97-257, title I, Sept. 10, 1982, 96 Stat. 849, provided that: 'Effective October 1, 1981, the allowance for administrative and clerical assistance of each Senator from the State of Florida is increased to that allowed Senators from States having a population of ten million but less than eleven million, the population of said State having exceeded ten million inhabitants.' Pub. L. 97-12, title I, Sec. 106, June 5, 1981, 95 Stat. 62, provided that: '(a) Effective January 1, 1981, the allowance for administrative and clerical assistance of each Senator from the State of Florida is increased to that allowed Senators from States having a population of nine million but less than ten million, the population of said State having exceeded nine million inhabitants. '(b) Effective January 1, 1981, the allowance for administrative and clerical assistance of each Senator from the State of Washington is increased to that allowed Senators from States having a population of four million but less than five million, the population of said State having exceeded four million inhabitants. '(c) Effective January 1, 1981, the allowance for administrative and clerical assistance of each Senator from the States of Oklahoma and South Carolina is increased to that allowed Senators from States having a population of three million but less than four million, the population of said States having exceeded three million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1979 Section 105 of Pub. L. 96-304 provided that: 'Effective October 1, 1979, the allowance for administrative and clerical assistance of each Senator from the State of Louisiana is increased to that allowed Senators from States having a population of four million but less than five million, the population of said State having exceeded four million inhabitants.' Pub. L. 96-86, Sec. 111(a), (b), Oct. 12, 1979, 93 Stat. 660, 661, provided: '(a) effective October 1, 1979, the allowance for administrative and clerical assistance of each Senator from the State of Minnesota is increased to that allowed Senators from States having a population of four million but less than five million, the population of said State having exceeded four million inhabitants; '(b) effective October 1, 1979, the allowance for administrative and clerical assistance of each Senator from the State of Texas is increased to that allowed Senators from States having a population of thirteen million but less than fifteen million, the population of said State having exceeded thirteen million inhabitants;'. INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1978 Section 104(a) of Pub. L. 95-391 provided that: 'Effective April 1, 1978, the clerk-hire allowance of each Senator from the State of Georgia is increased to that allowed Senators from States having a population of five million but less than seven million, the population of said State having exceeded five million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANTS TO SENATORS - 1977 Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 81, provided in part: 'That, effective April 1, 1977, the clerk hire allowance of each Senator from the State of Virginia shall be increased to that allowed Senators from States having a population of five million but less than seven million, the population of said State having exceeded five million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1976 Pub. L. 94-157, title I, ch. IV, Dec. 18, 1975, 89 Stat. 830, provided: 'That effective January 1, 1976, the clerk hire allowance of each Senator from the State of California shall be increased to that allowed Senators from States having a population of more than twenty-one million, the population of said State having exceeded twenty-one million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1975 Pub. L. 94-32, title I, June 12, 1975, 89 Stat. 182, provided in part: 'That effective January 1, 1975, the clerk hire allowance of each Senator from the State of Texas shall be increased to that allowed Senators from States having a population of more than twelve million, the population of said State having exceeded twelve million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1974 Pub. L. 93-371, Aug. 13, 1974, 88 Stat. 425, provided in part: 'That effective January 1, 1974, the clerk hire allowance of each Senator from the States of Arkansas and Arizona shall be increased to that allowed Senators from States having a population of two million, the population of each said State having exceeded two million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1969 Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 340, provided in part: 'That the clerk hire allowance of each Senator from the State of Connecticut shall be increased to that allowed Senators from States having a population of three million, the population of said State having exceeded three million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1968 Pub. L. 90-239, ch. IV, Jan. 2, 1968, 81 Stat. 774, provided in part that: 'Effective January 1, 1968, the clerk hire allowance of each Senator from the State of Indiana shall be increased to that allowed Senators from States having a population of five million, the population of said State having exceeded five million inhabitants; and that the clerk hire allowance of each Senator from the State of New Jersey shall be increased to that allowed Senators from States having a population of seven million, the population of said State having exceeded seven million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1966 Pub. L. 89-697, ch. VI, Oct. 27, 1966, 80 Stat. 1063, provided: 'That the clerk hire allowance of each Senator from the State of North Carolina shall be increased to that allowed Senators from States having a population of five million, the population of said State having exceeded five million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1963 Pub. L. 88-25, title I, May 17, 1963, 77 Stat. 31, provided in part: 'That the clerk hire allowance of each Senator from the State of California shall be increased to that allowed Senators from States having a population of over seventeen million, the population of said State having exceeded seventeen million inhabitants, that the clerk hire allowance of each Senator from the State of Georgia shall be increased to that allowed Senators from States having a population of four million, the population of said State having exceeded four million inhabitants, and that the clerk hire allowance of each Senator from the State of Washington shall be increased to that allowed Senators from States having a population of three million, the population of said State having exceeded three million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1962 Pub. L. 87-545, title I, July 25, 1962, 76 Stat. 215, provided in part that: 'The basic clerk hire allowance of each Senator is hereby increased by $3,000. 'The clerk hire allowances of the Senators from the States of New York and Virginia are hereby increased so that the allowances of the Senators from the State of New York will be equal to that allowed Senators from States having a population of over seventeen million, the population of said State having exceeded seventeen million inhabitants, and so that allowances of Senators from the State of Virginia will be equal to that allowed Senators from States having a population of four million, the population of said State having exceeded four million inhabitants.' INCREASE IN ALLOWANCE FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1955 Act June 28, 1955, ch. 189, Sec. 4(d), (f), 69 Stat. 176, 177, as amended Aug. 21, 1959, Pub. L. 86-176, 73 Stat. 401; Aug. 20, 1964, Pub. L. 88-454, 78 Stat. 538; Aug. 27, 1966, Pub. L. 89-545, 80 Stat. 357; July 28, 1967, Pub. L. 90-57, Sec. 105(i)(6), 81 Stat. 144, provided that: '(d)(1) The aggregate amount of the basic compensation authorized to be paid for administrative and clerical assistance and messenger service in the offices of Senators is hereby increased by - '(A) $10,020 in the case of Senators from States the population of which is less than three million; '(B) $10,920 in the case of Senators from States the population of which is three million or more but less than five million; '(C) $11,760 in the case of Senators from States the population of which is five million or more but less than ten million; and '(D) $11,880 in the case of Senators from States the population of which is ten million or more. '(2) Notwithstanding the second proviso in the paragraph relating to the authority of Senators to rearrange the basic salaries of employees in their respective offices, which appears in the Legislative Branch Appropriation Act, 1947, as amended (2 U. S. C. 60f) (repealed), but subject to the limitations contained in paragraph (3) of this subsection, during the period beginning on the effective date of this subsection and ending on the last day of the first pay period which begins after the date of enactment of this Act (June 28, 1955) (A) the compensation of the administrative assistant in the office of each Senator may be fixed at a basic rate which together with additional compensation authorized by law will not exceed the maximum rate authorized by section 2 (b) of the Act of October 24, 1951 (Public Law 201, Eighty-second Congress), as amended (section 60e-6(b) of this title), (B) the compensation of one employee other than the administrative assistant in the office of each Senator may be fixed at a basic rate not to exceed $10,260 per annum, and (C) the compensation of any other employee in the office of a Senator may be fixed at a basic rate not to exceed $6,420 per annum. '(3) Notwithstanding the third proviso in such paragraph (this section), any increase in the compensation of an employee in a Senator's office shall take effect on the effective date of this subsection or on the date such employee became employed, whichever is later, if (A) the certification filed by such Senator under such proviso so provides, (B) such certification is filed in the disbursing office of the Senate not later than fifteen days following the date of enactment of this Act (June 28, 1955), and (C) the amount of such increase does not exceed the amount of the increase which would be payable in the case of such employee if he were subject to the provisions of subsection (a) of this section (section 60e-7 of this title) plus any additional amount which may result from fixing the rate of basic compensation at the lowest multiple of $60 which will result in an increase not less than the amount of such increase which would be payable under subsection (a) (section 60e-7(a) of this title). '(f) (Repealed. Pub. L. 90-57, Sec. 105(i)(6), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.)' INCREASE IN ALLOWANCE FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1951 Act Oct. 24, 1951, ch. 554, Sec. 2(c)(1), 65 Stat. 614, provided that: 'The aggregate amount of the basic compensation authorized to be paid for administrative and clerical assistance and messenger service in the offices of Senators is hereby increased by - '(A) $4,140 in the case of Senators from States the population of which is less than three million; '(B) $4,860 in the case of Senators from States the population of which is three million or more but less than five million; '(C) $5,220 in the case of Senators from States the population of which is five million or more but less than ten million; and '(D) $5,760 in the case of Senators from States the population of which is ten million or more.' 1966 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Pub. L. 89-504, title III, Sec. 302(f), July 18, 1966, 80 Stat. 295, provided that: 'The basic compensation of each employee in the office of a Senator is hereby adjusted, effective on the first day of the month following the date of enactment of this Act (July 18, 1966), to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto, except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act (July 18, 1966), the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. No employee whose basic compensation is adjusted under this subsection shall receive any additional compensation under subsection (a) (section 60e-13(a) of this title) for any period prior to the effective date of such adjustment during which such employee was employed in the office of the Senator by whom he is employed on the first day of the month following the enactment of this Act (July 18, 1966). No additional compensation shall be paid to any person under subsection (a) (section 60e-13(a) of this title) for any period prior to the first day of the month following the date of enactment of this Act (July 18, 1966) during which such person was employed in the office of a Senator (other than a Senator by whom he is employed on such day) unless on or before the fifteenth day following the date of enactment of this Act (July 18, 1966) such Senator notifies the disbursing office of the Senate in writing that he wishes such employee to receive such additional compensation for such period. In any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased, such notice shall be deemed to have been given.' 1965 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Pub. L. 89-301, Sec. 11(f), Oct. 29, 1965, 79 Stat. 1121, provided that: 'The basic compensation of each employee in the office of a Senator is hereby adjusted, effective on the first day of the month following the date of enactment of this Act (Oct. 29, 1965), to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto, except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act (Oct. 29, 1965), the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. No employee whose basic compensation is adjusted under this subsection shall receive any additional compensation under subsection (a) (section 60e-12(a) of this title) for any period prior to the effective date of such adjustment during which such employee was employed in the office of the Senator by whom he is employed on the first day of the month following the enactment of this Act (Oct. 29, 1965). No additional compensation shall be paid to any person under subsection (a) (section 60e-12(a) of this title) for any period prior to the first day of the month following the date of enactment of this Act (Oct. 29, 1965) during which such person was employed in the office of a Senator (other than a Senator by whom he is employed on such day) unless on or before the fifteenth day following the date of enactment of this Act (Oct. 29, 1965) such Senator notifies the disbursing office of the Senate in writing that he wishes such employee to receive such additional compensation for such period. In any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased, such notice shall be deemed to have been given.' 1964 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Pub. L. 88-426, title II, Sec. 202(e), Aug. 14, 1964, 78 Stat. 413, provided that: 'The basic compensation of each employee in the office of a Senator is hereby adjusted effective on the first day of the month following the date of enactment of this Act (Aug. 14, 1964), to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act (Aug. 14, 1964), the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. No employee whose basic compensation is adjusted under this subsection shall receive any additional compensation under subsection (a) (section 60e-11(a) of this title) for any period prior to the effective date of such adjustment during which such employee was employed in the office of the Senator by whom he is employed on the first day of the month following the enactment of this Act (Aug. 14, 1964). No additional compensation shall be paid to any person under subsection (a) (section 60e-11(a) of this title) for any period prior to the first day of the month following the date of enactment of this Act (Aug. 14, 1964) during which such person was employed in the office of a Senator (other than a Senator by whom he is employed on such day) unless on or before the fifteenth day following the date of enactment of this Act (Aug. 14, 1964) such Senator notifies the disbursing office of the Senate in writing that he wishes such employee to receive such additional compensation for such period. In any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased such notice shall be deemed to have been given.' 1962 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Pub. L. 87-793, title VI, Sec. 1005(b), Oct. 11, 1962, 76 Stat. 867, provided that: 'The basic compensation of each employee in the office of a Senator is hereby adjusted, effective on October 16, 1962, to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto, except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act (Oct. 11, 1962) the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. In any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased such notice shall be deemed to have been given.' 1960 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Pub. L. 86-568, title I, Sec. 117(b), July 1, 1960, 74 Stat. 303, provided that: 'The basic compensation of each employee in the office of a Senator is hereby adjusted, effective on July 1, 1960, to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto, except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act (July 1, 1960) the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. In any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased such notice shall be deemed to have been given.' 1958 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Pub. L. 85-462, Sec. 4(b), June 20, 1958, 72 Stat. 207, provided that: 'The basic compensation of each employee in the office of a Senator is hereby adjusted, effective on the first day of the month following the date of enactment of this Act (June 20, 1958), to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto, except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act (June 20, 1958) the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. No employee whose basic compensation is adjusted under this subsection shall receive any additional compensation under subsection (a) (section 60e-8(a) of this title) for any period prior to the effective date of such adjustment during which such employee was employed in the office of the Senator by whom he is employed on the first day of the month following the enactment of this Act (June 20, 1958). No additional compensation shall be paid to any person under subsection (a) (section 60e-8(a) of this title) for any period prior to the first day of the month following the date of enactment of this Act (June 20, 1958) during which such person was employed in the office of a Senator (other than a Senator by whom he is employed on such day) unless on or before the fifteenth day following the date of enactment of this Act (June 20, 1958) such Senator notifies the disbursing office of the Senate in writing that he wishes such employee to receive such additional compensation for such period. In any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased such notice shall be deemed to have been given.' 1955 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Act June 28, 1955, ch. 189, Sec. 4(e)(2), 69 Stat. 177, provided that: 'The basic compensation of each employee in the office of a Senator on the effective date of this subsection is hereby adjusted to the lowest multiple of $60 which will provide basic compensation, plus additional compensation payable under subsection (a) (section 60e-7(a) of this title) and the provisions of law referred to in subsection (a) (section 60e-7(a) of this title), not less than the amount of basic compensation, plus additional compensation under the provisions of sections 501 and 502 of the Federal Employees' Pay Act of 1945, as amended (sections 60e-3 and 60e-4 of this title), and section 301 of the Postal Rate Revision and Federal Employees' Salary Act of 1948 (section 60e-4a of this title), which he is receiving on the effective date of this subsection.' COMPENSATION OF ADMINISTRATIVE ASSISTANT CHARGED TO SENATOR Act Oct. 28, 1949, ch. 783, title I, Sec. 101(c)(1), 63 Stat. 974, provided that: 'The basic compensation of the administrative assistant to a Senator shall be charged against the aggregate amount authorized to be paid for clerical assistance and messenger service in the office of such Senator.' ADDITIONAL INCREASE IN CLERK HIRE Act Oct. 28, 1949, ch. 783, title I, Sec. 101(c)(2), 63 Stat. 974, provided that: 'The aggregate amount of the basic compensation authorized to be paid for clerical assistance and messenger service in the office of each Senator is increased by $11,520.' INCREASE OF CLERK HIRE FOR SENATORS Act Dec. 20, 1944, ch. 617, Sec. 2(b), 58 Stat. 832, effective Jan. 1, 1945, provided: 'The aggregate amount of the basic compensation authorized to be paid to employees in the offices of Senators (including employees of standing committees of which Senators are chairmen) is hereby increased by (1) $4,020 in the case of each Senator from a State which has a population of less than four million inhabitants and (2) by $5,040 in the case of each Senator from a State which has a population of four million or more inhabitants.' RATE OF PAY FOR SENATE COMMITTEE STAFF MEMBERS FOR 1977 COMMITTEE SYSTEM REORGANIZATION Pub. L. 95-4, Feb. 16, 1977, 91 Stat. 12, provided: 'That (a) notwithstanding the limitations contained in section 105(e) of the Legislative Branch Appropriation Act, 1968, as amended and modified (subsec. (e) of this section), each eligible staff member of a new committee to whom section 703(d) of the Committee System Reorganization Amendments of 1977 (S. Res. 4, Feb. 4, 1977) applies may, during the transition period of such new committee, be paid gross annual compensation at the rate which that eligible staff member was receiving on January 4, 1977. '(b) For purposes of subsection (a), the terms 'eligible staff member', 'new committee', and 'transition period' have the meanings given to them by section 701 of the Committee System Reorganization Amendments of 1977 (S. Res. 4, Feb. 4, 1977).' 1970 INCREASE IN PAY RATES OF CERTAIN EMPLOYEES OF LEGISLATIVE BRANCH Adjustment by President pro tempore of Senate with respect to the Senate, by Finance Clerk of House with respect to the House of Representatives, and by Architect of the Capitol with respect to the Office of the Architect of the Capitol, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, of the rates of pay of employees of the legislative branch subject to section 214 of Pub. L. 90-206, with certain exceptions, by the amounts of the adjustment for corresponding rates for employees subject to the General Schedule, set out in section 5332 of Title 5, which had been made by section 2 of Pub. L. 91-231 raising such rates by 6 percent, see Pub. L. 91-231, set out as a note under section 5332 of Title 5, Government Organization and Employees. 1968 AND 1969 INCREASES IN COMPENSATION OF EMPLOYEES This section deemed amended on and after July 1, 1969, see Salary Directives of President pro tempore of the Senate, June 12, 1968, and June 17, 1969, formerly set out as notes under section 60a-1 of this title. RATES OF PAY FOR EMPLOYEES OF SENATE SELECT COMMITTEE TO STUDY GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES Pub. L. 94-32, title I, Sec. 5, June 12, 1975, 89 Stat. 183, provided in part that: 'Notwithstanding paragraph (3) of section 105(e) of the Legislative Branch Appropriations Act, 1968, as amended (subsec. (e)(3) of this section), two employees of the Senate Select Committee to Study Governmental Operations With Respect to Intelligence Activities may be paid at the highest gross rate provided in subparagraph (A) of such paragraph, and eleven employees of such committee may be paid at the next highest gross rate provided in such subparagraph.' SECRETARY OF SENATE TO FIX COMPENSATION OF LEGISLATIVE CLERK AND JOURNAL CLERK Pub. L. 86-213, Sept. 1, 1959, 73 Stat. 443, authorized Secretary of Senate to fix compensation of legislative clerk and journal clerk, on and after Sept. 1, 1959, at not to exceed $7,620 basic per annum each. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 43d, 58, 61-1a of this title. ------DocID 7085 Document 178 of 1400------ -CITE- 2 USC Sec. 61-1a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61-1a. Availability of appropriated funds for payment to an individual of pay from more than one position; conditions -STATUTE- Notwithstanding any other provision of law, appropriated funds are available for payment to an individual of pay from more than one position, each of which is either in the office of a Senator and the pay of which is disbursed by the Secretary of the Senate or is in another office and the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the heading 'Salaries, Officers, and Employees', if the aggregate gross pay from those positions does not exceed the maximum rate specified in section 61-1(d)(2) of this title. -SOURCE- (Pub. L. 95-94, title I, Sec. 114, Aug. 5, 1977, 91 Stat. 665; Pub. L. 95-240, title II, Sec. 207, Mar. 7, 1978, 92 Stat. 117; Pub. L. 100-202, Sec. 101(i) (title I, Sec. 9), Dec. 22, 1987, 101 Stat. 1329-290, 1329-295.) -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978. -MISC3- AMENDMENTS 1987 - Pub. L. 100-202 amended section generally. Prior to amendment, section read as follows: 'Notwithstanding any other provision of law, appropriated funds are available for payment to an individual of pay from more than one position, the pay for each of which is disbursed by the Secretary of the Senate out of an appropriation under the heading 'Salaries, Officers and Employees', if the aggregate gross pay from those positions does not exceed the amount specified in section 61-1(d)(2)(ii) of this title.' 1978 - Pub. L. 95-240 substituted provisions relating to pay disbursed by Secretary of Senate from appropriation with the heading for salaries, etc., for provisions requiring positions to be in office of a Senator and the pay for each disbursed by Secretary of Senate. ------DocID 7086 Document 179 of 1400------ -CITE- 2 USC Sec. 61-1b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61-1b. Availability of appropriations during first three months of any fiscal year for aggregate of payments of gross compensation made to employees from Senate appropriation account for 'Salaries, Officers and Employees' -STATUTE- At no time during the first three months of any fiscal year (commencing with the fiscal year which begins October 1, 1984) shall the aggregate of payments of gross compensation made to employees out of any line item appropriation within the Senate appropriation account for 'Salaries, Officers and Employees' (other than the line item appropriations, within such account for 'Administrative, clerical, and legislative assistance to Senators' and for 'Agency contributions') exceed twenty-five per centum of the total amount available for such line item appropriations for such fiscal year. -SOURCE- (Pub. L. 98-367, title I, Sec. 4, July 17, 1984, 98 Stat. 475.) -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1985, which is title I of the Legislative Branch Appropriations Act, 1985. ------DocID 6872 Document 180 of 1400------ -CITE- 1 USC Sec. 2 -EXPCITE- TITLE 1 CHAPTER 1 -HEAD- Sec. 2. 'County' as including 'parish', and so forth -STATUTE- The word 'county' includes a parish, or any other equivalent subdivision of a State or Territory of the United States. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 633.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 101; title 12 section 3702; title 32 section 101; title 37 section 101. ------DocID 7088 Document 181 of 1400------ -CITE- 2 USC Sec. 61a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a. Compensation of Secretary of Senate -STATUTE- The Secretary of the Senate shall be paid at an annual rate of compensation of $40,000. -SOURCE- (Pub. L. 88-426, title II, Sec. 203(g), Aug. 14, 1964, 78 Stat. 415; Pub. L. 93-371, Sec. 4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275.) -COD- PRIOR PROVISIONS A prior section 61a, act Aug. 5, 1955, ch. 568, Sec. 1, 69 Stat. 499, prescribed the gross annual compensation of the Secretary of the Senate. -MISC3- AMENDMENTS 1975 - Pub. L. 94-59 substituted 'an annual rate of compensation of $40,000' for 'a rate of $38,760 per annum'. 1974 - Pub. L. 93-371 increased the annual rate of compensation from $27,500 to $38,760. EFFECTIVE DATE OF 1975 AMENDMENT Section 105 of Pub. L. 94-59 provided that the increase in the Secretary's rate of compensation to $40,000 is effective July 1, 1975. EFFECTIVE DATE OF 1974 AMENDMENT Section 4 of Pub. L. 93-371 provided in part that: 'This paragraph (enacting sections 61h, 61h-1, 63a, and 64a-1 of this title, amending sections 61a, 61a-3, 61b, 61e, 61g, 61j, and 273 of this title, and enacting provisions set out as notes under sections 61-1, 61a, and 274 of this title) is effective July 1, 1974.' EFFECTIVE DATE Section effective first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426. 1974 ADJUSTMENT IN COMPENSATION NOT TO SUPERSEDE ADJUSTMENTS IN COMPENSATION OR LIMITATIONS BY PRESIDENT PRO TEMPORE OF THE SENATE Section 4 of Pub. L. 93-371, 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 (section 60a-1 of this title).' INCREASES IN COMPENSATION Increases in compensation of Secretary of Senate under authority of Federal Salary Act of 1967 (Pub. L. 90-206) and Federal Pay Comparability Act of 1970 (Pub. L. 91-656), see section 60a-1 of this title, and Salary Directives of President pro tempore of the Senate, set out as notes under that section. ------DocID 6926 Document 182 of 1400------ -CITE- 2 USC Sec. 21 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 21. Oath of Senators -STATUTE- 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. -SOURCE- (R.S. Sec. 28.) -COD- CODIFICATION R.S. Sec. 28 derived from act June 1, 1789, ch. 1, Sec. 2, 1 Stat. 23. ------DocID 7090 Document 183 of 1400------ -CITE- 2 USC Sec. 61a-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-3. Compensation of Assistant Secretary of Senate -STATUTE- The Assistant Secretary of the Senate may be paid at a maximum annual rate of compensation not to exceed $39,000. -SOURCE- (Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 340; Pub. L. 93-371, Sec. 4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275.) -MISC1- AMENDMENTS 1975 - Pub. L. 94-59 substituted '$39,000' for '$37,620', effective July 1, 1975. 1974 - Pub. L. 93-371 substituted provision setting maximum annual rate of compensation of Assistant Secretary at not to exceed $37,620, for provisions authorizing Secretary of Senate to fix the compensation of Assistant Secretary at not to exceed $11,826 per annum, effective July 1, 1974. -CHANGE- CHANGE OF NAME Assistant Secretary of the Senate deemed successor in references to Chief Clerk of 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. 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 61a of this title. -MISC4- INCREASES IN COMPENSATION Increases in compensation of Assistant Secretary of the Senate under authority of Federal Salary Act of 1967 (Pub. L. 90-206) and Federal Pay Comparability Act of 1970 (Pub. L. 91-656), see section 60a-1 of this title, and Salary Directives of President pro tempore of the Senate, set out as notes under that section. ------DocID 7091 Document 184 of 1400------ -CITE- 2 USC Sec. 61a-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-4. Repealed. Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 531 -MISC1- 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. EFFECTIVE DATE OF REPEAL Pub. L. 93-145 provided that the repeal is effective July 1, 1973. ------DocID 7092 Document 185 of 1400------ -CITE- 2 USC Sec. 61a-4a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-4a. Omitted -COD- CODIFICATION Section, Pub. L. 92-342, Sec. 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. ------DocID 7093 Document 186 of 1400------ -CITE- 2 USC Sec. 61a-5 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-5. Repealed. Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 531 -MISC1- Section, Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 807, set out the duties to be performed by the Comptroller of the Senate. EFFECTIVE DATE OF REPEAL Pub. L. 93-145 provided that the repeal is effective July 1, 1973. ------DocID 7094 Document 187 of 1400------ -CITE- 2 USC Sec. 61a-6 to 61a-8 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-6 to 61a-8. Omitted -COD- 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. ------DocID 7095 Document 188 of 1400------ -CITE- 2 USC Sec. 61a-9 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-9. Advancement by Secretary of Senate of travel funds to employees under his jurisdiction for Federal Election Campaign Act travel expenses -STATUTE- The Secretary of the Senate is hereafter authorized to advance, in his discretion, to any designated employee under his jurisdiction, such sums as may be necessary, not exceeding $1,500, to defray official travel expenses in assisting the Secretary in carrying out his duties under the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.). Any such employee shall, as soon as practicable, furnish to the Secretary a detailed voucher for such expenses incurred and make settlement with respect to any amount so advanced. -SOURCE- (Pub. L. 92-607, ch. V, Sec. 504, Oct. 31, 1972, 86 Stat. 1505.) -REFTEXT- REFERENCES IN TEXT The Federal Election Campaign Act of 1971, referred to in text, is Pub. L. 92-225, Feb. 7, 1972, 86 Stat. 3, as amended, which is classified principally to chapter 14 (Sec. 431 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 431 of this title and Tables. ------DocID 7096 Document 189 of 1400------ -CITE- 2 USC Sec. 61a-9a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-9a. Travel expenses of Secretary of Senate; advancement of travel funds to designated employees -STATUTE- For the purpose of carrying out his duties, the Secretary of the Senate is authorized to incur official travel expenses. The Secretary of the Senate is authorized to advance, in his discretion, to any designated employee under his jurisdiction, such sums as may be necessary, not exceeding $1,000, to defray official travel expenses in assisting the Secretary in carrying out his duties. Any such employee shall, as soon as practicable, furnish to the Secretary a detailed voucher for such expenses incurred and make settlement with respect to any amount so advanced. Payments to carry out the provisions of this section shall be made from funds included in the appropriation 'Miscellaneous Items' under the heading 'Contingent Expenses of the Senate' upon vouchers approved by the Secretary of the Senate. -SOURCE- (Pub. L. 94-59, title I, Sec. 101, July 25, 1975, 89 Stat. 273; Pub. L. 95-94, title I, Sec. 106, Aug. 5, 1977, 91 Stat. 661; Pub. L. 95-355, title I, Sec. 101, Sept. 8, 1978, 92 Stat. 533; Pub. L. 97-12, title I, Sec. 102, June 5, 1981, 95 Stat. 61; Pub. L. 98-367, title I, Sec. 1, July 17, 1984, 98 Stat. 474.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-367 struck out provision that travel expenses could not exceed $10,000 during any fiscal year. 1981 - Pub. L. 97-12 substituted '$10,000' for '$7,500'. 1978 - Pub. L. 95-355 substituted '$7,500' for '$5,500'. 1977 - Pub. L. 95-94 substituted '$5,500' for '$5,000'. EFFECTIVE DATE OF 1984 AMENDMENT Section 1 of Pub. L. 98-367 provided that the amendment made by that section is effective with respect to fiscal years beginning on or after Oct. 1, 1983. EFFECTIVE DATE OF 1981 AMENDMENT Section 102 of Pub. L. 97-12 provided that the amendment made by that section is effective with respect to fiscal years beginning on or after Oct. 1, 1980. EFFECTIVE DATE OF 1978 AMENDMENT Section 101 of Pub. L. 95-355 provided that the amendment made by that section is effective with the fiscal year ending Sept. 30, 1978. EFFECTIVE DATE OF 1977 AMENDMENT Section 106 of Pub. L. 95-94 provided that the amendment made by that section is effective Oct. 1, 1977. ------DocID 7097 Document 190 of 1400------ -CITE- 2 USC Sec. 61a-10 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-10. Omitted -COD- 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. ------DocID 7098 Document 191 of 1400------ -CITE- 2 USC Sec. 61a-11 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-11. Abolition of statutory positions in Office of Secretary of Senate; Secretary's authority to establish and fix compensation for positions -STATUTE- Effective October 1, 1981, all statutory positions in the Office of the Secretary (other than the positions of the Secretary of the Senate, Assistant Secretary of the Senate, Parliamentarian, Financial Clerk, and Director of the Office of Classified National Security Information) are abolished, and in lieu of the positions hereby abolished the Secretary of the Senate is authorized to establish such number of positions as he deems appropriate and appoint and fix the compensation of employees to fill the positions so established; except that the annual rate of compensation payable to any employee appointed to fill any position established by the Secretary of the Senate shall not, for any period of time, be in excess of $1,000 less than the annual rate of compensation of the Secretary of the Senate for that period of time; and except that nothing in this section shall be construed to affect any position authorized by statute, if the compensation for such position is to be paid from the contingent fund of the Senate. -SOURCE- (Pub. L. 97-51, Sec. 114, Oct. 1, 1981, 95 Stat. 963.) -MISC1- 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 60a-1 of this title. ------DocID 7099 Document 192 of 1400------ -CITE- 2 USC Sec. 61b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61b. Compensation of Parliamentarian of Senate -STATUTE- The Parliamentarian of the Senate may be paid at a maximum annual rate of compensation not to exceed $39,000. -SOURCE- (Aug. 5, 1955, ch. 568, 69 Stat. 499; June 27, 1956, ch. 453, 70 Stat. 356; Aug. 13, 1974, Pub. L. 93-371, Sec. 4, 88 Stat. 429; July 25, 1975, Pub. L. 94-59, title I, Sec. 105, 89 Stat. 275.) -MISC1- AMENDMENTS 1975 - Pub. L. 94-59 substituted '$39,000' for '$37,620', effective July 1, 1975. 1974 - Pub. L. 93-371 substituted provisions authorizing a maximum annual rate of compensation not to exceed $37,620 for Parliamentarian, for provisions authorizing a gross annual compensation of $15,500 for Parliamentarian and $7,620 for Assistant Parliamentarian, effective July 1, 1974. 1956 - Act June 27, 1956, increased compensation of Parliamentarian of Senate from $8,820 basic annual compensation to $15,500 gross annual compensation, and basic annual compensation of Assistant Parliamentarian of Senate from $7,260 to $7,620, effective July 1, 1956. 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 61a of this title. INCREASES IN COMPENSATION Increases in compensation for Senate officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90-206) and Federal Pay Comparability Act of 1970 (Pub. L. 91- 656), see section 60a-1 of this title, and Salary Directives of President pro tempore of the Senate set out as notes under that section. SECRETARY OF SENATE TO FIX COMPENSATION OF ASSISTANT PARLIAMENTARIAN Pub. L. 86-213, Sept. 1, 1959, 73 Stat. 443, authorized Secretary of Senate to fix compensation of Assistant Parliamentarian, on and after Sept. 1, 1959, at not to exceed $7,620 basic per annum. See section 61a-11 of this title. ------DocID 6927 Document 193 of 1400------ -CITE- 2 USC Sec. 22 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 22. Oath of President of Senate -STATUTE- 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. -SOURCE- (R.S. Sec. 29.) -COD- CODIFICATION R.S. Sec. 29 derived from act June 1, 1789, ch. 1, Sec. 2, 1 Stat. 23. ------DocID 7101 Document 194 of 1400------ -CITE- 2 USC Sec. 61b-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61b-3. Professional archivist; Secretary's authority to obtain services from General Services Administration -STATUTE- For each fiscal year (beginning with the fiscal year which ends September 30, 1982), the Secretary of the Senate is authorized to expend from the contingent fund of the Senate such amount as may be necessary to enable the Secretary to obtain from the General Services Administration the services of a professional archivist. Such services shall be obtained on a reimbursable basis and shall not be obtained except with the consent of the General Services Administration and the Committee on Rules and Administration. -SOURCE- (Pub. L. 97-92, title I, Sec. 125, Dec. 15, 1981, 95 Stat. 1198.) -MISC1- REIMBURSEMENT OF ARCHIVIST OF THE UNITED STATES FOR EXPENDITURES FOR PROJECT TO PROVIDE FOR PRESERVATION OF RECORDS OF CONTINUING VALUE OF SENATE; PAYMENT, ETC., OF AMOUNTS Pub. L. 97-257, title I, Sec. 107, Sept. 10, 1982, 96 Stat. 850, provided that: 'For the fiscal year ending September 30, 1982, and for each of the next three succeeding fiscal years, the Secretary of the Senate is authorized to pay to the General Services Administration such amounts as may be necessary to reimburse the Archivist of the United States for expenditures made to conduct a project to provide for the proper preservation of the Senate's records of continuing value, which expenditures cannot be defrayed from funds otherwise available for such purpose. The aggregate of the sums paid to the General Services Administration under this section shall not exceed $300,000. Amounts paid under this section shall be paid from the contingent fund of the Senate on vouchers approved by the Secretary of the Senate.' ------DocID 7102 Document 195 of 1400------ -CITE- 2 USC Sec. 61c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61c. Omitted -COD- 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. -MISC3- PRIOR PROVISIONS A prior section 61c, acts Aug. 5, 1955, ch. 568, Sec. 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. ------DocID 7103 Document 196 of 1400------ -CITE- 2 USC Sec. 61c-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61c-1. Adjustment of rate of compensation by Secretary of Senate -STATUTE- Any specific rate of compensation established by law, as such rate has been increased or may hereafter be increased by or pursuant to law, for any position under the jurisdiction of the Secretary shall be considered as the maximum rate of compensation for that position, and the Secretary is authorized to adjust the rate of compensation of an individual occupying any such position to a rate not exceeding such maximum rate. -SOURCE- (Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 808.) -MISC1- 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 section 60a-1 of this title, and Salary Directives of President pro tempore of the Senate, set out as notes under that section. ------DocID 6928 Document 197 of 1400------ -CITE- 2 USC Sec. 23 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 23. Presiding officer of Senate may administer oaths -STATUTE- 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. -SOURCE- (Apr. 18, 1876, ch. 66, Sec. 1, 19 Stat. 34.) ------DocID 7105 Document 198 of 1400------ -CITE- 2 USC Sec. 61d -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61d. Compensation of Chaplain of Senate -STATUTE- Effective with respect to pay periods beginning on or after December 22, 1987, the Chaplain of the Senate shall be compensated at a rate equal to the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5. -SOURCE- (Pub. L. 100-202, Sec. 101(i) (title I, Sec. 2(a)), Dec. 22, 1987, 101 Stat. 1329-290, 1329-294.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1988, which is title I of the Legislative Branch Appropriations Act, 1988. -MISC3- 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, Sec. 103, July 25, 1979, 93 Stat. 112; Pub. L. 97-51, Sec. 121, Oct. 1, 1981, 95 Stat. 965, provided that effective October 1, 1981, the compensation of the Chaplain of the Senate would be $52,750. Another prior section 61d, acts Aug. 5, 1955, ch. 568, Sec. 1, 69 Stat. 499; July 12, 1960, Pub. L. 86-628, 74 Stat. 446; Aug. 14, 1964, Pub. L. 88-426, title II, Sec. 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. 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 60a-1 of this title. ------DocID 7106 Document 199 of 1400------ -CITE- 2 USC Sec. 61d-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61d-1. Compensation of employees of Chaplain of Senate -STATUTE- The Chaplain of the Senate may appoint and fix the compensation of such employees as he deems appropriate, except that the amount which may be paid for any fiscal year as gross compensation for personnel in such Office for any fiscal year shall not exceed $147,000. -SOURCE- (Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 340; Pub. L. 100-202, Sec. 101(i) (title I, Sec. 2(b)), Dec. 22, 1987, 101 Stat. 1329-290, 1329-294; Pub. L. 101-163, title I, Sec. 10, Nov. 21, 1989, 103 Stat. 1046.) -MISC1- PRIOR PROVISIONS A prior section 61d-1, Pub. L. 93-371, Aug. 13, 1974, 88 Stat. 424; Pub. L. 96-38, title I, Sec. 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. AMENDMENTS 1989 - Pub. L. 101-163 substituted 'such employees as he deems appropriate, except that the amount which may be paid for any fiscal year as gross compensation for personnel in such Office for any fiscal year shall not exceed $147,000' for 'a secretary'. 1987 - Pub. L. 100-202 amended section generally. Prior to amendment, section read as follows: 'The Chaplain may appoint and fix the compensation of a secretary at not to exceed $8,541 per annum.' INCREASES IN COMPENSATION Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91-655), see Salary Directives of President pro tempore of the Senate, set out as notes under section 60a-1 of this title. ------DocID 6929 Document 200 of 1400------ -CITE- 2 USC Sec. 24 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 24. Secretary of Senate or assistant secretary may administer oaths -STATUTE- 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. -SOURCE- (Apr. 18, 1876, ch. 66, Sec. 2, 19 Stat. 34; July 9, 1971, Pub. L. 92-51, 85 Stat. 125.) -CHANGE- 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. ------DocID 7108 Document 201 of 1400------ -CITE- 2 USC Sec. 61e -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61e. Compensation of Sergeant at Arms and Doorkeeper of Senate -STATUTE- The Sergeant at Arms and Doorkeeper of the Senate shall be paid at an annual rate of compensation of $40,000. -SOURCE- (Pub. L. 88-426, title II, Sec. 203(g), Aug. 14, 1964, 78 Stat. 415; Pub. L. 93-371, Sec. 4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275.) -MISC1- PRIOR PROVISIONS A prior section 61e, act Aug. 5, 1955, ch. 568, Sec. 1, 69 Stat. 501, prescribed gross annual compensation of Sergeant at Arms of Senate. AMENDMENTS 1975 - Pub. L. 94-59 substituted 'an annual rate of compensation of $40,000' for 'a rate of $38,760 per annum', effective July 1, 1975. 1974 - Pub. L. 93-371 substituted provisions authorizing Sergeant at Arms and Doorkeeper to be paid at an annual rate of compensation of $38,760, for provisions setting forth compensation of Sergeant at Arms at rate of $27,500 per annum, effective July 1, 1974. EFFECTIVE DATE Section effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426. 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 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 61a of this title. INCREASES IN COMPENSATION Increases in compensation for Senate officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90-206) and Federal Pay Comparability Act of 1970 (Pub. L. 91-656), see section 60a-1 of this title, and Salary Directives of President pro tempore of the Senate, set out as notes under that section. ------DocID 7109 Document 202 of 1400------ -CITE- 2 USC Sec. 61e-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61e-1. Compensation of Deputy Sergeant at Arms and Doorkeeper of Senate -STATUTE- Effective August 1, 1979, the Sergeant at Arms and Doorkeeper may fix the compensation of the Deputy Sergeant at Arms and Doorkeeper at an annual rate not to exceed the maximum annual rate of compensation of the Assistant Secretary of the Senate. -SOURCE- (Pub. L. 94-226, Sec. 1(a), Mar. 9, 1976, 90 Stat. 203; Pub. L. 96-38, title I, Sec. 106(1), July 25, 1979, 93 Stat. 112.) -MISC1- AMENDMENTS 1979 - Pub. L. 96-38 raised the maximum annual rate of compensation of Deputy Sergeant at Arms and Doorkeeper of Senate to a rate the same as the maximum annual rate of compensation of Assistant Secretary of Senate. EFFECTIVE DATE Section 1(b) of Pub. L. 94-226 provided that: 'Subsection (a) (enacting this section) shall take effect on January 1, 1976, and, notwithstanding any other provision of law, any increase in compensation made under authority of such subsection may take effect on that date or any date thereafter as prescribed by the Sergeant at Arms and Doorkeeper at the time of making such increase.' -CHANGE- CHANGE OF NAME Section 1(c) of Pub. L. 94-226 provided that: 'Effective on the date of enactment of this resolution (Mar. 9, 1976) the title of the Procurement Officer, Auditor, and Deputy Sergeant at Arms is changed to Deputy Sergeant at Arms and Doorkeeper.' -MISC4- AUTHORITY OF PRESIDENT PRO TEMPORE OF THE SENATE TO RAISE OR ADJUST RATE OF COMPENSATION Section 1(a) of Pub. L. 94-226 provided in part that: 'This subsection (this section) 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 the rate of compensation referred to in this subsection (this section) under section 4 of the Federal Pay Comparability Act of 1970 (section 60a-1 of this title).' ------DocID 6930 Document 203 of 1400------ -CITE- 2 USC Sec. 25 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 25. Oath of Speaker, Members, and Delegates -STATUTE- 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. -SOURCE- (R.S. Sec. 30; Feb. 18, 1948, ch. 53, 62 Stat. 20.) -COD- CODIFICATION R.S. Sec. 30 derived from act June 1, 1789, ch. 1, Sec. 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. -MISC3- AMENDMENTS 1948 - Act Feb. 18, 1948, added last two paragraphs to provide a way by which any Member of the House of Representatives can establish by record evidence the fact that he took the oath of office and so became a member. -CROSS- CROSS REFERENCES Provisions respecting representation in Congress by a delegate from District of Columbia to House of Representatives, see section 25a of this title. Provisions respecting representation in Congress by a Delegate from Guam and Virgin Islands to House of Representatives, see section 1711 et seq. of Title 48, Territories and Insular Possessions. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 7111 Document 204 of 1400------ -CITE- 2 USC Sec. 61e-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61e-3. Deputy Sergeant at Arms and Doorkeeper to act on death, resignation, disability, or absence of Sergeant at Arms and Doorkeeper of Senate -STATUTE- In the event of the death, resignation, or disability of the Sergeant at Arms and Doorkeeper of the Senate, the Deputy Sergeant at Arms and Doorkeeper shall act as Sergeant at Arms and Doorkeeper of the Senate in carrying out the duties and responsibilities of that office in all matters until such time as a new Sergeant at Arms and Doorkeeper of the Senate shall have been elected and qualified or such disability shall have been ended. For purposes of this section, the Sergeant at Arms and Doorkeeper of the Senate shall be considered as disabled only during such period of time as the Majority and Minority Leaders and the President Pro Tempore of the Senate certify jointly to the Senate that the Sergeant at Arms and Doorkeeper of the Senate is unable to perform his duties. In the event that the Sergeant at Arms and Doorkeeper of the Senate is absent, the Deputy Sergeant at Arms and Doorkeeper shall act during such absence as the Sergeant at Arms and Doorkeeper of the Senate in carrying out the duties and responsibilities of the office in all matters. -SOURCE- (Pub. L. 97-51, Sec. 128, Oct. 1, 1981, 95 Stat. 966.) ------DocID 7112 Document 205 of 1400------ -CITE- 2 USC Sec. 61e-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61e-4. Designation by Sergeant at Arms and Doorkeeper of Senate of persons to approve vouchers for payment of moneys -STATUTE- The Sergeant at Arms and Doorkeeper of the Senate (hereinafter in this section referred to as the 'Sergeant at Arms') may designate one or more employees in the Office of the Sergeant at Arms and Doorkeeper of the Senate to approve, on his behalf, all vouchers, for payment of moneys, which the Sergeant at Arms is authorized to approve. Whenever the Sergeant at Arms makes a designation under the authority of the preceding sentence, he shall immediately notify the Committee on Rules and Administration in writing of the designation, and thereafter any approval of any voucher, for payment of moneys, by an employee so designated shall (until such designation is revoked and the Sergeant at Arms notifies the Committee on Rules and Administration in writing of the revocation) be deemed and held to be approved by the Sergeant at Arms for all intents and purposes. -SOURCE- (Pub. L. 98-181, title I, Sec. 1201, Nov. 30, 1983, 97 Stat. 1289.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1984. ------DocID 7113 Document 206 of 1400------ -CITE- 2 USC Sec. 61f, 61f-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61f, 61f-1. Omitted -MISC1- 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. ------DocID 7114 Document 207 of 1400------ -CITE- 2 USC Sec. 61f-1a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61f-1a. Travel expenses of Sergeant at Arms and Doorkeeper of Senate -STATUTE- For the purpose of carrying out his duties, the Sergeant at Arms and Doorkeeper of the Senate is authorized to incur official travel expenses during each fiscal year not to exceed the sums made available for such purpose under appropriations Acts. With the approval of the Sergeant at Arms and Doorkeeper of the Senate and in accordance with such regulations as may be promulgated by the Senate Committee on Rules and Administration, the Secretary of the Senate is authorized to advance to the Sergeant at Arms or to any designated employee under the jurisdiction of the Sergeant at Arms and Doorkeeper, such sums as may be necessary to defray official travel expenses incurred in carrying out the duties of the Sergeant at Arms and Doorkeeper. The receipt of any such sum so advanced to the Sergeant at Arms and Doorkeeper or to any designated employee shall be taken and passed by the accounting officers of the Government as a full and sufficient voucher; but it shall be the duty of the traveler, as soon as practicable, to furnish to the Secretary of the Senate a detailed voucher of the expenses incurred for the travel with respect to which the sum was so advanced, and make settlement with respect to such sum. Payments under this section shall be made from funds included in the appropriations account, within the contingent fund of the Senate, for the Sergeant at Arms and Doorkeeper of the Senate, upon vouchers approved by the Sergeant at Arms and Doorkeeper. -SOURCE- (Pub. L. 94-303, title I, Sec. 117, June 1, 1976, 90 Stat. 615; Pub. L. 95-391, title I, Sec. 106, Sept. 30, 1978, 92 Stat. 772; Pub. L. 96-86, Sec. 111(c), Oct. 12, 1979, 93 Stat. 661; Pub. L. 97-12, title I, Sec. 108, June 5, 1981, 95 Stat. 62; Pub. L. 100-458, title I, Sec. 6, Oct. 1, 1988, 102 Stat. 2161; Pub. L. 101-520, title I, Sec. 6, Nov. 5, 1990, 104 Stat. 2258.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-520 amended section generally. Prior to amendment, section read as follows: 'For the purpose of carrying out his duties, the Sergeant at Arms and Doorkeeper of the Senate is authorized to incur official travel expenses not to exceed $250,000 during any fiscal year. With the approval of the Sergeant at Arms and Doorkeeper, the Secretary of the Senate is authorized to advance to any designated employee under the jurisdiction of the Sergeant at Arms and Doorkeeper such sums as may be necessary, not exceeding $1,000, to defray official travel expenses in assisting the Sergeant at Arms and Doorkeeper in carrying out his duties. Any such employee shall, as soon as practicable, furnish to the Sergeant at Arms and Doorkeeper a detailed voucher for such expenses incurred and make settlement with respect to any amount so advanced. For purposes of this section, official travel expenses includes travel expenses incurred in connection with training of employees only if the training has been approved by the Committee on Rules and Administration of the Senate. Payments under this section shall be made from funds included in the appropriation 'Miscellaneous Items' under the heading 'Contingent Expenses of the Senate' upon vouchers approved by the Sergeant at Arms and Doorkeeper.' 1988 - Pub. L. 100-458, which directed the substitution of 'not to exceed $250,000 during any fiscal year' for 'not to exceed $167,000 during any fiscal year' was executed by making the substitution for 'not exceeding $167,000 during any fiscal year' as the probable intent of Congress because of absence of 'not to exceed' in text. 1981 - Pub. L. 97-12 substituted '$167,000' for '$92,000'. 1979 - Pub. L. 96-86 substituted '$92,000' for '$25,000'. 1978 - Pub. L. 95-391 substituted '$25,000' for '$10,000'. EFFECTIVE DATE OF 1990 AMENDMENT Section 6 of Pub. L. 101-520 provided that the amendment made by that section is effective in the case of fiscal years which begin after Sept. 30, 1990. EFFECTIVE DATE OF 1988 AMENDMENT Section 6 of Pub. L. 100-458 provided that the amendment made by that section is effective with fiscal year ending Sept. 30, 1988. EFFECTIVE DATE OF 1981 AMENDMENT Section 108 of Pub. L. 97-12 provided that the amendment made by that section is effective with the fiscal year ending Sept. 30, 1981. EFFECTIVE DATE OF 1979 AMENDMENT Section 111(c) of Pub. L. 96-86 provided that the amendment made by that section is effective with the fiscal year ending Sept. 30, 1980. ------DocID 6931 Document 208 of 1400------ -CITE- 2 USC Sec. 25a -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 25a. Delegate to House of Representatives from District of Columbia -STATUTE- (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. -SOURCE- (Pub. L. 91-405, title II, Sec. 202, Sept. 22, 1970, 84 Stat. 848.) -REFTEXT- 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, as amended, which appears in subchapter I (Sec. 1-1301 et seq.) of chapter 13 of Title 1, Administration, of the District of Columbia Code. Section 2(2) of that Act appears in section 1-1302(2) of the District of Columbia Code. -COD- CODIFICATION Section is also set out in D.C. Code Sec. 1-401. -MISC3- EFFECTIVE DATE Section 206(b) of title II of Pub. L. 91-405 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 1973i of Title 42, The Public Health and Welfare) shall take effect on the date of its enactment (Sept. 22, 1970).' ------DocID 7116 Document 209 of 1400------ -CITE- 2 USC Sec. 61f-7 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61f-7. Abolition of statutory positions in Office of Sergeant at Arms and Doorkeeper of Senate; authority to establish and fix compensation for positions -STATUTE- Effective October 1, 1981, all statutory positions in the Office of the Sergeant at Arms and Doorkeeper of the Senate (other than the positions of the Sergeant at Arms and Doorkeeper of the Senate, Deputy Sergeant at Arms and Doorkeeper, and Administrative Assistant) are abolished, and in lieu of the positions hereby abolished the Sergeant at Arms and Doorkeeper of the Senate is authorized to establish such number of positions as he deems appropriate and appoint and fix the compensation of employees to fill the positions so established; except that the annual rate of compensation payable to any employee appointed to fill any position established by the Sergeant at Arms and Doorkeeper of the Senate shall not, for any period of time, be in excess of $1,000 less than the annual rate of compensation of the Sergeant at Arms and Doorkeeper of the Senate for that period of time; and except that nothing in this section shall be construed to affect any position authorized by statute, if the compensation for such position is to be paid from the contingent fund of the Senate. -SOURCE- (Pub. L. 97-51, Sec. 116, Oct. 1, 1981, 95 Stat. 963.) -MISC1- INCREASES IN COMPENSATION Increases in compensation for Senate officers and employees under authority of the 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 60a-1 of this title. ------DocID 7117 Document 210 of 1400------ -CITE- 2 USC Sec. 61f-8 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61f-8. Use by Sergeant at Arms and Doorkeeper of Senate of individual consultants or organizations, and department and agency personnel -STATUTE- For each fiscal year (beginning with the fiscal year which ends September 30, 1982), the Sergeant at Arms and Doorkeeper of the Senate is hereby authorized to expend from the account for the Sergeant at Arms and Doorkeeper of the Senate, within the contingent fund of the Senate, an amount not to exceed $300,000: (1) the procurement of the services, on a temporary basis, of individual consultants, or organizations thereof, with the prior consent of the Committee on Rules and Administration; such services may be procured by contract with the providers acting as independent contractors, or in the case of individuals, by employment at daily rates of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate; and any such contract shall not be subject to the provisions of section 5 of title 41 or any other provision of law requiring advertising; and (2) with the prior consent of the Government department or agency concerned and the Committee on Rules and Administration, use on a reimbursable basis (with reimbursement payable at the end of each calendar quarter for services rendered during such quarter) of the services of personnel of any such department or agency. Payments made under this section shall be made upon vouchers approved by the Sergeant at Arms and Doorkeeper of the Senate. -SOURCE- (Pub. L. 97-51, Sec. 117, Oct. 1, 1981, 95 Stat. 964; Pub. L. 97-257, title I, Sec. 103, Sept. 10, 1982, 96 Stat. 849; Pub. L. 98-367, title I, Sec. 7, July 17, 1984, 98 Stat. 475; Pub. L. 100-458, title I, Sec. 7, Oct. 1, 1988, 102 Stat. 2162.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-458 substituted 'from the account for the Sergeant at Arms and Doorkeeper of the Senate, within the contingent fund of the Senate, an amount not to exceed $300,000:' for 'from the contingent fund of the Senate an amount not to exceed $210,000 for:'. 1984 - Pub. L. 98-367 substituted '$210,000' for '$60,000'. 1982 - Par. (1). Pub. L. 97-257 substituted 'the procurement of the services, on a temporary basis, of individual consultants, or organizations thereof, with the prior consent of the Committee on Rules and Administration; such services may be procured by contract with the providers acting as independent contractors, or in the case of individuals, by employment at daily rates of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate; and any such contract shall not be subject to the provisions of section 5 of title 41 or any other provision of law requiring advertising; and' for 'the procurement of individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate with the prior consent of the Committee on Rules and Administration; and'. ------DocID 7118 Document 211 of 1400------ -CITE- 2 USC Sec. 61f-9 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61f-9. Employment of personnel by Sergeant at Arms and Doorkeeper of Senate at daily rates of compensation; authorization; limitation on amount of compensation -STATUTE- The Sergeant at Arms and Doorkeeper of the Senate, in carrying out the duties of his office, is authorized to employ personnel at daily rates of compensation; no individual so employed shall be paid at a daily rate of compensation which is in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate; and payments under authority of this section shall be made from the account, within the contingent fund of the Senate, for the 'Sergeant at Arms and Doorkeeper of the Senate', upon vouchers approved by the Sergeant at Arms and Doorkeeper of the Senate. -SOURCE- (Pub. L. 98-367, title I, Sec. 6, July 17, 1984, 98 Stat. 475.) -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1985, which is title I of the Legislative Branch Appropriations Act, 1985. ------DocID 7119 Document 212 of 1400------ -CITE- 2 USC Sec. 61g -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61g. Compensation of Secretaries for Senate Majority and Minority -STATUTE- The Secretary for the Majority of the Senate (other than the incumbent holding office on April 1, 1977) and the Secretary for the Minority of the Senate shall each be paid at an annual rate of compensation of $39,500. -SOURCE- (Pub. L. 93-371, Sec. 4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275; Pub. L. 95-26, title I, Sec. 102(a), May 4, 1977, 91 Stat. 82.) -MISC1- PRIOR PROVISIONS A prior section 61g, acts Aug. 5, 1955, ch. 568, 69 Stat. 502; June 27, 1956, ch. 453, Sec. 101, 70 Stat. 357, prescribed the gross annual compensation of Secretaries of Senate Majority and Minority. AMENDMENTS 1977 - Pub. L. 95-26 substituted 'April 1, 1977' for 'July 1, 1975'. Provisions covering the compensation of the incumbent holding the office of Secretary for the Majority of the Senate on July 1, 1975, were dropped as executed. See successor provisions set out as a note below. 1975 - Pub. L. 94-59 increased annual rate of compensation of both Secretary for Majority of Senate and Secretary for Minority of Senate from $38,190 to $39,500 and substituted provisions excepting incumbent Secretary for Majority holding office on July 1, 1975, from mandatory payment of $39,500 rate but authorizing payment to him as long as he occupies that position at a maximum annual rate of compensation not to exceed $39,500 for provisions excepting Secretary for Majority holding office on June 15, 1974, from mandatory payment of the $38,190 rate but authorizing payment to him as long as he occupied that position at a maximum annual rate of compensation not to exceed $38,190. EFFECTIVE DATE OF 1975 AMENDMENT Section 105 of Pub. L. 94-59 provided that the increase in the rate of compensation to $39,500 is effective July 1, 1975. EFFECTIVE DATE Section effective July 1, 1974, see section 4 of Pub. L. 93-371, set out in part as an Effective Date of 1974 Amendment note under section 61a of this title. COMPENSATION OF INCUMBENT HOLDING POSITION OF SECRETARY FOR THE MAJORITY ON APRIL 1, 1977 Section 102(b) of Pub. L. 95-26 provided that: 'The Majority Leader of the Senate is authorized to fix the compensation of the Secretary for the Majority so long as the position is held by the incumbent holding such position on April 1, 1977.' 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 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 61a of this title. 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 60a-1 of this title. 1964 INCREASE IN GROSS ANNUAL COMPENSATION Rates of gross compensation of Secretaries for Senate Majority and Minority, see section 202(f), (g) of Pub. L. 88-426, title II, Aug. 14, 1964, 78 Stat. 414, set out as a note under section 60a-1 of this title. ------DocID 7120 Document 213 of 1400------ -CITE- 2 USC Sec. 61g-1 to 61g-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61g-1 to 61g-3. Omitted -COD- CODIFICATION Section 61g-1, Pub. L. 89-691, title IV, Sec. 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 61g 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 61g-5 of this title. ------DocID 7121 Document 214 of 1400------ -CITE- 2 USC Sec. 61g-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61g-4. Appointment and compensation of employees by Secretary of Conference of Majority of Senate and Secretary of Conference of Minority of Senate -STATUTE- Effective October 1, 1979, the Secretary of the Conference of the Majority and the Secretary of the Conference of the Minority are each authorized to appoint and fix the compensation of such employees as they deem appropriate: Provided, That the gross compensation paid to such employees shall not exceed $70,000 each fiscal year for each Secretary. -SOURCE- (Pub. L. 96-38, title I, Sec. 102, July 25, 1979, 93 Stat. 111.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1979. -MISC3- PRIOR PROVISIONS A prior section 61g-4, Pub. L. 95-26, title I, Sec. 100, May 4, 1977, 91 Stat. 80, authorized Secretary of the Conference of the Majority and Secretary of the Conference of the Minority each to appoint and fix the compensation of an Executive Assistant and a Secretary. These positions were abolished by section 102 of Pub. L. 96-38, effective Oct. 1, 1979. 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 60a-1 of this title. ------DocID 7122 Document 215 of 1400------ -CITE- 2 USC Sec. 61g-5 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61g-5. Appointment and compensation of employees by Secretaries of Senate Majority and Minority; gross compensation -STATUTE- Effective October 1, 1977, the Secretary for the Majority and the Secretary for the Minority are each authorized to appoint and fix the compensation of such employees as they deem appropriate: Provided, That the gross compensation paid to such employees shall not exceed $143,200 each fiscal year for each Secretary. -SOURCE- (Pub. L. 95-94, title I, Aug. 5, 1977, 91 Stat. 658, 659.) -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978. -MISC3- 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 60a-1 of this title. ------DocID 7123 Document 216 of 1400------ -CITE- 2 USC Sec. 61g-6 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61g-6. Payment of expenses of Conference of Majority and Conference of Minority from Senate contingent fund -STATUTE- For each fiscal year (beginning with the fiscal year which ends September 30, 1982) there is authorized to be expended from the contingent fund of the Senate an amount, not in excess of $75,000, for the Conference of the Majority and an equal amount for the Conference of the Minority. Payments under this section shall be made only for expenses actually incurred by such a Conference in carrying out its functions, and shall be made upon certification and documentation of the expenses involved, by the Chairman of the Conference claiming payment hereunder and upon vouchers approved by such Chairman and by the Committee on Rules and Administration, except that vouchers shall not be required for payment of long-distance telephone calls. -SOURCE- (Pub. L. 97-51, Sec. 120, Oct. 1, 1981, 95 Stat. 965; Pub. L. 97-276, Oct. 2, 1982, Sec. 101(e), 96 Stat. 1189; Pub. L. 99-151, title I, Sec. 1, Nov. 13, 1985, 99 Stat. 794; Pub. L. 101-163, title I, Nov. 21, 1989, 103 Stat. 1043; Pub. L. 101-520, title I, Nov. 5, 1990, 104 Stat. 2256.) -COD- CODIFICATION The 1982 amendment by Pub. L. 97-276 is based on section 105 of S. 2939, Ninety-seventh 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. -MISC3- AMENDMENTS 1990 - Pub. L. 101-520 substituted '$75,000' for '$50,000'. 1989 - Pub. L. 101-163 substituted '$50,000' for '$40,000'. 1985 - Pub. L. 99-151 inserted ', except that vouchers shall not be required for payment of long-distance telephone calls'. 1982 - Pub. L. 97-276 substituted '$40,000' for '$30,000'. See Codification note above. EFFECTIVE DATE OF 1990 AMENDMENT Title I of Pub. L. 101-520 provided that the amendment made by Pub. L. 101-520 is effective in the case of fiscal years beginning after Sept. 30, 1990. EFFECTIVE DATE OF 1989 AMENDMENT Title I of Pub. L. 101-163 provided that the amendment made by Pub. L. 101-163 is effective in the case of fiscal years beginning after Sept. 30, 1989. EFFECTIVE DATE OF 1982 AMENDMENT Section 105 of S. 2939, Ninety-seventh 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 amendment made by that section is effective for fiscal years beginning after Sept. 30, 1981. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 61g-6a, 61g-7 of this title. ------DocID 7124 Document 217 of 1400------ -CITE- 2 USC Sec. 61g-6a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61g-6a. Salaries for Conference of Majority and Conference of Minority of Senate; transfer of funds from appropriation account -STATUTE- The Chairman of the Majority or Minority Conference Committee of the Senate may, during any fiscal year (commencing with the fiscal year ending September 30, 1991), at his election transfer not more than $75,000 from the appropriation account for salaries for the Conference of the Majority and the Conference of the Minority of the Senate, to the account, within the contingent fund of the Senate, from which expenses are payable under section 61g-6 of this title. Any transfer of funds under authority of the preceding sentence shall be made at such time or times as such chairman shall specify in writing to the Senate Disbursing Office. Any funds so transferred by the Chairman of the Majority or Minority Conference Committee shall be available for expenditure by such committee in like manner and for the same purposes as are other moneys which are available for expenditure by such committee from the account, within the contingent fund of the Senate, from which expenses are payable under section 61g-6 of this title. -SOURCE- (Pub. L. 101-520, title I, Sec. 1, Nov. 5, 1990, 104 Stat. 2257.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 101-163, title I, Sec. 1, Nov. 21, 1989, 103 Stat. 1044. Pub. L. 100-458, title I, Sec. 1, Oct. 1, 1988, 102 Stat. 2161. Pub. L. 100-202, Sec. 101(i) (title I, Sec. 7), Dec. 22, 1987, 101 Stat. 1329-290, 1329-294. ------DocID 7125 Document 218 of 1400------ -CITE- 2 USC Sec. 61g-7 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61g-7. Services of consultants to Majority and Minority Conference Committee of Senate -STATUTE- (a) Authorization of expenditure with approval of Committee on Rules and Administration Funds authorized to be expended under section 61g-6 of this title may be used by the Majority or Minority Conference Committee of the Senate, with the approval of the Committee on Rules and Administration, to procure the temporary services (not in excess of one year) or intermittent services of individual consultants, or organizations thereof, to make studies or advise the committee with respect to any matter within its jurisdiction. (b) Procurement by contract or employment Such services in the case of individuals or organizations may be procured by contract as independent contractors, or in the case of individuals, by employment at daily rates of compensation not in excess of the per diem equivalent of the highest gross rate of compensation which may be paid to a regular employee of such committee. Such contracts shall not be subject to the provisions of section 5 of title 41 or any other provision of law requiring advertising. (c) Selection of consultant or organization by Conference Committee chairman Any such consultant or organization shall be selected for the Majority or Minority Conference Committee of the Senate by the chairman thereof. -SOURCE- (Pub. L. 99-88, title I, Sec. 195, Aug. 15, 1985, 99 Stat. 349.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1985. ------DocID 7126 Document 219 of 1400------ -CITE- 2 USC Sec. 61g-8 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61g-8. Utilization of funds for specialized training of professional staff for Majority and Minority Conference Committee of Senate -STATUTE- Funds appropriated to the Conference of the Majority and funds appropriated to the Conference of the Minority for any fiscal year (commencing with the fiscal year ending September 30, 1991), may be utilized in such amounts as the Chairman of each Conference deems appropriate for the specialized training of professional staff, subject to such limitations, insofar as they are applicable, as are imposed by the Committee on Rules and Administration with respect to such training when provided to professional staff of standing committees of the Senate. -SOURCE- (Pub. L. 101-520, title I, Sec. 2, Nov. 5, 1990, 104 Stat. 2257.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991. -MISC3- SIMILAR PROVISIONS Provisions relating to utilization of funds for specific fiscal year for specialized training of professional staff for Majority and Minority Conference Committee of Senate were contained in the following appropriation acts: Pub. L. 101-163, title I, Sec. 2, Nov. 21, 1989, 103 Stat. 1044. Pub. L. 100-458, title I, Sec. 2, Oct. 1, 1988, 102 Stat. 2161. Pub. L. 100-202, Sec. 101(i) (title I), Dec. 22, 1987, 101 Stat. 1329-290, 1329-292. ------DocID 7127 Document 220 of 1400------ -CITE- 2 USC Sec. 61h, 61h-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61h, 61h-1. Omitted -COD- CODIFICATION Section 61h, Pub. L. 93-371, Sec. 4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275, 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 61g-5 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, Sec. 4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275, 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 61h-4 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. -MISC3- 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 61h-4 of this title. ------DocID 6932 Document 221 of 1400------ -CITE- 2 USC Sec. 25b -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 25b. Delegate from District of Columbia; applicability of certain Federal laws -STATUTE- The provisions of law which appear in - (1) section 25 (relating to oath of office), (2) section 31 (relating to compensation), (3) section 34 (relating to payment of compensation), (4) section 35 (relating to payment of compensation), (5) section 37 (relating to payment of compensation), (6) section 38a (relating to compensation), (7) section 39 (relating to deductions for absence), (8) section 40 (relating to deductions for withdrawal), (9) section 40a (relating to deductions for delinquent indebtedness), (10) section 41 (relating to prohibition on allowance for newspapers), (11) section 42c (relating to postage allowance), (12) section 46b (relating to stationery allowance), (13) section 46b-1 (relating to stationery allowance), (14) section 46b-2 (relating to stationery allowance), (15) section 46g (relating to telephone, telegraph, and radiotelegraph allowance), (16) section 47 (relating to payment of compensation), (17) section 48 (relating to payment of compensation), (18) section 49 (relating to payment of compensation), (19) section 50 (relating to payment of compensation), (20) section 54 (relating to provision of United States Code Annotated or Federal Code Annotated), (21) section 60g-1 (FOOTNOTE 1) (relating to clerk hire), (FOOTNOTE 1) See References in Text note below. (22) section 60g-2(a) (FOOTNOTE 1) (relating to interns), (23) section 80 (relating to payment of compensation), (24) section 81 (FOOTNOTE 1) (relating to payment of compensation), (25) section 82 (FOOTNOTE 1) (relating to payment of compensation), (26) section 92 (relating to clerk hire), (27) section 92b (relating to pay of clerical assistants), (28) section 112e (relating to electrical and mechanical office equipment), (29) section 122 (FOOTNOTE 1) (relating to office space in the District of Columbia), and (30) section 123b (relating to use of House Recording Studio), of this title shall apply with respect to the Delegate to the House of Representatives from the District of Columbia in the same manner and to the same extent as they apply with respect to a Representative. The Federal Corrupt Practices Act and the Federal Contested Election Act (2 U.S.C. 381 et seq.) shall apply with respect to the Delegate to the House of Representatives from the District of Columbia in the same manner and to the same extent as they apply with respect to a Representative. -SOURCE- (Pub. L. 91-405, title II, Sec. 204(a), Sept. 22, 1970, 84 Stat. 852.) -REFTEXT- REFERENCES IN TEXT Section 60g-1 of this title, referred to in par. (21), was repealed by Pub. L. 91-510, title IV, Sec. 477(a)(2), Oct. 26, 1970, 84 Stat. 1195. See section 332 of this title. Section 60g-2 of this title, referred to in par. (22), which was based on House Resolution No. 416, Eighty-ninth Congress, June 16, 1965, as enacted into permanent law by Pub. L. 89-545, Sec. 103, Aug. 27, 1966, 80 Stat. 369, 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, Sec. 600, Jan. 3, 1974, 87 Stat. 1979. Present section 60g-2 of this title is based on section 1 of House Resolution No. 420 as enacted into permanent law by Pub. L. 93-245. Section 81 of this title, referred to in par. (24), was repealed by Pub. L. 93-344, title V, Sec. 505(2), July 12, 1974, 88 Stat. 322. Section 82 of this title, referred to in par. (25), was repealed by Pub. L. 92-310, title II, Sec. 220(d), (e), June 6, 1972, 86 Stat. 204. Section 122 of this title, referred to in par. (29), was repealed by Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 778. See section 122b et seq. of this title. The Federal Corrupt Practices Act, referred to in text, is act Feb. 28, 1925, ch. 368, title III, Sec. 301-317, 43 Stat. 1070, as amended, which was classified generally to chapter 8 (Sec. 241 et seq.) of this title, was repealed by acts June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and Feb. 7, 1972, Pub. L. 92-225, title IV, Sec. 405, 86 Stat. 20, and is covered generally by chapter 14 (Sec. 431 et seq.) of this title. For further details and for complete classification of this Act to the Code prior to its repeal, see notes set out under section 241 et seq. of this title and Tables. The Federal Contested Elections Act, referred to in text, is Pub. L. 91-138, Dec. 5, 1969, 83 Stat. 284, which is classified generally to chapter 12 (Sec. 381 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 381 of this title and Tables. -COD- CODIFICATION Section is also set out in D.C. Code Sec. 1-402. -MISC3- EFFECTIVE DATE Section effective Sept. 22, 1970, see section 206(b) of Pub. L. 91-405, set out as a note under section 25a of this title. ------DocID 7129 Document 222 of 1400------ -CITE- 2 USC Sec. 61h-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61h-4. Appointment of employees by Senate Majority and Minority Leaders; compensation -STATUTE- Effective April 1, 1977, the Majority Leader and the Minority Leader are each authorized to appoint and fix the compensation of such employees as they deem appropriate: Provided, That the gross compensation paid to such employees shall not exceed $191,700 each fiscal year for each Leader. -SOURCE- (Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 80.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1977. -MISC3- 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 60a-1 of this title. ------DocID 7130 Document 223 of 1400------ -CITE- 2 USC Sec. 61h-5 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61h-5. Assistants to Senate Majority and Minority Leaders for Floor Operations; establishment of positions; appointment; compensation -STATUTE- Effective October 1, 1983, there is established within the Offices of the Majority and Minority Leaders the positions of Assistant to the Majority Leader for Floor Operations and Assistant to the Minority Leader for Floor Operations, respectively. Individuals appointed to such positions by the Majority Leader and Minority Leader, respectively, shall receive compensation at a rate fixed by the appropriate Leader not to exceed the maximum annual rate of gross compensation of the Assistant Secretary of the Senate. -SOURCE- (Pub. L. 98-51, title I, Sec. 101(a), July 14, 1983, 97 Stat. 265.) -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984. -MISC3- 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, which provided that: 'Effective October 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 (2 U.S.C. 61h-5), are abolished.' 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 60a-1 of this title. ------DocID 7131 Document 224 of 1400------ -CITE- 2 USC Sec. 61h-6 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61h-6. Appointment of consultants by President pro tempore, Majority Leader, Minority Leader, and Secretary of Senate; compensation -STATUTE- (a) Effective April 1, 1977, the President Pro Tempore, Majority Leader,, (FOOTNOTE 1) and Secretary of the Senate are each authorized to appoint and fix the compensation of not more than two individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate. The Minority Leader of the Senate is authorized to appoint and fix the compensation of not more than four individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the preceding sentence. The provisions of section 8344 of title 5 shall not apply to any individual serving in a position under this authority. Expenditures under this authority shall be paid from the contingent fund of the Senate upon vouchers approved by the President Pro Tempore, Majority Leader, Minority Leader, and Secretary of the Senate, respectively. (FOOTNOTE 1) So in original. (b) The Majority Leader, the Minority Leader, and the President pro tempore of the Senate, in appointing individuals to consultant positions under authority of this section, may appoint one such individual to such position at an annual rate of compensation rather than at a daily rate of compensation, but such annual rate shall not be in excess of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate. -SOURCE- (Pub. L. 95-26, title I, Sec. 101, May 4, 1977, 91 Stat. 82; Pub. L. 95-94, title I, Sec. 110(a), Aug. 5, 1977, 91 Stat. 662; Pub. L. 100-458, title I, Sec. 4, 9, Oct. 1, 1988, 102 Stat. 2161, 2162; Pub. L. 101-302, title III, Sec. 314(a), May 25, 1990, 104 Stat. 245.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1977. -MISC3- AMENDMENTS 1990 - Pub. L. 101-302 designated existing provisions as subsec. (a) and added subsec. (b). 1988 - Pub. L. 100-458 provided for appointment, compensation, and voucher approval of two consultants by President pro tempore of Senate and increased the number of appointments by Minority Leader of Senate from two to four individuals. 1977 - Pub. L. 95-94 inserted two references to Secretary of Senate. EFFECTIVE DATE OF 1990 AMENDMENT Section 314(b) of Pub. L. 101-302 provided that: 'The amendments made by this section (amending this section) shall be effective in the case of appointments made after the date of enactment of this Act (May 25, 1990).' EFFECTIVE DATE OF 1977 AMENDMENT Section 110(b) of Pub. L. 95-94 provided that: 'The amendments made by subsection (a) (amending this section) shall take effect on August 1, 1977.' ------DocID 7132 Document 225 of 1400------ -CITE- 2 USC Sec. 61h-7 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61h-7. Chiefs of Staff for Senate Majority and Minority Leaders; appointment; compensation -STATUTE- (a) There is established within the Offices of the Majority and Minority Leaders the positions of Chief of Staff for the Majority Leader and Chief of Staff for the Minority Leader, respectively. Individuals appointed to such positions by the Majority Leader and Minority Leader, respectively, shall receive compensation at a rate fixed by the appropriate Leader not to exceed the maximum annual rate of gross compensation of the Assistant Secretary of the Senate. (b) Gross compensation for employees filling positions established by subsection (a) of this section for the fiscal year ending September 30, 1987, shall be paid out of any funds available in the Senate appropriation for such year under the item 'Salaries, Officers and Employees'. -SOURCE- (Pub. L. 101-163, title I, Sec. 9, Nov. 21, 1989, 103 Stat. 1046.) -COD- CODIFICATION Section is based on Senate Resolution No. 89, One Hundredth Congress, Jan. 28, 1987, which was enacted into permanent law by Pub. L. 101-163. -MISC3- EFFECTIVE DATE Section 9 of Pub. L. 101-163 provided that this section is effective on Jan. 28, 1987, the date on which Senate Resolution No. 89, One Hundredth Congress, was agreed to. ------DocID 7133 Document 226 of 1400------ -CITE- 2 USC Sec. 61i to 61j-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61i to 61j-1. Omitted -COD- 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 61h-4 of this title. Section 61j, Pub. L. 93-371, Sec. 4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275, 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 section 61h-1 of this title. See, also, section 61j-2 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 61j-2 of this title. ------DocID 6933 Document 227 of 1400------ -CITE- 2 USC Sec. 26 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 26. Roll of Representatives-elect -STATUTE- 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. 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. -SOURCE- (R.S. Sec. 31-33.) -COD- CODIFICATION R.S. Sec. 31 derived from acts Feb. 21, 1867, ch. 56, Sec. 1, 14 Stat. 397 and Mar. 3, 1863, ch. 108, 12 Stat. 804. R.S. Sec. 32 and 33 derived from act Feb. 21, 1867, ch. 56, Sec. 2, 14 Stat. 397. R.S. Sec. 31 constitutes first sentence; R.S. Sec. 32 constitutes second sentence, and R.S. Sec. 33 constitutes the third sentence. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 34 of this title. ------DocID 7135 Document 228 of 1400------ -CITE- 2 USC Sec. 61k -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61k. Appointment and compensation of employees by President pro tempore of Senate -STATUTE- Effective October 1, 1979, the President pro tempore is authorized to appoint and fix the compensation of such employees as he deems appropriate: Provided, That the gross compensation paid to such employees shall not exceed $123,000 each fiscal year. -SOURCE- (Pub. L. 96-38, title I, Sec. 101, July 25, 1979, 93 Stat. 111.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1979. -MISC3- 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. 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 60a-1 of this title. ------DocID 7136 Document 229 of 1400------ -CITE- 2 USC Sec. 61l -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61l. Appointment and compensation of Administrative Assistant, Legislative Assistant, and Executive Secretary for Deputy President pro tempore of Senate -STATUTE- Effective April 1, 1977, the Deputy President pro tempore is authorized to appoint and fix the compensation of an Administrative Assistant at not to exceed $47,595 per annum; a Legislative Assistant at not to exceed $40,080 per annum, and an Executive Secretary at not to exceed $23,380 per annum. -SOURCE- (Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 80.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1977. -MISC3- 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 60a-1 of this title. ------DocID 7137 Document 230 of 1400------ -CITE- 2 USC Sec. 62 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 62. Limitation on compensation of Sergeant at Arms and Doorkeeper of Senate -STATUTE- The Sergeant at Arms and Doorkeeper of the Senate shall receive, directly or indirectly, no fees or other compensation or emolument whatever for performing the duties of the office, or in connection therewith, other than the salary prescribed by law. -SOURCE- (June 20, 1874, ch. 328, 18 Stat. 85; Mar. 3, 1875, ch. 129, 18 Stat. 344.) ------DocID 7138 Document 231 of 1400------ -CITE- 2 USC Sec. 62a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 62a. Omitted -COD- 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 (50 App. U.S.C. 1611-1648). The Surplus Property Act of 1944 was repealed by act June 30, 1949, ch. 288, title V, Sec. 503, 63 Stat. 399, and the priorities thereunder expired Dec. 31, 1949. ------DocID 7139 Document 232 of 1400------ -CITE- 2 USC Sec. 62b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 62b. Transferred -COD- 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. ------DocID 7140 Document 233 of 1400------ -CITE- 2 USC Sec. 63 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 63. Duties of Doorkeeper of Senate -STATUTE- The Doorkeeper of the Senate shall perform the usual services pertaining to his office during the session of Congress, and shall in the recess, under the direction of the Secretary of the Senate, take care of the apartments occupied by the Senate. -SOURCE- (R.S. Sec. 73.) -COD- CODIFICATION R.S. Sec. 73 derived from act Apr. 12, 1792, ch. 20, 1 Stat. 252. -CROSS- CROSS REFERENCES Doorkeeper of House, see section 76 of this title. ------DocID 7141 Document 234 of 1400------ -CITE- 2 USC Sec. 64 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 64. Omitted -COD- CODIFICATION Section, R.S. Sec. 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, Sec. 14, 48 Stat. 1230. ------DocID 7142 Document 235 of 1400------ -CITE- 2 USC Sec. 64-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 64-1. Employees of Senate Disbursing Office; designation by Secretary of Senate to administer oaths and affirmations -STATUTE- The Secretary of the Senate is on and after November 1, 1973, authorized to designate, in writing, employees of the Disbursing Office of the Senate to administer oaths and affirmations, with respect to matters relating to that Office, authorized or required by law or rules or orders of the Senate (including the oath of office required by section 3331 of title 5). During any period in which he is so designated, any such employee may administer such oaths and affirmations. -SOURCE- (Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 532.) ------DocID 6934 Document 236 of 1400------ -CITE- 2 USC Sec. 27 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 27. Change of place of meeting -STATUTE- 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. -SOURCE- (R.S. Sec. 34.) -COD- CODIFICATION R.S. Sec. 34 derived from act Apr. 3, 1794, ch. 17, 1 Stat. 353. -CROSS- CROSS REFERENCES Removal of public offices from seat of government because of prevalence of contagious or epidemic disease, see section 73 of Title 4, Flag and Seal, Seat of Government, and the States. ------DocID 7144 Document 237 of 1400------ -CITE- 2 USC Sec. 64-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 64-3. Reimbursement for Capitol Police salaries paid by Senate for service at Federal Law Enforcement Training Center -STATUTE- Notwithstanding any other provision of law, the Secretary of the Senate is authorized to receive moneys from the Department of the Treasury as reimbursements for salaries paid by the United States Senate 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. -SOURCE- (Pub. L. 95-26, title I, Sec. 111, May 4, 1977, 91 Stat. 87.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1977. ------DocID 7145 Document 238 of 1400------ -CITE- 2 USC Sec. 64a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 64a. Death, resignation, or disability of Secretary and Assistant Secretary of Senate; Financial Clerk deemed successor as disbursing officer -STATUTE- For any period during which both the Secretary and the Assistant Secretary of the Senate are unable (because of death, resignation, or disability) to discharge such Secretary's duties as disbursing officer of the Senate, the Financial Clerk of the Senate shall be deemed to be the successor of such Secretary as disbursing officer. -SOURCE- (Mar. 3, 1926, ch. 44, Sec. 1, 44 Stat. 162; Oct. 31, 1969, Pub. L. 91-105, Sec. 2, 83 Stat. 169; Aug. 18, 1970, Pub. L. 91-382, 84 Stat. 810; June 6, 1972, Pub. L. 92-310, title II, Sec. 220(g), 86 Stat. 204; July 17, 1984, Pub. L. 98-367, title I, Sec. 2(a), 98 Stat. 474.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-367 substituted 'For any period during which both the Secretary and the Assistant Secretary of the Senate are unable (because of death, resignation, or disability) to discharge such Secretary's duties as disbursing officer of the Senate, the Financial Clerk of the Senate shall be deemed to be the successor of such Secretary as disbursing officer' for 'In the event of the death, resignation, or disability of the Secretary of the Senate, the Financial Clerk of the Senate shall be deemed his successor as a disbursing officer and he shall serve as such disbursing officer until the end of the quarterly period during which a new Secretary shall have been elected and qualified, or such disability shall have been ended'. 1972 - Pub. L. 92-310 struck out provisions which related to the bond of the Financial Clerk. 1970 - Pub. L. 91-382 substituted 'Financial Clerk' for 'Comptroller'. 1969 - Pub. L. 91-105 substituted the Comptroller of the Senate for the Financial Clerk of the Senate as the successor of the Secretary of the Senate in the event of the death, resignation, or disability of the Secretary. EFFECTIVE DATE OF 1970 AMENDMENT Pub. L. 91-382 provided that the amendment made by Pub. L. 91-382 is effective Aug. 1, 1970. CERTIFICATION OF DISABILITY Secretary of the Senate to be considered as disabled for purposes of this section only during such period of time as the Majority and Minority Leaders and the President pro tempore of the Senate certify jointly to the Senate that he is unable to perform his duties, see section 64b of this title. -CROSS- CROSS REFERENCES Clerk of House, death, resignation, etc., see section 75a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 64b of this title. ------DocID 7146 Document 239 of 1400------ -CITE- 2 USC Sec. 64a-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 64a-1. Compensation of Financial Clerk of Senate -STATUTE- The Financial Clerk of the Senate may be paid at a maximum annual rate of compensation not to exceed $39,000. -SOURCE- (Pub. L. 93-371, Sec. 4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275.) -MISC1- AMENDMENTS 1975 - Pub. L. 94-59 substituted '$39,000' for '$37,620', effective July 1, 1975. EFFECTIVE DATE Section effective July 1, 1974, see section 4 of Pub. L. 93-371, set out in part as an Effective Date of 1974 Amendment note under section 61a of this title. 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 61a of this title. 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 60a-1 of this title. ------DocID 7147 Document 240 of 1400------ -CITE- 2 USC Sec. 64b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 64b. Death, resignation, or disability of Secretary of Senate; Assistant Secretary of Senate to act as Secretary; written designation of absent status -STATUTE- In the event of the death, resignation, or disability of the Secretary of the Senate, the Assistant Secretary of the Senate shall act as Secretary in carrying out the duties and responsibilities of that office in all matters until such time as a new Secretary shall have been elected and qualified or such disability shall have been ended. For purposes of this section and section 64a of this title, the Secretary of the Senate shall be considered as disabled only during such period of time as the Majority and Minority Leaders and the President pro tempore of the Senate certify jointly to the Senate that the Secretary is unable to perform his duties. In the event that the Secretary of the Senate is absent or is to be absent for reasons other than disability (as provided in this paragraph), and makes a written designation that he is or will be so absent, the Assistant Secretary shall act during such absence as the Secretary in carrying out the duties and responsibilities of the office in all matters. The designation may be revoked in writing at any time by the Secretary, and is revoked whenever the Secretary making the designation dies, resigns, or is considered disabled in accordance with this paragraph. -SOURCE- (Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 635; Pub. L. 93-371, Sec. 1, Aug. 13, 1974, 88 Stat. 427; Pub. L. 98-367, title I, Sec. 2(b), July 17, 1984, 98 Stat. 474.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-367 struck out provisions relating to exception for duties of the Secretary as disbursing officer of the Senate. 1974 - Pub. L. 93-371 inserted provisions relating to the absence of Secretary of Senate for reasons other than disability and the written designation of such absent status. ------DocID 7148 Document 241 of 1400------ -CITE- 2 USC Sec. 65 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 65. Repealed. Pub. L. 92-310, title II, Sec. 220(a), (c), June 6, 1972, 86 Stat. 204 -MISC1- Section, R.S. Sec. 57, 59; acts Mar. 2, 1895, ch. 177, Sec. 5, 28 Stat. 807; Oct. 31, 1951, ch. 655, Sec. 13, 65 Stat. 715, required Secretary of Senate to give a bond in the sum of $20,000. ------DocID 7149 Document 242 of 1400------ -CITE- 2 USC Sec. 65a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 65a. Insurance of office funds of Secretary of Senate and Sergeant at Arms; payment of premiums -STATUTE- The Secretary of the Senate and the Sergeant at Arms on and after June 27, 1956, are authorized and directed to protect the funds of their respective offices by purchasing insurance in an amount necessary to protect said funds against loss. Premiums on such insurance shall be paid out of the contingent fund of the Senate, upon vouchers approved by the chairman of the Committee on Rules and Administration. -SOURCE- (June 27, 1956, ch. 453, 70 Stat. 360.) -COD- CODIFICATION Section is from the Legislative Branch Appropriation Act, 1957, act June 27, 1956. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Aug. 5, 1955, ch. 568, 69 Stat. 504. July 2, 1954, ch. 455, title I, 68 Stat. 400. Aug. 1, 1953, ch. 304, title I, 67 Stat. 321. July 9, 1952, ch. 598, 66 Stat. 467. Oct. 11, 1951, ch. 485, 65 Stat. 392. 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. ------DocID 7150 Document 243 of 1400------ -CITE- 2 USC Sec. 65b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 65b. Advances to Sergeant at Arms of Senate for extraordinary expenses -STATUTE- The Secretary of the Senate on and after July 31, 1958, is authorized, in his discretion, to advance to the Sergeant at Arms of the Senate such sums as may be necessary, not exceeding $4,000, to meet any extraordinary expenses of the Senate. -SOURCE- (Pub. L. 85-570, July 31, 1958, 72 Stat. 442; Pub. L. 94-440, title I, Sec. 108, Oct. 1, 1976, 90 Stat. 1445; Pub. L. 95-26, title I, Sec. 104, May 4, 1977, 91 Stat. 82.) -MISC1- AMENDMENTS 1977 - Pub. L. 95-26 struck out 'during any fiscal year' after '$4,000'. 1976 - Pub. L. 94-440 substituted '$4,000 during any fiscal year' for '$2,000'. ------DocID 7151 Document 244 of 1400------ -CITE- 2 USC Sec. 65c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 65c. Expense allowance for Secretary of Senate, Sergeant at Arms and Doorkeeper of Senate, and Secretaries for Senate Majority and Minority -STATUTE- (a) Notwithstanding any other provision of law, there is hereby established an account, within the Senate, to be known as the 'Expense Allowance for the Secretary of the Senate, Sergeant at Arms and Doorkeeper of the Senate and Secretaries for the Majority and for the Minority, of the Senate' (hereinafter in this section referred to as the 'Expense Allowance'). For each fiscal year (commencing with the fiscal year ending September 30, 1981) there shall be available from the Expense Allowance an expense allotment not to exceed $3,000 for each of the above specified officers. Amounts paid from the expense allotment of any such officer shall be paid to him only as reimbursement for actual expenses incurred by him and upon certification and documentation by him of such expenses. Amounts paid to any such officer pursuant to this section shall not be reported as income and shall not be allowed as a deduction under title 26. (b) For the fiscal year ending September 30, 1981, and the succeeding fiscal year, the Secretary of the Senate shall transfer, for each such year, $8,000 to the Expense Allowance from 'Miscellaneous Items' in the contingent fund of the Senate. For the fiscal year ending September 30, 1983, and for each fiscal year thereafter, there are authorized to be appropriated to the Expense Allowance such funds as may be necessary to carry out the provisions of subsection (a) of this section. -SOURCE- (Pub. L. 97-51, Sec. 119, Oct. 1, 1981, 95 Stat. 964; Pub. L. 98-63, title I, July 30, 1983, 97 Stat. 334; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- AMENDMENTS 1986 - Subsec. (a). 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. 1983 - Subsec. (a). Pub. L. 98-63, which directed that '$3,000' be substituted for '$2,000' in first sentence of subsec. (a), was executed by making the substitution in second sentence as the probable intent of Congress. EFFECTIVE DATE OF 1983 AMENDMENT Title I of Pub. L. 98-63 provided that the amendment made by Pub. L. 98-63 is effective for fiscal years beginning on or after Oct. 1, 1982. ------DocID 7152 Document 245 of 1400------ -CITE- 2 USC Sec. 65d -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 65d. Funds advanced by Secretary of Senate to Sergeant at Arms and Doorkeeper of Senate to defray office expenses; accountability; maximum amount; vouchers -STATUTE- From funds available for any fiscal year (commencing with the fiscal year ending September 30, 1984), the Secretary of the Senate shall advance to the Sergeant at Arms and Doorkeeper of the Senate for the purpose of defraying office expenses such sums (for which the Sergeant at Arms and Doorkeeper shall be accountable) not in excess of $1,000 at any one time, as such Sergeant at Arms shall from time to time request; except that the aggregate of the sums so advanced during the fiscal year shall not exceed $10,000. In accordance with the provisions of this section, a detailed voucher shall be submitted to the Secretary of the Senate by such Sergeant at Arms whenever necessary, in order to replenish funds expended. -SOURCE- (Pub. L. 98-51, title I, Sec. 104, July 14, 1983, 97 Stat. 266.) -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984. ------DocID 7153 Document 246 of 1400------ -CITE- 2 USC Sec. 65e -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 65e. Transferred -COD- 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 the Majority and Minority Whips of the Senate could not exceed $5,000 each fiscal year for each Whip was transferred and executed to section 31a-1 of this title. ------DocID 7154 Document 247 of 1400------ -CITE- 2 USC Sec. 65f -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 65f. Funds for Secretary of Senate to assist in proper discharge within United States of responsibilities to foreign parliamentary groups or other foreign officials -STATUTE- (a)The Secretary of the Senate is authorized to use any available funds (but not in excess of $25,000 for any fiscal year), out of the appropriation account (within the Contingent Fund of the Senate) for the Secretary of the Senate, to assist him in the proper discharge, within the United States, of his appropriate responsibilities to members of foreign parliamentary groups or other foreign officials. (b) The provisions of subsection (a) of this section shall be effective in the case of expenditures for fiscal years ending after September 30, 1986. -SOURCE- (Pub. L. 100-71, title I, Sec. 2, July 11, 1987, 101 Stat. 423.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1987. ------DocID 7155 Document 248 of 1400------ -CITE- 2 USC Sec. 66 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 66. Repealed. Pub. L. 93-344, title V, Sec. 505(1), July 12, 1974, 88 Stat. 322 -MISC1- Section, act June 19, 1934, ch. 648, title I, Sec. 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. EFFECTIVE DATE OF REPEAL Repeal effective July 12, 1974, see section 905 of Pub. L. 93-344, set out as an Effective Date note under section 621 of this title. ------DocID 7156 Document 249 of 1400------ -CITE- 2 USC Sec. 66a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 66a. Restriction on payment of dual compensation by Secretary of Senate -STATUTE- Unless otherwise specifically authorized by law, no part of any appropriation disbursed by the Secretary of the Senate shall be available for payment of compensation to any person holding any position, for any period for which such person received compensation for holding any other position, the compensation for which is disbursed by the Secretary of the Senate. -SOURCE- (June 27, 1956, ch. 453, 70 Stat. 360.) ------DocID 7157 Document 250 of 1400------ -CITE- 2 USC Sec. 67 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 67. Clerks to Senators-elect -STATUTE- A Senator entitled to receive his own salary may appoint the usual clerical assistants allowed Senators. -SOURCE- (Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat. 766; Feb. 20, 1923, ch. 98, 42 Stat. 1266; June 19, 1934, ch. 648, title I, Sec. 1, 48 Stat. 1022.) -MISC1- AMENDMENTS 1934 - Act June 19, 1934, struck out provisions as to maximum of four clerical assistants and as to their compensation. ------DocID 7158 Document 251 of 1400------ -CITE- 2 USC Sec. 67a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 67a. Employment of civilian employees of executive branch of Government by Senate Committee on Appropriations; restoration to former position -STATUTE- Whenever any person has left or leaves any civilian position in any department or agency in the executive branch of the Government in order to accept employment by the Senate Committee on Appropriations, he shall be carried on the rolls of such committee and shall be solely employed by such committee, and responsible only to it; but he shall be entitled upon making application to the Director of the Office of Personnel Management within thirty days after the termination of his employment by such committee (unless such employment is terminated for cause) to be restored to a position in the same or any other department or agency where an opening exists, comparable to the position which, according to the records of the department or agency which he left to accept employment by the Senate Committee on Appropriations or in the judgment of the Director of the Office of Personnel Management, such person would be occupying if he had remained in the employ of such department or agency during the time he was employed by such committee; and such person shall be restored to such position with the same seniority, status, and pay as if he had remained in the employ of the department or agency which he left, during such time. This section shall not be construed to require any person to be restored to a position in any department or agency after the expiration of the time for which he was appointed to the position which he left to accept employment by such committee. -SOURCE- (June 13, 1945, ch. 189, Sec. 1, 59 Stat. 243; July 1, 1946, ch. 530, 60 Stat. 392; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) -MISC1- AMENDMENTS 1946 - Act July 1, 1946, reenacted section without change. -TRANS- TRANSFER OF FUNCTIONS 'Director of the Office of Personnel Management' substituted for 'Civil Service Commission' pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in United States Civil Service Commission and Chairman thereof to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. ------DocID 7159 Document 252 of 1400------ -CITE- 2 USC Sec. 68 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68. Payments from Senate contingent fund -STATUTE- No payment shall be made from the contingent fund of the Senate unless sanctioned by the Committee on Rules and Administration of the Senate. Payments made upon vouchers or abstracts of disbursements of salaries approved by said Committee shall be deemed, held, and taken, and are declared to be conclusive upon all the departments and officers of the Government: Provided, That no payment shall be made from said contingent fund as additional salary or compensation to any officer or employee of the Senate. -SOURCE- (Oct. 2, 1888, ch. 1069, 25 Stat. 546; Aug. 2, 1946, ch. 753, Sec. 102, 60 Stat. 814; Dec. 27, 1974, Pub. L. 93-554, title I, 88 Stat. 1776.) -COD- CODIFICATION Provisions of act Oct. 2, 1888, relating to payments from contingent fund of the House of Representatives are classified to section 95 of this title. -MISC3- AMENDMENTS 1974 - Pub. L. 93-554 inserted provision relating to applicability to payments made upon abstracts of disbursements of salaries. 1946 - Act Aug. 2, 1946, substituted 'Committee on Rules and Administration' for 'Committee to Audit and Control Contingent Expenses'. EFFECTIVE DATE OF 1974 AMENDMENT Title I of Pub. L. 93-554 provided that the amendment made by Pub. L. 93-554 is effective Jan. 1, 1975. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that the amendment made by that act is effective Jan. 2, 1947. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 288m, 601 of this title. ------DocID 7160 Document 253 of 1400------ -CITE- 2 USC Sec. 68-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68-1. Committee on Rules and Administration; designation of employees to approve vouchers for payments from Senate contingent fund -STATUTE- The Committee on Rules and Administration may authorize its chairman to designate any employee or employees of such Committee to approve in his behalf, all vouchers making payments from the contingent fund of the Senate, such approval to be deemed and held to be approval by the Committee on Rules and Administration for all intents and purposes. -SOURCE- (Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 529; Pub. L. 97-51, Sec. 126, Oct. 1, 1981, 95 Stat. 965; Pub. L. 98-473, title I, Sec. 123A(c), Oct. 12, 1984, 98 Stat. 1970.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-473 substituted 'any employee or employees of such Committee' for 'the committee Auditor and the committee Assistant Auditor'. 1981 - Pub. L. 97-51 substituted 'the committee Auditor and the committee Assistant Auditor' for 'one committee employee'. ------DocID 6935 Document 254 of 1400------ -CITE- 2 USC Sec. 28 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 28. Parliamentary precedents of House of Representatives -STATUTE- (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 Printing Office. -SOURCE- (Pub. L. 91-510, title III, Sec. 331, Oct. 26, 1970, 84 Stat. 1186.) -REFTEXT- 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. -MISC2- 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 72a of this title. -CROSS- CROSS REFERENCES Establishment of Office of Parliamentarian of House of Representatives, see section 287 et seq. of this title. ------DocID 7162 Document 255 of 1400------ -CITE- 2 USC Sec. 68-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68-3. Separate accounts for 'Secretary of the Senate' and for 'Sergeant at Arms and Doorkeeper of the Senate'; establishment within Senate contingent fund; inclusion of funds in existing accounts -STATUTE- (a) Effective October 1, 1983 - (1) there shall be, within the contingent fund of the Senate, a separate account for the 'Secretary of the Senate', and a separate account for the 'Sergeant at Arms and Doorkeeper of the Senate'; (2) the account for 'Automobiles and Maintenance', within the contingent fund of the Senate, is abolished, and funds for the purchase, lease, exchange, maintenance, and operation of vehicles for the Senate shall be included in the separate account, established by paragraph (1), for the 'Sergeant at Arms and Doorkeeper of the Senate'; and (3) the account for 'Postage Stamps', within the contingent fund of the Senate, is abolished; and funds for special delivery postage of the Office of the Secretary of the Senate shall be included in the separate account, established by paragraph (1), for the 'Secretary of the Senate'; funds for special delivery postage of the Sergeant at Arms and Doorkeeper of the Senate shall be included in the separate account, established by paragraph (1), for the 'Sergeant at Arms and Doorkeeper of the Senate'; and postage stamps for the Secretaries for the Majority and the Minority and other offices and officers of the Senate, as authorized by law, shall be included in the account for 'Miscellaneous Items', within the contingent fund of the Senate. (b) Any provision of law which was enacted, or any Senate resolution which was agreed to, prior to October 1, 1983, and which authorizes moneys in the contingent fund of the Senate to be expended by or for the use of the Secretary of the Senate, or his office (whether generally or from a specified account within such fund) may on and after October 1, 1983, be construed to authorize such moneys to be expended from the separate account, within such fund, established by subsection (a)(1) of this section for the 'Secretary of the Senate'; and any provision of law which was enacted prior to October 1, 1983, and which authorizes moneys in the contingent fund of the Senate to be expended by or for the use of the Sergeant at Arms and Doorkeeper of the Senate, or his office (whether generally or from a specified account within such fund) may on and after October 1, 1983, be construed to authorize such moneys to be expended from the separate account, within such fund, established by subsection (a)(1) of this section for the 'Sergeant at Arms and Doorkeeper of the Senate'. -SOURCE- (Pub. L. 98-51, title I, Sec. 103, July 14, 1983, 97 Stat. 266.) -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation, 1984. ------DocID 7163 Document 256 of 1400------ -CITE- 2 USC Sec. 68-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68-4. Deposit of moneys for credit to account within Senate contingent fund for 'Sergeant at Arms and Doorkeeper of the Senate' -STATUTE- Any provision of law which is enacted prior to October 1, 1983, and which directs the Sergeant at Arms and Doorkeeper of the Senate to deposit any moneys in the United States Treasury for credit to the account, within the contingent fund of the Senate, for 'Miscellaneous Items', or for 'Automobiles and Maintenance' shall, on and after October 1, 1983, be deemed to direct him to deposit such moneys in the United States Treasury for credit to the account, within the contingent fund of the Senate, for the 'Sergeant at Arms and Doorkeeper of the Senate'. -SOURCE- (Pub. L. 98-181, title I, Sec. 1202, Nov. 30, 1983, 97 Stat. 1289.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1984. ------DocID 7164 Document 257 of 1400------ -CITE- 2 USC Sec. 68-5 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68-5. Purchase, lease, exchange, maintenance, and operation of vehicles out of account for Sergeant at Arms and Doorkeeper of Senate within contingent fund of Senate; authorization of appropriations -STATUTE- For each fiscal year (commencing with the fiscal year ending September 30, 1985) there is authorized to be appropriated to the account, within the contingent fund of the Senate, for the Sergeant at Arms and Doorkeeper of the Senate, such funds (which shall be in addition to funds authorized to be so appropriated for other purposes) as may be necessary for the purchase, lease, exchange, maintenance, and operation of vehicles as follows: one for the Vice President, one for the President pro tempore of the Senate, one for the Majority Leader of the Senate, one for the Minority Leader of the Senate, one for the Majority Whip of the Senate, one for the Minority Whip of the Senate, one for the attending physician, one as authorized by Senate Resolution 90 of the 100th Congress (FOOTNOTE 1) such number as is needed for carrying mails, and for official use of the offices of the Secretary of the Senate, the Sergeant at Arms and Doorkeeper of the Senate, the Secretary for the Majority, and the Secretary for the Minority, and such additional number as is otherwise specifically authorized by law. (FOOTNOTE 1) So in original. Probably should be followed by a comma. -SOURCE- (Pub. L. 99-88, title I, Sec. 192, Aug. 15, 1985, 99 Stat. 349; Pub. L. 100-202, Sec. 101(i) (title I, Sec. 3(a)), Dec. 22, 1987, 101 Stat. 1329-290, 1329-294.) -REFTEXT- REFERENCES IN TEXT Senate Resolution 90 of the 100th Congress, referred to in text, which was agreed to Jan. 28, 1987, provided in part for the Sergeant at Arms and Doorkeeper of the Senate to provide, by lease or purchase, and maintain an automobile for the former President pro tempore of the Senate. -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1985. -MISC3- AMENDMENTS 1987 - Pub. L. 100-202 substituted 'one for the attending physician, one as authorized by Senate Resolution 90 of the 100th Congress' for 'and' and inserted ', and such additional number as is otherwise specifically authorized by law'. EFFECTIVE DATE OF 1987 AMENDMENT Section 101(i) (title I, Sec. 3(b)) of Pub. L. 100-202 provided that: 'The amendments made by subsection (a) (amending this section) shall be effective in the case of fiscal years ending after September 30, 1986.' ------DocID 7165 Document 258 of 1400------ -CITE- 2 USC Sec. 68-6 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68-6. Transfers from appropriations account for expenses of Office of Secretary of Senate and Office of Sergeant at Arms and Doorkeeper of Senate -STATUTE- (a) The Secretary of the Senate is authorized, with the approval of the Senate Committee on Appropriations, to transfer, during any fiscal year (1) from the appropriations account, within the contingent fund of the Senate, for expenses of the Office of the Secretary of the Senate, such sums as he shall specify to the Senate appropriations account, appropriated under the headings 'Salaries, Officers and Employees' and 'Office of the Secretary', and (2) from the Senate appropriations account, appropriated under the headings 'Salaries, Officers and Employees' and 'Office of the Secretary' to the appropriations account, within the contingent fund of the Senate, for expenses of the Office of the Secretary of the Senate, such sums as he shall specify; and any funds so transferred shall be available in like manner and for the same purposes as are other funds in the account to which the funds are transferred. (b) The Sergeant at Arms and Doorkeeper of the Senate is authorized, with the approval of the Senate Committee on Appropriations, to transfer, during any fiscal year, from the appropriations account, within the contingent fund of the Senate, for expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, such sums as he shall specify to the appropriations account, appropriated under the headings 'Salaries, Officers and Employees' and 'Office of the Sergeant at Arms and Doorkeeper'; and any funds so transferred shall be available in like manner and for the same purposes as are other funds in the account to which the funds are transferred. -SOURCE- (Pub. L. 100-458, title I, Sec. 3, Oct. 1, 1988, 102 Stat. 2161; Pub. L. 101-302, title III, Sec. 317, May 25, 1990, 104 Stat. 247.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1989, which is title I of the Legislative Branch Appropriations Act, 1989. -MISC3- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-302 designated existing provisions as cl. (1) and added cl. (2). SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation act: Pub. L. 100-202, Sec. 101(i) (title I, Sec. 8), Dec. 22, 1987, 101 Stat. 1329-290, 1329-295. ------DocID 7166 Document 259 of 1400------ -CITE- 2 USC Sec. 68-6a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68-6a. Transfers from appropriations account for expenses of Office of Sergeant at Arms and Doorkeeper of Senate -STATUTE- The Sergeant at Arms and Doorkeeper of the Senate is authorized, with the approval of the Senate Committee on Appropriations, to transfer, during any fiscal year, from the appropriations account, appropriated under the headings 'Salaries, Officers and Employees' and 'Office of the Sergeant at Arms and Doorkeeper', such sums as he shall specify to the appropriations account, within the contingent fund of the Senate, for expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate; and any funds so transferred shall be available in like manner and for the same purposes as are other funds in the account to which the funds are transferred. -SOURCE- (Pub. L. 101-520, title I, Sec. 5, Nov. 5, 1990, 104 Stat. 2258.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991. ------DocID 7167 Document 260 of 1400------ -CITE- 2 USC Sec. 68-7 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68-7. Senate Office of Public Records Revolving Fund -STATUTE- (a) Establishment There is established in the Treasury of the United States a revolving fund within the contingent fund of the Senate to be known as the 'Senate Office of Public Records Revolving Fund' (hereafter in this section referred to as the 'revolving fund'). (b) Source of moneys for deposit in Fund; availability of moneys in Fund All moneys received on and after October 1, 1989, by the Senate Office of Public Records from fees and other charges for services shall be deposited to the credit of the revolving fund. Moneys in the revolving fund shall be available without fiscal year limitation for disbursement by the Secretary of the Senate for use in connection with the operation of the Senate Office of Public Records, including supplies, equipment, and other expenses. (c) Vouchers Disbursements from the revolving fund shall be made upon vouchers approved by the Secretary of the Senate. (d) Regulations The Secretary of the Senate is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. (e) Transfer of moneys into Fund To provide capital for the revolving fund, the Secretary of the Senate is authorized to transfer, from moneys appropriated for fiscal year 1990 to the account 'Miscellaneous Items' in the contingent fund of the Senate, to the revolving fund such sum as he may determine necessary, not to exceed $30,000. -SOURCE- (Pub. L. 101-163, title I, Sec. 13, Nov. 21, 1989, 103 Stat. 1047.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1990, which is title I of the Legislative Branch Appropriations Act, 1990. ------DocID 7168 Document 261 of 1400------ -CITE- 2 USC Sec. 68a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68a. Materials, supplies, and fuel payments from Senate contingent fund -STATUTE- Payments from the contingent fund of the Senate for materials and supplies (including fuel) purchased on and after July 8, 1935, through the Administrator of General Services shall be made by check upon vouchers approved by the Committee on Rules and Administration of the Senate. -SOURCE- (July 8, 1935, ch. 374, 49 Stat. 463; Aug. 2, 1946, ch. 753, title I, Sec. 102, 60 Stat. 814; June 30, 1949, ch. 288, title I, Sec. 102(a), 63 Stat. 380.) -MISC1- AMENDMENTS 1946 - Act Aug. 2, 1946, substituted 'Committee on Rules and Administration' for 'Committee to Audit and Control Contingent Expenses'. -CHANGE- CHANGE OF NAME Effective Jan. 1, 1947, Procurement Division of Treasury Department changed to Bureau of Federal Supply by former regulation Sec. 5.7 of subpart A of Part 5 of Title 41, Public Contracts, 11 F.R. 13638, issued by Secretary of the Treasury. Bureau of Federal Supply and its functions and duties transferred to Administrator of General Services by act June 30, 1949. -MISC4- EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that the amendment made by that act is effective Jan. 2, 1947. ------DocID 7169 Document 262 of 1400------ -CITE- 2 USC Sec. 68b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68b. Per diem and subsistence expenses from Senate contingent fund -STATUTE- No part of the appropriations made under the heading 'Contingent Expenses of the Senate' on and after June 27, 1956 may be expended for per diem and subsistence expenses (as defined in section 5701 of title 5) at rates in excess of the rates prescribed by the Committee on Rules and Administration; except that (1) higher rates may be established by the Committee on Rules and Administration for travel beyond the limits of the continental United States, and (2) in accordance with regulations prescribed by the Committee on Rules and Administration of the Senate, reimbursement for such expenses may be made on an actual expense basis of not to exceed the daily rate prescribed by the Committee on Rules and Administration in the case of travel within the continental limits of the United States. This section shall not apply with respect to per diem or actual travel expenses incurred by Senators and employees in the office of a Senator which are reimbursed under section 58 of this title. -SOURCE- (June 27, 1956, ch. 453, 70 Stat. 360; Aug. 14, 1961, Pub. L. 87-139, Sec. 7, 75 Stat. 340; Nov. 10, 1969, Pub. L. 91-114, Sec. 3, 83 Stat. 190; May 19, 1975, Pub. L. 94-22, Sec. 8, 89 Stat. 86; Aug. 5, 1977, Pub. L. 95-94, title I, Sec. 112(e), 91 Stat. 664; Sept. 8, 1978, Pub. L. 95-355, title I, Sec. 103, 92 Stat. 533; July 8, 1980, Pub. L. 96-304, title I, Sec. 102(b), 94 Stat. 889.) -MISC1- AMENDMENTS 1980 - Pub. L. 96-304 substituted 'prescribed by the Committee on Rules and Administration' for 'in effect under section 5702 of title 5, for employees of agencies' in two places. 1978 - Pub. L. 95-355 substituted provisions relating to applicability of rates under section 5702 of title 5, for employees of agencies, for provisions setting forth specific rates of $35 and $50 per day, respectively, for travel expenses. 1977 - Pub. L. 95-94 inserted provisions relating to applicability to per diem or actual travel expenses incurred by a Senator or his employee reimbursed under section 58 of this title. 1975 - Pub. L. 94-22 substituted '$35' and '$50' for '$25' and '$40', respectively. 1969 - Pub. L. 91-114 increased maximum per diem rate from $16 to $25 and actual expense rate from $30 to $40. 1961 - Pub. L. 87-139 increased maximum per diem rate from $12 to $16 and actual expense rate from $25 to $30. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-94 effective Aug. 5, 1977, see section 112(f) of Pub. L. 95-94, set out as an Effective Date of 1977 Amendment note under section 58 of this title. ------DocID 7170 Document 263 of 1400------ -CITE- 2 USC Sec. 68c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68c. Computation of compensation for stenographic assistance of committees payable from Senate contingent fund -STATUTE- Compensation for stenographic assistance of committees paid out of the items under 'Contingent Expenses of the Senate' on and after June 27, 1956 shall be computed at such rates and in accordance with such regulations as may be prescribed by the Committee on Rules and Administration, notwithstanding, and without regard to any other provision of law. -SOURCE- (June 27, 1956, ch. 453, 70 Stat. 360.) ------DocID 7171 Document 264 of 1400------ -CITE- 2 USC Sec. 68d -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68d. Liquidation from appropriations of any unpaid obligations chargeable to rescinded unexpended balances of funds -STATUTE- If at the close of any fiscal year there is an unexpended balance of funds which were appropriated for such year (or for prior fiscal years) and which are subject to disbursement by the Secretary of the Senate for any purpose, then, if such unexpended balance is by law rescinded, any unpaid obligations chargeable to the balance so rescinded (or to appropriations for such purpose for prior years) shall be liquidated from any appropriations for the same general purpose, which, at the time of payment, are available for disbursement. -SOURCE- (Pub. L. 97-257, title I, Sec. 106, Sept. 10, 1982, 96 Stat. 849.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1982. ------DocID 7172 Document 265 of 1400------ -CITE- 2 USC Sec. 69 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 69. Expenses of committees payable from Senate contingent fund -STATUTE- When any duty is imposed upon a committee involving expenses that are ordered to be paid out of the contingent fund of the Senate, upon vouchers to be approved by the chairman of the committee charged with such duty, the receipt of such chairman for any sum advanced to him or his order out of said contingent fund by the Secretary of the Senate for committee expenses not involving personal services shall be taken and passed by the accounting officers of the Government as a full and sufficient voucher; but it shall be the duty of such chairman, as soon as practicable, to furnish to the Secretary of the Senate vouchers in detail for the expenses so incurred. -SOURCE- (Mar. 3, 1879, ch. 183, 20 Stat. 419; June 10, 1921, ch. 18, title III, Sec. 304, 42 Stat. 24; June 22, 1949, ch. 235, Sec. 101, 63 Stat. 218.) -MISC1- AMENDMENTS 1949 - Act June 22, 1949, inserted 'for committee expenses not involving personal services' after 'Secretary of the Senate', and omitted the requirement that the Secretary of the Senate file the vouchers with the General Accounting Office. -TRANS- TRANSFER OF FUNCTIONS Act June 10, 1921, transferred powers and duties of Comptroller, six auditors, and certain other officers of the Treasury to General Accounting Office. -CROSS- CROSS REFERENCES Payments from contingent fund of Senate not to be made unless sanctioned, the vouchers of which are declared conclusive upon all departments of Government, see section 68 of this title. ------DocID 7173 Document 266 of 1400------ -CITE- 2 USC Sec. 69a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 69a. Orientation seminars, etc., for new Senators, Senate officials, or members of staffs of Senators or Senate officials; payment of expenses -STATUTE- Effective July 1, 1979, there is authorized an expense allowance for the Office of the Secretary of the Senate and the Office of Sergeant at Arms and Doorkeeper of the Senate which shall not exceed $4,000 each fiscal year for each such office. Payments made under this section shall be reimbursements only for actual expenses (including meals and food-related expenses) incurred in the course of conducting orientation seminars for Senators, Senate officials, or members of the staffs of Senators or Senate officials and other similar meetings, in the Capitol Building or the Senate Office Buildings. Such payments shall be made upon certification and documentation of such expenses by the Secretary and Sergeant at Arms, respectively, and shall be made out of the contingent fund of the Senate upon vouchers signed by the Secretary and the Sergeant at Arms, respectively. Amounts received as reimbursement of such expenses shall not be reported as income, and the expenses so reimbursed shall not be allowed as a deduction, under title 26. -SOURCE- (Pub. L. 96-38, title I, Sec. 107(a), July 25, 1979, 93 Stat. 112; Pub. L. 99-88, title I, Sec. 193, Aug. 15, 1985, 99 Stat. 349; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-202, Sec. 101(i) (title I, Sec. 6), Dec. 22, 1987, 101 Stat. 1329-290, 1329-294.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1979. -MISC3- PRIOR PROVISIONS A prior section 69a, Pub. L. 95-94, title I, Sec. 105, Aug. 5, 1977, 91 Stat. 661, providing for the expenditure of $1,000 during any fiscal year to conduct orientation seminars for new Senators and their staffs, was repealed effective July 1, 1979, by section 107(b) of Pub. L. 96-38. AMENDMENTS 1987 - Pub. L. 100-202 substituted '$4,000' for '$2,000'. 1986 - 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 - Pub. L. 99-88 substituted 'Senators, Senate officials, or members of the staffs of Senators or Senate officials' for 'Senators and members of their staffs,'. EFFECTIVE DATE OF 1987 AMENDMENT Section 101(i) (title I, Sec. 6) of Pub. L. 100-202 provided that the amendment made by Pub. L. 100-202 is effective in the case of fiscal years beginning after Sept. 30, 1986. ------DocID 7174 Document 267 of 1400------ -CITE- 2 USC Sec. 70 to 72 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 70 to 72. Omitted -COD- CODIFICATION Section 70, act July 16, 1914, ch. 141, Sec. 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, Sec. 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, Sec. 1, 43 Stat. 1291; May 13, 1926, ch. 294, Sec. 1, 44 Stat. 542; Feb. 23, 1927, ch. 168, Sec. 1, 44 Stat. 1152; May 14, 1928, ch. 551, Sec. 1, 45 Stat. 522; Feb. 28, 1929, ch. 367, Sec. 1, 45 Stat. 1392; June 6, 1930, ch. 407, Sec. 1, 46 Stat. 509; Feb. 20, 1931, ch. 234, Sec. 1, 46 Stat. 1179; June 30, 1932, ch. 314, Sec. 1, 47 Stat. 387; Feb. 28, 1933, ch. 134, Sec. 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. ------DocID 7175 Document 268 of 1400------ -CITE- 2 USC Sec. 72a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72a. Committee staffs -STATUTE- (a) Appointment of professional members; number; qualifications; termination of employment Each standing committee of the Senate (other than the Committee on Appropriations) is authorized to appoint, by majority vote of the committee, not more than six professional staff members in addition to the clerical staffs. Such professional staff members shall be assigned to the chairman and the ranking minority member of such committee as the committee may deem advisable, except that whenever a majority of the minority members of such committee so request, two of such professional staff members may be selected for appointment by majority vote of the minority members and the committee shall appoint any staff members so selected. A staff member or members appointed pursuant to a request by the minority members of the committee shall be assigned to such committee business as such minority members deem advisable. Services of professional staff members appointed by majority vote of the committee may be terminated by a majority vote of the committee and services of professional staff members appointed pursuant to a request by the minority members of the committee shall be terminated by the committee when a majority of such minority members so request. Professional staff members authorized by this subsection shall be appointed on a permanent basis, without regard to political affiliation, and solely on the basis of fitness to perform the duties of their respective positions. Such professional staff members shall not engage in any work other than committee business and no other duties may be assigned to them. (b) Professional members for Committee on Appropriations; examinations of executive agencies' operation Subject to appropriations which it shall be in order to include in appropriation bills, the Committee on Appropriations of each House is authorized to appoint such staff, in addition to the clerk thereof and assistants for the minority, as each such committee, by a majority vote, shall determine to be necessary, such personnel, other than the minority assistants, to possess such qualifications as the committees respectively may prescribe, and the Committee on Appropriations of the House also is authorized to conduct studies and examinations of the organization and operation of any executive agency (including any agency the majority of the stock of which is owned by the Government of the United States) as it may deem necessary to assist it in connection with the determination of matters within its jurisdiction and in accordance with procedures authorized by the committee by a majority vote, including the rights and powers conferred by House Resolution Numbered 50, adopted January 9, 1945. (c) Clerical employees; appointment; number; duties; termination of employment The clerical staff of each standing committee of the Senate (other than the Committee on Appropriations), which shall be appointed by a majority vote of the committee, shall consist of not more than six clerks to be attached to the office of the chairman, to the ranking minority member, and to the professional staff, as the committee may deem advisable, except that whenever a majority of the minority members of such committee so requests, one of the members of the clerical staff may be selected for appointment by majority vote of such minority members and the committee shall appoint any staff member so selected. The clerical staff shall handle committee correspondence and stenographic work, both for the committee staff and for the chairman and ranking minority member on matters related to committee work, except that if a member of the clerical staff is appointed pursuant to a request by the minority members of the committee, such clerical staff member shall handle committee correspondence and stenographic work for the minority members of the committee and for any members of the committee staff appointed under subsection (a) of this section pursuant to request by such minority members, on matters related to committee work. Services of clerical staff members appointed by majority vote of the committee may be terminated by majority vote of the committee and services of clerical staff members appointed pursuant to a request by the minority members of the committee shall be terminated by the committee when a majority of such minority members so request. (d) Recordation of committee hearings, data, etc.; access to records All committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the Member serving as chairman of the committee; and such records shall be the property of the Congress and all members of the committee and the respective Houses shall have access to such records. Each committee is authorized to have printed and bound such testimony and other data presented at hearings held by the committee. (e) Repealed. Pub. L. 91-510, title IV, Sec. 477(a)(3), Oct. 26, 1970, 84 Stat. 1195 (f) Limitations on appointment of professional members No committee shall appoint to its staff any experts or other personnel detailed or assigned from any department or agency of the Government, except with the written permission of the Committee on Rules and Administration of the Senate or the Committee on House Administration of the House of Representatives, as the case may be. (g) Appointments when no vacancy exists; payment from Senate contingent fund In any case in which a request for the appointment of a minority staff member under subsection (a) or subsection (c) of this section is made at any time when no vacancy exists to which the appointment requested may be made - (1) the person appointed pursuant to such a request under subsection (a) of this section may serve in addition to any other professional staff members authorized by such subsection and may be paid from the contingent fund of the Senate until such time as such a vacancy occurs, at which time such person shall be considered to have been appointed to such vacancy; and (2) the person appointed pursuant to such a request under subsection (c) of this section may serve in addition to any other clerical staff members authorized by such subsection and may be paid, until otherwise provided, from the contingent fund of the Senate. (h) Salary rates, assignment of facilities, and accessibility of committee records for minority staff appointees Staff members appointed pursuant to a request by minority members of a committee under subsection (a) or subsection (c) of this section, and staff members appointed to assist minority members of subcommittees pursuant to authority of Senate resolution, shall be accorded equitable treatment with respect to the fixing of salary rates, the assignment of facilities, and the accessibility of committee records. (i) Consultants for Senate and House standing committees; procurement of temporary or intermittent services; contracts; advertisement requirements inapplicable; selection method; qualifications report to Congressional committees (1) Each standing committee of the Senate or House of Representatives is authorized, with the approval of the Committee on Rules and Administration in the case of standing committees of the Senate, or the Committee on House Administration in the case of standing committees of the House of Representatives, within the limits of funds made available from the contingent funds of the respective Houses pursuant to resolutions, which shall specify the maximum amounts which may be used for such purpose, approved by such respective Houses, to procure the temporary services (not in excess of one year) or intermittent services of individual consultants, or organizations thereof, to make studies or advise the committee with respect to any matter within its jurisdiction or with respect to the administration of the affairs of the committee. (2) Such services in the case of individuals or organizations may be procured by contract as independent contractors, or in the case of individuals by employment at daily rates of compensation not in excess of the per diem equivalent of the highest gross rate of compensation which may be paid to a regular employee of the committee. Such contracts shall not be subject to the provisions of section 5 of title 41 or any other provision of law requiring advertising. (3) With respect to the standing committees of the Senate, any such consultant or organization shall be selected by the chairman and ranking minority member of the committee, acting jointly. With respect to the standing committees of the House of Representatives, the standing committee concerned shall select any such consultant or organization. The committee shall submit to the Committee on Rules and Administration in the case of standing committees of the Senate, and the Committee on House Administration in the case of standing committees of the House of Representatives, information bearing on the qualifications of each consultant whose services are procured pursuant to this subsection, including organizations, and such information shall be retained by that committee and shall be made available for public inspection upon request. (j) Specialized training for professional staffs of Senate and House standing committees, Senate Appropriations Committee, Senate Majority and Minority Policy Committees, and joint committees whose funding is disbursed by Secretary of Senate or Clerk of House; assistance: pay, tuition, etc. while training; continued employment agreement; service credit: retirement, life insurance and health insurance (1) Each standing committee of the Senate or House of Representatives is authorized, with the approval of the Committee on Rules and Administration in the case of standing committees of the Senate, and the Committee on House Administration in the case of standing committees of the House of Representatives, and within the limits of funds made available from the contingent funds of the respective Houses pursuant to resolutions, which shall specify the maximum amounts which may be used for such purpose, approved by such respective Houses, to provide assistance for members of its professional staff in obtaining specialized training, whenever that committee determines that such training will aid the committee in the discharge of its responsibilities. Any joint committee of the Congress whose expenses are paid out of funds disbursed by the Secretary of the Senate or by the Clerk of the House, the Committee on Appropriations of the Senate, and the Majority Policy Committee and Minority Policy Committee of the Senate are each authorized to expend, for the purpose of providing assistance in accordance with paragraphs (2), (3), and (4) of this subsection for members of its staff in obtaining such training, any part of amounts appropriated to that committee. (2) Such assistance may be in the form of continuance of pay during periods of training or grants of funds to pay tuition, fees, or such other expenses of training, or both, as may be approved by the Committee on Rules and Administration or the Committee on House Administration, as the case may be. (3) A committee providing assistance under this subsection shall obtain from any employee receiving such assistance such agreement with respect to continued employment with the committee as the committee may deem necessary to assure that it will receive the benefits of such employee's services upon completion of his training. (4) During any period for which an employee is separated from employment with a committee for the purpose of undergoing training under this subsection, such employee shall be considered to have performed service (in nonpay status) as an employee of the committee at the rate of compensation received immediately prior to commencing such training (including any increases in compensation provided by law during the period of training) for the purposes of - (A) subchapter III (relating to civil service retirement) of chapter 83 of title 5, (B) chapter 87 (relating to Federal employees group life insurance) of title 5, and (C) chapter 89 (relating to Federal employees group health insurance) of title 5. -SOURCE- (Aug. 2, 1946, ch. 753, title II, Sec. 202, 60 Stat. 834; July 30, 1947, ch. 361, title I, Sec. 101, 61 Stat. 611; Feb. 24, 1949, ch. 8, 63 Stat. 6; Aug. 5, 1955, ch. 568, Sec. 12, 69 Stat. 509; June 20, 1958, Pub. L. 85-462, Sec. 4(o), 72 Stat. 209; Aug. 14, 1964, Pub. L. 88-426, title II, Sec. 202(j), 78 Stat. 414; Oct. 26, 1970, Pub. L. 91-510, title III, Sec. 301(a)-(c), 303, 304, title IV, Sec. 477(a)(3), 84 Stat. 1175, 1176, 1179, 1180, 1195; Oct. 11, 1971, Pub. L. 92-136, Sec. 5, 85 Stat. 378; H. Res. 549, Mar. 25, 1980; Oct. 1, 1988, Pub. L. 100-458, title III, Sec. 312, 102 Stat. 2184.) -STATAMEND- PARTIAL REPEAL Section 2(a) of S. Res. 274, Ninety-sixth Congress, Nov. 14, 1979, provided in part that, until otherwise provided by law or resolution of the Senate, the provisions of subsections (a) through (h) of this section shall not apply to committees of the Senate. ABOLITION OF ADDITIONAL CLERICAL STAFF POSITIONS Section 2(d) of Senate Resolution 281, Ninety-sixth Congress, approved March 11, 1980, provided that effective February 28, 1981, the additional clerical staff positions established by subsection (g) of this section (as in effect for committees of the Senate prior to November 14, 1979) are abolished. -COD- CODIFICATION A former subsec. (k) authorized additional professional staff members and clerical employees for specific House committees. Committee staffs are now covered by the Rules of the House of Representatives. Former subsec. (k) was based on the following House resolutions which were enacted into permanent law: Subsec. (k)(1) was based on House Resolution No. 172 of the Eighty-first Congress, which was enacted into permanent law by act June 22, 1949, ch. 235, Sec. 105, 63 Stat. 230, and House Resolution No. 464 of the Eighty-first Congress, which was enacted into permanent law by act Oct. 11, 1951, ch. 485, Sec. 105, 65 Stat. 403. Subsec. (k)(2) was based on House Resolution No. 37 of the Eighty-second Congress, which was enacted into permanent law by act Oct. 11, 1951, ch. 485, Sec. 105, 65 Stat. 403, House Resolution No. 393 of the Eighty-eighth Congress, which was enacted into permanent law by Pub. L. 88-454, Sec. 103, Aug. 20, 1964, 78 Stat. 550, House Resolution No. 248 of the Eighty-ninth Congress, which was enacted into permanent law by Pub. L. 89-90, Sec. 103, July 27, 1965, 79 Stat. 281, and House Resolution No. 640 of the Eighty-ninth Congress, which was enacted into permanent law by Pub. L. 89-545, Sec. 103, Aug. 27, 1966, 80 Stat. 369. Subsec. (k)(3) was based on House Resolution No. 554 of the Eighty-third Congress, which was enacted into permanent law by act July 2, 1954, ch. 455, Sec. 103, 68 Stat. 409, House Resolution No. 468 of the Eighty-fourth Congress, which was enacted into permanent law by act June 27, 1956, ch. 453, Sec. 103, 70 Stat. 370, House Resolution No. 126 of the Eighty-fifth Congress, which was enacted into permanent law by Pub. L. 85-75, Sec. 103, July 1, 1957, 71 Stat. 256, House Resolution No. 525 of the Eighty-fifth Congress, which was enacted into permanent law by Pub. L. 85-570, Sec. 103, July 31, 1958, 72 Stat. 453, and House Resolution No. 509 of the Eighty-seventh Congress, which was enacted into permanent law by Pub. L. 87-730, Sec. 103, Oct. 2, 1962, 76 Stat. 693. Subsec. (k)(4) was based on House Resolution No. 28 of the Eighty-fifth Congress, which was enacted into permanent law by Pub. L. 85-75, Sec. 103, July 1, 1957, 71 Stat. 256, and section 2 of House Resolution No. 348 of the Eighty-seventh Congress, which was enacted into permanent law by Pub. L. 87-730, Sec. 103, Oct. 2, 1962, 76 Stat. 693. Subsec. (k)(5) was based on House Resolution No. 239 of the Eighty-fifth Congress, which was enacted into permanent law by Pub. L. 85-570, Sec. 103, July 31, 1958, 72 Stat. 453, and House Resolution No. 225 of the Eighty-eighth Congress, which was enacted into permanent law by Pub. L. 88-248, Sec. 103, Dec. 30, 1963, 77 Stat. 817. -MISC3- AMENDMENTS 1988 - Subsec. (i)(1). Pub. L. 100-458 inserted 'or with respect to the administration of the affairs of the committee' before period at end. 1971 - Subsec. (g). Pub. L. 92-136, Sec. 5(a), permitted a clerical staff member, appointed at the request of the minority when no vacancy exists on the permanent staff, to continue to serve, in addition to any other clerical staff members authorized, and until otherwise provided, to continue to be paid from the contingent fund of the Senate, thereby eliminating the requirement, in the case of a clerical staff member, that this status continue until such time as a vacancy occurs, at which time such person is considered to be appointed to such vacancy. Subsec. (j)(1). Pub. L. 92-136, Sec. 5(b), authorized the same training opportunities for professional staff members of the Senate Appropriations Committee, the Senate Majority and Minority Policy Committees and joint committees whose expenses are paid out of funds disbursed by the Secretary of the Senate or the Clerk of the House, as are afforded to professional staff members of standing committees. 1970 - Subsec. (a). Pub. L. 91-510, Sec. 301(a), restricted the provisions to standing committees of the Senate, deleting 'and the House of Representatives' after 'Senate', increased numerical limitation of professional staff members from four to six, provided for appointment of two staff members by majority vote of minority members of a committee whenever majority of minority members so request and assignment of such appointees to such committee business as the minority members deem advisable, and substituted provision for termination of services of staff members appointed by majority vote of the committee and services of members appointed pursuant to request of minority members of the committee by the committee when majority of such minority members so request for prior termination provision by majority vote of the committee. Subsec. (c). Pub. L. 91-510, Sec. 301(b), inserted 'of the Senate (other than the Committee on Appropriations)' after 'each standing committee', provided for appointment of one clerical staff member by majority vote of minority members of a committee whenever majority of minority members so request and handling by such appointee of committee correspondence and stenographic work for minority members of the committee and for any members of the committee staff appointed under subsec. (a) of this section pursuant to request by the minority members, on matters related to committee work, and for termination of services of clerical staff members appointed by majority vote of the committee and services of members appointed pursuant to request of minority members of the committee by the committee when majority of such minority members so request. Subsec. (e). Pub. L. 91-510, Sec. 477(a)(3), repealed provisions prescribing basic annual compensation of professional staff members and clerical staff members of standing committees and limiting such compensation, together with additional compensation authorized by law, to maximum amount authorized by Classification Act of 1949. Subsec. (g). Pub. L. 91-510, Sec. 301(c), added subsec. (g). Former provisions, declaring any individual employed as a professional staff member of any committee as provided in this section ineligible for appointment to any office or position in executive branch of Government for period of one year after he shall have ceased to be such a member, were repealed by act Feb. 24, 1949, ch. 8, 63 Stat. 6. Subsec. (h). Pub. L. 91-510, Sec. 301(c), added subsec. (h) and struck out former provisions which related to employees of House and Senate Appropriation Committees through fiscal year 1947, all other committee employees through Jan. 31, 1947, and appropriations for compensation of committee employees as contained in Legislative Branch Appropriation Act, 1947, act July 1, 1946, ch. 530, 60 Stat. 386. Subsec. (i). Pub. L. 91-510, Sec. 303, added subsec. (i). Subsec. (j). Pub. L. 91-510, Sec. 304, added subsec. (j). 1964 - Subsec. (e). Pub. L. 88-426 increased maximum basic annual compensation to professional staff members and clerical staff from $8,880 to highest amount which, together with additional compensation authorized by law, will not exceed maximum rate authorized by Classification Act of 1949, as amended. 1958 - Subsec. (e). Pub. L. 85-462 substituted '$8,880' for '$8,820' in two places. 1955 - Subsec. (e). Act Aug. 5, 1955, increased maximum basic annual compensation of professional staff and clerical staff from $8,000 to $8,820. 1949 - Subsec. (g). Act Feb. 24, 1949, repealed subsec. (g). 1947 - Subsec. (e). Act July 30, 1947, omitted figure $2,000 as lowest salary to be paid clerks. -CHANGE- CHANGE OF NAME Committee on Interstate and Foreign Commerce of the House of Representatives changed to Committee on Energy and Commerce immediately prior to noon on Jan. 3, 1981, by House Resolution 549, Ninety-sixth Congress, Mar. 25, 1980. -MISC4- EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-136 effective as of noon on Jan. 3, 1971, see section 9(a) of Pub. L. 92-136, set out as a note under section 190d of this title. EFFECTIVE DATE OF 1970 AMENDMENT Section 601 of Pub. L. 91-510 provided that: 'The foregoing provisions of this Act (see Short Title note below) shall take effect as follows: '(1) Title I (enacting sections 190a-1 and 190a-2 and amending sections 190a, 190a-1, 190b to 190d, and 190f of this title), title II (except part 2 thereof) (enacting sections 190h to 190k of this title and chapter 22 of former Title 31, Money and Finance, and repealing section 190e of this title), title III (except section 203(d)(2), (d)(3), and (i) of the Legislative Reorganization Act of 1946, as amended by section 321 of this Act, and section 105(e) and (f) of the Legislative Branch Appropriation Act, 1968, as amended by section 305 of this Act) (enacting sections 28 and 29 of this title, amending sections 72a(a), (c), (g) to (j), and 166 of this title, enacting provisions set out as notes under this section and repealing provisions set out as a note under section 60a of this title), and title IV, of this Act (enacting chapters 10A and 13 and sections 60-1 and 88b-1 of this title and sections 166b-1a to 166b-1f, 184a, 193m-1, and 851 of Title 40, Public Buildings, Property, and Works, amending section 198 of this title and sections 2107, 5533, and 8332 of Title 5, Government Organization and Employees, repealing sections 60g, 60g-1, 72a(e), and 88c of this title and section 1106 of Title 8, Aliens and Nationality, and enacting provisions set out as notes under sections 88b-1 and 331 of this title, section 1106 of Title 8, and 166 and 851 of Title 40) shall become effective immediately prior to noon on January 3, 1971. '(2) Part 2 of title II (amending section 11 of former Title 31) shall be effective with respect to fiscal years beginning on or after July 1, 1972. '(3) Section 203(d)(2) and (3) of the Legislative Reorganization Act of 1946, as amended by section 321 of this Act (section 166(d)(2) and (3) of this title), shall become effective at the close of the first session of the Ninety-second Congress. '(4) Section 203(i) of the Legislative Reorganization Act of 1946, as amended by section 321 of this Act (section 166(i) of this title), shall be effective with respect to fiscal years beginning on or after July 1, 1970. '(5) Title V of this Act (sections 281 to 281b and 282 to 282e of this title) shall become effective on the date of enactment of this Act (Oct. 26, 1970). '(6) Section 105(e) and (f) of the Legislative Branch Appropriation Act, 1968, as amended by section 305 of this Act (section 61-1(e) and (f) of this title) shall become effective on January 1, 1971.' EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-426 effective first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-462 effective first day of first pay period which began on or after January 1, 1958, see section 17(a) of Pub. L. 85-462. EFFECTIVE DATE OF 1955 AMENDMENT Amendment by act Aug. 5, 1955, effective Aug. 1, 1955, see section 14 of that act. EFFECTIVE DATE Section 245 of title II of act Aug. 2, 1946, provided that: 'This title (see Tables for classification) shall take effect on the date of its enactment (Aug. 2, 1946); except that sections 202(a), (b), (c), (e), (f), and (h), 222, 223, 224, and 243 shall take effect on the day on which the Eightieth Congress convenes (Jan. 3, 1947).' SHORT TITLE Section 1 of Pub. L. 91-510 provided that Pub. L. 91-510 (enacting sections 28, 29, 60-1, 88b-1, 190a-1, 190a-2, 190h to 190k, 281 to 281b, 282 to 282e, 331 to 336, and 411 to 417 of this title, sections 1151 to 1157 and 1171 to 1176 of former Title 31, Money and Finance, and sections 166b-1a to 166b-1f, 184a, 193m-1, and 851 of Title 40, Public Buildings, Property, and Works, amending sections 61-1, 72a, 166, 190a, 190a-1, 190b to 190d, 190f, and 198 of this title, sections 2107, 5533, and 8332 of Title 5, Government Organization and Employees, and section 11 of former Title 31, repealing sections 60g, 60g-1, 88c, and 190e of this title and section 1106 of Title 8, Aliens and Nationality, enacting provisions set out as notes under sections 72a, 88b-1, 281, and 331 of this title and section 166 of Title 40, repealing provisions set out as a note under section 60a of this title, and abolishing Joint Committee on Immigration and Nationality established by former section 1106(a) of Title 8) may be cited as the 'Legislative Reorganization Act of 1970.' Section 1(a) of act Aug. 2, 1946, provided that act Aug. 2, 1946 (enacting sections 72a, 72b-1, 74b, 75a-1, 88a, 132a, 132b, 145a, 166, 190 to 190a-2, 190b to 190f, 190g, 198, and 261 to 270 of this title, and sections 191a and 275 of former Title 5, Executive Departments and Government Officers and Employees, sections 1022(a) and 1024(b)(3) of Title 15, Commerce and Trade, sections 59 and 60 of former Title 31, Money and Finance, sections 525, 526, 527 to 533 of Title 33, Navigation and Navigable Waters, section 174d-1 of Title 40, Public Buildings, Property, and Works, and sections 1, 182c, and 402 of former Title 44, Public Printing and Documents), may be cited as the 'Legislative Reorganization Act of 1946.' STAFF MEMBERS; REDUCTION IN NUMBER; SELECTION FOR MINORITY MEMBERS Section 301(d) of Pub. L. 91-510 provided that: 'Nothing in the amendments made by subsections (a) and (b) of this section (amending this section) shall be construed - '(1) to require a reduction in - '(A) the number of staff members authorized, prior to January 1, 1971, to be employed by any committee of the Senate, by statute or by annual or permanent resolution, or '(B) the number of such staff members on such date assigned to, or authorized to be selected for appointment by or with the approval of, the minority members of any such committee; or '(2) to authorize the selection for appointment of staff members by the minority members of a committee in any case in which two or more professional staff members or one or more clerical staff members, as the case may be, who are satisfactory to a majority of such minority members, are otherwise assigned to assist such minority members.' PROFESSIONAL STAFFS; INCREASE IN NUMBER Section 301(e) of Pub. L. 91-510 provided that: 'The additional professional staff members authorized to be employed by a committee by the amendment made by subsection (a) of this section (amending this section) shall be in addition to any other additional staff members authorized, prior to January 1, 1971, to be employed by any such committee.' INCREASES IN COMPENSATION Increases in compensation for Senate and 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 60a-1, 60a-2, and 60a-2a of this title, Salary Directives of President pro tempore of the Senate set out as notes under section 60a-1 of this title, and Salary Directives of Speaker of the House set out as notes under sections 60a-2 and 60a-2a of this title. REORGANIZATION OF COMMITTEES AND PERSONNEL Sections 102 and 121 of act Aug. 2, 1946, in amending Rule XXV of the Standing Rules of the Senate, and Rules X and XI of the Rules of the House of Representatives, reorganized the standing committees in the two Houses, and re-defined the jurisdiction of each such committee. The number of standing committees of the Senate was reduced from 33 to 13, and the number of such committees in the House of Representatives was reduced from 48 to 19. Section 142 of act Aug. 2, 1946, provided that sections 102 and 121 thereof should take effect on Jan. 2, 1947. For provisions of act Aug. 2, 1946, relating to appointment and compensation of clerical staffs of the revised committees and other personnel thereof, and retention of employees of existing committees, see this section and section 74a of this title. OFFICE OF SENATE SECURITY S. Res. 243, One Hundredth Congress, July 1, 1987, provided: 'That (a) there is established, within the Office of the Secretary of the Senate (hereinafter referred to as the 'Secretary'), the Office of Senate Security (hereinafter referred to as the 'Office'), which shall be headed by a Director of Senate Security (hereinafter referred to as the 'Director'). The Office shall be under the policy direction of the Majority and Minority Leaders of the Senate, and shall be under the administrative direction and supervision of the Secretary. '(b)(1) The Director shall be appointed by the Secretary after consultation with the Majority and Minority Leaders. The Secretary shall fix the compensation of the Director. Any appointment under this subsection shall be made solely on the basis of fitness to perform the duties of the position and without regard to political affiliation. '(2) The Director, with the approval of the Secretary, and after consultation with the Chairman and Ranking Member of the Committee on Rules and Administration of the Senate, may establish such policies and procedures as may be necessary to carry out the provisions of this resolution. Commencing one year from the effective date of this resolution, the Director shall submit an annual report to the Majority and Minority Leaders and the Chairman and Ranking Member of the Committee on Rules and Administration on the status of security matters and the handling of classified information in the Senate, and the progress of the Office in achieving the mandates of this resolution. 'Sec. 2. (a) The Secretary shall appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this resolution. The Director, with the approval of the Secretary, shall prescribe the duties and responsibilities of such personnel. If a Director is not appointed, the Office shall be headed by an Acting Director. The Secretary shall appoint and fix the compensation of the Acting Director. '(b) The Majority and Minority Leaders of the Senate may each designate a Majority staff assistant and a Minority staff assistant to serve as their liaisons to the Office. Upon such designation, the Secretary shall appoint and fix the compensation of the Majority and Minority liaison assistants. 'Sec. 3. (a) The Office is authorized, and shall have the responsibility, to develop, establish, and carry out policies and procedures with respect to such matters as: '(1) the receipt, control, transmission, storage, destruction or other handling of classified information addressed to the United States Senate, the President of the Senate, or Members and employees of the Senate; '(2) the processing of security clearance requests and renewals for officers and employees of the Senate; '(3) establishing and maintaining a current and centralized record of security clearances held by officers and employees of the Senate, and developing recommendations for reducing the number of clearances held by such employees; '(4) consulting and presenting briefings on security matters and the handling of classified information for the benefit of Members and employees of the Senate; '(5) maintaining an active liaison on behalf of the Senate, or any committee thereof, with all departments and agencies of the United States on security matters; and '(6) conducting periodic review of the practices and procedures employed by all offices of the Senate for the handling of classified information. '(b) Within 180 days after the Director takes office, he shall develop, after consultation with the Secretary, a Senate Security Manual, to be printed and distributed to all Senate offices. The Senate Security Manual will prescribe the policies and procedures of the Office, and set forth regulations for all other Senate offices for the handling of classified information. '(c) Within 90 days after taking office, the Director shall conduct a survey to determine the number of officers and employees of the Senate that have security clearances and report the findings of the survey to the Majority and Minority Leaders and Secretary of the Senate together with recommendations regarding the feasibility of reducing the number of employees with such clearances. '(d) The Office shall have authority - '(1) to provide appropriate facilities in the United States Capitol for hearings of committees of the Senate at which restricted data or other classified information is to be presented or discussed; '(2) to establish and operate a central repository in the United States Capitol for the safeguarding of classified information for which the Office is responsible; which shall include the classified records, transcripts, and materials of all closed sessions of the Senate; and '(3) to administer and maintain oaths of secrecy under paragraph (2) of rule XXIX of the Standing Rules of the Senate and to establish such procedures as may be necessary to implement the provisions of such paragraph. 'Sec. 4. Funds appropriated for the fiscal year 1987 which would be available to carry out the purposes of the Interim Office of Senate Security but for the termination of such Office shall be available for the Office of Senate Security. 'Sec. 5. (a) All records, documents, data, materials, rooms, and facilities in the custody of the Interim Office of Senate Security at the time of its termination on July 10, 1987, are transferred to the Office established by subsection (a) of the first section of this resolution. '(b) This resolution shall take effect on July 11, 1987.' S. Res. 229, One Hundredth Congress, June 5, 1987, established within the Office of the Secretary of the Senate an Interim Office of Senate Security with the same duties, functions, personnel, rooms, and facilities as the former Office of Classified National Security Information. OFFICE OF CLASSIFIED NATIONAL SECURITY INFORMATION Pub. L. 95-391, title I, Sec. 105, Sept. 30, 1978, 92 Stat. 772, as amended Pub. L. 97-51, Sec. 115, Oct. 1, 1981, 95 Stat. 963, eff. Oct. 1, 1981; Pub. L. 99-492, Sec. 2(a), Oct. 16, 1986, 100 Stat. 1240; Pub. L. 100-18, Sec. 1(a), Apr. 3, 1987, 101 Stat. 262, established for the period beginning on October 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 288, 442 of this title. ------DocID 7176 Document 269 of 1400------ -CITE- 2 USC Sec. 72a-1, 72a-1a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72a-1, 72a-1a. Repealed. Pub. L. 90-57, Sec. 105(i)(4), (5), July 28, 1967, 81 Stat. 144 -MISC1- 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 61-1(e) of this title. Section 72a-1a, acts Aug. 5, 1955, ch. 568, Sec. 1, 69 Stat. 505; June 20, 1958, Pub. L. 85-462, Sec. 4(h), 72 Stat. 208; Aug. 27, 1966, Pub. L. 89-545, 80 Stat. 357, limited compensation of committee staff employees. See section 61-1(e) of this title. 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 61-1 of this title. ------DocID 7177 Document 270 of 1400------ -CITE- 2 USC Sec. 72a-1b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72a-1b. Approval of employment and compensation of committee employees by House standing committees -STATUTE- Standing committees of the House shall have authority to approve the employment and compensation of committee employees (other than special and select committee employees) from the effective date of the beginning of each Congress, or such subsequent date as their service commenced. -SOURCE- (Pub. L. 87-130, Sec. 103, Aug. 10, 1961, 75 Stat. 334.) -COD- CODIFICATION Section is based on House Resolution No. 16, Eighty-seventh Congress, Jan. 3, 1961, which was enacted into permanent law by Pub. L. 87-130. -MISC3- 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 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7178 Document 271 of 1400------ -CITE- 2 USC Sec. 72a-1c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72a-1c. Repealed. Pub. L. 95-26, title I, Sec. 106(f), May 4, 1977, 91 Stat. 84 -MISC1- Section, Pub. L. 94-59, title I, Sec. 108, July 25, 1975, 89 Stat. 276; Pub. L. 94-440, title I, Sec. 102, Oct. 1, 1976, 90 Stat. 1443, authorized Senators to hire staff assistance in connection with their committee memberships. See section 72a-1e of this title. EFFECTIVE DATE OF REPEAL Section 106(g)(1) of Pub. L. 95-26, title I, 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, Sec. 111(e)(1), Aug. 5, 1977, 91 Stat. 663. ------DocID 7179 Document 272 of 1400------ -CITE- 2 USC Sec. 72a-1d -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72a-1d. Repealed. Pub. L. 95-94, title I, Sec. 111(e)(1), Aug. 5, 1977, 91 Stat. 663 -MISC1- Section, Pub. L. 95-26, title I, Sec. 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 72a-1e of this title and section 111(a), (b) of Pub. L. 95-94, set out as a note under section 61-1 of this title for related provisions. 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 72a-1e of this title. EFFECTIVE DATE AND SAVINGS PROVISIONS Section 106(g) of Pub. L. 95-26, title I, 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. ------DocID 7180 Document 273 of 1400------ -CITE- 2 USC Sec. 72a-1e -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72a-1e. Assistance to Senators with committee memberships by employees in office of Senator -STATUTE- (1) Designation A Senator may designate employees in his office to assist him in connection with his membership on committees of the Senate. An employee may be designated with respect to only one committee. (2) Certification; professional staff privileges An employee designated by a Senator under this section shall be certified by him to the chairman and ranking minority member of the committee with respect to which such designation is made. Such employee shall be accorded all privileges of a professional staff member (whether permanent or investigatory) of such committee including access to all committee sessions and files, except that any such committee may restrict access to its sessions to one staff member per Senator at a time and require, if classified material is being handled or discussed, that any staff member possess the appropriate security clearance before being allowed access to such material or to discussion of it. Nothing contained in this paragraph shall be construed to prohibit a committee from adopting policies and practices with respect to the application of this section which are similar to the policies and practices adopted with respect to the application of section 705(c)(1) (FOOTNOTE 1) of Senate Resolution 4, 95th Congress, and section 72a-1d(c)(1) (FOOTNOTE 1) of this title. (FOOTNOTE 1) See References in Text note below. (3) Termination A Senator shall notify the chairman and ranking minority member of a committee whenever a designation of an employee under this section with respect to such committee is terminated. -SOURCE- (Pub. L. 95-94, title I, Sec. 111(c), Aug. 5, 1977, 91 Stat. 662.) -REFTEXT- REFERENCES IN TEXT Section 705(c)(1) of Senate Resolution 4, 95th Congress, referred to in par. (2), which is not classified to the Code, was repealed by Pub. L. 95-94, title I, Sec. 111(e)(2), Aug. 5, 1977, 91 Stat. 663. Section 72a-1d(c)(1) of this title, referred to in par. (2), was repealed by Pub. L. 95-94, title I, Sec. 111(e)(1), Aug. 5, 1977, 91 Stat. 663. -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978. -MISC3- EFFECTIVE DATE Section 111(f) of Pub. L. 95-94 provided that: 'This section, and the amendments made by subsection (d) and the repeals made by subsection (e) (enacting this section, amending section 61-1 of this title, enacting notes set out under section 61-1 of this title, and repealing notes set out under section 72a-1d of this title), shall take effect on October 1, 1977.' ------DocID 7181 Document 274 of 1400------ -CITE- 2 USC Sec. 72a-1f -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72a-1f. Designation by Senator who is Chairman or Vice Chairman of Senate Select Committee on Ethics of employee in office of that Senator to perform part-time service for Committee; amount reimbursable; procedure applicable -STATUTE- Notwithstanding any other provisions of law, a Senator who is the Chairman or Vice Chairman of the Senate Select Committee on Ethics may designate one employee employed in his Senate office to perform part-time service for such Committee, and such Committee shall reimburse such Senator for such employee's services for the Committee by transferring from the contingent fund of the Senate, upon vouchers approved by the Chairman of such Committee, to such Senator's Administrative, Clerical, and Legislative Assistance Allowance, with respect to each pay period of such employee, an amount which bears the same ratio to such employee's salary (but not more than one-half of such salary) for such period, as the portion of the time spent (or to be spent) by such employee in performing services for such Committee during such period bears to the total time for which such employee worked (or will work) during such period (as determined by the Chairman of such Committee) for such Committee and in such Senator's office. Any funds transferred under authority of the preceding sentence to a Senator's Administrative, Clerical, and Legislative Assistance (FOOTNOTE 1) shall be available for the same purposes and in like manner as funds therein which were not transferred thereto under such authority. For purposes of any law of the United States, a State, a territory, or a political subdivision thereof, an employee designated by a Senator pursuant to this section shall be considered to be an employee of such Senator's Senate office and not an employee of the Senate Select Committee on Ethics. (FOOTNOTE 1) So in original. Probably should be 'Assistance Allowance'. -SOURCE- (Pub. L. 98-367, title I, Sec. 10, July 17, 1984, 98 Stat. 476.) -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1985, which is title I of the Legislative Branch Appropriations Act, 1985. ------DocID 7182 Document 275 of 1400------ -CITE- 2 USC Sec. 72a-1g -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72a-1g. Referral of ethics violations by Senate Ethics Committee to General Accounting Office for investigation -STATUTE- If the Committee on Ethics of the Senate determines that there is a reasonable basis to believe that a Member, officer, or employee of the Senate may have committed an ethics violation, the committee may request the Office of Special Investigations of the General Accounting Office to conduct factfinding and an investigation into the matter. The Office of Special Investigations shall promptly investigate the matter as directed by the committee. -SOURCE- (Pub. L. 101-194, title V, Sec. 501, Nov. 30, 1989, 103 Stat. 1753.) ------DocID 6936 Document 276 of 1400------ -CITE- 2 USC Sec. 28a -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 28a. Compilation of the Precedents of House of Representatives; date of completion; biennial update; printing and availability of copies -STATUTE- 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. -SOURCE- (Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.) -COD- 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. -MISC3- 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. ------DocID 7184 Document 277 of 1400------ -CITE- 2 USC Sec. 72a-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72a-4. Repealed. Pub. L. 90-57, Sec. 105(i)(1), July 28, 1967, 81 Stat. 144 -MISC1- 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 61-1(b), (c) of this title. 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 61-1 of this title. ------DocID 7185 Document 278 of 1400------ -CITE- 2 USC Sec. 72b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72b. Regulations governing availability of appropriations for House committee employees -STATUTE- Appropriations for committee employees shall be available in such amounts and under such regulations as may be approved by the Committee on House Administration for compensation of employees of the standing committees of the House of Representatives, except the Committee on Appropriations. -SOURCE- (July 17, 1947, ch. 262, 61 Stat. 367.) ------DocID 7186 Document 279 of 1400------ -CITE- 2 USC Sec. 72b-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72b-1. Omitted -COD- CODIFICATION Section, act Aug. 2, 1946, ch. 753, title I, Sec. 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. ------DocID 7187 Document 280 of 1400------ -CITE- 2 USC Sec. 72c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72c. House committee reports on employed personnel; period covered; publication -STATUTE- Every committee serving the House of Representatives shall report to the Clerk of the House within fifteen days after December 31 and June 30 of each year the name, profession, and total salary of each person employed by such committee or any subcommittee thereof during the period covered by such report, and shall make an accounting of funds made available to and expended by such committee or subcommittee during such period, and such information when reported shall be published in the Congressional Record. The first such report shall cover the period beginning on January 3, 1947, and ending on June 30, 1947, and succeeding reports shall cover the six months' period ending on the preceding December 31 or June 30, as the case may be. The information required to be reported and published shall be in lieu of the information required to be reported and published under section 72b-1 of this title, in the case of committees of the House and their subcommittees. -SOURCE- (July 17, 1947, ch. 262, 61 Stat. 367.) -REFTEXT- REFERENCES IN TEXT Section 72b-1 of this title, referred to in text, was omitted from the Code. ------DocID 7188 Document 281 of 1400------ -CITE- 2 USC Sec. 73, 74 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 73, 74. Omitted -COD- CODIFICATION Section 73, act Mar. 4, 1925, ch. 549, Sec. 1, 43 Stat. 1292, related to clerk hire for Ways and Means Committee. See section 72a(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, Sec. 1, 6, 38 Stat. 454, 509; Mar. 4, 1915, ch. 141, Sec. 1, 6, 38 Stat. 997, 1049; June 7, 1924, ch. 303, Sec. 1, 43 Stat. 581, and Mar. 4, 1925, ch. 549, Sec. 1, 43 Stat. 1286, related to clerk hire. See sections 72a and 332 of this title. -MISC3- REPEALS R.S. Sec. 53 and act May 24, 1924, ch. 183, Sec. 1, 43 Stat. 149, formerly cited as a credit to section 74, were repealed by act Mar. 3, 1933, ch. 202, Sec. 1, 47 Stat. 1428, and act June 20. 1929, ch. 33, Sec. 6, 46 Stat. 39, respectively. ------DocID 7189 Document 282 of 1400------ -CITE- 2 USC Sec. 74-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74-1. Personal services in office of Speaker; payments from House contingent fund -STATUTE- There shall be paid from the contingent fund of the House until otherwise provided by law, for personal services in the office of the Speaker of the House, an additional basic sum of $10,000 per annum. -SOURCE- (Pub. L. 87-730, Sec. 103, Oct. 2, 1962, 76 Stat. 693.) -COD- CODIFICATION Section is based on House Resolution No. 487, Eighty-seventh Congress, Jan. 10, 1962, which was enacted into permanent law by Pub. L. 87-730. ------DocID 6937 Document 283 of 1400------ -CITE- 2 USC Sec. 28b -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 28b. Printing and binding as public document of Precedents of House of Representatives; number of sets authorized -STATUTE- (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. -SOURCE- (Pub. L. 94-551, Sec. 1, Oct. 18, 1976, 90 Stat. 2537.) -REFTEXT- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 28e of this title. ------DocID 7191 Document 284 of 1400------ -CITE- 2 USC Sec. 74a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74a. Employment of administrative assistants for Speaker and House Majority and Minority Leaders; compensation; appropriations -STATUTE- The Speaker, the majority leader, and the minority leader of the House of Representatives are each authorized to employ an administrative assistant, who shall receive basic compensation at a rate not to exceed $8,000 a year. There is authorized to be appropriated such sums as may be necessary for the payment of such compensation. -SOURCE- (Aug. 2, 1946, ch. 753, title II, Sec. 201(c), 60 Stat. 834.) -MISC1- EFFECTIVE DATE Section effective Aug. 2, 1946, see section 245 of act Aug. 2, 1946, set out as a note under section 72a of this title. BASIC COMPENSATION OF ADMINISTRATIVE ASSISTANTS Pub. L. 85-462, Sec. 4(n), June 20, 1958, 72 Stat. 209, provided that: 'The basic compensation of the Administrative Assistants to the Speaker, Majority Leader, Minority Leader, Majority Whip, and Minority Whip, shall be at the rate of $8,880 per annum.' House Resolution No. 127, Eighty-ninth Congress, Jan. 19, 1965, which was enacted into permanent law by Pub. L. 89-90, Sec. 103, July 27, 1965, 79 Stat. 281, provided: 'That effective January 3, 1965, there shall be payable from the contingent fund of the House, until otherwise provided by law, for any Member of the House who has served as majority leader and as minority leader of the House, an additional $8,880 basic per annum for an administrative assistant.' House Resolution No. 258, Eighty-ninth Congress, Mar. 9, 1965, which was enacted into permanent law by Pub. L. 89-90, Sec. 103, July 27, 1965, 79 Stat. 281, provided: 'That, effective March 1, 1965, there shall be payable from the contingent fund of the House of Representatives, until otherwise provided by law, an amount which will permit the payment of basic compensation per annum, at a rate not in excess of the highest amount which, together with additional compensation authorized by law, will not exceed the maximum rate authorized by the Classification Act of 1949, as amended, to the administrative assistant of each of the following: '(1) the Speaker of the House; '(2) the majority leader of the House; '(3) the minority leader of the House; '(4) the majority whip of the House; '(5) the minority whip of the House; '(6) each Member of the House who has served as Speaker of the House; and '(7) each Member of the House who has served as majority leader, and as minority leader, of the House.' Section 207(c) of House Resolution 988, Ninety-third Congress, Oct. 8, 1974, provided for the compensation of the administrative assistants referred to in House Resolution 1015, Ninetieth Congress, Jan. 15, 1968, at a rate not in excess of the minimum rate of pay in effect for one pay level above that of employees (referred to in clause 6(a)(1) of Rule XI) to whom clause 6(c) of Rule XI of the Rules of the House of Representatives applies. 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 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7192 Document 285 of 1400------ -CITE- 2 USC Sec. 74a-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74a-1. Omitted -COD- CODIFICATION Section, Pub. L. 87-367, title III, Sec. 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 74a-2 of this title. A prior section 74a-1, act Aug. 5, 1955, ch. 568, Sec. 9, 69 Stat. 509, prescribed compensation of Chief of Staff of Joint Committee on Internal Revenue Taxation. ------DocID 6938 Document 286 of 1400------ -CITE- 2 USC Sec. 28c -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 28c. Distribution of Precedents by Public Printer -STATUTE- (a) Delivery to Members of Ninety-fifth Congress; marking of volumes The Public Printer 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 Public Printer 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 Representives, (FOOTNOTE 1) each, three sets; (FOOTNOTE 1) So in original. Probably should be 'Representatives,'. (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, to the Sergeant at Arms of the House of Representatives, and to the Doorkeeper of the House of Representatives, each, 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. -SOURCE- (Pub. L. 94-551, Sec. 2, Oct. 18, 1976, 90 Stat. 2537.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 28b, 28e of this title. ------DocID 7194 Document 287 of 1400------ -CITE- 2 USC Sec. 74a-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74a-3. Additional employees in offices of House Minority Leader, Majority Whip, and chief Majority Whip; authorization; compensation -STATUTE- (a) Subject to the provisions of subsection (b) of this section, effective March 1, 1977, there shall be two additional employees in the office of the minority leader, and one additional employee each in the offices of the majority whip and the chief majority whip. (b) The annual rate of compensation for any individual employed under subsection (a) of this section shall not exceed the annual rate of basic pay of level V of the Executive Schedule of section 5316 of title 5, and until otherwise provided by law such compensation as may be necessary shall be paid from the contingent fund of the House. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 393, Ninety-fifth Congress, Mar. 31, 1977, which was enacted into permanent law by Pub. L. 95-94. -MISC3- 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 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7195 Document 288 of 1400------ -CITE- 2 USC Sec. 74a-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74a-4. Additional amounts for personnel and equipment for House Majority and Minority Leaders and Majority and Minority Whips -STATUTE- Effective March 1, 1977, and until otherwise provided by law, there shall be paid out of the contingent fund of the House such additional amounts as may be necessary for office personnel, and rental or lease of necessary equipment, of each of the following officials of the House the following per annum amounts: (1) The majority leader, $30,000. (2) The minority leader, $30,000. (3) The majority whip, $15,000. (4) The minority whip, $15,000. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- CODIFICATION Section is based on section 2 of House Resolution No. 393, Ninety-fifth Congress, Mar. 31, 1977, which was enacted into permanent law by Pub. L. 95-94. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 74a-5 of this title. ------DocID 7196 Document 289 of 1400------ -CITE- 2 USC Sec. 74a-5 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74a-5. Limits on uses of funds provided under section 74a-4 -STATUTE- The funds provided under the provisions of section 74a-4 (FOOTNOTE 1) of this title shall be limited to use for the compensation of additional personnel and other necessary official expenses. (FOOTNOTE 1) See Codification note below. -SOURCE- (Pub. L. 98-51, title I, Sec. 112, July 14, 1983, 97 Stat. 270.) -COD- CODIFICATION Reference to section 74a-4 of this title was substituted in text for reference to section 74(a)-4 of title 2, United States Code, as the probable intent of Congress, because there is no section 74(a)-4 in this title. Section is from the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984. Section, as it applies to funds provided under section 333 of this title, is classified to section 333a of this title. ------DocID 7197 Document 290 of 1400------ -CITE- 2 USC Sec. 74b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74b. Employment of additional administrative assistants -STATUTE- The Secretary of the Senate and the Clerk of the House are authorized to employ such administrative assistants as may be necessary in order to carry out the provisions of this Act under their respective jurisdictions. -SOURCE- (Aug. 2, 1946, ch. 753, title II, Sec. 244, 60 Stat. 839.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means act Aug. 2, 1946, ch. 753, 60 Stat. 812, as amended, known as the Legislative Reorganization Act of 1946. For complete classification of this Act to the Code, see Short Title note set out under section 72a of this title and Tables. -MISC2- EFFECTIVE DATE Section effective Aug. 2, 1946, see section 245 of act Aug. 2, 1946, set out as a note under section 72a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 60j of this title. ------DocID 7198 Document 291 of 1400------ -CITE- 2 USC Sec. 74c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74c. Compensation of certain House minority employees -STATUTE- Effective January 3, 1977, and until otherwise provided by law, the rate of pay for each of the six positions of minority employee authorized by the Legislative Pay Act of 1929 and referred to in House Resolution 441 of the Ninety-first Congress shall be a per annum gross rate equal to the annual rate of basic pay of level IV of the Executive Schedule of section 5315 of title 5, unless a lower rate is established by the Minority Leader. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -REFTEXT- REFERENCES IN TEXT The Legislative Pay Act of 1929, referred to in text, is act June 20, 1929, ch. 33, 46 Stat. 32. For complete classification of this Act to the Code, see Tables. House Resolution 441, referred to in text, is set out as a Prior Provisions note below. -COD- CODIFICATION Section is based on section 1 of House Resolution 119, Ninety-fifth Congress, Jan. 19, 1977, which was enacted into permanent law by Pub. L. 95-94. -MISC3- PRIOR PROVISIONS Prior similar provisions were contained in House Resolution 441, Ninety-first Congress, June 17, 1969, as enacted into permanent law by Pub. L. 91-145, Sec. 103, Dec. 12, 1969, 83 Stat. 359, which provided: 'That, until otherwise provided by law - '(1) The six positions of minority employee listed in House Resolution 8, Ninety-first Congress, as supplemented by House Resolution 238, Ninety-first Congress, and House Resolution 265, Ninety-first Congress, are hereby given position titles in the descending order in which those six positions are listed in House Resolution 8, as follows: '(A) the position title of the position listed first is 'Floor Assistant to the Minority'; '(B) the position title of the position listed second is 'Floor Assistant to the Minority'; '(C) the position title of the position listed third is 'Floor Assistant to the Minority'; '(D) the position title of the position listed fourth is 'Floor Assistant to the Minority'; '(E) the position title of the position listed fifth is 'Pair Clerk to the Minority'; and '(F) the position title of the position listed sixth is 'Staff Director to the Minority'. '(2) Appointments to each position for which a position title is provided by subparagraph (1) of this section shall be made by action of the House of Representatives. '(3) The rate of pay of each position for which a position title is provided by subparagraph (1) of this section shall be a per annum gross rate equal to the annual rate of basic pay of Level V of the Executive Schedule in section 5316 of title 5, United States Code, unless a different rate is provided for such position by action of the House of Representatives. 'Sec. 2. (a) The first section of this resolution shall not affect or change the appointments or continuity of employment of those employees who hold such positions on the date of adoption of this resolution (June 17, 1969). '(b) In accordance with the authority of the House of Representatives under subparagraph (3) of the first section of this resolution, the respective per annum gross rates of pay of those positions for which position titles are provided by clauses (C), (D), (E), and (F) of subparagraph (1) of the first section of this resolution are as follows: '(1) for the position subject to clause (C) - $29,160; '(2) for the position subject to clause (D) - $25,200; '(3) for the position subject to clause (E) - $28,440; and '(4) for the position subject to subparagraph (F) - $28,080. 'Sec. 3. This resolution shall become effective as of the beginning of the calendar month in which this resolution is adopted (June 1969).' ------DocID 7199 Document 292 of 1400------ -CITE- 2 USC Sec. 75 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 75. Repealed. Pub. L. 92-310, title II, Sec. 220(b), (c), June 6, 1972, 86 Stat. 204 -MISC1- Section, R.S. Sec. 58, 59; act Mar. 2, 1895, ch. 177, Sec. 5, 28 Stat. 807, required Clerk of House of Representatives to give a bond in the sum of $20,000. ------DocID 7200 Document 293 of 1400------ -CITE- 2 USC Sec. 75-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 75-1. Compensation of Clerk of House -STATUTE- Until otherwise provided by law, the Clerk of the House of Representatives may be compensated at a rate not 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. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- CODIFICATION Section is based on par. (3) of House Resolution No. 8, Ninety-fifth Congress, Jan. 4, 1977, which was enacted into permanent law by Pub. L. 95-94. -MISC3- PRIOR PROVISIONS A prior section 75-1, based on House Resolution No. 890, Ninety-second Congress, Oct. 4, 1972, as enacted into permanent law by Pub. L. 92-607, ch. V, Sec. 508, 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. 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 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7201 Document 294 of 1400------ -CITE- 2 USC Sec. 75a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 75a. Death, resignation, etc., of Clerk of House; accounts and payments; liability of Clerk for acts and defaults of disbursing clerk -STATUTE- On and after June 8, 1942, in case of the death, resignation, separation from office, or disability of the Clerk of the House of Representatives, the accounts of such Clerk may be continued and payments made in his name by the disbursing clerk of the House of Representatives for a period extending not beyond the quarterly period during which a new Clerk of the House of Representatives shall have been elected and qualified. Such accounts and payments shall be allowed, audited, and settled in the General Accounting Office, and the checks signed in the name of the former Clerk of the House of Representatives shall be honored by the Treasurer of the United States, in the same manner as if such former Clerk had continued in office. The former Clerk or his estate shall not be subject to any legal liability or penalty for the official acts and defaults of such disbursing clerk acting in the name or in the place of such former Clerk under this section, but such disbursing clerk shall be responsible therefor. -SOURCE- (June 8, 1942, ch. 396, Sec. 7, 56 Stat. 350; June 6, 1972, Pub. L. 92-310, title II, Sec. 220(i), 86 Stat. 205.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which related to the sureties on the bond of the former clerk, and which required the disbursing clerk to give a bond. -CROSS- CROSS REFERENCES Secretary of Senate, death, resignation, or disability, see section 64a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 75a-1 of this title. ------DocID 7202 Document 295 of 1400------ -CITE- 2 USC Sec. 75a-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 75a-1. Temporary appointments in case of vacancies or incapacity of House officers; compensation -STATUTE- (a) Temporary appointments in case of vacancy or incapacity in office of Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain of House In case of a vacancy, from whatever cause, in the office of Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain, of the House of Representatives, or in case of the incapacity or inability of the incumbent of any such office to perform the duties thereof, the Speaker of the House of Representatives may appoint a person to act as, and to exercise temporarily the duties of, Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain, as the case may be, until a person is chosen by the House of Representatives and duly qualifies as Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain, as the case may be, or until the termination of the incapacity or inability of the incumbent. (b) Duties of temporary appointees Any person appointed pursuant to this section shall exercise all the duties, shall have all the powers, and shall be subject to all the requirements and limitations applicable with respect to one chosen by the House of Representatives to fill the office involved; but nothing in this section shall be held to amend, repeal, or otherwise affect section 75a of this title. (c) Compensation of temporary appointee Any person appointed pursuant to this section shall be paid the compensation which he would receive if he were chosen by the House of Representatives to fill the office involved, unless such person is concurrently serving in any office or position the compensation for which is paid from the funds of the United States, in which case he shall receive no compensation for services rendered pursuant to his appointment under this section, and his compensation for performing the duties of such office other than the one to which he is appointed pursuant to this section shall be in full discharge for all services he performs for the United States while serving in such dual capacity. -SOURCE- (Aug. 2, 1946, ch. 753, Sec. 208, as added Aug. 5, 1953, ch. 330, 67 Stat. 387.) ------DocID 7203 Document 296 of 1400------ -CITE- 2 USC Sec. 75b to 75e -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 75b to 75e. Omitted -COD- 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 (50 App. U.S.C. 1611-1648). The Surplus Property Act of 1944 was repealed by act June 30, 1949, ch. 288, title V, Sec. 503, 63 Stat. 399, and the priorities thereunder expired Dec. 31, 1949. 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, Sec. 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, Sec. 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, Sec. 103, Aug. 10, 1961, 75 Stat. 334; Pub. L. 87-730, Sec. 103, Oct. 2, 1962, 76 Stat. 693; Pub. L. 88-248, Sec. 103, Dec. 30, 1963, 77 Stat. 817, related to compensation of certain laborers and clerks in offices of Clerk, Doorkeeper and Postmaster of House. ------DocID 7204 Document 297 of 1400------ -CITE- 2 USC Sec. 76 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 76. Duties of Doorkeeper of House -STATUTE- The Doorkeeper of the House of Representatives shall perform the usual services pertaining to his office during the session of Congress, and shall in the recess, under the direction of the Clerk of the House of Representatives, take care of the apartments occupied by the House of Representatives. -SOURCE- (R.S. Sec. 73.) -COD- CODIFICATION R.S. Sec. 73 derived from act Apr. 12, 1792, ch. 20, 1 Stat. 252. -CROSS- CROSS REFERENCES Senate doorkeeper, see section 63 of this title. ------DocID 7205 Document 298 of 1400------ -CITE- 2 USC Sec. 76-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 76-1. Compensation of Doorkeeper -STATUTE- Until otherwise provided by law, the Doorkeeper of the House of Representatives may be compensated at a rate not 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. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- CODIFICATION Section is based on par. (3) of House Resolution No. 8, Ninety-fifth Congress, Jan. 4, 1977, which was enacted into permanent law by Pub. L. 95-94. -MISC3- PRIOR PROVISIONS A prior section 76-1, based on House Resolution No. 890, Ninety-second Congress, Oct. 4, 1972, as enacted into permanent law by Pub. L. 92-607, ch. V, Sec. 508, Oct. 31, 1972, 86 Stat. 1509, set forth the compensation of the Doorkeeper 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. Another prior section 76-1, based on House Resolution No. 909, Eighty-ninth Congress, Sept. 8, 1966, as enacted into permanent law by Pub. L. 89-697, ch. VI, Sec. 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. 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 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7206 Document 299 of 1400------ -CITE- 2 USC Sec. 76a, 76b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 76a, 76b. Omitted -COD- CODIFICATION Sections were omitted from the Code for lack of general applicability. Section 76a, based on H. Res. No. 560, Mar. 27, 1962, enacted into permanent law by Pub. L. 87-730, Sec. 103, Oct. 2, 1962, 76 Stat. 693, related to position of a special assistant in Office of Doorkeeper. Section 76b, based on H. Res. No. 603, Sec. 1, 2, Apr. 16, 1962, enacted into permanent law by Pub. L. 88-248, Sec. 103, Dec. 30, 1963, 77 Stat. 817, related to compensation of telephone clerks in Office of Doorkeeper. ------DocID 7207 Document 300 of 1400------ -CITE- 2 USC Sec. 77 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 77. Sergeant at Arms of House; additional compensation -STATUTE- The Sergeant at Arms of the House of Representatives shall receive, directly or indirectly, no fees or other compensation or emolument whatever for performing the duties of the office, or in connection therewith, otherwise than the salary prescribed by law. -SOURCE- (June 20, 1874, ch. 328, 18 Stat. 87; Mar. 3, 1875, ch. 129, 18 Stat. 346.) ------DocID 7208 Document 301 of 1400------ -CITE- 2 USC Sec. 77a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 77a. Compensation of Sergeant at Arms -STATUTE- Until otherwise provided by law, the Sergeant at Arms of the House of Representatives may be compensated at a rate not 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. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- CODIFICATION Section is based on par. (3) of House Resolution No. 8, Ninety-fifth Congress, Jan. 4, 1977, which was enacted into permanent law by Pub. L. 95-94. -MISC3- PRIOR PROVISIONS A prior section 77a, based on House Resolution No. 890, Ninety-second Congress, Oct. 4, 1972, as enacted into permanent law by Pub. L. 92-607, ch. V, Sec. 508, 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. 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 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7209 Document 302 of 1400------ -CITE- 2 USC Sec. 78 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 78. Duties of Sergeant at Arms -STATUTE- It shall be the duty of the Sergeant at Arms of the House of Representatives to attend the House during its sittings, to maintain order under the direction of the Speaker, and, pending the election of a Speaker or Speaker pro tempore, under the direction of the Clerk, execute the commands of the House and all processes issued by authority thereof, directed to him by the Speaker, keep the accounts for the pay and mileage of Members and Delegates, and pay them as provided by law. -SOURCE- (Oct. 1, 1890, ch. 1256, Sec. 1, 26 Stat. 645.) -CROSS- CROSS REFERENCES Salary and traveling expenses of Resident Commissioner from Puerto Rico paid by Sergeant at Arms, see section 894 of Title 48, Territories and Insular Possessions. Statement of disbursements, see section 84 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 84 of this title. ------DocID 7210 Document 303 of 1400------ -CITE- 2 USC Sec. 79 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 79. Symbol of office of Sergeant at Arms -STATUTE- The symbol of his office shall be the mace, which shall be borne by him while enforcing order on the floor. -SOURCE- (Oct. 1, 1890, ch. 1256, Sec. 2, 26 Stat. 645.) ------DocID 7211 Document 304 of 1400------ -CITE- 2 USC Sec. 80 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 80. Disbursement of compensation of House Members by Sergeant at Arms -STATUTE- The moneys which have been, or may be, appropriated for the compensation and mileage of Members and Delegates shall be paid at the Treasury on requisitions drawn by the Sergeant at Arms of the House of Representatives, and shall be kept, disbursed, and accounted for by him according to law, and he shall be a disbursing officer, but he shall not be entitled to any compensation additional to the salary fixed by law. -SOURCE- (Oct. 1, 1890, ch. 1256, Sec. 3, 26 Stat. 645.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 25b, 84 of this title. ------DocID 7212 Document 305 of 1400------ -CITE- 2 USC Sec. 80a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 80a. Deductions by Sergeant at Arms in disbursement of gratuity appropriations -STATUTE- The Sergeant at Arms of the House is authorized, in the disbursement of gratuity appropriations, to make deductions of such amounts as may be due to or through his office or as may be due the House of Representatives. -SOURCE- (May 29, 1928, ch. 853, Sec. 1, 45 Stat. 885.) ------DocID 7213 Document 306 of 1400------ -CITE- 2 USC Sec. 81 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 81. Repealed. Pub. L. 93-344, title V, Sec. 505(2), July 12, 1974, 88 Stat. 322 -MISC1- 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. EFFECTIVE DATE OF REPEAL Repeal effective July 12, 1974, see section 905 of Pub. L. 93-344, set out as an Effective Date note under section 621 of this title. ------DocID 7214 Document 307 of 1400------ -CITE- 2 USC Sec. 81a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 81a. Audits and reports of fiscal records of Sergeant at Arms -STATUTE- In order to provide additional protection for the appropriated and trust funds of the Office of the Sergeant at Arms of the House of Representatives, the Comptroller General of the United States shall, not less frequently than once each six months, detail employees of the General Accounting Office to make an on-the-spot audit of all receipts and disbursements pertaining to the fiscal records of such Office of the Sergeant at Arms. The Comptroller General shall report to the Speaker and Sergeant at Arms of the House of Representatives the results of each such audit. -SOURCE- (July 26, 1949, ch. 366, 63 Stat. 482.) -COD- CODIFICATION Section was formerly classified to section 62b of this title. ------DocID 7215 Document 308 of 1400------ -CITE- 2 USC Sec. 81b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 81b. Payment from House contingent fund for restoration or adjustment of trust fund account of Sergeant at Arms -STATUTE- There is authorized to be paid out of the contingent fund of the House, upon vouchers authorized and approved by the Committee on House Administration and signed by the chairman thereof, such sums as may be necessary to restore or otherwise adjust the trust fund account in the office of the Sergeant at Arms by the amount of any incorrect payments made therefrom as the result of errors not the result of bad faith or lack of due care made in cashing checks or making change while carrying out the functions of such office. -SOURCE- (June 27, 1956, ch. 453, title I, Sec. 103, 70 Stat. 370.) -COD- CODIFICATION Section is based on House Resolution No. 465, Eighty-fourth Congress, Apr. 11, 1956, which was enacted into permanent law by act June 27, 1956. ------DocID 7216 Document 309 of 1400------ -CITE- 2 USC Sec. 81c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 81c. Insurance of office funds of Sergeant at Arms; payment of premiums -STATUTE- The Sergeant at Arms of the House of Representatives is authorized and directed to protect the funds of his office by purchasing insurance, in the amount necessary to protect against loss with respect to such funds. Until otherwise provided by law, premiums on such insurance shall be paid out of the contingent fund of the House on vouchers signed by the Sergeant at Arms and approved by the Committee on House Administration. -SOURCE- (Pub. L. 85-75, title I, Sec. 103, July 1, 1957, 71 Stat. 256.) -COD- CODIFICATION Section is based on House Resolution No. 144, Eighty-fifth Congress, Feb. 7, 1957, which was enacted into permanent law by Pub. L. 85-75. ------DocID 7217 Document 310 of 1400------ -CITE- 2 USC Sec. 82 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 82. Repealed. Pub. L. 92-310, title II, Sec. 220(d), (e), June 6, 1972, 86 Stat. 204 -MISC1- Section, acts Oct. 1, 1890, ch. 1256, Sec. 4, 5, 26 Stat. 645, 646; Mar. 2, 1895, ch. 177, Sec. 5, 28 Stat. 807, required Sergeant at Arms of House of Representatives to give a bond in sum of $50,000. ------DocID 7218 Document 311 of 1400------ -CITE- 2 USC Sec. 83 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 83. Tenure of office of Sergeant at Arms -STATUTE- Any person duly elected and qualified as Sergeant at Arms of the House of Representatives shall continue in said office until his successor is chosen and qualified subject, however, to removal by the House of Representatives. -SOURCE- (Oct. 1, 1890, ch. 1256, Sec. 6, 26 Stat. 646.) ------DocID 7219 Document 312 of 1400------ -CITE- 2 USC Sec. 84 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 84. Statement of disbursements by Sergeant at Arms -STATUTE- The Sergeant at Arms of the House of Representatives shall prepare and submit to the House of Representatives, at the commencement of each regular session of Congress, a statement in writing exhibiting the several sums drawn by him pursuant to sections 78 and 80 of this title, the application and disbursement of the same, and the balance, if any, remaining in his hands. -SOURCE- (Oct. 1, 1890, ch. 1256, Sec. 7, 26 Stat. 646.) ------DocID 7220 Document 313 of 1400------ -CITE- 2 USC Sec. 84-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 84-1. Compensation of Postmaster of House -STATUTE- Until otherwise provided by law, the compensation of the Postmaster 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 Clerk, of the Sergeant at Arms, and of the Doorkeeper, of the House of Representatives. -SOURCE- (Pub. L. 98-51, title I, Sec. 110, July 14, 1983, 97 Stat. 269.) -REFTEXT- REFERENCES IN TEXT For compensation of Clerk, Sergeant at Arms, and Doorkeeper, referred to in text, see sections 75-1, 76-1, and 77a of this title. -COD- CODIFICATION Section is based on House Resolution No. 6, Ninety-eighth Congress, Jan. 3, 1983, which was enacted into permanent law by Pub. L. 98-51. -MISC3- PRIOR PROVISIONS A prior section 84-1, which was based on section 3 of House Resolution No. 393, Ninety-fifth Congress, Mar. 31, 1977, as enacted into permanent law by Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668, provided that the per annum gross rate of compensation of the Postmaster was to equal the amount for level 13, step 5, of the House Employees Schedule. Another prior section 84-1, acts Aug. 5, 1955, ch. 568, Sec. 5, 69 Stat. 508; Dec. 16, 1967, Pub. L. 90-206, title II, Sec. 214(b), 81 Stat. 635, set forth the compensation of the Postmaster. 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 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 6939 Document 314 of 1400------ -CITE- 2 USC Sec. 28d -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 28d. Distribution of Precedents by Public Printer for official use; particular distribution; marking and ownership of sets -STATUTE- (a) The Public Printer 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 Public Printer 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. -SOURCE- (Pub. L. 94-551, Sec. 3, Oct. 18, 1976, 90 Stat. 2538.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 28b, 28e of this title. ------DocID 7222 Document 315 of 1400------ -CITE- 2 USC Sec. 84-3, 84-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 84-3, 84-4. Omitted -COD- 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, Sec. 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, Sec. 103, Dec. 30, 1963, 77 Stat. 817, and was omitted because a lump-sum appropriation is now made for the Office of Parliamentarian. ------DocID 7223 Document 316 of 1400------ -CITE- 2 USC Sec. 84a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 84a. Reporters for House of Representatives -STATUTE- No person shall be employed as a reporter for the House of Representatives without the approval of the Speaker. -SOURCE- (R.S. Sec. 54.) -COD- CODIFICATION R.S. Sec. 54 derived from act Apr. 2, 1872, ch. 79, Sec. 3, 17 Stat. 47. ------DocID 7224 Document 317 of 1400------ -CITE- 2 USC Sec. 84a-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 84a-1. Official Reporter of Debates or Official Reporter to Committees; adjustment of compensation -STATUTE- Until otherwise provided by law, effective January 1, 1976, the gross salary of an Official Reporter of Debates or an Official Reporter to Committees, whose pay is disbursed by the Clerk of the House and is fixed at a specific rate by House resolution, is increased by an amount equal to 5 per centum of his per annum gross rate of pay. Effective as of the effective date of each comparability adjustment, which becomes effective on or after January 1, 1976, in the rates of pay of the Federal statutory pay systems under section 5303 of title 5, or under such section 5303 as modified or otherwise changed by any other provision of law, the per annum gross rate of pay of an Official Reporter of Debates or an Official Reporter to Committees is increased by an amount equal to that per centum of his per annum gross rate of pay which is equal to the average per centum increase made in the pay rates of such statutory pay systems to achieve such pay comparability adjustment in the pay rates of such pay systems. No rate of pay shall be increased by reason of the enactment of this section to an amount in excess of the annual rate of basic pay of level V of the Executive Schedule contained in section 5316 of title 5. The contingent fund of the House is made available to carry out the purposes of this section. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668; Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(4)(G)), Nov. 5, 1990, 104 Stat. 1427, 1440.) -COD- CODIFICATION Section is based on House Resolution No. 1495, Ninety-fourth Congress, Sept. 30, 1976, which was enacted into permanent law by Pub. L. 95-94. -MISC3- AMENDMENTS 1990 - Pub. L. 101-509 substituted '5303' for '5305' wherever appearing. 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, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. ------DocID 7225 Document 318 of 1400------ -CITE- 2 USC Sec. 84b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 84b. Disposition of receipts from sales of copies of transcripts -STATUTE- Any sums received from the sales of copies of transcripts of hearings of committees reported by such reporters shall be covered into the Treasury. -SOURCE- (July 17, 1947, ch. 262, 61 Stat. 365; Oct. 18, 1986, Pub. L. 99-500, Sec. 101(j), 100 Stat. 1783-287, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(j), 100 Stat. 3341-287; July 11, 1987, Pub. L. 100-71, title I, 101 Stat. 425.) -COD- CODIFICATION Amendment 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. -MISC3- AMENDMENTS 1987 - Pub. L. 100-71 amended directory language of Pub. L. 99-500 and Pub. L. 99-591. See 1986 Amendment note below. 1986 - Pub. L. 99-500 and 99-591, as amended by Pub. L. 100-71, struck out 'as 'Miscellaneous receipts' ' after 'Treasury'. See Codification note above. EFFECTIVE DATE OF 1987 AMENDMENT Section 101 of Pub. L. 100-71 provided that the amendment made by that section is effective Oct. 18, 1986. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-500 and 99-591 effective Oct. 1, 1986, see Effective Date note set out under section 117e of this title. ------DocID 7226 Document 319 of 1400------ -CITE- 2 USC Sec. 85 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 85. Performance of duties by employees of House -STATUTE- Employees of the House of Representatives under the Clerk, Sergeant at Arms, Doorkeeper, and Postmaster shall only be assigned to and engaged upon the duties of the positions to which they are appointed and for which compensation is provided, except that in cases of emergency or congestion of public business incident to the close of a session of Congress or other like cause an employee or employees may be assigned or required to aid in the discharge of the duties of any other employee or employees, and in the discretion of the Doorkeeper not more than one folder may, if necessary, be assigned to do clerical work under the direction of the foreman of the folding room, but all assignments made hereunder shall be without additional compensation and shall not constitute the basis of a claim therefor. -SOURCE- (Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 968.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 90, 91 of this title. ------DocID 7227 Document 320 of 1400------ -CITE- 2 USC Sec. 86 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 86. Division of salaries of employees of House -STATUTE- It shall not be lawful to appoint or employ in any position under the House of Representatives more than one person at any one time, or to require or permit any such person to divide with another any portion of his salary or compensation while so employed. -SOURCE- (Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 968.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 90, 91 of this title. ------DocID 7228 Document 321 of 1400------ -CITE- 2 USC Sec. 87 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 87. Requiring or permitting employees of House to sublet duties -STATUTE- It shall not be lawful to require or permit any person in the employ of the House of Representatives to sublet to another the discharge of any portion of the duties of the position to which he is appointed. -SOURCE- (Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 968.) -CROSS- CROSS REFERENCES Subletting duties of an employee of Senate or House forbidden, see section 101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 90 and 91 of this title. ------DocID 7229 Document 322 of 1400------ -CITE- 2 USC Sec. 88 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88. Omitted -COD- CODIFICATION Section, act Mar. 3, 1901, ch. 830, Sec. 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 88b-1(b) of this title. ------DocID 7230 Document 323 of 1400------ -CITE- 2 USC Sec. 88a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88a. Education of Congressional and Supreme Court pages; appropriations; attendance at private or parochial schools -STATUTE- (a) The Secretary of the Senate and the Clerk of the House of Representatives, acting jointly, are authorized and directed to enter into an arrangement with the Board of Education of the District of Columbia for the education of Congressional pages and pages of the Supreme Court in the public school system of the District. Such arrangement shall include provision for reimbursement to the District of Columbia for any additional expenses incurred by the public school system of the District in carrying out such arrangement. (b) There are authorized to be appropriated such sums as may be necessary to reimburse the District of Columbia in accordance with the arrangement referred to in subsection (a) of this section. (c) Notwithstanding the provisions of subsections (a) and (b) of this section, said page or pages may elect to attend a private or parochial school of their own choice: Provided, however, That such private or parochial school shall be reimbursed by the Senate and House of Representatives only in the same amount as would be paid if the page or pages were attending a public school under the provisions of subsections (a) and (b) of this section. -SOURCE- (Aug. 2, 1946, ch. 753, title II, Sec. 243, 60 Stat. 839.) -MISC1- EFFECTIVE DATE Section effective Jan. 3, 1947, see section 245 of act Aug. 2, 1946, set out as a note under section 72a of this title. -CROSS- CROSS REFERENCES Personnel for education of pages, employment and compensation by Board of Education of District of Columbia, see D.C. Code Sec. 31-118. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 184a. ------DocID 7231 Document 324 of 1400------ -CITE- 2 USC Sec. 88b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88b. Education of other minors who are Congressional employees -STATUTE- The facilities provided for the education of Congressional and Supreme Court pages shall be available from and after January 2, 1947, also for the education of such other minors who are congressional employees as may be certified by the Secretary of the Senate and the Clerk of the House of Representatives to receive such education. This section shall not apply to any minor who is an employee of the House of Representatives or to any educational facility under the House of Representatives Page Board. -SOURCE- (Mar. 22, 1947, ch. 20, title I, 61 Stat. 16; July 17, 1984, Pub. L. 98-367, title I, Sec. 103, 98 Stat. 479.) -COD- CODIFICATION The first paragraph of this section is based on act Mar. 22, 1947. The second paragraph is based on House Resolution No. 279, Ninety-eighth Congress, July 21, 1983, which was enacted into permanent law by Pub. L. 98-367. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 184a. ------DocID 7232 Document 325 of 1400------ -CITE- 2 USC Sec. 88b-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88b-1. Congressional pages -STATUTE- (a) Appointment conditions A person shall not be appointed as a page of the Senate or House of Representatives - (1) unless he agrees that, in the absence of unforeseen circumstances preventing his service as a page after his appointment, he will continue to serve as a page for a period of not less than two months; and (2) until complete information in writing is transmitted to his parent or parents, his legal guardian, or other appropriate person or persons acting as his parent or parents, with respect to the nature of the work of pages, their pay, their working conditions (including hours and scheduling of work), and the housing accommodations available to pages. (b) Qualifications A person shall not serve as a page - (1) of the Senate before he has attained the age of fourteen years; or (2) of the House of Representatives before he has attained the age of sixteen years; or (except in the case of a chief page, telephone page, or riding page) during any session of the Congress which begins after he has attained the age of eighteen years. -SOURCE- (Pub. L. 91-510, title IV, Sec. 491(a)-(d), Oct. 26, 1970, 84 Stat. 1198; Pub. L. 97-51, Sec. 101(c), 123, Oct. 1, 1981, 95 Stat. 959, 965.) -COD- CODIFICATION Repeal of subsecs. (c) and (d) of this section is based on section 304(a) of H.R. 4120, as reported July 9, 1981, which was enacted into permanent law by section 101(c) of Pub. L. 97-51 and amended by section 123 of Pub. L. 97-51. -MISC3- AMENDMENTS 1981 - Subsecs. (c), (d). Pub. L. 97-51 struck out subsecs. (c) and (d) which had provided, respectively, that pay of pages of the Senate began not more than five days before the convening or reconvening of a session of the Congress or of the Senate and continued until the end of the month during which the Congress or the Senate adjourned or recessed or until the fourteenth day after such adjournment or recess, whichever was the later date, except that, in any case in which the Congress or the Senate adjourned or recessed on or before the last day of July for a period of at least thirty days but not more than forty-five days, such pay would continue until the end of such period of adjournment or recess, and that the pay of pages of the House of Representatives began not more than five days before the convening of a session of the Congress and continued until the end of the month during which the Congress adjourned sine die or recessed or until the fourteenth day after such adjournment or recess, whichever was the later date, except that, in any case in which the House adjourned or recessed on or before the last day of July in any year for a period of at least thirty days but not more than forty-five days, such pay would continue until the end of such period of adjournment or recess. EFFECTIVE DATE Subsecs. (a), (c), and (d) of this 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 72a of this title. Section 491(f) of Pub. L. 91-510 provided that: 'Subsection (b) of this section shall become effective on January 3, 1971, but the provisions of such subsection limiting service as a page to persons who have attained the age of sixteen years shall not be construed to prohibit the continued service of any page appointed prior to the date of enactment of this Act (Oct. 26, 1970).' PAY OF PAGES BETWEEN RECESS OR ADJOURNMENT Prior to the repeal of subsecs. (c) and (d) of section 88b-1 of this title by Pub. L. 97-51, provisions for continuing the pay of pages of the Senate and House of Representatives during specific periods of recess or adjournment of Congress by making such subsecs. (b) and (c) inapplicable to the pay of pages during such periods, were contained in the following appropriation acts: Pub. L. 97-12, title I, June 5, 1981, 95 Stat. 65. Pub. L. 96-536, Sec. 101(c), Dec. 16, 1980, 94 Stat. 3167. Pub. L. 96-38, title III, Sec. 303, July 25, 1979, 93 Stat. 142. Subsequently repealed by Pub. L. 97-51, Sec. 101(c), 123, Oct. 1, 1981, 95 Stat. 965. Pub. L. 95-391, title III, Sec. 305, Sept. 30, 1978, 92 Stat. 789. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 184a. ------DocID 6940 Document 326 of 1400------ -CITE- 2 USC Sec. 28e -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 28e. Distribution of Precedents by Joint Committee on Printing of surplus sets; additional printing, etc., of sets under authority of Joint Committee -STATUTE- (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. -SOURCE- (Pub. L. 94-551, Sec. 4, Oct. 18, 1976, 90 Stat. 2538.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 28b of this title. ------DocID 7234 Document 327 of 1400------ -CITE- 2 USC Sec. 88b-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88b-3. Membership of Page Board -STATUTE- (a) Appointed and designated members The Page Board shall consist of - (1) two Members of the House appointed by the Speaker and one Member of the House appointed by the minority leader; (2) the Clerk, Doorkeeper, and Sergeant at Arms of the House; and (3) the Architect of the Capitol. (b) 'Member of the House' defined As used in sections 88b-2 to 88b-4 of this title, the term 'Member of the House' means a Representative in, and a Delegate or Resident Commissioner to, the Congress. -SOURCE- (Pub. L. 97-377, title I, Sec. 127, Dec. 21, 1982, 96 Stat. 1914.) -COD- CODIFICATION Section is based on section 2 of House Resolution No. 611, Ninety-seventh Congress, Nov. 30, 1982, which was enacted into permanent law by Pub. L. 97-377. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 88b-4 of this title. ------DocID 7235 Document 328 of 1400------ -CITE- 2 USC Sec. 88b-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88b-4. Regulations of Page Board -STATUTE- The Page Board shall have authority to prescribe such regulations as may be necessary to carry out sections 88b-2 to 88b-4 of this title. -SOURCE- (Pub. L. 97-377, title I, Sec. 127, Dec. 21, 1982, 96 Stat. 1914.) -COD- CODIFICATION Section is based on section 3 of House Resolution No. 611, Ninety-seventh Congress, Nov. 30, 1982, which was enacted into permanent law by Pub. L. 97-377. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 88b-3 of this title. ------DocID 7236 Document 329 of 1400------ -CITE- 2 USC Sec. 88b-5 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88b-5. Page residence hall and page meal plan -STATUTE- (a) Revolving fund; establishment within House contingent fund Effective at the beginning of the Ninety-eighth Congress and until otherwise provided by law, there is established a revolving fund within the contingent fund of the House of Representatives for the page residence hall and the page meal plan. (b) Deposits in revolving fund; disbursements by Clerk of House There shall be deposited in the revolving fund such amounts as may be received by the Clerk with respect to lodging, meals, and related services furnished for congressional pages. Amounts so deposited shall be available for disbursement by the Clerk for expenses relating to the page residence hall and the page meal plan. (c) 'Clerk' defined As used in this section, the term 'Clerk' means the Clerk of the House of Representatives. (d) Regulations The House of Representatives Page Board shall prescribe such regulations as may be necessary to carry out this section. -SOURCE- (Pub. L. 98-51, title I, Sec. 110, July 14, 1983, 97 Stat. 269.) -REFTEXT- REFERENCES IN TEXT The Ninety-eighth Congress, referred to in subsec. (a), convened on Jan. 3, 1983. -COD- CODIFICATION Sections 1 to 4 of House Resolution No. 64 have been redesignated subsecs. (a) to (d) of this section, respectively, for purposes of codification. Section is based on House Resolution No. 64, Ninety-eighth Congress, Feb. 8, 1983, which was enacted into permanent law by Pub. L. 98-51. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 88b-6 of this title. ------DocID 7237 Document 330 of 1400------ -CITE- 2 USC Sec. 88b-6 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88b-6. Charges for lodging, meals, and related services furnished Senate pages in page residence hall; withholding from salary -STATUTE- The Secretary of the Senate is authorized to withhold from the salary of each Senate page who resides in the page residence hall an amount equal to the charge imposed for lodging, meals, and related services, furnished to such page in such hall. The amounts so withheld shall be transferred by the Secretary of the Senate to the Clerk of the House of Representatives for deposit by such Clerk in the revolving fund, within the contingent fund of the House of Representatives, for the page residence hall and page meal plan, as established by section 88b-5 of this title. -SOURCE- (Pub. L. 98-63, title I, Sec. 902, July 30, 1983, 97 Stat. 336.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1983. ------DocID 7238 Document 331 of 1400------ -CITE- 2 USC Sec. 88c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88c. Repealed. Pub. L. 91-510, title IV, Sec. 491(e), Oct. 26, 1970, 84 Stat. 1198 -MISC1- 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, Sec. 16(b), 78 Stat. 1084, provided for compensation of pages of Senate and House. 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 72a of this title. ------DocID 7239 Document 332 of 1400------ -CITE- 2 USC Sec. 88c-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88c-1. Educational services and related items for pages; payment authority pursuant to contract, etc., by Page Board -STATUTE- Notwithstanding any provision of law, and until otherwise provided by law, there shall be paid out of the contingent fund of the House of Representatives such amounts as may be necessary to enable the House of Representatives Page Board to furnish, by contract or otherwise, educational services and related items for pages in accordance with sections 88c-1 to 88c-4 of this title. -SOURCE- (Pub. L. 98-367, title I, Sec. 103, July 17, 1984, 98 Stat. 479.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 234, Ninety-eighth Congress, June 29, 1983, which was enacted into permanent law by Pub. L. 98-367. -MISC3- EFFECTIVE DATE Section 5 of House Resolution No. 234, Ninety-eighth Congress, June 29, 1983, as enacted into permanent law by Pub. L. 98-367, provided that: 'This resolution (enacting sections 88c-1 to 88c-4 of this title) shall take effect on the date on which this resolution is agreed to (June 29, 1983), except that section 3(a)(1)(A) and section 3(b)(2) (section 88c-3(a)(1)(A), (b)(2) of this title) shall apply to terms beginning after November 30, 1983.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 88c-4 of this title. ------DocID 6941 Document 333 of 1400------ -CITE- 2 USC Sec. 29 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 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 -STATUTE- 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 Printing Office. -SOURCE- (Pub. L. 91-510, title III, Sec. 332, Oct. 26, 1970, 84 Stat. 1186.) -MISC1- 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 72a of this title. -CROSS- CROSS REFERENCES Establishment of Office of Parliamentarian of House of Representatives, see section 287 et seq. of this title. ------DocID 7241 Document 334 of 1400------ -CITE- 2 USC Sec. 88c-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88c-3. Service of page during academic year and summer term; filling of vacancies; eligibility -STATUTE- (a)(1) Except as provided in subsection (b) of this section, a page serving during an academic year - (A) shall be in the eleventh grade; and (B) shall serve for one full term or two full terms. (2) Except as provided in subsection (b) of this section, a page serving during the summer term - (A) shall have completed the tenth grade; and (B) shall not have begun the twelfth grade. (b)(1) An unforeseen vacancy occurring in a page position during an academic year may be filled, but no appointment to fill that vacancy shall be for a period of less than two months. (2) An individual who has served as a congressional page at any time during each of any three terms shall not be eligible to serve as a page. -SOURCE- (Pub. L. 98-367, title I, Sec. 103, July 17, 1984, 98 Stat. 479.) -COD- CODIFICATION Section is based on section 3 of House Resolution No. 234, Ninety-eighth Congress, June 29, 1983, which was enacted into permanent law by Pub. L. 98-367. -MISC3- EFFECTIVE DATE Section effective June 29, 1983, except that subsecs. (a)(1)(A) and (b)(2) applicable to terms beginning after Nov. 30, 1983, see note set out under section 88c-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 88c-1, 88c-4 of this title. ------DocID 7242 Document 335 of 1400------ -CITE- 2 USC Sec. 88c-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88c-4. Definitions -STATUTE- As used in sections 88c-1 to 88c-4 of this title, the term - (1) 'academic year' means a regular school year, consisting of two terms; (2) 'page' means a page of the House of Representatives, but such term does not include a full time, permanent employee of the House of Representatives with supervisory responsibility for pages; and (3) 'congressional page' means a page of the House of Representatives or the Senate. -SOURCE- (Pub. L. 98-367, title I, Sec. 103, July 17, 1984, 98 Stat. 479.) -COD- CODIFICATION Section is based on section 4 of House Resolution No. 234, Ninety-eighth Congress, June 29, 1983, which was enacted into permanent law by Pub. L. 98-367. -MISC3- EFFECTIVE DATE Section effective June 29, 1983, see note set out under section 88c-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 88c-1 of this title. ------DocID 7243 Document 336 of 1400------ -CITE- 2 USC Sec. 89 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 89. Certificates to pay rolls of employees of House -STATUTE- The Clerk, Sergeant at Arms, Doorkeeper, and Postmaster of the House of Representatives shall make certificate each month to their respective pay rolls, stating whether the persons named in such pay rolls and employed in their respective departments have been actually present at their respective places of duty and have actually performed the services for which compensation is provided in said pay rolls, and in each case where a person carried on such pay roll has been absent and has not performed the services in whole or in part for which payment is proposed, the reason for such absence and for such nonperformance of services shall be stated. -SOURCE- (Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 968.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 90, 91 of this title. ------DocID 7244 Document 337 of 1400------ -CITE- 2 USC Sec. 89a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 89a. Certification of indebtedness of employees of House; withholding of amount -STATUTE- Whenever an employee of the House of Representatives becomes indebted to the House of Representatives, or to the trust fund account in the office of the Sergeant at Arms of the House of Representatives, and such employee fails to pay such indebtedness, the chairman of the committee, or the elected officer, of the House of Representatives having jurisdiction of the activity under which such indebtedness arose, is authorized to certify to the Clerk of the House of Representatives the amount of such indebtedness. The Clerk of the House of Representatives is authorized to withhold the amount so certified from any amount which is disbursed by him and which is due to, or on behalf of, such employee. Whenever an amount is withheld under this section, the appropriate account shall be credited in an amount equal to the amount so withheld. As used in this section, the term 'employee of the House of Representatives' means any person in the legislative branch of the Government whose salary, wages, or other compensation is disbursed by the Clerk of the House of Representatives. -SOURCE- (Pub. L. 85-492, July 2, 1958, 72 Stat. 293.) -CROSS- CROSS REFERENCES Waiver by Speaker of claims for erroneous payment of pay or allowances, see section 130d of this title. ------DocID 7245 Document 338 of 1400------ -CITE- 2 USC Sec. 90 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 90. Removal from office of employees of House -STATUTE- The violation of any of the provisions of sections 85 to 87 and 89 of this title shall, upon ascertainment thereof, be deemed to be cause for removal from office. -SOURCE- (Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 968.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 91 of this title. ------DocID 7246 Document 339 of 1400------ -CITE- 2 USC Sec. 91 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 91. Inquiry by Committee on House Administration -STATUTE- It shall be the duty of the Committee on House Administration of the House of Representatives from time to time to inquire into the enforcement or violation of any of the provisions of sections 85 to 87, 89, and 90 of this title; and for this purpose they are authorized to send for persons and papers, and to administer oaths; and they shall report to the House at least once every session their compliance with the duty herein imposed. -SOURCE- (Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 968; Aug. 2, 1946, ch. 753, Sec. 121, 60 Stat. 822.) -MISC1- AMENDMENTS 1946 - Act Aug. 2, 1946, substituted 'Committee on House Administration' for 'Committee on Accounts'. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that the amendment made by that act is effective Jan. 2, 1947. ------DocID 7247 Document 340 of 1400------ -CITE- 2 USC Sec. 92 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 92. Payment of appropriations for clerk hire for Members, Delegates, and Resident Commissioners -STATUTE- Appropriations made by Congress for clerk hire for Members, Delegates, and Resident Commissioners shall be paid by the Clerk of the House of Representatives to those persons, not to exceed eight in number, to be designated by each Member, Delegate, or Resident Commissioner or, in the case of each Member, Delegate, and Resident Commissioner the population of whose constituency is five hundred thousand or more, as currently estimated by the Bureau of the Census, not to exceed the foregoing number increased by one, to be designated by each such Member, Delegate, and Resident Commissioner, as the case may be, the names of such persons to be placed upon the roll of employees of the House of Representatives, together with the amount to be paid each; and Representatives, Delegates, and Resident Commissioners elected to Congress shall likewise be entitled to make such designations: Provided, That such persons shall be subject to removal at any time by such Member, Delegate, or Resident Commissioner with or without cause. -SOURCE- (Jan. 25, 1923, ch. 43, 42 Stat. 1217; July 25, 1939, ch. 352, Sec. 1, 53 Stat. 1080; Aug. 5, 1955, ch. 568, Sec. 11(b), 69 Stat. 509; Aug. 3, 1956, ch. 938, Sec. 1(b), 70 Stat. 990.) -MISC1- AMENDMENTS 1956 - Act Aug. 3, 1956, inserted provision that where constituency is five hundred thousand or more, the number of clerks permitted may be increased by one. 1955 - Act Aug. 5, 1955, substituted 'to those persons, not to exceed eight in number' for 'to one, two, or three persons'. 1939 - Act July 25, 1939, substituted 'to one, two, or three persons' for 'to one or two persons'. EFFECTIVE DATE OF 1955 AMENDMENT Amendment by act Aug. 5, 1955, effective Aug. 1, 1955, see section 14 of that act. EFFECTIVE DATE OF 1939 AMENDMENT Amendment by act July 25, 1939, effective Jan. 1, 1940, see section 4 of that act. EMPLOYMENT OF PERMANENT CLERKS House Resolution 359, Ninety-sixth Congress, July 20, 1979, as enacted into permanent law by H.R. 7593, as passed the House of Representatives on July 21, 1980, and enacted into permanent law by Pub. L. 96-536, Sec. 101(c), Dec. 16, 1980, 94 Stat. 3167, provided: 'That, notwithstanding any provision of law, rule, or other authority, each Member shall be entitled to employ not more than eighteen permanent clerks, except that not more than four employees designated by the Member to the Clerk of the House as falling into one of the following categories need not be counted as permanent clerks: '(1) Part-time employees. '(2) Employees drawing compensation from more than one employing authority of the House. '(3) Interns. '(4) Employees on leave without pay. '(5) Temporary employees. All clerks authorized by this section shall be paid from the clerk hire allowance of the Member involved. Employees so designated by the Member as temporary employees or interns shall not be eligible to participate in the health and life insurance program, or to participate in the Civil Service Retirement Act. 'Sec. 2. The total of the salary payments by a Member from the clerk hire allowance for a monthly pay period shall not exceed one-tenth of the single per annum gross rate of the clerk hire allowance of such Member: Provided, however, That not more than one-fourth of a Member's total annual clerk hire allowance may be used in each quarterly period. 'Sec. 3. For purposes of this resolution - '(1) part-time employees may not be compensated at a rate in excess of $750 per month, or may not have a normally assigned work period that exceeds an average of fifteen full working days per month; '(2) interns shall be employed primarily for their educational experience in Washington, District of Columbia, for a period not to exceed one hundred and twenty days in any one year and may not be compensated at a single per annum gross rate of more than $7,800; and '(3) temporary employees must be employed for a specific purpose or task and may not be employed by a Member for more than three months in any one year, except by written permission of the Committee on House Administration. 'Sec. 4. As used in this resolution, the term 'Member' means a Representative in, or Delegate or Resident Commissioner to the Congress. 'Sec. 5. The Committee on House Administration shall adopt such rules and regulations as are necessary to carry out this resolution. Except as otherwise provided by law, any funds necessary to carry out this resolution shall be paid from the contingent fund of the House. 'Sec. 6. This resolution shall take effect on the first day of the first month beginning after the month in which this resolution is agreed to (July, 1979).' House Resolution 357, Ninety-first Congress, June 25, 1969, as enacted into permanent law by Pub. L. 91-145, Sec. 103, Dec. 12, 1969, 83 Stat. 359, provided in part: 'That, effective on the first day of the first month which begins after the date of adoption of this resolution (June 25, 1969), there shall be paid out of the contingent fund of the House, until otherwise provided by law, such sums as may be necessary to increase the basic clerk hire allowance of each Member and the Resident Commissioner from Puerto Rico by an additional $2,500 per annum, and each such Member and Resident Commissioner shall be entitled to one clerk in addition to those to which he is otherwise entitled.' -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. Delegates from Guam and Virgin Islands, clerk hire, see section 1715 of Title 48, Territories and Insular Possessions. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 7248 Document 341 of 1400------ -CITE- 2 USC Sec. 92-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 92-1. Clerk hire allowance payments; place of performance of services -STATUTE- No person shall be paid from any clerk hire allowance if such person does not perform the services for which he receives such compensation in the offices of such Member or Resident Commissioner in Washington, District of Columbia, or in the State or the district which such Member or Resident Commissioner represents. -SOURCE- (Pub. L. 89-90, Sec. 103, July 27, 1965, 79 Stat. 281.) -COD- CODIFICATION Section is based on section 2 of House Resolution 294, Eighty-eighth Congress, Aug. 14, 1964, as continued by House Resolution 7, Eighty-ninth Congress, Jan. 4, 1965, which was enacted into permanent law by Pub. L. 89-90. ------DocID 7249 Document 342 of 1400------ -CITE- 2 USC Sec. 92a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 92a. Pay of clerical assistants as affected by death of Senator or Representative -STATUTE- When a Senator or Member of the House of Representatives or Delegate or Resident Commissioner dies during his term of office the clerical assistants appointed by him, and then borne upon the pay rolls of the Senate or House of Representatives, shall be continued on such pay rolls in their respective positions and be paid for a period not longer than one month: Provided, That this shall not apply to clerical assistants of standing committees of the Senate or House of Representatives, when their service otherwise would continue beyond such period. -SOURCE- (Feb. 23, 1927, ch. 168, Sec. 1, 44 Stat. 1148.) -STATAMEND- EMPLOYEES OF THE SENATE Pub. L. 98-473, title I, Sec. 123A(a), Oct. 12, 1984, 98 Stat. 1969, provided that this section shall not apply to any employee of the Senate. -CROSS- CROSS REFERENCES Pay of clerical assistants to be continued until successor of deceased or resigned Member of House is elected, see section 92b of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 92b of this title. ------DocID 7250 Document 343 of 1400------ -CITE- 2 USC Sec. 92b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 92b. Pay of clerical assistants as affected by death or resignation of Member of House -STATUTE- Notwithstanding the provisions of section 92a of this title, in case of the death or resignation of a Member of the House during his term of office, the clerical assistants designated by him and borne upon the clerk hire pay rolls of the House of Representatives on the date of such death or resignation shall be continued upon such pay rolls at their respective salaries until the successor to such Member of the House is elected to fill the vacancy. -SOURCE- (Aug. 21, 1935, ch. 600, Sec. 1, 49 Stat. 679; Apr. 24, 1950, ch. 96, 64 Stat. 82; July 15, 1952, ch. 759, Sec. 1, 66 Stat. 662; Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80 Stat. 657.) -MISC1- AMENDMENTS 1966 - Pub. L. 89-554 struck out sentence which related to retirement service credit. 1952 - Joint Res. July 15, 1952, provided retirement credit to employees for time they were separated from employment following death or resignation of a Member and before election of his successor. 1950 - Joint Res. Apr. 24, 1950, struck out second sentence which limited continuance of clerical assistants of deceased or resigned House Members on pay roll to six months. EFFECTIVE DATE Section 4 of act Aug. 21, 1935, provided that: 'This joint resolution (enacting sections 92b to 92d of this title) shall be effective as of the beginning of the Seventy-fourth Congress, January 3, 1935.' -CROSS- CROSS REFERENCES Pay of clerical assistants as affected by death of Senator or Representative, see section 92a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 25b, 92b-1, 92c, 92d of this title. ------DocID 7251 Document 344 of 1400------ -CITE- 2 USC Sec. 92b-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 92b-1. Termination of service of Members of House -STATUTE- (a) Until otherwise provided by law, for purposes of sections 92b, 92c, and 92d of this title, any termination of service during a term of office of a Member of the House that is not described in section 92b of this title shall be treated as if such termination were described in such section. (b) The Clerk of the House shall take such action as may be necessary to apply the principles of section 92c of this title in the carrying out of sections 92b-1 to 92b-3 of this title. -SOURCE- (Pub. L. 97-51, Sec. 101(c), Oct. 1, 1981, 95 Stat. 959.) -COD- CODIFICATION Section is based on section 1 of House Resolution 804, Ninety-sixth Congress, Oct. 2, 1980, as enacted into permanent law by H.R. 4120, as reported July 9, 1981, which was enacted into permanent law by section 101(c) of Pub. L. 97-51. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 92b-2, 92b-3 of this title. ------DocID 6942 Document 345 of 1400------ -CITE- 2 USC Sec. 29a -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 29a. Early organization of House of Representatives -STATUTE- (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, 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 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) of this section, 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) of this section 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 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. (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 Administration 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 Administration. (c) Availability of House contingent fund The contingent fund of the House is made available to carry out the purposes of this section. -SOURCE- (Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.) -COD- 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. -MISC3- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 43b-2 of this title. ------DocID 7253 Document 346 of 1400------ -CITE- 2 USC Sec. 92b-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 92b-3. Vouchers -STATUTE- Payments under sections 92b-1 to 92b-3 of this title shall be made on vouchers approved by the Committee on House Administration and signed by the chairman of such committee. -SOURCE- (Pub. L. 97-51, Sec. 101(c), Oct. 1, 1981, 95 Stat. 959.) -COD- CODIFICATION Section is based on section 3 of House Resolution 804, Ninety-sixth Congress, Oct. 2, 1980, as enacted into permanent law by H.R. 4120, as reported July 9, 1981, which was enacted into permanent law by section 101(c) of Pub. L. 97-51. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 92b-1, 92b-2 of this title. ------DocID 7254 Document 347 of 1400------ -CITE- 2 USC Sec. 92c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 92c. Performance of duties by clerical assistants of dead or resigned Member of House -STATUTE- Any clerical assistants who continue on the House pay rolls under the provisions of section 92b of this title shall, while so continued, perform their duties under the direction of the Clerk of the House, and he is authorized and directed to remove from such pay rolls any such clerks who are not attending to the duties for which their services are continued. -SOURCE- (Aug. 21, 1935, ch. 600, Sec. 2, 49 Stat. 680.) -MISC1- EFFECTIVE DATE Section effective Jan. 3, 1935, see section 4 of act Aug. 21, 1935, set out as a note under section 92b of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 92b-1 of this title. ------DocID 7255 Document 348 of 1400------ -CITE- 2 USC Sec. 92d -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 92d. 'Member of House' defined -STATUTE- As used in section 92b of this title the phrase 'Member of the House' shall mean a Representative, Representative-elect, Delegate, Delegate-elect, Resident Commissioner, or Resident Commissioner-elect. -SOURCE- (Aug. 21, 1935, ch. 600, Sec. 3, 49 Stat. 680.) -MISC1- EFFECTIVE DATE Section effective Jan. 3, 1935, see section 4 of act Aug. 21, 1935, set out as a note under section 92b of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 92b-1 of this title. ------DocID 7256 Document 349 of 1400------ -CITE- 2 USC Sec. 92e -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 92e. Repealed. Pub. L. 98-473, title I, Sec. 123A(b), Oct. 12, 1984, 98 Stat. 1969 -MISC1- 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. ------DocID 7257 Document 350 of 1400------ -CITE- 2 USC Sec. 93, 94 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 93, 94. Omitted -COD- CODIFICATION Section 93, act June 28, 1886, No. 15, 24 Stat. 342, related to time of beginning of compensation of committee clerks. See section 72a of this title and Rules of House of Representatives. Section 94, acts Mar. 4, 1925, ch. 549, Sec. 1, 43 Stat. 1291; May 13, 1926, ch. 294, Sec. 1, 44 Stat. 542; Feb. 23, 1927, ch. 168, Sec. 1, 44 Stat. 1152; May 14, 1928, ch. 551, Sec. 1, 45 Stat. 522; Feb. 28, 1929, ch. 367, Sec. 1, 45 Stat. 1392; June 6, 1930, ch. 407, Sec. 1, 46 Stat. 509; Feb. 20, 1931, ch. 234, Sec. 1, 46 Stat. 1180; June 30, 1932, ch. 314, Sec. 1, 47 Stat. 388; Feb. 28, 1933, ch. 134, Sec. 1, 47 Stat. 1356, related to appointment and removal of janitors, and was limited to the appropriation acts of which it was a part. ------DocID 7258 Document 351 of 1400------ -CITE- 2 USC Sec. 95 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 95. Payments from House contingent fund -STATUTE- No payment shall be made from the contingent fund of the House of Representatives unless sanctioned by the Committee on House Administration of the House of Representatives. Payments made upon vouchers approved by said Committee shall be deemed, held, and taken, and are declared to be conclusive upon all the departments and officers of the Government: Provided, That no payment shall be made from said contingent fund as additional salary or compensation to any officer or employee of the House of Representatives. -SOURCE- (Oct. 2, 1888, ch. 1069, 25 Stat. 546; Mar. 4, 1911, ch. 240, 36 Stat. 1318; Aug. 2, 1946, ch. 753, Sec. 121, 60 Stat. 822; Dec. 27, 1974, Pub. L. 93-554, title I, 88 Stat. 1776.) -COD- CODIFICATION Provisions of act Oct. 2, 1888, relating to payments from contingent fund of the Senate are classified to section 68 of this title. -MISC3- AMENDMENTS 1974 - Pub. L. 93-554 reenacted section substantially without change. 1946 - Act Aug. 2, 1946, substituted 'Committee on House Administration' for 'Committee on Accounts'. EFFECTIVE DATE OF 1974 AMENDMENT Section 101 of Pub. L. 93-554 provided that the amendment made by that section is effective Jan. 1, 1975. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that the amendment made by that act is effective Jan. 2, 1947. ------DocID 7259 Document 352 of 1400------ -CITE- 2 USC Sec. 95a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 95a. Appropriations for contingent expenses of House; restrictions -STATUTE- Appropriations made for contingent expenses of the House of Representatives shall not be used for the payment of personal services except upon the express and specific authorization of the House in whose behalf such services are rendered. Nor shall such appropriations be used for any expenses not intimately and directly connected with the routine legislative business of the House of Representatives, and the General Accounting Office shall apply the provisions of this section in the settlement of the accounts of expenditures from said appropriations incurred for services or materials. -SOURCE- (Feb. 14, 1902, ch. 17, Sec. 1, 32 Stat. 26; June 10, 1921, ch. 18, title III, Sec. 304, 42 Stat. 24.) -COD- CODIFICATION Section was a proviso annexed to an appropriation for miscellaneous items, in the Urgent Deficiency Appropriation Act for the fiscal year 1902. Section was formerly classified to section 671 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. Provisions relating to appropriations for contingent expenses of the Senate are set out in section 68-2 of this title. -TRANS- TRANSFER OF FUNCTIONS 'General Accounting Office' was substituted in text for 'accounting officers of the Treasury' pursuant to act June 10, 1921, which transferred all powers and duties of the Comptroller, six auditors, and certain other employees of the Treasury to the General Accounting Office. See section 701 et seq. of Title 31, Money and Finance. -CROSS- CROSS REFERENCES Deposit of contracts not applicable to contingent funds of Congress, see section 20 of Title 41, Public Contracts. ------DocID 7260 Document 353 of 1400------ -CITE- 2 USC Sec. 96 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 96. Payment of certain bills from moneys of House -STATUTE- It shall be unlawful for the Clerk of the House to pay out of any moneys of the House of Representatives any bills for laundry, supplies, or utensils, except necessary furniture, used in the barber shops of the House Office Building or the House side of the Capitol. -SOURCE- (July 16, 1914, ch. 141, Sec. 1, 38 Stat. 462; Mar. 3, 1926, ch. 44, Sec. 1, 44 Stat. 163.) ------DocID 7261 Document 354 of 1400------ -CITE- 2 USC Sec. 97 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 97. Temporary committee on accounts of House -STATUTE- The Speaker of the House of Representatives of each Congress shall, before the termination of the last session of each Congress, appoint, from the Representatives-elect, a temporary committee on accounts, of three members, which said committee on accounts shall have the same powers and perform the same duties in reference to payments made from the contingent fund of the House of Representatives of the next Congress as are authorized by law and the rules of the preceding House of Representatives. Said temporary committee on accounts shall begin to exercise its powers immediately upon the termination of the previous Congress, and shall continue to exercise and discharge said duties until after the meeting and organization of the House of Representatives of the succeeding Congress, and until the appointment of the regular committee on accounts. All payments made out of the contingent fund of the House of Representatives upon vouchers approved by said temporary committee on accounts shall be deemed, held, and taken, and are declared to be conclusive upon all the departments and auditing officers of the Government. -SOURCE- (Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat. 768.) -REFTEXT- REFERENCES IN TEXT The regular committee on accounts, referred to in text, refers to the Committee on Accounts, which was merged into the Committee on House Administration of the House of Representatives, by act Aug. 2, 1946, ch. 753, Sec. 121, 60 Stat. 822, effective Jan. 2, 1947. ------DocID 7262 Document 355 of 1400------ -CITE- 2 USC Sec. 98, 99 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 98, 99. Omitted -COD- CODIFICATION 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, Sec. 1, 26 Stat. 914, related to contracts for horses and mail wagons for House of Representatives. ------DocID 7263 Document 356 of 1400------ -CITE- 2 USC Sec. 100 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 100. Contracts for packing boxes for House -STATUTE- Packing boxes for the use of the House of Representatives shall be procured after advertisement for proposals therefor, under specifications to be prepared by the Clerk of the House, and from the lowest and best bidder to furnish the same. -SOURCE- (Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 967.) ------DocID 7264 Document 357 of 1400------ -CITE- 2 USC Sec. 101 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 101. Subletting duties of employees of Senate or House -STATUTE- No employee of Congress, either in the Senate or House, shall sublet to, or hire, another to do or perform any part of the duties or work attached to the position to which he was appointed. -SOURCE- (Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat. 771.) -CROSS- CROSS REFERENCES Requiring or permitting employees of House to sublet duties, see section 87 of this title. ------DocID 7265 Document 358 of 1400------ -CITE- 2 USC Sec. 102 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 102. Omitted -COD- CODIFICATION Section, R.S. Sec. 60, 61; Pub. L. 86-628, Sec. 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 section 104a of this title. ------DocID 7266 Document 359 of 1400------ -CITE- 2 USC Sec. 102a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 102a. Withdrawal of unexpended balances of appropriations -STATUTE- Notwithstanding the provisions of any other law, the unexpended balances of appropriations for the fiscal year 1955 and succeeding fiscal years which are subject to disbursement by the Secretary of the Senate or the Clerk of the House of Representatives shall be withdrawn as of June 30 of the second fiscal year following the year for which provided, except that the unexpended balances of such appropriations for the period commencing on July 1, 1976, and ending on September 30, 1976, and for each fiscal year beginning on or after October 1, 1976, shall be withdrawn as of September 30 of the second fiscal year following the period or year for which provided. Unpaid obligations chargeable to any of the balances so withdrawn or appropriations for prior years shall be liquidated from any appropriations for the same general purpose, which, at the time of payment, are available for disbursement. -SOURCE- (Pub. L. 85-58, ch. XI, June 21, 1957, 71 Stat. 190; Pub. L. 94-303, title I, Sec. 118(a), June 1, 1976, 90 Stat. 615.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-303 provided that unexpended balances for period commencing July 1, 1976, and ending Sept. 30, 1976, and for each fiscal year beginning on or after Oct. 1, 1976, be withdrawn as of Sept. 30 of second fiscal year following period or year for which provided. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 188b-6. ------DocID 7267 Document 360 of 1400------ -CITE- 2 USC Sec. 103, 104 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 103, 104. Omitted -COD- CODIFICATION Section 103, R.S. Sec. 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 section 104a of this title. Section 104, R.S. Sec. 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 section 104a of this title. ------DocID 7268 Document 361 of 1400------ -CITE- 2 USC Sec. 104a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 104a. Semiannual statements of expenditures by Secretary of Senate and Clerk of House -STATUTE- (1) Commencing with the semiannual period beginning on July 1, 1964, and ending on December 31, 1964, and for each semiannual period thereafter, the Secretary of the Senate and the Clerk of the House of Representatives shall compile, and, not later than sixty days following the close of the semiannual period, submit to the Senate and House of Representatives, respectively, and make available to the public, in lieu of the reports and information required by sections 102, 103, and 104 of this title, and S. Res. 139, Eighty-sixth Congress, a report containing a detailed statement, by items, of the manner in which appropriations and other funds available for disbursement by the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, have been expended during the semiannual period covered by the report, including (1) the name of every person to whom any part of such appropriation has been paid, (2) if for anything furnished, the quantity and price thereof, (3) if for services rendered, the nature of the services, the time employed, and the name, title, and specific amount paid to each person, and (4) a complete statement of all amounts appropriated, received, or expended, and any unexpended balances. Such reports shall include the information contained in statements of accountability and supporting vouchers submitted to the General Accounting Office pursuant to the provisions of section 3523(a) of title 31. Notwithstanding the foregoing provisions of this section, in any case in which the voucher or vouchers covering payment to any person for attendance as a witness before any committee of the Senate or House of Representatives, or any subcommittee thereof, during any semiannual period, indicate that all appearances of such person covered by such voucher or vouchers were as a witness in executive session of the committee or subcommittee, information regarding such payment, except for date of payment, voucher number, and amount paid, shall not be included in the report compiled pursuant to this subsection for such semiannual period. Any information excluded from a report for any semiannual period by reason of the foregoing sentence shall be included in the report compiled pursuant to this section for the succeeding semiannual period. Reports required to be submitted to the Senate and the House of Representatives under this section shall be printed as Senate and House documents, respectively. (2) The report by the Secretary of the Senate under paragraph (1) for the semiannual period beginning on January 1, 1976, shall include the period beginning on July 1, 1976, and ending on September 30, 1976, and such semiannual period shall be treated as closing on September 30, 1976. Thereafter, the report by the Secretary of the Senate under paragraph (1) shall be for the semiannual periods beginning on October 1 and ending on March 31 and beginning on April 1 and ending on September 30 of each year. -SOURCE- (Pub. L. 88-454, Sec. 105(a), Aug. 20, 1964, 78 Stat. 550; Pub. L. 88-656, Oct. 13, 1964, 78 Stat. 1088; Pub. L. 94-303, title I, Sec. 118(b)(1), June 1, 1976, 90 Stat. 615.) -REFTEXT- REFERENCES IN TEXT Sections 102, 103, and 104 of this title, referred to in text, were omitted from the Code. -COD- CODIFICATION In par. (1), 'section 3523(a) of title 31' substituted for 'section 117(a) of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 67(a))' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section is based on the first paragraph of section 105 (a) of Pub. L. 88-454. Remainder of section 105(a) was classified to section 67 of former Title 31, which was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted as section 3523 of Title 31, Money and Finance. -MISC3- AMENDMENTS 1976 - Pub. L. 94-303 designated existing provisions as par. (1) and added par. (2). 1964 - Pub. L. 88-656 provided that information regarding persons paid by voucher for appearances as a witness before any committee of Congress in executive session shall not be included in semiannual report except for date of payment, voucher number, and amount paid, however, any information so excluded shall be included in next succeeding semiannual period. ------DocID 7269 Document 362 of 1400------ -CITE- 2 USC Sec. 105 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 105. Preparation and contents of statement of appropriations -STATUTE- The statement of all appropriations made during each session of Congress shall be prepared under the direction of the Committees on Appropriations of the Senate and House of Representatives, and said statement shall contain a chronological history of the regular appropriation bills passed during the session for which it is prepared. The statement shall indicate the amount of contracts authorized by appropriation Acts in addition to appropriations made therein, and shall also contain specific reference to all indefinite appropriations made each session and shall contain such additional information concerning estimates and appropriations as the committees may deem necessary. -SOURCE- (Oct. 19, 1888, ch. 1210, Sec. 1, 25 Stat. 587; July 19, 1897, ch. 9, 30 Stat. 136; June 7, 1924, ch. 303, Sec. 1, 43 Stat. 586.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 44 section 725. ------DocID 7270 Document 363 of 1400------ -CITE- 2 USC Sec. 106 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 106. Stationery for Senate and House; advertisements for -STATUTE- The Secretary of the Senate and Clerk of the House of Representatives shall annually advertise, once a week for at least four weeks, in one or more of the principal papers published in the District of Columbia, for sealed proposals for supplying the Senate and House of Representatives, respectively, during the next session of Congress with the necessary stationery. The advertisement must describe the kind of stationery required, and must require the proposals to be accompanied with sufficient security for their performance. -SOURCE- (R.S. Sec. 65, 66; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 316.) -COD- CODIFICATION R.S. Sec. 65, 66 derived from Res. Mar. 3, 1815, No. 11, 3 Stat. 249. First sentence of section is based on R.S. Sec. 65; second sentence of section is based on R.S. Sec. 66. -CROSS- CROSS REFERENCES Stationery allowances for Senators, Representatives, etc., see sections 46a and 46b of this title. Stationery for Senate and House may be purchased from Public Printer at cost, see section 110 of this title. Stationery required for official use of Senate and House to be furnished by Public Printer upon requisition, see section 734 of Title 44, Public Printing and Documents. Supplies for Senate and House may be purchased in accordance with schedule of contract articles and price of Administrator of General Services, see section 111 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 108, 112 of this title. ------DocID 7271 Document 364 of 1400------ -CITE- 2 USC Sec. 107 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 107. Opening bids for Senate and House stationery; awarding contracts -STATUTE- All such proposals shall be kept sealed until the day specified in such advertisement for opening the same, when the same shall be opened in the presence of at least two persons, and the contract shall be given to the lowest bidder, provided he shall give satisfactory security to perform the same, under a forfeiture not exceeding double the contract price in case of failure; and in case the lowest bidder shall fail to enter into such contract and give such security, within a time to be fixed in such advertisement, then the contract shall be given to the next lowest bidder, who shall enter into such contract, and give such security. And in case of failure by the person entering into such contract to perform the same, he and his sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for in the name of the United States. -SOURCE- (R.S. Sec. 67; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 316.) -COD- CODIFICATION R.S. Sec. 67 derived from Res. Mar. 3, 1815, No. 11, 3 Stat. 249. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 108, 112 of this title. ------DocID 7272 Document 365 of 1400------ -CITE- 2 USC Sec. 108 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 108. Contracts for separate parts of Senate and House stationery -STATUTE- Sections 106 and 107 of this title shall not prevent either the Secretary or the Clerk from contracting for separate parts of the supplies of stationery required to be furnished. -SOURCE- (R.S. Sec. 68.) -COD- CODIFICATION R.S. Sec. 68 derived from Res. Mar. 3, 1815, No. 11, 3 Stat. 249. -CROSS- CROSS REFERENCES Stationery for Senate and House may be purchased from Public Printer at cost, see section 110 of this title. Stationery required for official use of Senate and House to be furnished by Public Printer upon requisition, see section 734 of Title 44, Public Printing and Documents. Supplies for Senate and House may be purchased in accordance with schedule of contract articles and price of Administrator of General Services, see section 111 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 112 of this title. ------DocID 7273 Document 366 of 1400------ -CITE- 2 USC Sec. 109 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 109. American goods to be preferred in purchases for Senate and House -STATUTE- The Secretary of the Senate and the Clerk of the House of Representatives shall, in disbursing the public moneys for the use of the two Houses, respectively, purchase only articles the growth and manufacture of the United States, provided the articles required can be procured of such growth and manufacture upon as good terms as to quality and price as are demanded for like articles of foreign growth and manufacture. -SOURCE- (R.S. Sec. 69.) -COD- CODIFICATION R.S. Sec. 69 derived from act June 17, 1844, ch. 105, Sec. 1, 5 Stat. 681. -CROSS- CROSS REFERENCES American materials required for public use, see section 10a of Title 41, Public Contracts. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 112 of this title. ------DocID 7274 Document 367 of 1400------ -CITE- 2 USC Sec. 110 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 110. Purchase of paper, envelopes, etc., for stationery rooms of Senate and House -STATUTE- Paper, envelopes, and blank books required by the stationery rooms of the Senate and House of Representatives for sale to Senators and Members for official use may be purchased from the Public Printer at actual cost thereof and payment therefor shall be made before delivery. -SOURCE- (June 5, 1920, ch. 253, Sec. 1, 41 Stat. 1036.) ------DocID 7275 Document 368 of 1400------ -CITE- 2 USC Sec. 111 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 111. Purchase of supplies for Senate and House -STATUTE- Supplies for use of the Senate and the House of Representatives may be purchased in accordance with the schedule of contract articles and prices of the Administrator of General Services. -SOURCE- (June 5, 1920, ch. 253, Sec. 1, 41 Stat. 1036; Ex. Ord. No. 6166, June 10, 1933, Sec. 1; June 30, 1949, ch. 288, title I, Sec. 102, 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Bureau of Federal Supply and its functions and duties transferred to Administrator of General Services by act June 30, 1949. Effective Jan. 1, 1947, Procurement Division of Treasury Department changed to Bureau of Federal Supply by former regulation Sec. 5.7 of subpart A of Part 5 of Title 41, Public Contracts, 11 F.R. 13638, issued by the Secretary of the Treasury. Ex. Ord. No. 6166, abolished General Supply Committee of Treasury Department and vested it in Procurement Division. Public Buildings Branch of Procurement Division was in turn changed to Public Buildings Administration to be within Federal Works Agency by Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427. ------DocID 7276 Document 369 of 1400------ -CITE- 2 USC Sec. 111a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 111a. Receipts from sales of items by Sergeant at Arms and Doorkeeper of Senate, to Senators, etc., to be credited to appropriation from which purchased -STATUTE- In any case in which appropriated funds are used by a Senator or a committee or office of the Senate to purchase from the Sergeant at Arms and Doorkeeper of the Senate items which were purchased by him from the appropriation for 'miscellaneous items' under 'Contingent Expenses of the Senate' in any appropriation Act, the amounts received by the Sergeant at Arms and Doorkeeper shall be deposited in the Treasury of the United States for credit to such appropriation. This section does not apply to amounts received from the sale of used or surplus furniture and equipment. -SOURCE- (Pub. L. 96-214, Mar. 24, 1980, 94 Stat. 122.) ------DocID 7277 Document 370 of 1400------ -CITE- 2 USC Sec. 111b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 111b. Contracts to furnish property, supplies, or services to Congress; terms varying from those offered other entities of Federal Government -STATUTE- Notwithstanding any provision to the contrary in any contract which is entered into by any person and either the Administrator of General Services or a contracting officer of any executive agency and under which such person agrees to sell or lease to the Federal Government (or any one or more entities thereof) any unit of property, supplies, or services at a specified price or under specified terms and conditions (or both), such person may sell or lease to the Congress the same type of such property, supplies, or services at a unit price or under terms and conditions (or both) which are different from those specified in such contract; and any such sale or lease of any unit or units of such property, supplies, or services to the Congress shall not be taken into account for the purpose of determining the price at which, or the terms and conditions under which, such person is obligated under such contract to sell or lease any unit of such property, supplies, or services to any entity of the Federal Government other than the Congress. For purposes of the preceding sentence, any sale or lease of property, supplies, or services to the Senate (or any office or instrumentality thereof) or to the House of Representatives (or any office or instrumentality thereof) shall be deemed to be a sale or lease of such property, supplies, or services to the Congress. -SOURCE- (Pub. L. 98-63, title I, Sec. 903(a), July 30, 1983, 97 Stat. 336.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1983. -MISC3- EFFECTIVE DATE Section 903(b) of Pub. L. 98-63 provided that: 'The provisions of this section (enacting this section) shall take effect with respect to sales or leases of property, supplies, or services to the Congress after the date of enactment of this section (July 30, 1983).' SALE OR LEASE OF PROPERTY, SUPPLIES, OR SERVICES TO CONGRESSIONAL BUDGET OFFICE DEEMED SALE OR LEASE TO CONGRESS Sale or lease of property, supplies, or services to the Congressional Budget Office deemed a sale or lease of such property, supplies, or services to the Congress, see section 605 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 605 of this title. ------DocID 7278 Document 371 of 1400------ -CITE- 2 USC Sec. 112 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 112. Purchases of stationery and materials for folding -STATUTE- Purchases of stationery and materials for folding shall be made in accordance with sections 106 to 109 of this title. All contracts and bonds for purchases made under the authority of this section shall be filed with the Committee on Rules and Administration of the Senate or the Committee on House Administration of the House of Representatives respectively. -SOURCE- (Mar. 3, 1887, ch. 392, Sec. 1, 24 Stat. 596; Aug. 2, 1946 ch. 753, Sec. 102, 121, 60 Stat. 814, 822.) -MISC1- AMENDMENTS 1946 - Act Aug. 2, 1946, substituted 'Committee on Rules and Administration' of the Senate and the 'Committee on House Administration' of the House of Representatives for the 'Committee to Audit and Control the Contingent Expenses' and the 'Committee on Accounts', respectively. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that the amendment made by that act is effective Jan. 2, 1947. ------DocID 7279 Document 372 of 1400------ -CITE- 2 USC Sec. 112a to 112d -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 112a to 112d. Repealed. Pub. L. 91-139, Sec. 2(a), Dec. 5, 1969, 83 Stat. 291 -MISC1- For subject matter of former sections 112a to 112d of this title, see section 112e of this title. Section 112a, acts Mar. 25, 1953, ch. 10, Sec. 1, 67 Stat. 7; Mar. 25, 1955, ch. 15, Sec. 1, 2, 69 Stat. 13; Feb. 25, 1956, ch. 72, Sec. 1, 70 Stat. 30; July 26, 1961, Pub. L. 87-107, Sec. 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, Sec. 2, as added Feb. 25, 1956, ch. 72, Sec. 2, 70 Stat. 31, and amended July 26, 1961, Pub. L. 87-107, Sec. 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, Sec. 3, as added Feb. 25, 1956, ch. 72, Sec. 2, 70 Stat. 31, provided for payment for equipment supplied. Section 112b, act Mar. 25, 1953, ch. 10, Sec. 4, formerly Sec. 2, 67 Stat. 8, renumbered Sec. 4, Feb. 25, 1956, ch. 72, Sec. 2, 70 Stat. 31, provided for registration and ownership of equipment supplied. Section 112c, act Mar. 25, 1953, ch. 10, Sec. 6, formerly Sec. 4, 67 Stat. 8, renumbered Sec. 6, Feb. 25, 1956, ch. 72, Sec. 2, 70 Stat. 31, defined 'Member'. Section 112d, act Mar. 25, 1953, ch. 10, Sec. 7, formerly Sec. 5, 67 Stat. 8, renumbered Sec. 7, Feb. 25, 1956, ch. 72, Sec. 2, 70 Stat. 31, related to the issuance of rules and regulations. 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 112e of this title. SAVINGS PROVISION Section 2(b) of Pub. L. 91-139 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 112e 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 112e of this title).' ------DocID 7280 Document 373 of 1400------ -CITE- 2 USC Sec. 112e -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 112e. Electrical and mechanical office equipment for House Members, officers, and committees -STATUTE- (a) Authority of Clerk At the request of any Member, officer, or committee of the House of Representatives, or the Resident Commissioner from Puerto Rico, and with the approval of the Committee on House Administration, but subject to the limitations prescribed by this Act, the Clerk of the House shall furnish electrical and mechanical office equipment for use in the office of that Member, Resident Commissioner, officer, or committee. Office equipment so furnished is limited to equipment of those types and categories which the Committee on House Administration shall prescribe. (b) Registration and ownership Office equipment furnished under this section shall be registered in the office of the Clerk of the House of Representatives and shall remain the property of the House of Representatives. (c) Payment The cost of office equipment furnished under this section shall be paid from the contingent fund of the House of Representatives. (d) Rules and regulations The Committee on House Administration shall prescribe such regulations as it considers necessary to carry out the purposes of this section. The regulations shall limit, on such basis as the committee considers appropriate, the total value of office equipment, with allowance for equipment depreciation, which may be in use at any one time in the office of a Member or the Resident Commissioner. -SOURCE- (Pub. L. 91-139, Sec. 1, Dec. 5, 1969, 83 Stat. 291.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 91-139, Dec. 5, 1969, 83 Stat. 291, which is classified generally to this section. For complete classification of this Act to the Code, see Tables. -MISC2- EFFECTIVE DATE Section 3 of Pub. L. 91-139 provided that: 'This Act (enacting this section and provisions set out as notes under this section and sections 112a to 112d of this title, and repealing sections 112a to 112d of this title) shall become effective at the beginning of the first calendar month which commences on or after the date of enactment of this Act (Dec. 5, 1969).' -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 7281 Document 374 of 1400------ -CITE- 2 USC Sec. 113 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 113. Detailed reports of receipts and expenditures by Secretary of Senate and Clerk of House -STATUTE- The Secretary of the Senate and the Clerk of the House of Representatives, respectively, shall report to Congress on the first day of each regular session, and at the expiration of their terms of service, a full and complete statement of all their receipts and expenditures as such officers, showing in detail the items of expense, classifying them under the proper appropriations, and also showing the aggregate thereof, and exhibiting in a clear and concise manner the exact condition of all public moneys by them received, paid out, and remaining in their possession as such officers. -SOURCE- (R.S. Sec. 70.) -COD- CODIFICATION R.S. Sec. 70 derived from act July 15, 1870, ch. 302, Sec. 1, 16 Stat. 365. ------DocID 7282 Document 375 of 1400------ -CITE- 2 USC Sec. 114 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 114. Fees for copies from Senate and House Journals -STATUTE- The Secretary of the Senate and the Clerk of the House of Representatives, respectively, are entitled, for transcribing and certifying extracts from the Journal of the Senate or the executive Journal of the Senate when the injunction of secrecy has been removed, or from the Journal of the House of Representatives, except when such transcripts are required by an officer of the United States in a matter relating to the duties of his office, to receive from the persons for whom such transcripts are prepared the sum of 10 cents for each sheet containing one hundred words. -SOURCE- (R.S. Sec. 71.) -COD- CODIFICATION R.S. Sec. 71 derived from acts Sept. 15, 1789, ch. 14, Sec. 6, 1 Stat. 69; Aug. 8, 1846, ch. 107, Sec. 2, 9 Stat. 80; and Apr. 23, 1856, ch. 20, 11 Stat. 5. ------DocID 7283 Document 376 of 1400------ -CITE- 2 USC Sec. 115 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 115. Index to House daily calendar -STATUTE- The index to the daily calendar of business of the House of Representatives shall be printed only on Monday of each week. -SOURCE- (Mar. 1, 1921, ch. 89, Sec. 1, 41 Stat. 1181.) ------DocID 7284 Document 377 of 1400------ -CITE- 2 USC Sec. 116 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 116. Repealed. May 29, 1928, ch. 901, Sec. 1, 45 Stat. 995 -MISC1- Section, R.S. Sec. 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. ------DocID 7285 Document 378 of 1400------ -CITE- 2 USC Sec. 117 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 117. Sale of waste paper and condemned furniture -STATUTE- It shall be the duty of the Clerk and Doorkeeper of the House of Representatives and the Secretary and Sergeant at Arms of the Senate to cause to be sold all waste paper and useless documents and condemned furniture that may accumulate, in their respective departments or offices, under the direction of the Committee on House Administration and the Committee on Rules and Administration of their respective houses and cover the proceeds thereof into the Treasury. -SOURCE- (Aug. 7, 1882, ch. 433, Sec. 1, 22 Stat. 337; May 29, 1928, ch. 901, Sec. 1(122), 45 Stat. 995; Aug. 2, 1946, ch. 753, title I, Sec. 102, 121, 60 Stat. 814, 822.) -MISC1- AMENDMENTS 1946 - Act Aug. 2, 1946, substituted 'Committee on House Administration and the Committee on Rules and Administration' for 'Committee on Accounts'. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that the amendment made by that act is effective Jan. 2, 1947. REPORT ON SALES DISCONTINUED Par. 122 of act May 29, 1928, provided for the discontinuance of reports on waste paper, etc., as follows: '122. Reports by the Clerk and Doorkeeper of the House and the Secretary and Sergeant at Arms of the Senate of the sales of waste paper and useless documents and condemned furniture, and so forth.' ------DocID 7286 Document 379 of 1400------ -CITE- 2 USC Sec. 117a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 117a. Omitted -COD- 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. ------DocID 7287 Document 380 of 1400------ -CITE- 2 USC Sec. 117b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 117b. Disposal of used or surplus furniture and equipment by Sergeant at Arms and Doorkeeper of Senate; procedure; deposit of receipts -STATUTE- Effective October 1, 1981, the Sergeant at Arms and Doorkeeper of the Senate is authorized to dispose of used or surplus furniture and equipment by trade-in or by sale directly or through the General Services Administration. Receipts from the sale of such furniture and equipment shall be deposited in the United States Treasury for credit to the appropriation for 'Miscellaneous Items' under the heading 'Contingent Expenses of the Senate'. -SOURCE- (Pub. L. 95-94, title I, Sec. 103, Aug. 5, 1977, 91 Stat. 660; Pub. L. 97-51, Sec. 118, Oct. 1, 1981, 95 Stat. 964.) -COD- CODIFICATION Section was formerly classified to section 59c of this title. Section is from the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978. -MISC3- AMENDMENTS 1981 - Pub. L. 97-51 substituted 'Effective October 1, 1981' for 'Effective October 1, 1977' and struck out provisions requiring that all receipts from the sale of furniture and equipment, other than such furniture and equipment as was replaced in kind, be deposited in the United States Treasury as miscellaneous receipts. ------DocID 7288 Document 381 of 1400------ -CITE- 2 USC Sec. 117b-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 117b-1. Receipts from sale of used or surplus furniture and furnishings of Senate -STATUTE- On and after October 1, 1982, receipts from the sale of used or surplus furniture and furnishings shall be deposited in the United States Treasury for credit to the appropriation for 'Senate Office Buildings' under the heading 'Architect of the Capitol.' -SOURCE- (Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189.) -COD- CODIFICATION Section is based on title I (2d proviso under 'Senate Office Buildings') of S. 2939, as reported Sept. 22, 1982, which was enacted into law by Pub. L. 97-276. Section was formerly classified to section 170a of Title 40, Public Buildings, Property, and Works. ------DocID 7289 Document 382 of 1400------ -CITE- 2 USC Sec. 117c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 117c. Disposal of used or surplus automobiles and trucks by Sergeant at Arms and Doorkeeper of Senate; procedure; deposit of receipts -STATUTE- On and after October 1, 1982, the Sergeant at Arms and Doorkeeper of the Senate is authorized to dispose of used or surplus automobiles and trucks by trade-in or by sale through the General Services Administration. Receipts from the sale of such automobiles and trucks shall be deposited in the United States Treasury for credit to the appropriation for 'Automobiles and Maintenance' under the heading 'Contingent Expenses of the Senate'. -SOURCE- (Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189.) -COD- CODIFICATION Section is based on section 102 of S. 2939, Ninety-seventh 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. ------DocID 7290 Document 383 of 1400------ -CITE- 2 USC Sec. 117d -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 117d. Reimbursements to Sergeant at Arms and Doorkeeper of Senate for equipment provided to Senators, etc., which has been lost, stolen, damaged, or otherwise unaccounted for; deposit of receipts -STATUTE- The Sergeant at Arms and Doorkeeper of the Senate shall deposit in the United States Treasury for credit to the appropriation account, within the contingent fund of the Senate, for the 'Sergeant at Arms and Doorkeeper of the Senate', all moneys received by him as reimbursement for equipment provided to Senators, committee chairmen, and other officers and employees of the Senate, which has been lost, stolen, damaged, or otherwise unaccounted for. -SOURCE- (Pub. L. 98-367, title I, Sec. 5, July 17, 1984, 98 Stat. 475.) -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1985, which is title I of the Legislative Branch Appropriations Act, 1985. ------DocID 7291 Document 384 of 1400------ -CITE- 2 USC Sec. 117e -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 117e. Disposal of used or surplus furniture and equipment by Clerk of House; procedure; deposit of receipts -STATUTE- (1) The Clerk of the House of Representatives may dispose of used equipment of the House of Representatives, by trade-in or sale, directly or through the General Services Administration. Any direct disposal under the preceding sentence shall be in accordance with normal business practice and shall be at fair market value. Receipts from disposals under the first sentence of this section (together with receipts from sale of transcripts, waste paper and other items provided by law, and receipts for missing or damaged equipment) shall be deposited in the Treasury for credit to the appropriate account under the appropriation for 'allowances and expenses' under the heading 'Contingent Expenses of the House', and shall be available for expenditure in accordance with applicable law. (2) If disposal in accordance with paragraph (1) is not feasible because of age, location, condition, or any other relevant factor, the Clerk may donate the equipment to the government of a State, to a local government, or to an organization that is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of title 26. A donation under this paragraph - (A) shall be at no cost to the Government; and (B) may be made only if the used equipment has no recoverable value because disposal in accordance with paragraph (1), under the most favorable terms available to the Government, would result in a loss to the Government. (3) The Committee on House Administration of the House of Representatives shall have authority to prescribe regulations to carry out this subsection. (4) As used in this section - (A) the term 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States; and (B) the term 'used equipment' means such used or surplus equipment (including furniture and motor vehicles) as the Committee on House Administration of the House of Representatives may prescribe by regulation. -SOURCE- (Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 100 Stat. 3341-287; Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425; Pub. L. 101-163, title I, Sec. 103(a), Nov. 21, 1989, 103 Stat. 1049.) -COD- CODIFICATION Section is based on section 104(a) of title I of 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 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law. Pub. L. 99-591 is a corrected version of Pub. L. 99-500. -MISC3- AMENDMENTS 1989 - Par. (1). Pub. L. 101-163, Sec. 103(a)(1), (2), designated existing provisions as par. (1) and struck out at end 'As used in this section, the term 'used equipment' means such used or surplus equipment (including furniture and motor vehicles) as the Committee on House Administration of the House of Representatives may prescribe by regulation.' Pars. (2) to (4). Pub. L. 101-163, Sec. 103(a)(3), added pars. (2) to (4). EFFECTIVE DATE OF 1989 AMENDMENT Section 103(c) of Pub. L. 101-163 provided that: 'The amendments made by subsection (a) (amending this section) and the repeal made by subsection (b) (repealing section 59a of this title) shall take effect on October 1, 1989.' EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100-71 provided that the amendment made by Pub. L. 100-71 is effective Oct. 18, 1986. EFFECTIVE DATE Section 104(c) of title I of 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 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law, provided that: 'This section and the amendment made by this section (enacting section 117e of this title and amending section 84b of this title) shall take effect on October 1, 1986.' ------DocID 7292 Document 385 of 1400------ -CITE- 2 USC Sec. 117f -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 117f. Commissions and charges for public telephone or telecommunications services; deposit of receipts -STATUTE- (a) Authority of Clerk to receive commissions for providing public telephone service in House occupied areas Effective October 1, 1988, the Clerk of the House of Representatives is authorized to receive commissions for providing public telephone service in space occupied by the United States House of Representatives. (b) Authority of Clerk to receive legislative branch charges for provision of telephone or telecommunications services; exception The Clerk is authorized to receive for deposit, amounts charged to any legislative branch entity, including but not limited to Legislative Service Organizations, the Congressional Budget Office and the Architect of the Capitol, for the provision of telephone or telecommunications services: Provided, That no amounts charged to the official expense allowances of Members of the House shall be deposited in accordance with this section. (c) Deposit of receipts; availability for expenditure Receipts from the commissions and charges set forth in subsections (a) and (b) of this section shall be deposited in the United States Treasury for credit to the appropriation for 'Salaries and Expenses of the United States House of Representatives', and shall be available for expenditure upon the approval of the Committee on Appropriations of the House of Representatives. -SOURCE- (Pub. L. 100-458, title III, Sec. 306, Oct. 1, 1988, 102 Stat. 2182.) -COD- CODIFICATION Section is from the Legislative Branch Appropriations Act, 1989. ------DocID 7293 Document 386 of 1400------ -CITE- 2 USC Sec. 118 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 118. Actions against officers for official acts -STATUTE- In any action brought against any person for or on account of anything done by him while an officer of either House of Congress in the discharge of his official duty, in executing any order of such House, the United States attorney for the district within which the action is brought, on being thereto requested by the officer sued, shall enter an appearance in behalf of such officer; and all provisions of the eighth section of the Act of July 28, 1866, entitled 'An Act to protect the revenue, and for other purposes', and also all provisions of the sections of former Acts therein referred to, so far as the same relate to the removal of suits, the withholding of executions, and the paying of judgments against revenue or other officers of the United States, shall become applicable to such action and to all proceedings and matters whatsoever connected therewith, and the defense of such action shall thenceforth be conducted under the supervision and direction of the Attorney General. -SOURCE- (Mar. 3, 1875, ch. 130, Sec. 8, 18 Stat. 401; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.) -REFTEXT- REFERENCES IN TEXT The provisions of section 8 of act July 28, 1866, ch. 298, 14 Stat. 329, referred to in text, were contained generally in R.S. Sec. 643, which was incorporated in the former Judicial Code, Sec. 33, and was repealed by act June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992. See sections 1442, 1446, and 1447 of Title 28, Judiciary and Judicial Procedure. Other provisions referred to were contained in R.S. Sec. 771, 989, which were also repealed by act June 25, 1948. See sections 509, 547, and 2006, respectively, of Title 28. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted 'United States attorney' for 'district attorney'. See section 541 of Title 28, Judiciary and Judicial Procedure. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Judgment against certain public officers, satisfaction of, see rule 69, Title 28, Appendix, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 118a of this title. ------DocID 7294 Document 387 of 1400------ -CITE- 2 USC Sec. 118a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 118a. Officers of Senate -STATUTE- Section 118 of this title shall not apply to officers of the Senate. -SOURCE- (Pub. L. 95-521, title VII, Sec. 714(d), Oct. 26, 1978, 92 Stat. 1884.) -MISC1- 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. ------DocID 7295 Document 388 of 1400------ -CITE- 2 USC Sec. 119 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 119. Stationery rooms of House and Senate; specification of classes of articles purchasable -STATUTE- The Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, respectively, shall make and issue regulations specifying the classes of articles which may be purchased by or through the stationery rooms of the House and Senate. -SOURCE- (May 13, 1926, ch. 294, Sec. 2, 44 Stat. 552; Aug. 2, 1946, ch. 753, title I, Sec. 102, 121, 60 Stat. 814, 822.) -MISC1- AMENDMENTS 1946 - Act Aug. 2, 1946, substituted 'Committee on House Administration' and 'Committee on Rules and Administration' for 'Committee on Accounts' and 'Committee to Audit and Control the Contingent Expenses', respectively. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that the amendment made by that act is effective Jan. 2, 1947. ------DocID 7296 Document 389 of 1400------ -CITE- 2 USC Sec. 119a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 119a. Repealed. Pub. L. 90-620, Sec. 3, Oct. 22, 1968, 82 Stat. 1309 -MISC1- 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. ------DocID 7297 Document 390 of 1400------ -CITE- 2 USC Sec. 120 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 120. Omitted -COD- CODIFICATION Section, act Feb. 23, 1927, ch. 168, Sec. 1, 44 Stat. 1150, changed the name of 'clerk to Speaker's table' to 'parliamentarian' and was omitted as executed. ------DocID 7298 Document 391 of 1400------ -CITE- 2 USC Sec. 121 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 121. Senate restaurant deficit fund; deposit of proceeds from surcharge on orders -STATUTE- The Committee on Rules and Administration of the United States Senate is authorized and directed hereafter to add a minimum of 10 per centum to each order in excess of 10 cents served in the Senate restaurants and 20 per centum to all orders served outside of said restaurants, and the proceeds accruing therefrom shall be placed in a fund to be used in the payment of any deficit incurred in the management of such kitchens and restaurants. -SOURCE- (May 18, 1937, ch. 223, Sec. 1, 50 Stat. 173; Aug. 2, 1946, ch. 753, title I, Sec. 102, 60 Stat. 814.) -MISC1- AMENDMENTS 1946 - Act Aug. 2, 1946, substituted 'Committee on Rules and Administration' for 'Committee on Rules'. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that the amendment made by that act is effective Jan. 2, 1947. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 5363. ------DocID 7299 Document 392 of 1400------ -CITE- 2 USC Sec. 121a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 121a. Senate Barber and Beauty Shops Revolving Fund -STATUTE- (a) Establishment There is hereby established in the Treasury of the United States a revolving fund within the contingent fund of the Senate to be known as the Senate Barber and Beauty Shops Revolving Fund (hereafter in this section referred to as the 'revolving fund'). (b) Deposit of moneys received; disbursements for equipment, supplies, and expenses All moneys received by the Senate Barber Shop and the Senate Beauty Shop from fees for services or from any other source shall be deposited to the credit of the revolving fund. Moneys in the revolving fund shall be available without fiscal year limitation for disbursement by the Secretary of the Senate for necessary equipment, supplies, and expenses of the Senate Barber and Beauty Shops. (c) Deposit as miscellaneous receipts of excess moneys in fund On or before December 31 of each year, the Secretary of the Senate shall withdraw from the revolving fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in excess of $10,000 in the revolving fund at the close of the preceding fiscal year. (d) Disbursements upon vouchers Disbursements from the revolving fund shall be made upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate. (e) Regulations The Sergeant at Arms and Doorkeeper of the Senate is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. -SOURCE- (Pub. L. 94-440, title I, Sec. 106, Oct. 1, 1976, 90 Stat. 1444; Pub. L. 95-26, title I, Sec. 107(a), May 4, 1977, 91 Stat. 85; Pub. L. 100-458, title I, Sec. 10(b), Oct. 1, 1988, 102 Stat. 2162.) -MISC1- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-458, Sec. 10(b)(1), substituted 'Senate Barber and Beauty Shops Revolving Fund' for 'Senate Barber Shops Revolving Fund'. Subsec. (b). Pub. L. 100-458, Sec. 10(b)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'All moneys received by the Senate barber shops from fees for services or from any other source shall be deposited to the credit of the revolving fund. Moneys in the revolving fund shall be available without fiscal year limitation for disbursement by the Secretary of the Senate for necessary supplies and expenses of the Senate barber shops.' 1977 - Subsec. (a). Pub. L. 95-26 substituted 'Senate Barber Shops Revolving Fund' for 'Senate Employees Barber Shop Revolving Fund'. Subsec. (b). Pub. L. 95-26 substituted 'Senate barber shops' for 'Senate employees barber shop' and 'for necessary supplies and expenses of the Senate barber shops' for 'for additional compensation of personnel of the Senate employees barber shop, as determined by the Sergeant at Arms and Doorkeeper of the Senate, and for necessary supplies for the Senate employees barber shop'. Subsec. (c). Pub. L. 95-26 substituted 'all moneys in excess of $10,000 in the revolving fund at the close of the preceding fiscal year' for 'an amount equal to the amount in the revolving fund at the close of the preceding fiscal year, reduced by the amount of outlays from the revolving fund after the close of such year attributable to obligations incurred during such year'. Subsecs. (d), (e). Pub. L. 95-26 reenacted subsecs. (d) and (e) without change. Subsec. (f). Pub. L. 95-26 struck out subsec. (f) which provided that the section, as originally enacted by Pub. L. 94-440, was effective Oct. 1, 1976. EFFECTIVE DATE OF 1977 AMENDMENT Section 107(b) of Pub. L. 95-26 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect on April 1, 1977.' ------DocID 7300 Document 393 of 1400------ -CITE- 2 USC Sec. 121b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 121b. Senate Beauty Shop -STATUTE- (a) Employment and compensation of personnel The Sergeant at Arms and Doorkeeper of the Senate is authorized to employ, and fix the compensation of such employees as he determines necessary to operate the Senate Beauty Shop. (b) Omitted (c) Creditable civilian service in Senate Building Beauty Shop for basic annuity Any individual who, on October 1, 1988, is an employee of the Senate Building Beauty Shop and who, after having been employed by the Sergeant at Arms and Doorkeeper pursuant to subsection (a) of this section, attains 5 years of civilian service creditable under section 8411 of title 5, other than service credited pursuant to subsection (d) of this section, may be credited under such section for any service as an employee of the Senate Building Beauty Shop prior to October 1, 1988, if such employee makes a payment of the amount, determined by the Office of Personnel Management, that would have been deducted and withheld from the basic pay of such employee under section 8422 of title 5 for such period so credited, together with interest thereon. (d) Creditable civilian service in Senate Building Beauty Shop for survivor annuities and disability benefits Notwithstanding any other provision of this section, any service performed by an individual in the Senate Building Beauty Shop prior to October 1, 1988, 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 title 5, if such individual - (1) on October 1, 1988, is an employee of the Senate Building Beauty Shop; (2) on or after October 1, 1988, is employed by the Sergeant at Arms and Doorkeeper pursuant to subsection (a) of this section; and (3) payment is made of an amount, determined by the Office of Personnel Management, which would have been deducted and withheld from the basic pay of such employee under section 8422 of title 5 for such period so credited, together with interest thereon. (e) Certification concerning creditable service; acceptance by Office of Personnel Management The Office of Personnel Management shall accept the certification of the Secretary of the Senate concerning creditable service for the purpose of this section. (f) Effective date The foregoing provisions of this section shall take effect on October 1, 1988. -SOURCE- (Pub. L. 100-458, title I, Sec. 10, Oct. 1, 1988, 102 Stat. 2162.) -COD- CODIFICATION Section is comprised of section 10 of Pub. L. 100-458. Subsec. (b) of section 10 amended section 121a of this title. Section is from the Congressional Operations Appropriations Act, 1989, which is title I of the Legislative Branch Appropriations Act, 1989. ------DocID 7301 Document 394 of 1400------ -CITE- 2 USC Sec. 121c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 121c. Office of Senate Health Promotion -STATUTE- (a) Establishment The Sergeant at Arms and Doorkeeper of the Senate is authorized to establish an Office of Senate Health Promotion. (b) Fees, assessments, and charges (1) In carrying out this section, the Sergeant at Arms and Doorkeeper of the Senate is authorized to establish, or provide for the establishment of, exercise classes and other health services and activities on a continuing and regular basis. In providing for such classes, services, and activities, the Sergeant at Arms and Doorkeeper of the Senate is authorized to impose and collect fees, assessments, and other charges to defray the costs involved in promoting the health of Members, officers, and employees of the Senate. For purposes of this section, the term 'employees of the Senate' shall have such meaning as the Sergeant at Arms, by regulation, may prescribe. (2) All fees, assessments, and charges imposed and collected by the Sergeant at Arms pursuant to paragraph (1) shall be deposited in the revolving fund established pursuant to subsection (c) of this section and shall be available for purposes of this section. (c) Senate Health Promotion Revolving Fund There is established in the Treasury of the United States a revolving fund within the contingent fund of the Senate to be known as the Senate Health Promotion Revolving Fund (hereinafter referred to in this section as the 'fund'). The fund shall consist of all amounts collected or received by the Sergeant at Arms and Doorkeeper of the Senate as fees, assessments, and other charges for activities and services to carry out the provisions of this section. All moneys in the fund shall be available without fiscal year limitation for disbursement by the Secretary of the Senate for promoting the health of Members, officers, and employees of the Senate. (d) Vouchers Disbursements from the revolving fund shall be made upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate. (e) Inapplicability of provisions prohibiting sales, advertisements, or solicitations in Capitol grounds The provisions of section 193d of title 40 shall not be applicable to any class, service, or other activity carried out pursuant to the provisions of this section. (f) Regulations The provisions of this section shall be carried out in accordance with regulations which shall be promulgated by the Sergeant at Arms and Doorkeeper of the Senate and subject to approval at the beginning of each Congress by the Committee on Rules and Administration of the Senate. -SOURCE- (Pub. L. 101-163, title I, Sec. 4, Nov. 21, 1989, 103 Stat. 1044.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1990, which is title I of the Legislative Branch Appropriations Act, 1990. ------DocID 7302 Document 395 of 1400------ -CITE- 2 USC Sec. 122 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 122. Repealed. Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777 -MISC1- Section, acts July 2, 1954, ch. 455, title I, 68 Stat. 403; Sept. 7, 1957, Pub. L. 85-301, Sec. 1, 71 Stat. 622; Sept. 29, 1965, Pub. L. 89-211, Sec. 1(a), 79 Stat. 857, provided for office space in the home districts of House Members and the Resident Commissioner from Puerto Rico. See section 122b et seq. of this title. 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. Prior provisions, apparently on a fiscal year basis, 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. 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, Sec. 111. ------DocID 7303 Document 396 of 1400------ -CITE- 2 USC Sec. 122a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 122a. Reimbursement of House Members for office expenses outside District of Columbia -STATUTE- The Clerk of the House is authorized and directed to reimburse each Member, and the Resident Commissioner from Puerto Rico, from the contingent fund in an amount not to exceed $300 quarterly, upon certification of each such Member and Resident Commissioner for official expenses incurred outside the District of Columbia. -SOURCE- (July 2, 1954, ch. 455, title I, 68 Stat. 403; June 13, 1957, Pub. L. 85-54, 71 Stat. 82; July 27, 1965, Pub. L. 89-90, Sec. 103, 79 Stat. 281.) -COD- CODIFICATION Section is from the Legislative Appropriation Act, 1955. Section 103 of act Aug. 5, 1955, provided that the provisions therein for the various items of official expenses of Members should be the permanent law with respect thereto. -MISC3- AMENDMENTS 1965 - An additional quarterly allowance of $150, effective January 1, 1965, was authorized by House Resolution No. 831, Eighty-eighth Congress which was enacted into permanent law by Pub. L. 89-90. 1957 - Pub. L. 85-54 broadened authorization for reimbursement of a Member's office expenses, formerly restricted to expenses incurred in his Congressional district, to expenses incurred outside the District of Columbia. SIMILAR PROVISIONS Similar provisions were contained in the Legislative Appropriation Act, 1956, act Aug. 5, 1955, ch. 568, 69 Stat. 513. MEMBER DEFINED Section 101 of act July 2, 1954, in fixing amounts for salaries, mileage, and expenses of Members of the House of Representatives provided in part that 'wherever used herein the term 'Member' shall include Members of the House of Representatives, Delegates from the Territories, and the Resident Commissioner from Puerto Rico'. REIMBURSEMENT OF EXPENSES OF HOUSE MEMBERS; MEMBER OF HOUSE OF REPRESENTATIVES AND MEMBER DEFINED Section 302(a), (b), and (d) of House Resolution No. 287, Ninety-fifth Congress, Mar. 2, 1977, enacted into permanent law by Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668, provided that: '(a) Notwithstanding any other provision of law and until otherwise provided by law - '(1) effective January 3, 1977, each Member of the House of Representatives shall be entitled to reimbursement under the nineteenth paragraph under the subheading 'Contingent Expenses of the House' under the heading 'HOUSE OF REPRESENTATIVES' in the Legislative Appropriation Act, 1955 (2 U.S.C. 122a), or under chapter 4, section 401, of the Supplemental Appropriations Act, 1972 (2 U.S.C. 56), for any official expense incurred in the United States; and '(2) the Clerk of the House may make disbursements under the paragraph referred to in paragraph (1) by (A) direct payment to the person from whom goods or services are obtained by the Member involved under such paragraph; or (B) reimbursement to the Member involved or person designated by the Member. '(b) Effective January 3, 1978, notwithstanding any other provision of law and until otherwise provided by law, and conditional upon the adoption of a House rule prohibiting Members of the House of Representatives from maintaining unofficial office accounts, the entitlement of each Member of the House of Representatives under the nineteenth paragraph under the subheading 'Contingent Expenses of the House' under the heading 'HOUSE OF REPRESENTATIVES' in the Legislative Appropriation Act, 1955 (2 U.S.C. 122a), or under chapter 4, section 401, of the Supplemental Appropriation Act, 1972 (2 U.S.C. 56), shall not exceed $7,000 annually. '(d) For purposes of this section, the terms 'Member of the House of Representatives' and 'Member' mean each Representative in, or Delegate or Resident Commissioner to, the House of Representatives.' Section 302(a), (b), and (d) of House Resolution No. 287 is also set out as a note under section 56 of this title. Section 302(c) of such resolution is set out as a note under section 41 of this title. -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. ------DocID 7304 Document 397 of 1400------ -CITE- 2 USC Sec. 122b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 122b. Leasing of office space in home districts of House Members -STATUTE- Effective January 3, 1978, and until otherwise provided by law, the Clerk of the House may disburse funds from the contingent fund of the House on behalf of each Member of the House of Representatives, in accordance with the provisions of sections 122b to 122g of this title, to defray the cost of leasing suitable office space for use by such Member in the district from which he is elected or in any location which is in close proximity to such district. -SOURCE- (Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 687, Ninety-fifth Congress, September 20, 1977, which was enacted into permanent law by Pub. L. 95-391. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 122c, 122d, 122e, 122f, 122g of this title. ------DocID 7305 Document 398 of 1400------ -CITE- 2 USC Sec. 122c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 122c. Determination of disbursable annual amount -STATUTE- The annual amount which may be disbursed on behalf of each Member under sections 122b to 122g of this title shall be an amount equal to the product of two thousand five hundred square feet multiplied by the maximum applicable annual rate per square foot in the region encompassing the congressional district from which such Member is elected or in which the Member maintains a district office, as determined by the Administrator of General Services under section 490(j) of title 40. -SOURCE- (Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777.) -COD- CODIFICATION Section is based on section 2 of House Resolution No. 687, Ninety-fifth Congress, September 20, 1977, which was enacted into permanent law by Pub. L. 95-391. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 122b, 122d, 122e, 122f, 122g of this title. ------DocID 7306 Document 399 of 1400------ -CITE- 2 USC Sec. 122d -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 122d. Authorization by Committee on House Administration -STATUTE- Each Member who desires the Clerk to disburse funds under sections 122b to 122g of this title in connection with office space leased by such Member shall submit to the Committee on House Administration two copies of each lease agreement involved. If the committee determines that such lease agreement conforms with any requirements established by the committee by regulation, the committee shall authorize the Clerk to make disbursements on behalf of such Member. -SOURCE- (Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777.) -COD- CODIFICATION Section is based on section 3 of House Resolution No. 687, Ninety-fifth Congress, September 20, 1977, which was enacted into permanent law by Pub. L. 95-391. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 122b, 122c, 122e, 122f, 122g of this title. ------DocID 7307 Document 400 of 1400------ -CITE- 2 USC Sec. 122e -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 122e. Office equipment, carpeting, and draperies -STATUTE- The Administrator of General Services shall, in accordance with regulations prescribed by the committee, furnish suitable office equipment, carpeting, and draperies for office space acquired under sections 122b to 122g of this title. -SOURCE- (Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777.) -COD- CODIFICATION Section is based on section 4 of House Resolution No. 687, Ninety-fifth Congress, September 20, 1977, which was enacted into permanent law by Pub. L. 95-391. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 122b, 122c, 122d, 122f, 122g of this title. ------DocID 7308 Document 401 of 1400------ -CITE- 2 USC Sec. 122f -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 122f. Rules and regulations -STATUTE- The committee shall prescribe such regulations as may be necessary to carry out the provisions of sections 122b to 122g of this title. -SOURCE- (Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777.) -COD- CODIFICATION Section is based on section 5 of House Resolution No. 687, Ninety-fifth Congress, September 20, 1977, which was enacted into permanent law by Pub. L. 95-391. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 122b, 122c, 122d, 122e, 122g of this title. ------DocID 7309 Document 402 of 1400------ -CITE- 2 USC Sec. 122g -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 122g. Definitions -STATUTE- For purposes of sections 122b to 122g of this title - (1) the term 'Clerk' means the Clerk of the House; (2) the term 'committee' means the Committee on House Administration; and (3) the terms 'Members of the House of Representatives' and 'Member' mean any Representative in the Congress, the Resident Commissioner from Puerto Rico, and the Delegates from the District of Columbia, Guam, and the Virgin Islands. -SOURCE- (Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777.) -COD- CODIFICATION Section is based on section 7 of House Resolution No. 687, Ninety-fifth Congress, September 20, 1977, which was enacted into permanent law by Pub. L. 95-391. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 122b, 122c, 122d, 122e, 122f of this title. ------DocID 7310 Document 403 of 1400------ -CITE- 2 USC Sec. 123 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 123. Repealed. June 27, 1956, ch. 453, Sec. 105(m), 70 Stat. 372 -MISC1- 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. See section 123b(m) of this title. ------DocID 7311 Document 404 of 1400------ -CITE- 2 USC Sec. 123a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 123a. Omitted -COD- CODIFICATION Section, act Aug. 5, 1955, ch. 568, Sec. 1, 69 Stat. 500, which established the basic annual compensation of the coordinator, Joint Recording Facility, has been omitted because of section 123b(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. ------DocID 7312 Document 405 of 1400------ -CITE- 2 USC Sec. 123b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 123b. House Recording Studio; Senate Recording Studio and Senate Photographic Studio -STATUTE- (a) Establishment There is established the House Recording Studio, the Senate Recording Studio, and the Senate Photographic Studio. (b) Assistance in making disk, film, and tape recordings; exclusiveness of use The House Recording Studio shall assist Members of the House of Representatives in making disk, film, and tape recordings, and in performing such other functions and duties in connection with the making of such recordings as may be necessary. The Senate Recording Studio and the Senate Photographic Studio shall assist Members of the Senate and committees of the Senate in making disk, film, and tape recordings, and in performing such other functions and duties in connection with the making of such recordings as may be necessary. The House Recording Studio shall be for the exclusive use of Members of the House of Representatives (including the Delegates and the Resident Commissioner from Puerto Rico); the Senate Recording Studio and the Senate Photographic Studio shall be for the exclusive use of Members of the Senate, the Vice President, committees of the Senate, the Secretary of the Senate, and the Sergeant at Arms of the Senate. (c) Operation of studios The House Recording Studio shall be operated by the Clerk of the House of Representatives under the direction and control of a committee which is created (hereinafter referred to as the committee) composed of three Members of the House. Two members of the committee shall be from the majority party and one member shall be from the minority party, to be appointed by the Speaker. The committee is authorized to issue such rules and regulations relating to operation of the House Recording Studio as it may deem necessary. The Senate Recording Studio and the Senate Photographic Studio shall be operated by the Sergeant at Arms of the Senate under the direction and control of the Committee on Rules and Administration of the Senate. The Committee on Rules and Administration is authorized to issue such rules and regulations relating to operation of the Senate Recording Studio and the Senate Photographic Studio as it may deem necessary. (d) Prices of disk, film, and tape recordings; collection of moneys The Clerk of the House of Representatives shall, subject to the approval of the committee, set the price of making disk, film, and tape recordings, and collect all moneys owed the House Recording Studio. The Committee on Rules and Administration of the Senate shall set the price of making disk, film, and tape recordings and all moneys owed the Senate Recording Studio and the Senate Photographic Studio shall be collected by the Sergeant at Arms of the Senate. (e) Restrictions on expenditures No moneys shall be expended or obligated for the House Recording Studio except as shall be pursuant to such regulations as the committee may approve. No moneys shall be expended or obligated by the Director of the Senate Recording Studio or the Director of the Senate Photographic Studio until approval therefor has been obtained from the Sergeant at Arms of the Senate. (f) Appointment of Director and other employees of House Recording Studio The Clerk of the House of Representatives is authorized, subject to the approval of the committee, to appoint a Director of the House Recording Studio and such other employees as are deemed necessary to the operation of the House Recording Studio. (g) Revolving funds There is established in the Treasury of the United States, a revolving fund within the contingent fund of the House of Representatives for the House Recording Studio for the purposes of administering the duties of that studio. There is also established in the Treasury of the United States a revolving fund, within the contingent fund of the Senate, which shall be known as the 'Senate Photographic Studio Revolving Fund', for the purpose of administering the duties of the Senate Photographic Studio; and there is established in the Treasury of the United States, a revolving fund, within the contingent fund of the Senate, which shall be known as the 'Senate Recording Studio Revolving Fund', for the purpose of administering the duties of the Senate Recording Studio. (h) Deposits in funds; availability of funds All moneys received by the House Recording Studio from Members of the House of Representatives for disk, film, or tape recordings, or from any other source, shall be deposited by the Clerk of the House of Representatives in the revolving fund established for the House Recording Studio by subsection (g) of this section; moneys in such fund shall be available for disbursement therefrom by the Clerk of the House of Representatives for the care, maintenance, operation, and other expenses of the studio upon vouchers signed and approved in such manner as the committee shall prescribe. All moneys received by the Senate Recording Studio shall be deposited in the Senate Recording Studio Revolving Fund established by subsection (g) of this section and all funds received by the Senate Photographic Studio shall be deposited in the Senate Photographic Studio Revolving Fund established by such subsection; moneys in the Senate Recording Studio Revolving Fund shall be available for disbursement therefrom upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate for the care, maintenance, operation, and other expenses of the Senate Recording Studio, and moneys in the Senate Photographic Studio Revolving Fund shall be available for disbursement therefrom upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate for the care, maintenance, operation, and other expenses of the Senate Photographic Studio. (i) Distribution of equity of Joint Senate and House Recording Facility Revolving Fund; assignment of existing studio facilities, equipment, materials and supplies; transfer of accounts; reserve fund; distribution of balance (1) As soon as practicable after June 27, 1956, but no later than September 30, 1956, the equity of the Joint Senate and House Recording Facility Revolving Fund shall be distributed equally to the Senate and House of Representatives on the basis of an audit to be made by the General Accounting Office. (2) The Sergeant at Arms of the Senate and the Clerk of the House of Representatives shall, subject to the approval of the committees mentioned in subsection (c) of this section, determine the assignment of existing studio facilities to the Senate and the House of Representatives, and also the existing equipment, materials and supplies to be transferred to the respective studios. The evaluation of equipment, materials and supplies transferred to each studio shall be on the basis of market value. Any other equipment, materials and supplies determined to be obsolete or not needed for the operation of the respective studio shall be disposed of to the best interest of the Government and the proceeds thereof deposited in the Joint Senate and House Recording Facility Revolving Fund. (3) Accounts receivable, which on the effective date of liquidation, are due from Members and committees of the Senate shall be transferred to the Senate Studio, and those due from Members and committees of the House of Representatives shall be transferred to the House Studio. (4) A sufficient reserve shall be set aside from the Joint Senate and House Recording Facility Revolving Fund to liquidate any outstanding accounts payable. (5) After appropriate adjustments for the value of assets assigned or transferred to the Senate and House of Representatives, respectively, the balance in the Joint Senate and House Recording Facility Revolving Fund shall be distributed equally to the Senate and House of Representatives for deposit to the respective revolving funds authorized by this section. (j) Availability of existing services and facilities Pending acquisition of the stock, supplies, materials, and equipment necessary to properly equip both studios, the present services and facilities shall be made available to both studios in order that each studio may carry out its duty. (k) Restrictions on employment No person shall be an officer or employee of the House Recording Studio, Senate Recording Studio, or Senate Photographic Studio while he is engaged in any other business, profession, occupation, or employment which involves the performance of duties which are similar to those which would be performed by him as such an officer or employee of such studio unless approved in writing by the committee in the case of the House Recording Studio and the Senate Committee on Rules and Administration in the case of the Senate Recording Studio and the Senate Photographic Studio. (l) Abolition of Joint Recording Facility positions and salaries The Joint Recording Facility positions and salaries established pursuant to the Legislative Branch Appropriation Act, 1948, and all subsequent Acts are abolished. (m) Repeals Effective with the completion of the transfer provided for by subsection (i) of this section the joint resolution entitled 'Joint resolution establishing in the Treasury of the United States a revolving fund within the contingent fund of the House of Representatives', approved August 7, 1953, is repealed. (n) Repealed. Pub. L. 92-310, title II, Sec. 220(j), June 6, 1972, 86 Stat. 205 (o) Authorization of appropriations Such sums as may be necessary to carry out the provisions of this section are authorized to be appropriated. -SOURCE- (June 27, 1956, ch. 453, Sec. 105, 70 Stat. 370; Oct. 13, 1964, Pub. L. 88-652, Sec. 16(a), 78 Stat. 1084; June 6, 1972, Pub. L. 92-310, title II, Sec. 220(j), 86 Stat. 205; July 8, 1980, Pub. L. 96-304, title I, Sec. 108(a), 94 Stat. 890; Sept. 10, 1982, Pub. L. 97-257, title I, Sec. 102, 96 Stat. 849; Nov. 5, 1990, Pub. L. 101-520, title I, Sec. 7(a), (c), (d), 104 Stat. 2258, 2259.) -MISC1- AMENDMENTS 1990 - Subsec. (g). Pub. L. 101-520, Sec. 7(a), amended second sentence generally. Prior to amendment, second sentence read as follows: 'There is also established in the Treasury of the United States, a revolving fund within the contingent fund of the Senate for the Senate Recording and Photographic Studios for the purposes of administering the duties of that studio.' Subsec. (h). Pub. L. 101-520, Sec. 7(c), amended second sentence generally. Prior to amendment, second sentence read as follows: 'All moneys received by the Senate Recording and Photographic Studios for disk, film, or tape recordings or from any other source, shall be deposited in the revolving fund established for the Senate Recording and Photographic Studios by subsection (g) of this section; moneys in such fund shall be available for disbursement therefrom upon vouchers signed and approved by the Sergeant at Arms for the care, maintenance, operation, and other expenses of the Senate Recording and Photographic Studios.' 1982 - Subsec. (b). Pub. L. 97-257 inserted reference to Secretary of Senate and Sergeant at Arms of Senate. 1972 - Subsec. (n). Pub. L. 92-310 repealed subsec. (n) which required Directors of House and Senate Recording Studios to give bonds in sum of $20,000 each. 1964 - Subsec. (f). Pub. L. 88-652 struck out 'and fix the compensation of' after 'to appoint'. EFFECTIVE DATE OF 1990 AMENDMENT Section 7(b) of Pub. L. 101-520 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect on April 1, 1991, and, of the monies in the revolving fund within the contingent fund of the Senate for the Recording and Photographic Studios, as such fund was in existence immediately prior to the amendment made by subsection (a), $100,000 shall be deposited in the Senate Photographic Studio Revolving Fund (as established by the amendment made by subsection (a)) and the remainder shall be deposited into the Senate Recording Studio Revolving Fund (as so established).' Section 7(c) of Pub. L. 101-520 provided that the amendment made by that section is effective Apr. 1, 1991. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-652 effective Jan. 1, 1965, see section 17 of Pub. L. 88-652, set out as an Effective Date note under section 291 of this title. -TRANS- TRANSFER OF FUNCTIONS References to Senate Recording Studio and Senate Photographic Studio substituted for 'Senate Recording and Photographic Studios' wherever appearing in text pursuant to section 108(a) of Pub. L. 96-304, as amended by section 7(d) of Pub. L. 101-520, which is classified to section 123b-1(a) of this title, and which abolished entity known as Senate Recording and Photographic Studios, established instead Senate Recording Studio and Senate Photographic Studio, and made corresponding transfer of functions. Previously, 'Senate Recording and Photographic Studios' had been substituted in text for 'Senate Recording Studio' pursuant to section 108(a) of Pub. L. 96-304. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 7313 Document 406 of 1400------ -CITE- 2 USC Sec. 123b-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 123b-1. Senate Recording Studio and Senate Photographic Studio as successors to Senate Recording and Photographic Studios; rules, regulations, and fees for photographs and photographic services -STATUTE- (a) The entity, in the Senate, known (prior to April 1, 1991) as the 'Senate Recording and Photographic Studios' is abolished, and there is established in its stead the following two entities: the 'Senate Recording Studio', and the 'Senate Photographic Studio'; and there are transferred, from the entity known (prior to April 1, 1991) as the 'Senate Recording and Photographic Studios' to the Senate Recording Studio all personnel, equipment, supplies, and funds which are available for, relate to, or are utilized in connection with, recording, and to the Senate Photographic Studio all personnel, equipment, supplies, and funds which are available for, relate to, or are utilized in connection with, photography. (b)(1) The Sergeant at Arms and Doorkeeper of the Senate shall, subject to the approval of the majority and minority leaders, promulgate rules and regulations, and establish fees, for the provision of photographs and photographic services to be furnished by the Photographic Studio. (2) Omitted. -SOURCE- (Pub. L. 96-304, title I, Sec. 108, July 8, 1980, 94 Stat. 890; Pub. L. 101-520, title I, Sec. 7(d), Nov. 5, 1990, 104 Stat. 2259.) -COD- CODIFICATION Words 'prior to April 1, 1991', referred to in subsec. (a), were in the original 'prior to this amendment' which was translated as meaning prior to the effective date of section 7(d) of Pub. L. 101-520, which amended subsec. (a) generally, to reflect the probable intent of Congress. Subsec. (b)(2), which authorized the Sergeant at Arms and Doorkeeper of the Senate to appoint and fix the compensation of not more than 15 employees to carry out the functions of the Photographic Studio and provided that the Secretary of the Senate make payments of compensation, etc., of such personnel from certain funds appropriated for the Senate, was omitted in view of section 61f-7 of this title which abolished all statutory positions in the Office of the Sergeant at Arms and Doorkeeper of the Senate, with specified exceptions, effective Oct. 1, 1981, and authorized the Sergeant at Arms and Doorkeeper of the Senate to appoint and fix the compensation of such employees as appropriate. -MISC3- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-520 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 'The Senate Recording Studio hereafter shall be known as the Senate Recording and Photographic Studios. Subject to subsection (b) of this section, all references to the Senate Recording Studio (including the revolving fund) in any law, resolution, or regulation shall be considered as referring to the Senate Recording and Photographic Studios, and any provision of any law, resolution, or regulation which is applicable to the Senate Recording Studio shall be deemed to apply to the Senate Recording and Photographic Studios.' EFFECTIVE DATE OF 1990 AMENDMENT Section 7(d) of Pub. L. 101-520 provided that the amendment made by that section is effective Apr. 1, 1991. ------DocID 7314 Document 407 of 1400------ -CITE- 2 USC Sec. 123c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 123c. Data processing equipment, software, and services -STATUTE- Notwithstanding any other provision of law, the Sergeant at Arms, subject to the approval of the Committee on Rules and Administration, is hereafter authorized to enter into multi-year contracts for data processing equipment, software, and services. -SOURCE- (Pub. L. 94-32, title I, June 12, 1975, 89 Stat. 182; Pub. L. 95-26, title I, Sec. 103, May 4, 1977, 91 Stat. 82.) -COD- CODIFICATION Section is from the Second Supplemental Appropriations Act, 1975. -MISC3- AMENDMENTS 1977 - Pub. L. 95-26 substituted 'multi-year contracts for data processing equipment, software, and services' for 'multi-year leases for automatic data processing equipment'. EFFECTIVE DATE Title I of Pub. L. 94-32 provided that this section is effective June 12, 1975. ------DocID 7315 Document 408 of 1400------ -CITE- 2 USC Sec. 123c-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 123c-1. Advance payments for computer programing services -STATUTE- Notwithstanding any other provision of law, the Sergeant at Arms and Doorkeeper of the Senate, subject to the approval of the Committee on Rules and Administration, is on and after July 6, 1981, authorized to enter into contracts which provide for the making of advance payments for computer programing services. -SOURCE- (Pub. L. 97-20, July 6, 1981, 95 Stat. 104.) ------DocID 7316 Document 409 of 1400------ -CITE- 2 USC Sec. 123d -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 123d. Senate Computer Center -STATUTE- (a) Senate Computer Center Revolving Fund (1) There is hereby established in the Treasury of the United States a revolving fund within the contingent fund of the Senate to be known as the Senate Computer Center Revolving Fund (hereafter in this section referred to as the 'revolving fund'). (2) The revolving fund shall be available only for paying the salaries of personnel employed under subsection (c) of this section, and agency contributions attributable thereto, and for paying refunds under contracts entered into under subsection (b) of this section. (3) Within 90 days after the end of each fiscal year, the Secretary of the Senate shall withdraw all amounts in the revolving fund in excess of $100,000, other than amounts required to make refunds under subsection (b) (2) (B) of this section, and shall deposit the amounts withdrawn in the Treasury of the United States as miscellaneous receipts. (b) Contracts for use of Senate computer; approval; terms (1) Subject to the provisions of paragraph (2), the Sergeant at Arms and Doorkeeper of the Senate is authorized to enter into contracts with any agency or instrumentality of the legislative branch for the use of any available time on the Senate computer. (2) No contract may be entered into under paragraph (1) unless it has been approved by the Committee on Rules and Administration of the Senate, and no such contract may extend beyond the end of the fiscal year in which it is entered into. Each contract entered into under paragraph (1) shall contain - (A) a provision requiring full advance payment for the amount of time contracted for, and (B) a provision requiring refund of a proportionate amount of such advance payment if the total amount of time contracted for is not used. Notwithstanding any other provision of law, any agency or instrumentality of the legislative branch is authorized to make advance payments under a contract entered into under paragraph (1). (c) Additional personnel To the extent that the personnel of the Senate Computer Center are unable to carry out the contracts entered into under subsection (b) of this section according to their terms and conditions, the Sergeant at Arms and Doorkeeper of the Senate is authorized to employ such additional personnel for the Senate Computer Center as may be necessary to carry out such contracts, and to pay the salaries of such additional personnel, and agency contributions attributable thereto, from the revolving fund. Such additional personnel may temporarily be assigned to perform the regular functions of the Senate Computer Center when their services are not needed to carry out such contracts. (d) Disbursements Disbursements from the revolving fund under subsections (b) and (c) of this section shall be made upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate, except that vouchers shall not be required for the disbursement of salaries of employees paid at an annual rate. -SOURCE- (Pub. L. 94-303, title I, Sec. 116, June 1, 1976, 90 Stat. 614.) ------DocID 7317 Document 410 of 1400------ -CITE- 2 USC Sec. 124 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 124. Arrangements for attendance at funeral of deceased House Members; payment of funeral expenses and expenses of attending funeral rites -STATUTE- Notwithstanding any other provision of law, the Sergeant at Arms of the House is authorized and directed on and after October 2, 1962, to make such arrangements as may be necessary for any committee of Members of the Senate and House of Representatives duly appointed to attend the funeral of a deceased Member of the House. Notwithstanding any other provision of law, there shall be paid out of the contingent fund of the House, under such rules and regulations as the Committee on House Administration may prescribe, such sums as may be necessary to defray the funeral expenses of the deceased Member and to defray the expenses of such committee, the Sergeant at Arms of the House or a representative of his office, and the widow (or widower) or minor children, or both, of the deceased Member incurred in attending the funeral rites and burial of such Member. -SOURCE- (Pub. L. 87-730, Sec. 101, Oct. 2, 1962, 76 Stat. 686.) -COD- CODIFICATION Section is from the Legislative Branch Appropriation Act, 1963. -MISC3- PRIOR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Aug. 5, 1955, ch. 568, 69 Stat. 513. July 2, 1954, ch. 455, title I, 68 Stat. 403. Aug. 1, 1953, ch. 304, title I, 67 Stat. 325. ------DocID 7318 Document 411 of 1400------ -CITE- 2 USC Sec. 125 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 125. Gratuities for survivors of deceased House employees; computation -STATUTE- The Clerk of the House is on and after July 2, 1954, authorized to pay, from the contingent fund of the House, a gratuity to the widow, widower, or heirs-at-law, of each deceased employee of the House an amount equal to one month's salary for each year or part of year of the first six years service of such employee plus one-half of one month's salary for each year or part of year of such service in excess of six years to and including the eighteenth year of such service. Service computed hereunder shall include all Federal civilian employment, and military service where such service interrupted Federal civilian employment. -SOURCE- (July 2, 1954, ch. 455, title I, 68 Stat. 403.) -CROSS- CROSS REFERENCES Gratuities for survivors of deceased employees under the jurisdiction of the Architect of the Capitol, see section 166b-4 of Title 40, Public Buildings, Property, and Works. ------DocID 7319 Document 412 of 1400------ -CITE- 2 USC Sec. 125a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 125a. Death gratuity payments as gifts -STATUTE- Any death gratuity payment at any time specifically appropriated by any Act of Congress or at any time made out of the contingent fund of the House of Representatives or of the Senate shall be held to have been a gift. -SOURCE- (June 5, 1952, ch. 369, Ch. I, 66 Stat. 101.) -COD- CODIFICATION Section is also set out as section 38b of this title. ------DocID 7320 Document 413 of 1400------ -CITE- 2 USC Sec. 126 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 126. Repealed. Pub. L. 89-554, Sec. 8, Sept. 6, 1966, 80 Stat. 658 -MISC1- Section, act Sept. 1, 1954, ch. 1208, title VI, Sec. 603, 68 Stat. 1116, provided that the official reporters of Senate proceedings and their employees should 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. ------DocID 7321 Document 414 of 1400------ -CITE- 2 USC Sec. 126-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 126-1. Omitted -COD- 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, Sec. 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 61a-11 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. ------DocID 6943 Document 415 of 1400------ -CITE- 2 USC Sec. 29b, 29c -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 29b, 29c. Omitted -COD- 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, requiured 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, Sec. 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). ------DocID 7323 Document 416 of 1400------ -CITE- 2 USC Sec. 126a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 126a. Omitted -COD- 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 sections 61a-11 and 126-1 of this title. ------DocID 7324 Document 417 of 1400------ -CITE- 2 USC Sec. 126b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 126b. Substitute reporters of debates and expert transcribers; temporary reporters of debates and expert transcribers; payments from Senate contingent fund -STATUTE- The Secretary of the Senate is on and after June 5, 1981, authorized to employ, by contract or otherwise, substitute reporters of debates and expert transcribers at daily rates of compensation, or temporary reporters of debates and expert transcribers at annual rates of compensation; no temporary reporters of debates or expert transcribers may be employed under authority of this provision for more than ninety days in any fiscal year; and payments made under authority of this section shall be made from the contingent fund of the Senate upon vouchers approved by the Secretary of the Senate. -SOURCE- (Pub. L. 89-90, July 27, 1965, 79 Stat. 266; Pub. L. 97-12, title I, Sec. 105, June 5, 1981, 95 Stat. 61.) -COD- CODIFICATION 'On and after June 5, 1981' substituted in text for 'hereafter', which probably meant after the date of enactment of Pub. L. 97-12 rather than the date of enactment of Pub. L. 89-90. -MISC3- AMENDMENTS 1981 - Pub. L. 97-12 amended section generally, substituting 'authorized to employ, by contract or otherwise, substitute reporters of debates and expert transcribers at daily rates of compensation, or temporary reporters of debates and expert transcribers at annual rates of compensation; no temporary reporters of debates or expert transcribers may be employed under authority of this provision for more than ninety days in any fiscal year; and payments made under authority of this section shall be made from the contingent fund of the Senate upon vouchers approved by the Secretary of the Senate' for 'authorized to obtain by contract or otherwise, emergency reporters and transcribers as may be necessary, payments therefor to be made form the contingent fund of the Senate'. ------DocID 7325 Document 418 of 1400------ -CITE- 2 USC Sec. 127 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 127. Repealed. Pub. L. 92-51, July 9, 1971, 85 Stat. 129 -MISC1- 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. See section 43b of this title. Prior provisions were contained in prior appropriation acts as follows: Act June 27, 1956, ch. 453, 70 Stat. 360, as amended by 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. EFFECTIVE DATE OF REPEAL Pub. L. 92-51 provided that the repeal is effective July 1, 1971. ------DocID 7326 Document 419 of 1400------ -CITE- 2 USC Sec. 127a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 127a. Reimbursement of transportation expenses for employees in office of House Member -STATUTE- The contingent fund of the House of Representatives is made available after August 28, 1965, for reimbursement of transportation expenses incurred by not to exceed two employees in the office of a Member of the House of Representatives (including the Resident Commissioner from Puerto Rico) for one round trip each, or incurred by not to exceed one employee for two round trips, in any calendar year between Washington, District of Columbia, and the place of residence of the Member representing the congressional district involved. Such payment shall be made only upon vouchers approved by the Member containing a certification by him that such travel was performed in line of official duty, but the mileage allowed for any such trip shall not exceed the round trip mileage by the nearest usual route between Washington, District of Columbia, and the Member's place of residence in the congressional district involved. The Committee on House Administration of the House of Representatives shall make such rules and regulations as may be necessary to carry out this section. -SOURCE- (Pub. L. 89-147, Sec. 3, Aug. 28, 1965, 79 Stat. 583.) -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. ------DocID 7327 Document 420 of 1400------ -CITE- 2 USC Sec. 128, 129 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 128, 129. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 658, 659 -MISC1- 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. ------DocID 7328 Document 421 of 1400------ -CITE- 2 USC Sec. 130 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 130. Repealed. Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777 -MISC1- Section, Pub. L. 87-730, Sec. 103, Oct. 2, 1962, 76 Stat. 693; H. Res. 163, Mar. 19, 1975; Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668, authorized payment of expenses of participation by House in interparliamentary institutions. See section 130-1 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. 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, Sec. 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, Sec. 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. ------DocID 7329 Document 422 of 1400------ -CITE- 2 USC Sec. 130-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 130-1. Participation by House in interparliamentary institutions; reception of members of foreign legislative bodies and foreign officials; meetings with Government officials -STATUTE- (a) It is the purpose of this section to enable the House of Representatives more properly to discharge and coordinate its activities and responsibilities in connection with participation in various interparliamentary institutions, to facilitate the interchange and reception in the United States of members of foreign legislative bodies and permanent officials of foreign governments, and to enable the House of Representatives to host meetings with senior United States Government officials and other dignitaries in order to discuss matters relevant to United States relations with other countries. (b) For payment of expenses incurred in carrying out subsection (a) of this section, there shall be paid out of the contingent fund of the House, until otherwise provided by law, such sums as may be necessary but not to exceed $55,000 in any calendar year. Such payments shall be made on vouchers signed by the chairman of the Committee on Foreign Affairs and approved by the Committee on House Administration. -SOURCE- (Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777; H. Res. 89, Feb. 5, 1979.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 1047, Ninety-fifth Congress, April 4, 1978, which was enacted into permanent law by Pub. L. 95-391. -CHANGE- CHANGE OF NAME Committee on International Relations of the House of Representatives changed to Committee on Foreign Affairs on Feb. 5, 1979, by House Resolution 89, Ninety-sixth Congress. ------DocID 7330 Document 423 of 1400------ -CITE- 2 USC Sec. 130a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 130a. Nonpay status for Congressional employees studying under Congressional staff fellowships -STATUTE- With respect to each employee of the Senate or House of Representatives - (1) whose compensation is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives, and (2) who, on or after January 1, 1963 shall have been separated from employment with the Senate or House of Representatives in order to pursue certain studies under a congressional staff fellowship awarded by the American Political Science Association, the period of time covered by such fellowship shall be held and considered to be service (in a nonpay status) in employment with the Senate or House of Representatives, as the case may be, at the rate of compensation received immediately prior to separation (including any increases in compensation provided by law during the period covered by such fellowship) for the purposes of - (A) subchapter III (relating to civil service retirement) of chapter 83 of title 5, (B) chapter 87 (relating to Federal employees group life insurance) of title 5, and (C) chapter 89 (relating to Federal employees group health insurance) of title 5, if the award of such fellowship to such employee is certified to the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, by the appointing authority concerned or, in the event of the death or disability of such appointing authority, is established to the satisfaction of the Secretary of the Senate or the Clerk of the House by records or other evidence. -SOURCE- (Pub. L. 89-379, Mar. 30, 1966, 80 Stat. 94.) -COD- CODIFICATION References to subchapter III of chapter 83, chapter 87, and chapter 89 of title 5 substituted for references to the Civil Service Retirement Act, as amended, the Federal Employees' Group Life Insurance Act of 1954, as amended, and the Federal Employees' Health Benefits Act of 1959, as amended, respectively, 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. ------DocID 7331 Document 424 of 1400------ -CITE- 2 USC Sec. 130b -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 130b. Jury and witness service by Senate and House employees -STATUTE- (a) Definitions For purposes of this section - (1) 'employee' means any individual whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives; and (2) 'court of the United States' has the meaning given it by section 451 of title 28 and includes the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands. (b) Service as juror or witness in connection with a judicial proceeding; prohibition against reduction of pay The pay of an employee shall not be reduced during a period of absence with respect to which the employee is summoned (and permitted to respond to such summons by the appropriate authority of the House of the Congress disbursing his pay), in connection with a judicial proceeding by a court or authority responsible for the conduct of that proceeding, to serve - (1) as a juror; or (2) other than as provided in subsection (c) of this section, as a witness on behalf of any party in connection with any judicial proceeding to which the United States, the District of Columbia, or a State or local government is a party; in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico, the Canal Zone, or the Trust Territory of the Pacific Islands. For purposes of this subsection, 'judicial proceeding' means any action, suit, or other judicial proceeding, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding. (c) Official duty An employee is performing official duty during the period with respect to which he is summoned (and is authorized to respond to such summons by the House of the Congress disbursing his pay), or is assigned by such House, to - (1) testify or produce official records on behalf of the United States or the District of Columbia; or (2) testify in his official capacity or produce official records on behalf of a party other than the United States or the District of Columbia. (d) Prohibition on receipt of jury or witness fees (1) An employee may not receive fees for service - (A) as juror in a court of the United States or the District of Columbia; or (B) as a witness on behalf of the United States or the District of Columbia. (2) If an employee receives an amount (other than travel expenses) for service as a juror or witness during a period in which his pay may not be reduced under subsection (b) of this section, or for which he is performing official duty under subsection (c) of this section, the employee shall remit such amount to the officer who disburses the pay of the employee, which amount shall be covered into the general fund of the Treasury as miscellaneous receipts. (e) Travel expenses (1) An employee summoned (and authorized to respond to such summons by the House of the Congress disbursing his pay), or assigned by such House, to testify or produce official records on behalf of the United States is entitled to travel expenses. If the case involves an activity in connection with which he is employed, the travel expenses shall be paid from funds otherwise available for the payment of travel expenses of such House in accordance with travel regulations of that House. If the case does not involve such an activity, the department, agency, or independent establishment of the United States on whose behalf he is so testifying or producing records shall pay to the employee his travel expenses out of appropriations otherwise available, and in accordance with regulation applicable, to that department, agency, or independent establishment for the payment of travel expenses. (2) An employee summoned (and permitted to respond to such summons by the House of the Congress disbursing his pay), or assigned by such House, to testify in his official capacity or produce official records on behalf of a party other than the United States, is entitled to travel expenses, unless any travel expenses are paid to the employee for his appearance by the court, authority, or party which caused him to be summoned. (f) Rules and regulations The Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives are authorized to prescribe, for employees of their respective Houses, such rules and regulations as may be necessary to carry out the provisions of this section. (g) Congressional consent not conferred for production of official records or to testimony concerning activities related to employment No provision of this section shall be construed to confer the consent of either House of the Congress to the production of official records of that House or to testimony by an employee of that House concerning activities related to his employment. -SOURCE- (Pub. L. 91-563, Sec. 6, Dec. 19, 1970, 84 Stat. 1478; Pub. L. 94-310, Sec. 2, June 15, 1976, 90 Stat. 687.) -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (b), see section 3602(b) of Title 22, Foreign Relations and Intercourse. -MISC2- AMENDMENTS 1976 - Subsec. (b)(2). Pub. L. 94-310 substituted 'other than as provided in subsection (c) of this section, as a witness on behalf of any party in connection with any judicial proceeding to which the United States, the District of Columbia, or a State or local government is a party' for 'as a witness on behalf of a party other than the United States, the District of Columbia, or a private party'. EFFECTIVE DATE OF 1976 AMENDMENT Section 4 of Pub. L. 94-310 provided that: 'The amendments made by this Act (amending this section and sections 6322 and 8906 of Title 5, Government Organization and Employees) shall take effect on October 1, 1976, or on the date of the enactment of this Act (June 15, 1976), whichever date is later.' -TRANS- TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE For termination of the United States District Court for the District of the Canal Zone at end of the 'transition period', being the 30 month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and Intercourse. -CROSS- CROSS REFERENCES Leave for jury or witness service to employees of agencies generally, see section 6322 of Title 5, Government Organization and Employees. ------DocID 7332 Document 425 of 1400------ -CITE- 2 USC Sec. 130c -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 130c. Waiver by Secretary of Senate of claims of United States arising out of erroneous payments to Vice President, Senator, or Senate employee paid by Secretary of Senate -STATUTE- (a) Waiver of claim for erroneous payment of pay or allowances A claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, on or after July 25, 1974, to the Vice President, a Senator, or to an officer or employee whose pay is disbursed by the Secretary of the Senate, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by the Secretary of the Senate, if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official. An application for waiver shall be investigated by the Financial Clerk of the Senate who shall submit a written report of his investigation to the Secretary of the Senate. An application for waiver of a claim in an amount aggregating more than $500 shall also be investigated by the Comptroller General of the United States who shall submit a written report of his investigation to the Secretary of the Senate. (b) Prohibition of waiver The Secretary of the Senate may not exercise his authority under this section to waive any claim - (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the Vice President, the Senator, the officer or employee, or any other person having an interest in obtaining a waiver of the claim; or (2) if the application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered. (c) Credit for waiver In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section. (d) Effect of waiver An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes. (e) Construction with other laws This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States. (f) Rules and regulations The Secretary of the Senate shall promulgate rules and regulations to carry out the provisions of this section. -SOURCE- (Pub. L. 93-359, Sec. 2, July 25, 1974, 88 Stat. 394.) -CROSS- CROSS REFERENCES Claims for overpayment of pay or allowances to employees of agencies generally, see section 5584 of Title 5, Government Organization and Employees. ------DocID 7333 Document 426 of 1400------ -CITE- 2 USC Sec. 130d -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 130d. Waiver by Speaker of House of claims of United States arising out of erroneous payments to officers or employees paid by Clerk of House -STATUTE- (a) Waiver of claim for erroneous payment of pay or allowances A claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, on or after July 25, 1974, to an officer or employee whose pay is disbursed by the Clerk of the House of Representatives, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by the Speaker of the House, if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official. (b) Investigation and report An application for waiver of a claim shall be investigated by the Clerk of the House of Representatives who shall submit a written report of his investigation to the Speaker of the House. (c) Prohibition of waiver The Speaker of the House may not exercise his authority under this section to waive any claim - (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the officer or employee or any other person having an interest in obtaining a waiver of the claim; or (2) if the application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered. (d) Credit for waiver In the audit and settlement of the accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section. (e) Effect of waiver An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes. (f) Construction with other laws This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States. (g) Rules and regulations The Speaker of the House shall prescribe rules and regulations to carry out the provisions of this section. -SOURCE- (Pub. L. 93-359, Sec. 3, July 25, 1974, 88 Stat. 395.) -CROSS- CROSS REFERENCES Claims for overpayment of pay or allowances to employees of agencies generally, see section 5584 of Title 5, Government Organization and Employees. ------DocID 7334 Document 427 of 1400------ -CITE- 2 USC Sec. 130e -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 130e. Special Services Office -STATUTE- There is established, as a joint office of Congress, the Special Services Office, which (under the supervision and control of a board, to be known as the Special Services Board, comprised of the Clerk of the House of Representatives, the Sergeant at Arms and Doorkeeper of the Senate, and the Librarian of Congress) shall provide special services to Members of Congress, and to officers, employees, and guests of Congress. -SOURCE- (Pub. L. 101-163, title III, Sec. 310, Nov. 21, 1989, 103 Stat. 1065.) -COD- CODIFICATION Section is from the Legislative Branch Appropriations Act, 1990. ------DocID 7335 Document 428 of 1400------ -CITE- 2 USC CHAPTER 5 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- CHAPTER 5 - LIBRARY OF CONGRESS -MISC1- Sec. 131. Collections composing Library; location. 132. Departments of Library. 132a. Appropriations for increase of general library. 132b. Joint Committee on the Library. 133. Joint Committee during recess of Congress. 134. Incidental expenses of law library. 135. Purchase of books for law library. 135a. Books and sound-reproduction records for blind and other physically handicapped residents; annual appropriations; purchases. 135a-1. Library of musical scores, instructional texts, and other specialized materials for use of blind persons or other physically handicapped residents; authorization of appropriations. 135b. Local and regional centers; preference to blind and other physically handicapped veterans; rules and regulations; authorization of appropriations. 136. Librarian of Congress; appointment; rules and regulations. 136a, 136a-1. Omitted. 136a-2. Librarian of Congress and Deputy Librarian of Congress; compensation. 136b. Omitted. 136c. Authorized additional expenses and services for which Library of Congress salary appropriations are available. 137. Use and regulation of law library. 137a, 137b. Omitted. 137c. Withdrawal of books from Library of Congress. 138. Law library; hours kept open. 139. Report of Librarian of Congress. 140. Employees; fitness. 141. Duties of Architect of the Capitol and Librarian of Congress. 142. Omitted. 142a. Office of administrative assistant and disbursing officer in Library of Congress abolished; transfer of duties to appointee of Librarian. 142b. Certifying officers of the Library of Congress; accountability; relief by Comptroller General. 142c. Enforcement of liability of certifying officers of Library of Congress. 142d. Disbursing officer of the Library of Congress; disbursements in accordance with voucher; examination of vouchers; liability. 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. 142f. Office of Technology Assessment; disbursement of funds, computation and disbursement of basic pay, and provision of financial management support by Library of Congress. 142g. Copyright Royalty Tribunal; computation and disbursement of pay of Tribunal personnel by Library of Congress. 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. 142i. United States Capitol Preservation Commission; provision of financial management services and support by Library of Congress. 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. 142k. Library of Congress disbursing office; payroll processing functions. 143. Appropriations for Library Building and Grounds. 143a. Disbursement of funds. 143b. Payments in advance for subscriptions or other charges. 144. Copies of Statutes at Large. 145. Copies of journals and documents. 145a. Periodical binding of printed hearings of committee testimony. 146. Deposit of Journals of Senate and House. 147, 148. Repealed. 149. Transfer of books to other libraries. 150. Sale of copies of card indexes and other publications. 151. Smithsonian Library. 152. Care and use of Smithsonian Library. 153. Control of library of House of Representatives. 154. Library of Congress Trust Fund Board; members; quorum; seal; rules and regulations. 155. Compensation and expenses of Library of Congress Trust Fund Board. 156. Gifts, etc., to Library of Congress Trust Fund Board. 157. Funds of Library of Congress Trust Fund Board; management of. 158. Deposits by Library of Congress Trust Fund Board with Treasurer of United States. 159. Perpetual succession and suits by or against Library of Congress Trust Fund Board. 160. Disbursement of gifts, etc., to Library. 161. Tax exemption of gifts, etc., to Library of Congress. 162. Compensation of Library of Congress employees. 162a. Gross salary of Library of Congress employees. 163. Report to Congress by Library of Congress Trust Fund Board. 164. Index and digest of State legislation; preparation. 164a. Official distribution of State legislation index and digest. 165. Authorization for appropriation for biennial index. 166. Congressional Research Service. (a) Redesignation of Legislative Reference Service. (b) Functions and objectives. (c) Appointment and compensation of Director, Deputy Director, and other necessary personnel; minimum grade for Senior Specialists; placement in grades GS-16, 17, and 18 of Specialists and Senior Specialists; appointment without regard to civil service laws and political affiliation and on basis of fitness to perform duties. (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. (e) Specialists and Senior Specialists; appointment; fields of appointment. (f) Duties of Director; establishment and change of research and reference divisions or other organizational units, or both. (g) Budget estimates. (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. (i) Special report to Joint Committee on the Library. (j) Authorization of appropriations. 167. Buildings and grounds; designation of employees as police. 167a. Public use of Library of Congress grounds. 167b. Sales, advertisements, and solicitations in Library buildings and grounds. 167c. Injuries to Library property. 167d. Firearms or fireworks; speeches; objectionable language in Library buildings and grounds. 167e. Parades, assemblages or display of flags in Library buildings and grounds. 167f. Regulations for Library buildings and grounds; publication; effective date. 167g. Prosecution and punishment of offenses in Library buildings and grounds. 167h. Jurisdiction of police within library buildings, grounds, and adjacent streets. 167i. Suspension of prohibitions against use of Library buildings and grounds. 167j. Area comprising Library of Congress grounds; 'buildings and grounds' defined. 168. Constitution of the United States; preparation and publication of revised edition; annotations; supplements; decennial editions and supplements. 168a. Printing of Constitution Annotated as Senate documents. 168b. Printing and distribution of additional copies of Constitution Annotated. 168c. Printing and distribution of decennial editions and supplements to Constitution Annotated. 168d. Authorization of appropriations for Constitution Annotated. 169. Positions in Library of Congress exempt from citizenship requirement. 170. American Television and Radio Archives. (a) Establishment and maintenance in Library of Congress; purpose; determination of composition, cataloging, indexing and availability by Librarian. (b) Reproduction, compilation, and distribution for research of regularly scheduled newscasts or on-the-spot coverage of news events by Librarian; promulgation of regulations. (c) Liability for copyright infringement by Librarian or any employee of Librarian. (d) Short title. 171. Congressional declaration of findings and purpose as to Center for the Book. 172. Definitions. 173. Establishment of Center for the Book. 174. Function of Center for the Book. 175. Administrative provisions. 176. Mass Book Deacidification Facility; operation by Librarian of Congress. 177. Poet Laureate Consultant in Poetry. (a) Recognition. (b) Position established. (c) Poetry program. 178. National film preservation; Congressional findings. 178a. National Film Registry. 178b. Duties of Librarian of Congress. (a) Powers. (b) Composition of panel. (c) Appeals to Librarian. (c) Registry collection. 178c. Labeling requirements. (a) Label required. (b) Effective date of label. (c) Exceptions. (d) Requirements of label. 178d. Misuse of seal. 178e. Remedies. (a) Jurisdiction and standing. (b) Relief. 178f. Limitations of remedies. 178g. National Film Preservation Board. (a) Number and appointment. (b) Chairperson. (c) Term of office. (d) Quorum. (e) Basic pay. (f) Meetings. (g) Conflict of interests. 178h. Staff of Board; experts and consultants. (a) Staff. (b) Applicability of certain civil service laws. (c) Experts and consultants. 178i. Powers of Board. (a) In general. (b) Nomination of films. 178j. Definitions. (a) Definitions for sections 178 through 178l. (b) Exclusion from definition of 'material alteration'. 178k. Authorization of appropriations. 178l. Effective date. ------DocID 7336 Document 429 of 1400------ -CITE- 2 USC Sec. 131 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 131. Collections composing Library; location -STATUTE- 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. -SOURCE- (R.S. Sec. 80; Feb. 19, 1897, ch. 265, Sec. 1, 29 Stat. 545, 546; Oct. 19, 1976, Pub. L. 94-553, title I, Sec. 105(g), 90 Stat. 2599; Dec. 22, 1987, Pub. L. 100-202, Sec. 101(i) (title III, Sec. 310), 101 Stat. 1329-290, 1329-310.) -COD- CODIFICATION R.S. Sec. 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, Sec. 1, 13 Stat. 148; Res. July 25, 1866, No. 77, 14 Stat. 365, and act Mar. 2, 1867, ch. 167, Sec. 1, 14 Stat. 464. -MISC3- AMENDMENTS 1987 - Pub. L. 100-202 struck out second sentence which provided that: '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'. 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. 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. 'Sec. 2. There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this Act.' ------DocID 7337 Document 430 of 1400------ -CITE- 2 USC Sec. 132 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 132. Departments of Library -STATUTE- The Library of Congress shall be arranged in two departments, a general library and a law library. -SOURCE- (R.S. Sec. 81.) -COD- CODIFICATION R.S. Sec. 81 derived from act July 14, 1832, ch. 221, Sec. 1, 4 Stat. 579. ------DocID 7338 Document 431 of 1400------ -CITE- 2 USC Sec. 132a -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 132a. Appropriations for increase of general library -STATUTE- 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. -SOURCE- (R.S. Sec. 82; Feb. 7, 1902, No. 5, 32 Stat. 735; Aug. 2, 1946, ch. 753, title II, Sec. 223, 60 Stat. 838.) -COD- CODIFICATION R.S. Sec. 82 derived from acts Apr. 24, 1800, ch. 37, Sec. 5, 2 Stat. 56, and Jan. 26, 1802, ch. 2, Sec. 6, 2 Stat. 129. -MISC3- AMENDMENTS 1946 - Act Aug. 2, 1946, changed composition of Joint Committee. See section 132b of this title. 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 72a of this title. -CROSS- CROSS REFERENCES Librarian of Congress to make rules and regulations for government of library, see section 136 of this title. ------DocID 7339 Document 432 of 1400------ -CITE- 2 USC Sec. 132b -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 132b. Joint Committee on the Library -STATUTE- 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 Administration of the House of Representatives. -SOURCE- (Aug. 2, 1946, ch. 753, title II, Sec. 223, 60 Stat. 838.) -MISC1- EFFECTIVE DATE Section effective Jan. 3, 1947, see section 245 of act Aug. 2, 1946, set out as a note under section 72a of this title. ------DocID 7340 Document 433 of 1400------ -CITE- 2 USC Sec. 133 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 133. Joint Committee during recess of Congress -STATUTE- 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. -SOURCE- (Mar. 3, 1883, ch. 141, Sec. 2, 22 Stat. 592; Aug. 2, 1946, ch. 753, title II, Sec. 223, 60 Stat. 838.) -MISC1- AMENDMENTS 1946 - Act Aug. 2, 1946, changed composition of Joint Committee. See section 132b of this title. 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 72a of this title. ------DocID 7341 Document 434 of 1400------ -CITE- 2 USC Sec. 134 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 134. Incidental expenses of law library -STATUTE- The incidental expenses of the law library shall be paid out of the appropriations for the Library of Congress. -SOURCE- (R.S. Sec. 83.) -COD- CODIFICATION R.S. Sec. 83 derived from act July 14, 1832, ch. 221, Sec. 3, 4 Stat. 579. ------DocID 7342 Document 435 of 1400------ -CITE- 2 USC Sec. 135 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 135. Purchase of books for law library -STATUTE- 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. -SOURCE- (R.S. Sec. 84.) -COD- CODIFICATION R.S. Sec. 84 derived from act July 14, 1832, ch. 221, Sec. 4, 4 Stat. 579. ------DocID 7343 Document 436 of 1400------ -CITE- 2 USC Sec. 135a -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 135a. Books and sound-reproduction records for blind and other physically handicapped residents; annual appropriations; purchases -STATUTE- 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, or sound-reproduction recordings or in any other form, and for purchase, maintenance, and replacement of reproducers for such sound-reproduction recordings, for the use of the blind and for other physically handicapped residents of the United States, including the several States, Territories, insular possessions, and the District of Columbia, all of which books, recordings, and reproducers will remain the property of the Library of Congress but will be loaned to blind and to other physically handicapped readers certified by competent authority as unable to read normal printed material as a result of physical limitations, under regulations prescribed by the Librarian of Congress for this service. In the purchase of books in either raised characters or in sound-reproduction recordings the Librarian of Congress, without reference to the provisions of section 5 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. -SOURCE- (Mar. 3, 1931, ch. 400, Sec. 1, 46 Stat. 1487; Mar. 4, 1933, ch. 279, 47 Stat. 1570; June 14, 1935, ch. 242, Sec. 1, 49 Stat. 374; Apr. 23, 1937, ch. 125, Sec. 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, Sec. 1, 56 Stat. 764; June 13, 1944, ch. 246, Sec. 1, 58 Stat. 276; Aug. 8, 1946, ch. 868, Sec. 1, 60 Stat. 908; July 3, 1952, ch. 566, 66 Stat. 326; Sept. 7, 1957, Pub. L. 85-308, Sec. 1, 71 Stat. 630; July 30, 1966, Pub. L. 89-522, Sec. 1, 80 Stat. 330.) -MISC1- AMENDMENTS 1966 - Pub. L. 89-522 extended 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'. EFFECTIVE DATE OF 1957 AMENDMENT Section 2 of Pub. L. 85-308 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 Section 2 of act Aug. 8, 1946, 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 Section 2 of act June 13, 1944, 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 Section 2 of act Oct. 1, 1942, 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 Section 2 of act Apr. 23, 1937, 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.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 135b of this title; title 39 section 3403. ------DocID 7344 Document 437 of 1400------ -CITE- 2 USC Sec. 135a-1 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 135a-1. Library of musical scores, instructional texts, and other specialized materials for use of blind persons or other physically handicapped residents; authorization of appropriations -STATUTE- (a) The Librarian of Congress shall establish and maintain a library of musical scores, instructional texts, and other specialized materials for the use of the blind and for other physically handicapped residents of the United States and its possessions in furthering their educational, vocational, and cultural opportunities in the field of music. Such scores, texts, and materials shall be made available on a loan basis under regulations developed by the Librarian or his designee in consultation with persons, organizations, and agencies engaged in work for the blind and for other physically handicapped persons. (b) There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this section. -SOURCE- (Pub. L. 87-765, Oct. 9, 1962, 76 Stat. 763; Pub. L. 89-522, Sec. 2, July 30, 1966, 80 Stat. 331.) -MISC1- AMENDMENTS 1966 - Pub. L. 89-522 made the library of musical scores and materials available to other physically handicapped residents of the United States and added persons, organizations, and agencies engaged in work for physically handicapped persons to the groups with which the Librarian shall consult in making the materials available on a loan basis. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 135b of this title. ------DocID 7345 Document 438 of 1400------ -CITE- 2 USC Sec. 135b -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 135b. Local and regional centers; preference to blind and other physically handicapped veterans; rules and regulations; authorization of appropriations -STATUTE- (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 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. -SOURCE- (Mar. 3, 1931, ch. 400, Sec. 2, 46 Stat. 1487; July 30, 1966, Pub. L. 89-522, Sec. 1, 80 Stat. 330.) -MISC1- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 3403. ------DocID 7346 Document 439 of 1400------ -CITE- 2 USC Sec. 136 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 136. Librarian of Congress; appointment; rules and regulations -STATUTE- The Librarian of Congress shall be appointed by the President, by and with the advice and consent of the Senate. He shall make rules and regulations for the government of the Library. -SOURCE- (Feb. 19, 1897, ch. 265, Sec. 1, 29 Stat. 544, 546; June 6, 1972, Pub. L. 92-310, title II, Sec. 220(f), 86 Stat. 204.) -MISC1- PRIOR PROVISIONS R.S. Sec. 88, 89, 4950, which were repealed by acts Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat. 1349; Mar. 3, 1933, ch. 202, Sec. 1, 47 Stat. 1428, 1431. AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which required the Librarian of Congress to give a bond in the sum of $20,000. ------DocID 7347 Document 440 of 1400------ -CITE- 2 USC Sec. 136a, 136a-1 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 136a, 136a-1. Omitted -COD- CODIFICATION Sections were superseded by section 136a-2 of this title. Section 136a, Pub. L. 88-426, title II, Sec. 203(c), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90-206, title II, Sec. 219(2), 225(h), Dec. 16, 1967, 81 Stat. 639, 644; Pub. L. 94-82, title II, Sec. 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, Sec. 5(a), 63 Stat. 890, which contained similar provisions, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 647, 655. Section 136a-1, Pub. L. 88-426, title II, Sec. 203(d), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90-206, title II Sec. 219(3), 225(h), Dec. 16, 1967, 81 Stat. 639, 644; Pub. L. 94-82, title II, Sec. 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. ------DocID 6944 Document 441 of 1400------ -CITE- 2 USC Sec. 29d -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 29d. Committee on Standards of Official Conduct of House of Representatives -STATUTE- (a) Omitted (b) Committee composition The respective party caucus or conference of the House of Representatives shall each nominate to the House of Representatives at the beginning of each Congress 7 members to serve on the Committee on Standards of Official Conduct. (c) Investigative subcommittees The Committee on Standards of Official Conduct shall adopt rules providing - (1) for the establishment of a 4 or 6-member investigative subcommittee (with equal representation from the majority and minority parties) whenever the committee votes to undertake any investigation; (2) that the senior majority and minority members on an investigative subcommittee shall serve as the chairman and ranking minority member of the subcommittee; and (3) that the chairman and ranking minority member of the full committee may only serve as non-voting, ex officio members on an investigative subcommittee. Clause 5(d) of rule XI of the Rules of the House of Representatives shall not apply to any investigative subcommittee. (d) Adjudicatory subcommittees The Committee on Standards of Official Conduct shall adopt rules providing - (1) that upon the completion of an investigation, an investigative subcommittee shall report its findings and recommendations to the committee; (2) that, if an investigative subcommittee by majority vote of its membership adopts a statement of alleged violation, the remaining members of the committee shall comprise an adjudicatory subcommittee to hold a disciplinary hearing on the violation alleged in the statement; (3) that any statement of alleged violation and any written response thereto shall be made public at the first meeting or hearing on the matter which is open to the public after the respondent has been given full opportunity to respond to the statement in accordance with committee rules, but, if no public hearing or meeting is held on the matter, the statement of alleged violation and any written response thereto shall be included in the committee's final report to the House of Representatives as required by clause 4(e)(1)(B) of rule X of the Rules of the House of Representatives; (4) that a quorum for an adjudicatory subcommittee for the purpose of taking testimony and conducting any business shall consist of a majority of the membership of the subcommittee plus one; and (5) that an adjudicatory subcommittee shall determine, after receiving evidence, whether the counts in the statement have been proved and shall report its findings to the committee. Clause 5(d) of rule XI of the Rules of the House of Representatives shall not apply to any adjudicatory subcommittee. (e) to (h) Omitted (i) Advice and education (1) The Committee on Standards of Official Conduct shall establish within the committee an Office on Advice and Education (hereinafter in this subsection referred to as the 'Office') under the supervision of the chairman. (2) The Office shall be headed by a director who shall be appointed by the chairman, in consultation with the ranking minority member, and shall be comprised of such staff as the chairman determines is necessary to carry out the responsibilities of the Office. (3) The primary responsibilities of the Office shall include: (A) Providing information and guidance to Members, officers and employees of the House regarding any laws, rules, regulations, and other standards of conduct applicable to such individuals in their official capacities, and any interpretations and advisory opinions of the committee. (B) Submitting to the chairman and ranking minority member of the committee any written request from any such Member, officer or employee for an interpretation of applicable laws, rules, regulations, or other standards of conduct, together with any recommendations thereon. (C) Recommending to the committee for its consideration formal advisory opinions of general applicability. (D) Developing and carrying out, subject to the approval of the chairman, periodic educational briefings for Members, officers and employees of the House on those laws, rules, regulations, or other standards of conduct applicable to them. (4) No information provided to the Committee on Standards of Official Conduct by a Member, officer or employee of the House of Representatives when seeking advice regarding prospective conduct of such Member, officer or employee may be used as the basis for initiating an investigation under clause 4(e)(1)(B) of rule X of the Rules of the House of Representatives, if such Member, officer or employee acts in accordance with the written advice of the committee. (j) Effective date This section shall take effect immediately before noon January 3, 1991, except that subsections (g), (h), and (i) shall take effect on January 1, 1990. -SOURCE- (Pub. L. 101-194, title VIII, Sec. 803, Nov. 30, 1989, 103 Stat. 1774.) -COD- CODIFICATION Section is comprised of section 803 of Pub. L. 101-194. Subsecs. (a) and (e) to (h) of section 803 amended the Rules of the House of Representatives which are not classified to the Code. -MISC3- ACCEPTANCE OF GIFTS; AMENDMENTS TO ADVISORY OPINIONS Section 801(e) of Pub. L. 101-194 provided that: 'The Committee on Standards of Official Conduct of the House of Representatives shall amend its advisory opinions relating to the acceptance of gifts (1) to prohibit lodging received as personal hospitality in excess of 30 days in any calendar year from any individual unless a written waiver is granted by the committee and (2) to exempt gifts of food and beverages consumed not in connection with gifts of lodging from coverage under clause 4 of rule XLIII of the Rules of the House of Representatives.' NONCAMPAIGN USE OF CAMPAIGN VEHICLES Section 802(e) of Pub. L. 101-194 provided that: 'The Committee on Standards of Official Conduct of the House of Representatives shall issue an advisory opinion to provide for appropriate conditions for the incidental noncampaign use of vehicles owned or leased by a campaign committee of a Member of the House of Representatives.' RESTRICTIONS ON REIMBURSABLE TRAVEL EXPENSES Section 805 of Pub. L. 101-194 provided that: '(a) Restrictions. - The Committee on Standards of Official Conduct of the House of Representatives shall amend its advisory opinions relating to the acceptance of necessary travel expenses incurred on or after January 1, 1990, in connection with speaking engagements and similar events to - '(1) prohibit the acceptance of such expenses for more than 4 consecutive days in the case of domestic travel and 7 consecutive days (excluding travel days) in the case of foreign travel; and '(2) permit the acceptance of travel expenses for the spouse or other family member in connection with any substantial participation event or fact-finding activity. '(b) Exemption Authority. - The Committee on Standards of Official Conduct of the House of Representatives is authorized to grant prior written exemptions from the limitations contained in subsection (a)(1) in exceptional circumstances.' ------DocID 7349 Document 442 of 1400------ -CITE- 2 USC Sec. 136b -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 136b. Omitted -COD- 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. ------DocID 7350 Document 443 of 1400------ -CITE- 2 USC Sec. 136c -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 136c. Authorized additional expenses and services for which Library of Congress salary appropriations are available -STATUTE- 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. -SOURCE- (Pub. L. 98-51, title II, Sec. 201, July 14, 1983, 97 Stat. 276.) -REFTEXT- 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. For complete classification of this Act to the Code, see Tables. ------DocID 7351 Document 444 of 1400------ -CITE- 2 USC Sec. 137 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 137. Use and regulation of law library -STATUTE- 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. -SOURCE- (R.S. Sec. 95.) -COD- CODIFICATION R.S. Sec. 95 derived from act July 14, 1832, ch. 221, Sec. 2, 4 Stat. 579. ------DocID 7352 Document 445 of 1400------ -CITE- 2 USC Sec. 137a, 137b -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 137a, 137b. Omitted -COD- CODIFICATION Section 137a, R.S. Sec. 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. -MISC3- 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.' ------DocID 7353 Document 446 of 1400------ -CITE- 2 USC Sec. 137c -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 137c. Withdrawal of books from Library of Congress -STATUTE- 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. -SOURCE- (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, Sec. 32(a), (b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.) -CHANGE- 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'. ------DocID 7354 Document 447 of 1400------ -CITE- 2 USC Sec. 138 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 138. Law library; hours kept open -STATUTE- The law library shall be kept open every day so long as either House of Congress is in session. -SOURCE- (July 11, 1888, ch. 615, Sec. 1, 25 Stat. 262.) ------DocID 7355 Document 448 of 1400------ -CITE- 2 USC Sec. 139 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 139. Report of Librarian of Congress -STATUTE- The Librarian of Congress shall make to Congress not later than April 1, a report for the preceding fiscal year, as to the affairs of the Library of Congress, including the copyright business, and said report shall also include a detailed statement of all receipts and expenditures on account of the Library and said copyright business. -SOURCE- (Feb. 19, 1897, ch. 265, Sec. 1, 29 Stat. 546; Apr. 21, 1976, Pub. L. 94-273, Sec. 30, 90 Stat. 380.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-273 substituted 'not later than April 1' for 'at the beginning of each regular session'. ------DocID 7356 Document 449 of 1400------ -CITE- 2 USC Sec. 140 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 140. Employees; fitness -STATUTE- 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. -SOURCE- (Feb. 19, 1897, ch. 265, Sec. 1, 29 Stat. 545; June 29, 1922, ch. 251, Sec. 1, 42 Stat. 715.) ------DocID 7357 Document 450 of 1400------ -CITE- 2 USC Sec. 141 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 141. Duties of Architect of the Capitol and Librarian of Congress -STATUTE- 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. -SOURCE- (June 29, 1922, ch. 251, Sec. 1, 42 Stat. 715; June 12, 1970, Pub. L. 91-280, 84 Stat. 309; Nov. 5, 1990, Pub. L. 101-520, title II, Sec. 205(b), 104 Stat. 2272; Nov. 15, 1990, Pub. L. 101-562, Sec. 2(a), 104 Stat. 2780.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-562 substituted 'the Library of Congress buildings and grounds (as defined in section 167j of this title)' for 'the Library Building and on the grounds'. Pub. L. 101-520 amended section in manner substantively identical to amendment by Pub. L. 101-562. 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. EFFECTIVE DATE OF 1990 AMENDMENTS Amendment by Pub. L. 101-562 and 101-520 effective on date Architect of the Capitol acquires the property and improvements described in Pub. L. 101-562, Sec. 1, and Pub. L. 101-520, Sec. 205(a), see sections 2(d) of Pub. L. 101-562 and 205(e) of Pub. L. 101-520, set out as a Special Facilities Center note below. SPECIAL FACILITIES CENTER Pub. L. 101-562, Nov. 15, 1990, 104 Stat. 2780, provided that: 'SECTION 1. ACQUISITION OF SPECIAL FACILITIES CENTER. 'The Architect of the Capitol may acquire on behalf of the United States Government by purchase, condemnation, transfer, or otherwise (A) 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 (B) improvements to such real property. 'SEC. 2. REPAIR, ALTERATION, AND EXEMPTIONS. '(a) Repairs and Alterations. - (Amended section 141 of this title.) '(b) Repair and Alteration Standards. - The property and improvements acquired under section 1 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. '(c) Library Buildings and Grounds. - (Amended section 167j of this title.) '(d) Effective Date. - Subsections (a) and (b) and the amendment made by subsection (c) shall take effect on the date the Architect of the Capitol acquires the property and improvements described in section 1. 'SEC. 3. PENALTY. (Amended section 167g of this title.) 'SEC. 4. AUTHORIZATION OF APPROPRIATION. 'There is authorized to be appropriated to the Architect of the Capitol $5,000,000 for carrying out the purposes of this Act, to remain available until expended.' Similar provisions were contained in Pub. L. 101-520, title II, Sec. 205, Nov. 5, 1990, 104 Stat. 2272. 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. 96-269, Sec. 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, Sec. 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, Sec. 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. 89-260, Oct. 19, 1965, 79 Stat. 987, as amended by Pub. L. 91-214, Sec. 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. 'Sec. 2. The structural and mechanical care of the building authorized by this joint resolution and the care of the surrounding grounds shall be under the Architect of the Capitol. 'Sec. 3. There is hereby authorized to be appropriated not to exceed $130,675,000 to construct the building authorized by this joint resolution (including the preparation of all necessary designs, plans, and specifications). 'There is also authorized to be appropriated not exceeding $10,000 to pay the expenses of the James Madison Memorial Commission.' PROHIBITION ON USE OF JAMES MADISON MEMORIAL BUILDING FOR GENERAL OFFICE PURPOSES Pub. L. 91-214, Sec. 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.' ------DocID 7358 Document 451 of 1400------ -CITE- 2 USC Sec. 142 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 142. Omitted -COD- CODIFICATION Section, act June 29, 1922, ch. 251, Sec. 1, 42 Stat. 715; Nov. 5, 1990, Pub. L. 101-520, title III, Sec. 307, 104 Stat. 2277, established office of administrative assistant and disbursing officer of Library of Congress which was abolished by section 142a of this title. ------DocID 7359 Document 452 of 1400------ -CITE- 2 USC Sec. 142a -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 142a. Office of administrative assistant and disbursing officer in Library of Congress abolished; transfer of duties to appointee of Librarian -STATUTE- 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. -SOURCE- (May 11, 1928, ch. 521, 45 Stat. 497; June 6, 1972, Pub. L. 92-310, title II, Sec. 220(h), 86 Stat. 205.) -REFTEXT- REFERENCES IN TEXT Section 142 of this title, referred to in text, was omitted from the Code. -MISC2- 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. -TRANS- 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, Sec. 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, Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231. See section 306 of Title 31, Money and Finance. ------DocID 7360 Document 453 of 1400------ -CITE- 2 USC Sec. 142b -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 142b. Certifying officers of the Library of Congress; accountability; relief by Comptroller General -STATUTE- 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. -SOURCE- (Pub. L. 85-53, Sec. 1, June 13, 1957, 71 Stat. 81; Pub. L. 92-310, title II, Sec. 220(k), June 6, 1972, 86 Stat. 205.) -COD- 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, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -MISC3- 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. -CROSS- CROSS REFERENCES General provisions concerning responsibilities of certifying officers, see section 3528 of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 142d of this title. ------DocID 7361 Document 454 of 1400------ -CITE- 2 USC Sec. 142c -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 142c. Enforcement of liability of certifying officers of Library of Congress -STATUTE- 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. -SOURCE- (Pub. L. 85-53, Sec. 2, June 13, 1957, 71 Stat. 81.) -CROSS- CROSS REFERENCES General provisions concerning enforcement of liability of certifying officers, see sections 3529 and 3541 of Title 31, Money and Finance. ------DocID 7362 Document 455 of 1400------ -CITE- 2 USC Sec. 142d -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 142d. Disbursing officer of the Library of Congress; disbursements in accordance with voucher; examination of vouchers; liability -STATUTE- 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. -SOURCE- (Pub. L. 85-53, Sec. 3, June 13, 1957, 71 Stat. 81.) ------DocID 7363 Document 456 of 1400------ -CITE- 2 USC Sec. 142e -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 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 -STATUTE- 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. -SOURCE- (Pub. L. 96-536, Sec. 101(c), Dec. 16, 1980, 94 Stat. 3167.) -COD- CODIFICATION In the second par., 'section 3726 of title 31' substituted for 'section 244 of title 31' on authority of Pub. L. 97-258, Sec. 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. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 96-86, Sec. 101(c) (H.R. 4390, title II, Sec. 207), Oct. 12, 1979, 93 Stat. 657. Pub. L. 95-391, title II, Sec. 207, Sept. 30, 1978, 92 Stat. 786. Pub. L. 95-94, title II, Sec. 207, Aug. 5, 1977, 91 Stat. 678. Pub. L. 94-440, title VIII, Sec. 808, Oct. 1, 1976, 90 Stat. 1458. Pub. L. 94-157, title I, ch. IV, Dec. 18, 1975, 89 Stat. 835. ------DocID 7364 Document 457 of 1400------ -CITE- 2 USC Sec. 142f -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 142f. Office of Technology Assessment; disbursement of funds, computation and disbursement of basic pay, and provision of financial management support by Library of Congress -STATUTE- 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 (FOOTNOTE 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. (FOOTNOTE 1) So in original. The word 'of' probably should not appear. 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. -SOURCE- (Pub. L. 97-51, Sec. 101(c), Oct. 1, 1981, 95 Stat. 959.) -COD- CODIFICATION In the second par., 'section 3726 of title 31' substituted for 'section 244 of title 31' on authority of Pub. L. 97-258, Sec. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 142h, 142j of this title. ------DocID 7365 Document 458 of 1400------ -CITE- 2 USC Sec. 142g -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 142g. Copyright Royalty Tribunal; computation and disbursement of pay of Tribunal personnel by Library of Congress -STATUTE- 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. -SOURCE- (Pub. L. 98-51, title II, Sec. 204, July 14, 1983, 97 Stat. 277.) -MISC1- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 97-276, Sec. 101(e) (S. 2939, title II, Sec. 204), Oct. 2, 1982, 96 Stat. 1189. Pub. L. 97-51, Sec. 101(c) (H.R. 4120, title II, Sec. 204), Oct. 1, 1981, 95 Stat. 959. Pub. L. 96-536, Sec. 101(c) (H.R. 7593, title II, Sec. 208), Dec. 16, 1980, 94 Stat. 3167. Pub. L. 96-86, Sec. 101(c) (H.R. 4390, title II, Sec. 208), Oct. 12, 1979, 93 Stat. 657. Pub. L. 95-391, title II, Sec. 208, Sept. 30, 1978, 92 Stat. 786. Pub. L. 95-94, title II, Sec. 208, Aug. 5, 1977, 91 Stat. 678. -CROSS- CROSS REFERENCES Staff of Tribunal, see section 805 of Title 17, Copyrights. ------DocID 7366 Document 459 of 1400------ -CITE- 2 USC Sec. 142h -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 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 -STATUTE- 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. -SOURCE- (Pub. L. 101-163, title I, Nov. 21, 1989, 103 Stat. 1054.) -MISC1- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation act: Pub. L. 100-458, title I, Oct. 1, 1988, 102 Stat. 2168. -CROSS- CROSS REFERENCES General provisions concerning Biomedical Ethics Board, see section 275 of Title 42, The Public Health and Welfare. ------DocID 7367 Document 460 of 1400------ -CITE- 2 USC Sec. 142i -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 142i. United States Capitol Preservation Commission; provision of financial management services and support by Library of Congress -STATUTE- 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. -SOURCE- (Pub. L. 101-45, title I, June 30, 1989, 103 Stat. 107.) ------DocID 7368 Document 461 of 1400------ -CITE- 2 USC Sec. 142j -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 142j. John C. Stennis Center for Public Service Training and Development; disbursement of funds, computation and disbursement of basic pay, and provision of financial management services and support by Library of Congress; payment for services -STATUTE- 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. -SOURCE- (Pub. L. 101-163, title II, Sec. 205, Nov. 21, 1989, 103 Stat. 1060.) ------DocID 7369 Document 462 of 1400------ -CITE- 2 USC Sec. 142k -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 142k. Library of Congress disbursing office; payroll processing functions -STATUTE- 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. -SOURCE- (Pub. L. 101-163, title II, Sec. 206, Nov. 21, 1989, 103 Stat. 1060.) ------DocID 7370 Document 463 of 1400------ -CITE- 2 USC Sec. 143 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 143. Appropriations for Library Building and Grounds -STATUTE- 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. -SOURCE- (June 29, 1922, ch. 251, Sec. 3, 42 Stat. 715.) -TRANS- 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, Sec. 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, Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231. See section 306 of Title 31, Money and Finance. ------DocID 7371 Document 464 of 1400------ -CITE- 2 USC Sec. 143a -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 143a. Disbursement of funds -STATUTE- 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. -SOURCE- (Pub. L. 96-536, Sec. 101(c), Dec. 16, 1980, 94 Stat. 3167.) -REFTEXT- 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 (Sec. 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). -COD- 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. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 96-86, Sec. 101(c) (H.R. 4390, title II, Sec. 203), Oct. 12, 1979, 93 Stat. 657. Pub. L. 95-391, title II, Sec. 203, Sept. 30, 1978, 92 Stat. 785. Pub. L. 95-94, title II, Sec. 203, Aug. 5, 1977, 91 Stat. 677. Pub. L. 94-440, title VIII, Sec. 803, Oct. 1, 1976, 90 Stat. 1457. Pub. L. 94-59, title VII, Sec. 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. ------DocID 7372 Document 465 of 1400------ -CITE- 2 USC Sec. 143b -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 143b. Payments in advance for subscriptions or other charges -STATUTE- 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. -SOURCE- (Pub. L. 96-536, Sec. 101(c), Dec. 16, 1980, 94 Stat. 3167.) -COD- 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. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 96-86, Sec. 101(c) (H.R. 4390, title II, Sec. 204), Oct. 12, 1979, 93 Stat. 657. Pub. L. 95-391, title II, Sec. 204, Sept. 30, 1978, 92 Stat. 786. Pub. L. 95-94, title II, Sec. 204, Aug. 5, 1977, 91 Stat. 677. Pub. L. 94-440, title VIII, Sec. 804, Oct. 1, 1976, 90 Stat. 1457. Pub. L. 94-59, title VII, Sec. 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. ------DocID 7373 Document 466 of 1400------ -CITE- 2 USC Sec. 144 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 144. Copies of Statutes at Large -STATUTE- 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. -SOURCE- (R.S. Sec. 96.) -COD- CODIFICATION R.S. Sec. 96 derived from act Feb. 5, 1859, ch. 22, Sec. 11, 11 Stat. 381. ------DocID 7374 Document 467 of 1400------ -CITE- 2 USC Sec. 145 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 145. Copies of journals and documents -STATUTE- 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. -SOURCE- (R.S. Sec. 97.) -COD- CODIFICATION R.S. Sec. 97 derived from Res. Jan. 2, 1857, No. 5, Sec. 5, 11 Stat. 253. -CROSS- CROSS REFERENCES Binding materials, generally, see section 1123 of Title 44, Public Printing and Documents. Copies of House and Senate documents to be deposited with Library of Congress, see section 701 of Title 44. Distribution of printed copies of Journals of Senate and House of Representatives, see section 713 of Title 44. ------DocID 7375 Document 468 of 1400------ -CITE- 2 USC Sec. 145a -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 145a. Periodical binding of printed hearings of committee testimony -STATUTE- 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. -SOURCE- (Aug. 2, 1946, ch. 753, title I, Sec. 141, 60 Stat. 834.) -MISC1- EFFECTIVE DATE Section effective Aug. 2, 1946, see section 142 of act Aug. 2, 1946. ------DocID 7376 Document 469 of 1400------ -CITE- 2 USC Sec. 146 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 146. Deposit of Journals of Senate and House -STATUTE- 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. -SOURCE- (R.S. Sec. 98.) -COD- CODIFICATION R.S. Sec. 98 derived from Res. Dec. 27, 1813, No. 1, 3 Stat. 140; Res. July 20, 1840, No. 5, 5 Stat. 409. ------DocID 7377 Document 470 of 1400------ -CITE- 2 USC Sec. 147 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 147. Repealed. Oct. 25, 1951, ch. 562, Sec. 1(l), 65 Stat. 638 -MISC1- Section, act June 6, 1900, ch. 791, Sec. 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. ------DocID 7378 Document 471 of 1400------ -CITE- 2 USC Sec. 148 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 148. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(l), 65 Stat. 701 -MISC1- Section, act Feb. 25, 1903, ch. 755, Sec. 1, 32 Stat. 865, related to transfer of books from executive departments to Library. See sections 471(c) and 472 of Title 40, Public Buildings, Property, and Works. ------DocID 7379 Document 472 of 1400------ -CITE- 2 USC Sec. 149 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 149. Transfer of books to other libraries -STATUTE- 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. -SOURCE- (Mar. 4, 1909, ch. 297, Sec. 1, 35 Stat. 858; Oct. 25, 1951, ch. 562, Sec. 4(1), 65 Stat. 640.) -MISC1- AMENDMENTS 1951 - Act Oct. 25, 1951, inserted proviso. -CROSS- CROSS REFERENCES Management and disposition of records, see sections 2101 et seq., 2501 et seq., 2901 et seq., 3101 et seq., and 3301 et seq. of Title 44, Public Printing and Documents. Transfer of miscellaneous books to District public library, see section 484-1 of Title 40, Public Buildings, Property, and Works. ------DocID 7380 Document 473 of 1400------ -CITE- 2 USC Sec. 150 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 150. Sale of copies of card indexes and other publications -STATUTE- 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. -SOURCE- (June 28, 1902, ch. 1301, Sec. 1, 32 Stat. 480; Aug. 5, 1977, Pub. L. 95-94, title IV, Sec. 405(a), 91 Stat. 682.) -MISC1- AMENDMENTS 1977 - Pub. L. 95-94 inserted provisions relating to crediting of the moneys deposited in the Treasury. EFFECTIVE DATE OF 1977 AMENDMENT Section 405(b) of Pub. L. 95-94 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect on October 1, 1977.' ------DocID 7381 Document 474 of 1400------ -CITE- 2 USC Sec. 151 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 151. Smithsonian Library -STATUTE- 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. -SOURCE- (R.S. Sec. 99.) -REFTEXT- 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'. -COD- CODIFICATION R.S. Sec. 99 derived from act Apr. 5, 1866, ch. 25, Sec. 1, 14 Stat. 13. -CROSS- CROSS REFERENCES Smithsonian Institution, see section 41 et seq. of Title 20, Education, and sections 1305 and 1321 of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 152 of this title. ------DocID 7382 Document 475 of 1400------ -CITE- 2 USC Sec. 152 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 152. Care and use of Smithsonian Library -STATUTE- 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. -SOURCE- (R.S. Sec. 100.) -COD- CODIFICATION R.S. Sec. 100 derived from act Apr. 5, 1866, ch. 25, Sec. 2, 14 Stat. 13. ------DocID 7383 Document 476 of 1400------ -CITE- 2 USC Sec. 153 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 153. Control of library of House of Representatives -STATUTE- 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. -SOURCE- (Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 964.) ------DocID 7384 Document 477 of 1400------ -CITE- 2 USC Sec. 154 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 154. Library of Congress Trust Fund Board; members; quorum; seal; rules and regulations -STATUTE- 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 of the Joint Committee on the Library, the Librarian of Congress, and two persons appointed by the President for a term of five years each (the first appointments being for three and five years, respectively). Three 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. -SOURCE- (Mar. 3, 1925, ch. 423, Sec. 1, 43 Stat. 1107; May 12, 1978, Pub. L. 95-277, 92 Stat. 236.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-277 inserted '(or an Assistant Secretary designated in writing by the Secretary of the Treasury)'. 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'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 160 of this title. ------DocID 7385 Document 478 of 1400------ -CITE- 2 USC Sec. 155 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 155. Compensation and expenses of Library of Congress Trust Fund Board -STATUTE- 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. -SOURCE- (Mar. 3, 1925, ch. 423, Sec. 1, 43 Stat. 1107.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 160 of this title. ------DocID 7386 Document 479 of 1400------ -CITE- 2 USC Sec. 156 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 156. Gifts, etc., to Library of Congress Trust Fund Board -STATUTE- 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. -SOURCE- (Mar. 3, 1925, ch. 423, Sec. 2, formerly Sec. 1, 43 Stat. 1107, renumbered Apr. 13, 1936, ch. 213, 49 Stat. 1205.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 160 of this title. ------DocID 7387 Document 480 of 1400------ -CITE- 2 USC Sec. 157 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 157. Funds of Library of Congress Trust Fund Board; management of -STATUTE- 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. -SOURCE- (Mar. 3, 1925, ch. 423, Sec. 2, formerly Sec. 1, 43 Stat. 1107, renumbered Apr. 13, 1936, ch. 213, 49 Stat. 1205.) -CROSS- CROSS REFERENCES Library of Congress gift fund and trust fund, investment account, to be classified on books of Treasury as trust funds, see section 1321 of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 160 of this title. ------DocID 7388 Document 481 of 1400------ -CITE- 2 USC Sec. 158 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 158. Deposits by Library of Congress Trust Fund Board with Treasurer of United States -STATUTE- 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. -SOURCE- (Mar. 3, 1925, ch. 423, Sec. 2, formerly Sec. 1, 43 Stat. 1107, renumbered Apr. 13, 1936, ch. 213, 49 Stat. 1205, and amended June 23, 1936, ch. 734, 49 Stat. 1894; July 3, 1962, Pub. L. 87-522, 76 Stat. 135; May 22, 1976, Pub. L. 94-289, 90 Stat. 521.) -MISC1- 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'. -CROSS- CROSS REFERENCES Library of Congress gift fund and trust fund, investment account, to be classified on books of Treasury as trust funds, see section 1321 of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 160 of this title. ------DocID 7389 Document 482 of 1400------ -CITE- 2 USC Sec. 159 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 159. Perpetual succession and suits by or against Library of Congress Trust Fund Board -STATUTE- 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. -SOURCE- (Mar. 3, 1925, ch. 423, Sec. 3, 43 Stat. 1108; Jan. 27, 1926, ch. 6, Sec. 1, 44 Stat. 2; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32 (a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.) -MISC1- AMENDMENTS 1926 - Act Jan. 27, 1926, inserted 'including the power to sell' in first sentence. -CHANGE- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 160 of this title. ------DocID 7390 Document 483 of 1400------ -CITE- 2 USC Sec. 160 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 160. Disbursement of gifts, etc., to Library -STATUTE- Nothing in sections 154 to 162 and 163 of this title shall be construed as prohibiting or restricting the Librarian of Congress from accepting in the name of the United States gifts or bequests of money for immediate disbursement in the interest of the Library, its collections, or its service. Such gifts or bequests, after acceptance by the librarian, shall be paid by the donor or his representative to the Treasurer of the United States, whose receipts shall be their acquittance. The Treasurer of the United States shall enter them in a special account to the credit of the Library of Congress and subject to disbursement by the librarian for the purposes in each case specified. -SOURCE- (Mar. 3, 1925, ch. 423, Sec. 4, 43 Stat. 1108.) ------DocID 7391 Document 484 of 1400------ -CITE- 2 USC Sec. 161 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 161. Tax exemption of gifts, etc., to Library of Congress -STATUTE- 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. -SOURCE- (Mar. 3, 1925, ch. 423, Sec. 5, 43 Stat. 1108; Oct. 2, 1942, ch. 576, 56 Stat. 765.) -MISC1- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 160 of this title; title 26 section 2055. ------DocID 7392 Document 485 of 1400------ -CITE- 2 USC Sec. 162 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 162. Compensation of Library of Congress employees -STATUTE- 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. -SOURCE- (Mar. 3, 1925, ch. 423, Sec. 6, 43 Stat. 1108; Jan. 27, 1926, ch. 6, Sec. 2, 44 Stat. 2; Aug. 19, 1964, Pub. L. 88-448, title IV, Sec. 401(j), 78 Stat. 491.) -COD- 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 281 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. -MISC3- 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'. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 160, 162a of this title; title 5 section 5533. ------DocID 7393 Document 486 of 1400------ -CITE- 2 USC Sec. 162a -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 162a. Gross salary of Library of Congress employees -STATUTE- 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. -SOURCE- (June 22, 1949, ch. 235, Sec. 101, 63 Stat. 226; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972.) -COD- 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. -MISC3- AMENDMENTS 1949 - Act Oct. 28, 1949, substituted 'Classification Act of 1949' for 'Classification Act of 1923'. 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, Sec. 8, 80 Stat. 632, 655. ------DocID 7394 Document 487 of 1400------ -CITE- 2 USC Sec. 163 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 163. Report to Congress by Library of Congress Trust Fund Board -STATUTE- The board shall submit to the Congress an annual report of the moneys or securities received and held by it and of its operations. -SOURCE- (Mar. 3, 1925, ch. 423, Sec. 7, 43 Stat. 1108.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 160 of this title. ------DocID 7395 Document 488 of 1400------ -CITE- 2 USC Sec. 164 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 164. Index and digest of State legislation; preparation -STATUTE- 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. -SOURCE- (Feb. 10, 1927, ch. 99, Sec. 1, 44 Stat. 1066; Feb. 28, 1929, ch. 367, Sec. 1, 45 Stat. 1398.) -MISC1- AMENDMENTS 1929 - Act Feb. 28, 1929, repealed provision that the Librarian of Congress report biennially to Congress an index and digest of State legislation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 164a, 165 of this title. ------DocID 7396 Document 489 of 1400------ -CITE- 2 USC Sec. 164a -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 164a. Official distribution of State legislation index and digest -STATUTE- 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. -SOURCE- (Feb. 28, 1929, ch. 367, Sec. 1, 45 Stat. 1398.) ------DocID 7397 Document 490 of 1400------ -CITE- 2 USC Sec. 165 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 165. Authorization for appropriation for biennial index -STATUTE- 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. -SOURCE- (Feb. 10, 1927, ch. 99, Sec. 2, 44 Stat. 1066.) ------DocID 7398 Document 491 of 1400------ -CITE- 2 USC Sec. 166 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 166. Congressional Research Service -STATUTE- (a) Redesignation of Legislative Reference Service The Legislative Reference Service in the Library of Congress is hereby continued as a separate department in the Library of Congress and is redesignated the 'Congressional Research Service'. (b) Functions and objectives It is the policy of Congress that - (1) the Librarian of Congress shall, in every possible way, encourage, assist, and promote the Congressional Research Service in - (A) rendering to Congress the most effective and efficient service, (B) responding most expeditiously, effectively, and efficiently to the special needs of Congress, and (C) discharging its responsibilities to Congress; and (2) the Librarian of Congress shall grant and accord to the Congressional Research Service complete research independence and the maximum practicable administrative independence consistent with these objectives. (c) Appointment and compensation of Director, Deputy Director, and other necessary personnel; minimum grade for Senior Specialists; placement in grades GS-16, 17, and 18 of Specialists and Senior Specialists; appointment without regard to civil service laws and political affiliation and on basis of fitness to perform duties (1) After consultation with the Joint Committee on the Library, the Librarian of Congress shall appoint the Director of the Congressional Research Service. The basic pay of the Director shall be at 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. (2) The Librarian of Congress, upon the recommendation of the Director, shall appoint a Deputy Director of the Congressional Research Service and all other necessary personnel thereof. The basic pay of the Deputy Director shall be fixed in accordance with chapter 51 (relating to classification) and subchapter III (relating to General Schedule pay rates) of chapter 53 of title 5, but without regard to section 5108(a) of such title. The basic pay of all other necessary personnel of the Congressional Research Service shall be fixed in accordance with chapter 51 (relating to classification) and subchapter III (relating to General Schedule pay rates) of chapter 53 of title 5, except that - (A) the grade of Senior Specialist in each field within the purview of subsection (e) of this section shall not be less than the highest grade in the executive branch of the Government to which research analysts and consultants, without supervisory responsibility, are currently assigned; and (B) the positions of Specialist and Senior Specialist in the Congressional Research Service may be placed in GS-16, 17, and 18 of the General Schedule of section 5332 of title 5, without regard to section 5108(a) of such title, subject to the prior approval of the Joint Committee on the Library, of the placement of each such position in any of such grades. (3) Each appointment made under paragraphs (1) and (2) of this subsection and subsection (e) of this section shall be without regard to the civil service laws, without regard to political affiliation, and solely on the basis of fitness to perform the duties of the position. (d) Duties of Service; assistance to Congressional committees; list of terminating programs and subjects for analysis; legislative data, studies, etc.; information research; digest of bills, preparation; legislation, purpose and effect, and preparation of memoranda; information and research capability, development It shall be the duty of the Congressional Research Service, without partisan bias - (1) upon request, to advise and assist any committee of the Senate or House of Representatives and any joint committee of Congress in the analysis, appraisal, and evaluation of legislative proposals within that committee's jurisdiction, or of recommendations submitted to Congress, by the President or any executive agency, so as to assist the committee in - (A) determining the advisability of enacting such proposals; (B) estimating the probable results of such proposals and alternatives thereto; and (C) evaluating alternative methods for accomplishing those results; and, by providing such other research and analytical services as the committee considers appropriate for these purposes, otherwise to assist in furnishing a basis for the proper evaluation and determination of legislative proposals and recommendations generally; and in the performance of this duty the Service shall have authority, when so authorized by a committee and acting as the agent of that committee, to request of any department or agency of the United States the production of such books, records, correspondence, memoranda, papers, and documents as the Service considers necessary, and such department or agency of the United States shall comply with such request; and further, in the performance of this and any other relevant duty, the Service shall maintain continuous liaison with all committees; (2) to make available to each committee of the Senate and House of Representatives and each joint committee of the two Houses, at the opening of a new Congress, a list of programs and activities being carried out under existing law scheduled to terminate during the current Congress, which are within the jurisdiction of the committee; (3) to make available to each committee of the Senate and House of Representatives and each joint committee of the two Houses, at the opening of a new Congress, a list of subjects and policy areas which the committee might profitably analyze in depth; (4) upon request, or upon its own initiative in anticipation of requests, to collect, classify, and analyze in the form of studies, reports, compilations, digests, bulletins, indexes, translations, and otherwise, data having a bearing on legislation, and to make such data available and serviceable to committees and Members of the Senate and House of Representatives and joint committees of Congress; (5) upon request, or upon its own initiative in anticipation of requests, to prepare and provide information, research, and reference materials and services to committees and Members of the Senate and House of Representatives and joint committees of Congress to assist them in their legislative and representative functions; (6) to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives; (7) upon request made by any committee or Member of the Congress, to prepare and transmit to such committee or Member a concise memorandum with respect to one or more legislative measures upon which hearings by any committee of the Congress have been announced, which memorandum shall contain a statement of the purpose and effect of each such measure, a description of other relevant measures of similar purpose or effect previously introduced in the Congress, and a recitation of all action taken theretofore by or within the Congress with respect to each such other measure; and (8) to develop and maintain an information and research capability, to include Senior Specialists, Specialists, other employees, and consultants, as necessary, to perform the functions provided for in this subsection. (e) Specialists and Senior Specialists; appointment; fields of appointment The Librarian of Congress is authorized to appoint in the Congressional Research Service, upon the recommendation of the Director, Specialists and Senior Specialists in the following broad fields: (1) agriculture; (2) American government and public administration; (3) American public law; (4) conservation; (5) education; (6) engineering and public works; (7) housing; (8) industrial organization and corporation finance; (9) international affairs; (10) international trade and economic geography; (11) labor and employment; (12) mineral economics; (13) money and banking; (14) national defense; (15) price economics; (16) science; (17) social welfare; (18) taxation and fiscal policy; (19) technology; (20) transportation and communications; (21) urban affairs; (22) veterans' affairs; and (23) such other broad fields as the Director may consider appropriate. Such Specialists and Senior Specialists, together with such other employees of the Congressional Research Service as may be necessary, shall be available for special work with the committees and Members of the Senate and House of Representatives and the joint committees of Congress for any of the purposes of subsection (d) of this section. (f) Duties of Director; establishment and change of research and reference divisions or other organizational units, or both The Director is authorized - (1) to classify, organize, arrange, group, and divide, from time to time, as he considers advisable, the requests for advice, assistance, and other services submitted to the Congressional Research Service by committees and Members of the Senate and House of Representatives and joint committees of Congress, into such classes and categories as he considers necessary to - (A) expedite and facilitate the handling of the individual requests submitted by Members of the Senate and House of Representatives, (B) promote efficiency in the performance of services for committees of the Senate and House of Representatives and joint committees of Congress, and (C) provide a basis for the efficient performance by the Congressional Research Service of its legislative research and related functions generally, and (2) to establish and change, from time to time, as he considers advisable, within the Congressional Research Service, such research and reference divisions or other organizational units, or both, as he considers necessary to accomplish the purposes of this section. (g) Budget estimates The Director of the Congressional Research Service will submit to the Librarian of Congress for review, consideration, evaluation, and approval, the budget estimates of the Congressional Research Service for inclusion in the Budget of the United States Government. (h) Experts or consultants, individual or organizational, and persons and organizations with specialized knowledge; procurement of temporary or intermittent assistance; contracts, nonpersonal and personal service; advertisement requirements inapplicable; end product; pay; travel time (1) The Director of the Congressional Research Service may procure the temporary or intermittent assistance of individual experts or consultants (including stenographic reporters) and of persons learned in particular or specialized fields of knowledge - (A) by nonpersonal service contract, without regard to any provision of law requiring advertising for contract bids, with the individual expert, consultant, or other person concerned, as an independent contractor, for the furnishing by him to the Congressional Research Service of a written study, treatise, theme, discourse, dissertation, thesis, summary, advisory opinion, or other end product; or (B) by employment (for a period of not more than one year) in the Congressional Research Service of the individual expert, consultant, or other person concerned, by personal service contract or otherwise, without regard to the position classification laws, at a rate of pay not in excess of the per diem equivalent of the highest rate of basic pay then currently in effect for the General Schedule of section 5332 of title 5, including payment of such rate for necessary travel time. (2) The Director of the Congressional Research Service may procure by contract, without regard to any provision of law requiring advertising for contract bids, the temporary (for respective periods not in excess of one year) or intermittent assistance of educational, research, or other organizations of experts and consultants (including stenographic reporters) and of educational, research, and other organizations of persons learned in particular or specialized fields of knowledge. (i) Special report to Joint Committee on the Library The Director of the Congressional Research Service shall prepare and file with the Joint Committee on the Library at the beginning of each regular session of Congress a separate and special report covering, in summary and in detail, all phases of activity of the Congressional Research Service for the immediately preceding fiscal year. (j) Authorization of appropriations There are hereby authorized to be appropriated to the Congressional Research Service each fiscal year such sums as may be necessary to carry on the work of the Service. -SOURCE- (Aug. 2, 1946, ch. 753, title II, Sec. 203(a), (b), 60 Stat. 836; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Oct. 26, 1970, Pub. L. 91-510, title III, Sec. 321(a), 84 Stat. 1181; Dec. 19, 1985, Pub. L. 99-190, Sec. 133, 99 Stat. 1322.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in subsec. (c)(3), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of that title. -MISC2- AMENDMENTS 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'. 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 72a of this title. EFFECTIVE DATE Section effective Aug. 2, 1946, see section 245 of that act, set out as a note under section 72a 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, Sec. 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, Sec. 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. 101-520, title I, Nov. 5, 1990, 104 Stat. 2269, provided: 'That notwithstanding any other provisions of law, the compensation of the Director of the Congressional Research Service, Library of Congress, shall be at an annual rate which is equal to the annual rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code.' Similar provisions were contained in the following prior appropriation acts: 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, Sec. 101(i) (title I), Dec. 22, 1987, 101 Stat. 1329-290, 1329-303. Pub. L. 99-500, Sec. 101(j) (H.R. 5203, title I), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 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. ------DocID 7399 Document 492 of 1400------ -CITE- 2 USC Sec. 167 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 167. Buildings and grounds; designation of employees as police -STATUTE- The Librarian of Congress may designate employees of the Library of Congress as police for duty with respect to the Library of Congress buildings and adjacent streets. The rank structure and pay for employees so designated shall be the same as the rank structure and pay for the Capitol Police. -SOURCE- (Aug. 4, 1950, ch. 561, Sec. 1, 64 Stat. 411; Oct. 21, 1968, Pub. L. 90-610, Sec. 1, 82 Stat. 1201; Dec. 5, 1973, Pub. L. 93-175, Sec. 1, 87 Stat. 693; Oct. 16, 1987, Pub. L. 100-135, Sec. 1(a), 101 Stat. 811.) -MISC1- AMENDMENTS 1987 - Pub. L. 100-135 amended section generally. Prior to amendment, section read as follows: '(a) The Librarian of Congress may designate employees of the Library of Congress as special policemen for duty in connection with policing of the Library of Congress buildings and grounds and adjacent streets and shall fix their rates of basic pay as follows: '(1) Private GS-7 - step one through five; '(2) Sergeant GS-8 - step one through five; '(3) Lieutenant GS-9 - step one through five; '(4) Senior Lieutenant GS-10 - step one through five; and '(5) Captain GS-11 - step one through seven. '(b) The Librarian of Congress may apply the provisions of subchapter V of chapter 55 of title 5 to members of the special police force of the Library of Congress.' 1973 - Subsec. (a)(1). Pub. L. 93-175 substituted 'Private GS-7 - step one through five' for 'Private - not to exceed the rate for GS-5, Step 5'. Subsec. (a)(2). Pub. L. 93-175 substituted 'Sergeant GS-8 - step one through five' for 'Sergeant - not to exceed the rate for GS-6, Step 5'. Subsec. (a)(3). Pub. L. 93-175 substituted 'Lieutenant GS-9 - step one through five' for 'Lieutenant - not to exceed the rate for GS-7, Step 5'. Subsec. (a)(4). Pub. L. 93-175 substituted 'Senior Lieutenant GS-10 - step one through five' for 'Senior Lieutenant - not to exceed the rate for GS-9, Step 5'. Subsec. (a)(5). Pub. L. 93-175 substituted 'Captain GS-11 - step one through seven' for 'Captain - not to exceed the rate for GS-10, Step 5'. 1968 - Pub. L. 90-610 struck out provisions which permitted the Librarian to designate employees as special policemen without additional compensation, and inserted provisions permitting designation of employees as special employees, prescribing their rates of basic pay, and empowering the Librarian to apply the provisions of subchapter V of chapter 55 of title 5 to members of the special police force. EFFECTIVE DATE OF 1987 AMENDMENT Section 3 of Pub. L. 100-135 provided that: 'The amendments made by section 1 (amending sections 167 and 167h of this title and section 5102 of Title 5, Government Organization and Employees) shall apply with respect to pay periods beginning after September 30, 1987, except that any pay increase for employees of the Library of Congress, pursuant to the amendments made by such section, shall be subject to appropriation and shall be implemented in four approximately equal annual increments, so that pay parity with the Capitol Police occurs beginning with the first pay period beginning after September 30, 1990.' EFFECTIVE DATE OF 1973 AMENDMENT Section 2 of Pub. L. 93-175 provided that: 'The amendment made by this Act (amending this section) shall take effect on the first day of the first pay period which begins on or after the date of enactment of this Act (Dec. 5, 1973).' EFFECTIVE DATE OF 1968 AMENDMENT Section 3 of Pub. L. 90-610 provided that: 'The amendments made by this Act (amending this section and section 5102 of Title 5, Government Organization and Employees) shall take effect on the first day of the first pay period which begins on or after the date of enactment of this Act (Oct. 21, 1968). Notwithstanding any provisions of this Act, no rate of basic pay shall be reduced by reason of the enactment of this Act.' TRANSITION RULE FOR CERTAIN EMPLOYEES Section 2 of Pub. L. 100-135 provided that: '(a) In General. - Notwithstanding the amendments made by section 1 (amending this section, section 167h of this title, and section 5102 of Title 5, Government Organization and Employees), each identified employee shall be paid in accordance with prior law until the earliest of - '(1) the first pay period during which the employee does not perform Sunday work or night work; '(2) the first pay period for which the pay of the employee, computed in accordance with the amendments made by section 1 and without regard to this section, exceeds the pay computed under prior law; or '(3) the first pay period beginning after September 30, 1989. '(b) Definitions. - As used in this section - '(1) the term 'identified employee' means an employee identified by the Librarian of Congress as an employee who (with respect to each of the thirteen pay periods immediately before the first pay period to which the amendments made by section 1 apply) is designated by the Librarian for police duty, at the rank of private, and receives additional pay for Sunday work or night work under section 5544 or section 5545 of title 5, United States Code; and '(2) the term 'prior law' means the first section of the Act entitled 'An Act relating to the policing of the buildings and grounds of the Library of Congress', approved August 4, 1950 (2 U.S.C. 167), as in effect immediately before the first pay period to which the amendments made by section 1 apply.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 167h, 167j of this title; title 5 section 5102. ------DocID 7400 Document 493 of 1400------ -CITE- 2 USC Sec. 167a -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 167a. Public use of Library of Congress grounds -STATUTE- Public travel in and occupancy of the Library of Congress grounds is restricted to the sidewalks and other paved surfaces. -SOURCE- (Aug. 4, 1950, ch. 561, Sec. 2, 64 Stat. 411.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 167f, 167g, 167h, 167i, 167j of this title. ------DocID 7401 Document 494 of 1400------ -CITE- 2 USC Sec. 167b -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 167b. Sales, advertisements, and solicitations in Library buildings and grounds -STATUTE- It shall be unlawful to offer or expose any article for sale in the Library of Congress buildings or grounds; to display any sign, placard, or other form of advertisement therein; or to solicit fares, alms, subscriptions, or contributions therein. -SOURCE- (Aug. 4, 1950, ch. 561, Sec. 3, 64 Stat. 411.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 167f, 167g, 167h, 167i, 167j of this title. ------DocID 7402 Document 495 of 1400------ -CITE- 2 USC Sec. 167c -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 167c. Injuries to Library property -STATUTE- It shall be unlawful to step or climb upon, remove, or in any way injure any statue, seat, wall fountain, or other erection or achitectural (FOOTNOTE 1) feature, or any tree, shrub, plant, or turf in the Library of Congress buildings or grounds. (FOOTNOTE 1) So in original. Probably should be 'architectural'. -SOURCE- (Aug. 4, 1950, ch. 561, Sec. 4, 64 Stat. 411.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 167f, 167g, 167h, 167i, 167j of this title. ------DocID 7403 Document 496 of 1400------ -CITE- 2 USC Sec. 167d -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 167d. Firearms or fireworks; speeches; objectionable language in Library buildings and grounds -STATUTE- It shall be unlawful to discharge any firearm, firework or explosive, set fire to any combustible, make any harangue or oration, or utter loud, threatening, or abusive language in the Library of Congress buildings or grounds. -SOURCE- (Aug. 4, 1950, ch. 561, Sec. 5, 64 Stat. 411.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 167f, 167g, 167h, 167i, 167j of this title. ------DocID 7404 Document 497 of 1400------ -CITE- 2 USC Sec. 167e -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 167e. Parades, assemblages or display of flags in Library buildings and grounds -STATUTE- It shall be unlawful to parade, stand, or move in processions or assemblages in the Library of Congress buildings or grounds, or to display therein any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement. -SOURCE- (Aug. 4, 1950, ch. 561, Sec. 6, 64 Stat. 411.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 167f, 167g, 167h, 167i, 167j of this title. ------DocID 7405 Document 498 of 1400------ -CITE- 2 USC Sec. 167f -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 167f. Regulations for Library buildings and grounds; publication; effective date -STATUTE- (a) In addition to the restrictions and requirements specified in sections 167a to 167e of this title, the Librarian of Congress may prescribe such regulations as may be deemed necessary for the adequate protection of the Library of Congress buildings and grounds and of persons and property therein, and for the maintenance of suitable order and decorum within the Library of Congress buildings and grounds. (b) All regulations promulgated under the authority of this section shall be printed in one or more of the daily newspapers published in the District of Columbia, and shall not become effective until the expiration of ten days after the date of such publication. -SOURCE- (Aug. 4, 1950, ch. 561, Sec. 7, 64 Stat. 411.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 167g, 167h, 167j of this title. ------DocID 7406 Document 499 of 1400------ -CITE- 2 USC Sec. 167g -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 167g. Prosecution and punishment of offenses in Library buildings and grounds -STATUTE- Whoever violates any provision of sections 167a to 167e of this title, or of any regulation prescribed under section 167f of this title, commits a Class B misdemeanor, prosecution for such offenses to be had in the Superior Court of the District of Columbia upon information by the United States attorney or any of his assistants: Provided, That in any case where, in the commission of any such offense, public property is damaged in an amount exceeding $100, the person commits a Class D felonly. -SOURCE- (Aug. 4, 1950, ch. 561, Sec. 8, 64 Stat. 412; July 8, 1963, Pub. L. 88-60, Sec. 1, 77 Stat. 77; July 29, 1970, Pub. L. 91-358, Sec. 111, 84 Stat. 473; Nov. 15, 1990, Pub. L. 101-562, Sec. 3, 104 Stat. 2781.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-562 substituted 'commits a Class B misdemeanor' for 'shall be fined not more than $100 or imprisoned not more than sixty days, or both' and 'the person commits a Class D felony' for 'the period of imprisonment for the offense may not be more than five years'. -CHANGE- CHANGE OF NAME 'District of Columbia Court of General Sessions' substituted in text for 'Municipal Court for the District of Columbia' pursuant to act Apr. 1, 1942, ch. 207, Sec. 1, 4, 56 Stat. 190, 192, which consolidated into a single court powers and functions of Police Court of District of Columbia and Municipal Court of District of Columbia, and Pub. L. 87-873, Sec. 1, Oct. 23, 1962, 76 Stat. 1171 and Pub. L. 88-60, Sec. 1, July 8, 1963, 77 Stat. 77, which both redesignated the 'Municipal Court for the District of Columbia' as the 'District of Columbia Court of General Sessions'. 'District of Columbia Court of General Sessions' changed to 'Superior Court of the District of Columbia' pursuant to Pub. L. 91-358, which provided that such change is effective the first day of the seventh calendar month which begins after July 29, 1970. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 167j of this title. ------DocID 7407 Document 500 of 1400------ -CITE- 2 USC Sec. 167h -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 167h. Jurisdiction of police within Library buildings, grounds, and adjacent streets -STATUTE- The police provided for in section 167 of this title shall have the power, within the Library of Congress buildings and grounds and adjacent streets, to enforce and make arrests for violations of any provision of sections 167a to 167e of this title, of any regulation prescribed under section 167f of this title, or of any law of the United States, any law of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto: Provided, That the Metropolitan Police force of the District of Columbia are authorized to make arrests within the Library of Congress buildings and grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Librarian of Congress or his assistants, to enter the Library of Congress buildings to make arrests in response to complaints or to serve warrants or to patrol the Library of Congress buildings or grounds. -SOURCE- (Aug. 4, 1950, ch. 561, Sec. 9, 64 Stat. 412; Dec. 24, 1973, Pub. L. 93-198, title VII, Sec. 739(g)(9), 87 Stat. 829; Oct. 16, 1987, Pub. L. 100-135, Sec. 1(b)(1), 101 Stat. 811.) -MISC1- AMENDMENTS 1987 - Pub. L. 100-135 substituted 'The police' for 'The special police'. 1973 - Pub. L. 93-198 inserted reference to violations of any law of the District of Columbia. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-135 applicable with respect to pay periods beginning after Sept. 30, 1987, except that any pay increase for employees of Library of Congress, pursuant to such amendment, to be subject to appropriation and to be implemented in four approximately equal annual increments, so that pay parity with Capitol Police occurs beginning with first pay period beginning after Sept. 30, 1990, see section 3 of Pub. L. 100-135, set out as a note under section 167 of this title. EFFECTIVE DATE OF 1973 AMENDMENT Section 771(e) of Pub. L. 93-198 provided that the amendment made by Pub. L. 93-198 is effective Jan. 2, 1975, if a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum accept the charter set out in Title IV of Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 785. The charter was approved by the voters on May 7, 1974. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 167j of this title. ------DocID 7408 Document 501 of 1400------ -CITE- 2 USC Sec. 167i -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 167i. Suspension of prohibitions against use of Library buildings and grounds -STATUTE- 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 167a to 167e of this title 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. -SOURCE- (Aug. 4, 1950, ch. 561, Sec. 10, 64 Stat. 412.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 167j of this title. ------DocID 7409 Document 502 of 1400------ -CITE- 2 USC Sec. 167j -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 167j. Area comprising Library of Congress grounds; 'buildings and grounds' defined -STATUTE- (a) For the purposes of sections 167 to 167j of this title 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) For the purposes of sections 167 to 167j of this title, 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) For the purpose of sections 167 to 167j of this title, 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. -SOURCE- (Aug. 4, 1950, ch. 561, Sec. 11, 64 Stat. 412; June 17, 1970, Pub. L. 91-281, 84 Stat. 309; Nov. 5, 1990, Pub. L. 101-520, title II, Sec. 205(d), 104 Stat. 2272; Nov. 15, 1990, Pub. L. 101-562, Sec. 2(c), 104 Stat. 2780.) -MISC1- AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-520 and Pub. L. 101-562 amended section generally, adding subsec. (c). 1970 - Pub. L. 91-281 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 1990 AMENDMENTS Amendment by Pub. L. 101-562 and Pub. L. 101-520 effective on date Architect of the Capitol acquires the property and improvements described in Pub. L. 101-562, Sec. 1, and Pub. L. 101-520, Sec. 205(a), see sections 2(d) of Pub. L. 101-562 and 205(e) of Pub. L. 101-520, set out as a Special Facilities Center note under section 141 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 141 of this title; title 40 section 136. ------DocID 7410 Document 503 of 1400------ -CITE- 2 USC Sec. 168 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 168. Constitution of the United States; preparation and publication of revised edition; annotations; supplements; decennial editions and supplements -STATUTE- 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. -SOURCE- (Pub. L. 91-589, Sec. 1, Dec. 24, 1970, 84 Stat. 1586.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 168b, 168d of this title. ------DocID 7411 Document 504 of 1400------ -CITE- 2 USC Sec. 168a -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 168a. Printing of Constitution Annotated as Senate documents -STATUTE- All hardbound revised editions and all cumulative pocket-part supplements shall be printed as Senate documents. -SOURCE- (Pub. L. 91-589, Sec. 2, Dec. 24, 1970, 84 Stat. 1586.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 168d of this title. ------DocID 7412 Document 505 of 1400------ -CITE- 2 USC Sec. 168b -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 168b. Printing and distribution of additional copies of Constitution Annotated -STATUTE- 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. -SOURCE- (Pub. L. 91-589, Sec. 3, Dec. 24, 1970, 84 Stat. 1586.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 168d of this title. ------DocID 7413 Document 506 of 1400------ -CITE- 2 USC Sec. 168c -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 168c. Printing and distribution of decennial editions and supplements to Constitution Annotated -STATUTE- 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. -SOURCE- (Pub. L. 91-589, Sec. 4, Dec. 24, 1970, 84 Stat. 1587.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 168d of this title. ------DocID 7414 Document 507 of 1400------ -CITE- 2 USC Sec. 168d -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 168d. Authorization of appropriations for Constitution Annotated -STATUTE- 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. -SOURCE- (Pub. L. 91-589, Sec. 5, Dec. 24, 1970, 84 Stat. 1587.) ------DocID 7415 Document 508 of 1400------ -CITE- 2 USC Sec. 169 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 169. Positions in Library of Congress exempt from citizenship requirement -STATUTE- 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. -SOURCE- (Pub. L. 98-51, title II, Sec. 202, July 14, 1983, 97 Stat. 276.) -MISC1- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Oct. 2, 1982, Pub. L. 97-276, Sec. 101(e) (S. 2939, title II, Sec. 202), 96 Stat. 1189. Oct. 1, 1981, Pub. L. 97-51, Sec. 101(c) (H.R. 4120, title II, Sec. 202), 95 Stat. 959. Dec. 16, 1980, Pub. L. 96-536, Sec. 101(c) (H.R. 7593, title II, Sec. 202), 94 Stat. 3167. Oct. 12, 1979, Pub. L. 96-86, Sec. 101(c) (H.R. 4390, title II, Sec. 202), 93 Stat. 657. Sept. 30, 1978, Pub. L. 95-391, title II, Sec. 202, 92 Stat. 785. Aug. 5, 1977, Pub. L. 95-94, title II, Sec. 202, 91 Stat. 677. Oct. 1, 1976, Pub. L. 94-440, title VIII, Sec. 802, 90 Stat. 1457. July 25, 1975, Pub. L. 94-59, title VII, Sec. 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. -CROSS- CROSS REFERENCES Restriction on employment of aliens generally, see section 3101 note of Title 5, Government Organization and Employees. ------DocID 7416 Document 509 of 1400------ -CITE- 2 USC Sec. 170 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 170. American Television and Radio Archives -STATUTE- (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; (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'. -SOURCE- (Pub. L. 94-553, title I, Sec. 113, Oct. 19, 1976, 90 Stat. 2601.) -MISC1- 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. ------DocID 7417 Document 510 of 1400------ -CITE- 2 USC Sec. 171 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 171. Congressional declaration of findings and purpose as to Center for the Book -STATUTE- 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. -SOURCE- (Pub. L. 95-129, Sec. 1, Oct. 13, 1977, 91 Stat. 1151.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 172 of this title. ------DocID 7418 Document 511 of 1400------ -CITE- 2 USC Sec. 172 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 172. Definitions -STATUTE- 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. -SOURCE- (Pub. L. 95-129, Sec. 2, Oct. 13, 1977, 91 Stat. 1151.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 171 of this title. ------DocID 7419 Document 512 of 1400------ -CITE- 2 USC Sec. 173 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 173. Establishment of Center for the Book -STATUTE- 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. -SOURCE- (Pub. L. 95-129, Sec. 3, Oct. 13, 1977, 91 Stat. 1151.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 171, 172 of this title. ------DocID 7420 Document 513 of 1400------ -CITE- 2 USC Sec. 174 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 174. Function of Center for the Book -STATUTE- 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. -SOURCE- (Pub. L. 95-129, Sec. 4, Oct. 13, 1977, 91 Stat. 1152.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 171, 172 of this title. ------DocID 7421 Document 514 of 1400------ -CITE- 2 USC Sec. 175 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 175. Administrative provisions -STATUTE- 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. -SOURCE- (Pub. L. 95-129, Sec. 5, Oct. 13, 1977, 91 Stat. 1152.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 171, 172 of this title. ------DocID 7422 Document 515 of 1400------ -CITE- 2 USC Sec. 176 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 176. Mass Book Deacidification Facility; operation by Librarian of Congress -STATUTE- Notwithstanding any other provision of law, the Librarian of Congress shall equip, furnish, operate, and maintain the Library of Congress Mass Book Deacidification Facility. -SOURCE- (Pub. L. 98-427, Sec. 2, Sept. 28, 1984, 98 Stat. 1656.) -MISC1- AUTHORIZATION TO CONSTRUCT FACILITY Section 1 of Pub. L. 98-427 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 Section 3 of Pub. L. 98-427 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).' ------DocID 7423 Document 516 of 1400------ -CITE- 2 USC Sec. 177 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 177. Poet Laureate Consultant in Poetry -STATUTE- (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. -SOURCE- (Pub. L. 99-194, title VI, Sec. 601, Dec. 20, 1985, 99 Stat. 1347.) ------DocID 7424 Document 517 of 1400------ -CITE- 2 USC Sec. 178 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 178. National film preservation; Congressional findings -STATUTE- The Congress finds that - (1) motion pictures are an indigenous American art form that has been emulated throughout the world; (2) certain motion pictures represent an enduring part of our Nation's historical and cultural heritage; and (3) it is appropriate and necessary for the Federal Government to recognize motion pictures as a significant American art form deserving of protection. -SOURCE- (Pub. L. 100-446, title I, Sec. 1, Sept. 27, 1988, 102 Stat. 1782.) -MISC1- SHORT TITLE Section 1 of Pub. L. 100-446 provided: 'That the following (enacting sections 178 to 178l of this title) may be cited as the 'National Film Preservation Act of 1988'.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178a, 178c, 178e, 178f, 178j, 178k, 178l of this title. ------DocID 7425 Document 518 of 1400------ -CITE- 2 USC Sec. 178a -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 178a. National Film Registry -STATUTE- The Librarian of Congress (hereafter in sections 178 to 178l of this title referred to as the 'Librarian') shall establish a National Film Registry pursuant to the provisions of sections 178 to 178l of this title for the purpose of registering films that are culturally, historically, or aesthetically significant. -SOURCE- (Pub. L. 100-446, title I, Sec. 2, Sept. 27, 1988, 102 Stat. 1782.) ------DocID 7426 Document 519 of 1400------ -CITE- 2 USC Sec. 178b -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 178b. Duties of Librarian of Congress -STATUTE- (a) Powers (1) The Librarian shall, after consultation with the Board established pursuant to section 178g of this title, and pursuant to the rulemaking procedures provided in subchapter II of chapter 5 of title 5, known as the Administrative Procedures Act - (A) establish criteria for guidelines pursuant to which such 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 theatrical release; (B) establish a procedure whereby the general public may make recommendations to the Board regarding the inclusion of films in such National Film Registry; and (C) establish general guidelines so that film owners and distributors are able to determine whether a version of a film registered on the National Film Registry which is in their possession has been materially altered. (2) In addition, the Librarian shall - (A) determine, from time to time, after consultation with the Board, which films satisfy the criteria developed pursuant to paragraph (1)(A) and qualify to be included in the National Film Registry, except that the Librarian shall not select more than 25 films per year for inclusion in such Registry; (B) convene, from time to time, a panel of experts, as provided in subsection (b) of this section, solely to advise the Board on whether it is necessary to petition Congress to revise the definition of 'material alteration'; (C) provide a seal to indicate that the film has been included in the National Film Registry as an enduring part of our national cultural heritage and such seal may then be used in the promotion of any version of such film that has not been materially altered; and (D) have published in the Federal Register the name of each film that is selected for inclusion in the National Film Registry. (3)(A) The Librarian shall submit annual reports to the appropriate Committees of the Congress listing films included on the National Film Registry and describing the criteria used in determining why specific films were included in the National Film Registry. (B) The first such report shall be submitted within 12 months after September 27, 1988. (b) Composition of panel The panel provided for in subsection (a)(2)(B) of this section shall be chosen by the Librarian. It shall be comprised of four persons, one representative each from the Motion Picture Association of America and the National Association of Broadcasters, and one representative of the Directors Guild of America and one representative of the Screen Actors Guild of America. The Presidents of these four organizations shall recommend three nominees to serve on such panel. (c) (FOOTNOTE 1) Appeals to Librarian (FOOTNOTE 1) So in original. Two subsecs. (c) have been enacted. (1) The owner, exhibitor, or distributor of a film may appeal to the Librarian - (A) objecting to the Board's recommendation of such film for inclusion in the National Film Registry; or (B) the determination that a version of a film which is included in the National Film Registry has been materially altered. (2) The Librarian shall refer such appeals to the Board for its recommendation. (c) (FOOTNOTE 1) Registry collection The Librarian shall endeavor to obtain, by gift from the owner, an archival quality copy of an original version of each film included in the National Film Registry. All films so received by the Librarian shall be maintained in a special collection in the Library of Congress to be known as the 'National Film Board Collection'. The Librarian shall, by regulation, provide for reasonable access to films in such collection. -SOURCE- (Pub. L. 100-446, title I, Sec. 3, Sept. 27, 1988, 102 Stat. 1782.) -REFTEXT- REFERENCES IN TEXT The Administrative Procedures Act, referred to in subsec. (a)(1), was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof principally in subchapter II (Sec. 551 et seq.) of chapter 5, and chapter 7 (Sec. 701 et seq.), of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178a, 178c, 178d, 178e, 178f, 178i, 178j, 178k, 178l of this title. ------DocID 7427 Document 520 of 1400------ -CITE- 2 USC Sec. 178c -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 178c. Labeling requirements -STATUTE- (a) Label required Except as otherwise provided in this section, no person shall knowingly distribute or exhibit to the public a materially altered version of a film included in the National Film Registry unless the version is labeled as required by this section. (b) Effective date of label Except as provided in subsection (c) of this section, any labeling requirement established pursuant to this section shall be effective 45 days after publication in the Federal Register indicating that a film has been selected for inclusion in the National Film Registry. (c) Exceptions With respect to films intended for home use through either retail purchase or rental, the provisions of subsection (b) of this section shall apply, however no requirements imposed under this section shall apply to - (1) a film which has been packaged for distribution prior to the effective date of such requirement with respect to such film, except that the provisions of this paragraph shall not apply if the packaging has been accelerated in contemplation of imposition of such requirement; or (2) a retail distributor of films for home use, other than a manufacturer or packager, who has in good faith relied on compliance with the provisions of sections 178 to 178l of this title by the manufacturer, wholesaler, or packager of a film. (d) Requirements of label (1)(A) A label for a materially altered version of a film, other than a colorized version, shall consist of a panel card immediately preceding the commencement of the film which bears the following statement: 'This is a materially altered version of the film originally marketed and distributed to the public. It has been altered without the participation of the principal director, screenwriter, and other creators of the original film.'. (B) Such a label shall appear in a conspicuous and legible type. (2)(A) A label for a colorized version of a film shall consist of a panel card immediately preceding the commencement of the film which bears the following statement: 'This is a colorized version of a film originally marketed and distributed to the public in black and white. It has been altered without the participation of the principal director, screenwriter, and other creators of the original film.'. (B) Such a label shall appear in a conspicuous and legible type. (3)(A) A label for a film package of a materially altered film, other than a colorized version, shall consist of - (i) an area of a rectangle on the front of the package which bears the following statement: 'This is a materially altered version of the film originally marketed and distributed to the public. It has been altered without the participation of the principal director, screenwriter, and other creators of the original film.'; and (ii) an area of a rectangle on the side of the package which bears the following statement: 'This is a materially altered version of the film originally marketed and distributed to the public. See front panel.'. (B) Such labels shall appear in a conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package. (4)(A) A label for a film package of a colorized version of a film shall consist of - (i) an area of a rectangle on the front of the package which bears the following statement: 'This is a colorized version of a film originally marketed and distributed to the public in black and white. It has been altered without the participation of the principal director, screenwriter, and other creators of the original film.'; and (ii) an area of a rectangle on the side of the package which bears the following statement: 'This is a colorized version of original work. See front panel.'. (B) Such labels shall appear in a conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package. -SOURCE- (Pub. L. 100-446, title I, Sec. 4, Sept. 27, 1988, 102 Stat. 1784.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178a, 178e, 178f, 178j, 178k, 178l of this title. ------DocID 7428 Document 521 of 1400------ -CITE- 2 USC Sec. 178d -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 178d. Misuse of seal -STATUTE- No person shall knowingly distribute or exhibit to the public a version of a film which bears a seal as described by section 178b(a)(2)(C) of this title if such film - (1) is not included in the National Film Registry; or (2) is included in the National Film Registry, but such version has been materially altered. -SOURCE- (Pub. L. 100-446, title I, Sec. 5, Sept. 27, 1988, 102 Stat. 1785.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178a, 178c, 178e, 178f, 178j, 178k, 178l of this title. ------DocID 7429 Document 522 of 1400------ -CITE- 2 USC Sec. 178e -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 178e. Remedies -STATUTE- (a) Jurisdiction and standing The several district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of sections 178c and 178d of this title upon the application of the Librarian to the Attorney General of the United States acting through the several United States Attorneys in their several districts. (b) Relief (1) Except as provided in paragraph (2), relief shall be limited to the prospective inclusion or application of, or removal of, a label as appropriate. (2) In the case in which the Librarian finds a pattern or practice of the willful violation of sections 178 to 178l of this title, the United States District Courts may order civil fines of not more than $10,000 and appropriate injunctive relief. -SOURCE- (Pub. L. 100-446, title I, Sec. 6, Sept. 27, 1988, 102 Stat. 1785.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178a, 178c, 178f, 178j, 178k, 178l of this title. ------DocID 7430 Document 523 of 1400------ -CITE- 2 USC Sec. 178f -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 178f. Limitations of remedies -STATUTE- (a) The remedies provided in section 178e of this title shall be the exclusive remedies under sections 178 to 178l of this title or any other Federal or State law, regarding the use of a seal as described by section 178b(a)(2)(C) of this title or labeling of materially altered films. (b) No remedies under section 178e of this title shall be available with respect to any film which is exempted from the labeling requirements of sections 178 to 178l of this title pursuant to section 178c(c) of this title. -SOURCE- (Pub. L. 100-446, title I, Sec. 7, Sept. 27, 1988, 102 Stat. 1785.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178a, 178c, 178e, 178j, 178k, 178l of this title. ------DocID 7431 Document 524 of 1400------ -CITE- 2 USC Sec. 178g -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 178g. National Film Preservation Board -STATUTE- (a) Number and appointment (1) The Librarian shall establish in the Library of Congress a National Film Preservation Board to be comprised of thirteen members, selected by the Librarian in accordance with the provisions of this paragraph. Each organization listed in subparagraphs (A) through (M) shall submit a list of not less than 3 qualified candidates to the Librarian. The Librarian shall appoint one member from each such list submitted by the following organizations, and shall designate from that list an alternate who may attend those meetings to which the individual appointed to the Board cannot attend: (A) the Academy of Motion Picture Arts and Sciences; (B) the Directors Guild of America; (C) the Writers Guild of America; (D) the National Society of Film Critics; (E) the Society for Cinema Studies; (F) the American Film Institute; (G) the Department of Theatre, Film and Television, College of Fine Arts at the University of California, Los Angeles; (H) the Department of Cinema Studies in the Graduate School of Arts and Science at New York University; (I) the University Film and Video Association; (J) the Motion Picture Association of America; (K) the National Association of Broadcasters; (L) the Association of Motion Picture and Television Producers; and (M) the Screen Actors Guild of America. (2) Before the Librarian selects nominees for such Board, such Librarian shall request that each of the entities listed in paragraph (1) who do not currently have a nominee on such Board nominate three individuals to serve on such Board. No individual may serve on the Board for more than one term and each entity shall be represented a comparable number of times. (b) Chairperson The Librarian shall appoint one member to serve as Chairperson. (c) Term of office (1) The term of each member of the Board shall be 3 years. (2) A vacancy in the Board shall be filled in the manner prescribed by the Librarian, except that no entity listed in subsection (a) of this section may have more than one nominee on the Board at any one time. Appointments may be made under this subsection without regard to section 5311(b) (FOOTNOTE 1) of title 5. Any member appointed to fill a vacancy before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. (FOOTNOTE 1) See References in Text note below. (d) Quorum Seven members of the Board shall constitute a quorum but a lesser number may hold hearings. (e) Basic pay Members of the Board shall serve without pay. While away from their homes or regular places of business in the performance of services for the Board, members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5. (f) Meetings The Board shall meet at least twice each calendar year and the first such meeting shall be within 120 days after September 27, 1988. Meetings shall be at the call of the Chairperson or a majority of its members. (g) Conflict of interests 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. -SOURCE- (Pub. L. 100-446, title I, Sec. 8, Sept. 27, 1988, 102 Stat. 1785.) -REFTEXT- REFERENCES IN TEXT Section 5311(b) of title 5, referred to in subsec. (c)(2), was repealed by Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 104(c)(1)), Nov. 5, 1990, 104 Stat. 1427, 1447. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178a, 178b, 178c, 178e, 178f, 178j, 178k, 178l of this title. ------DocID 7432 Document 525 of 1400------ -CITE- 2 USC Sec. 178h -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 178h. Staff of Board; experts and consultants -STATUTE- (a) Staff The Chairperson of the Board may appoint and fix the pay of such personnel as the Chairperson considers appropriate. (b) Applicability of certain civil service laws The staff of the Board may be appointed without regard to the provisions of title 5 governing 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 individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS-16 of the General Schedule. (c) Experts and consultants The Chairperson of the Board may 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, and in no case may a Board member be paid as an expert or consultant. -SOURCE- (Pub. L. 100-446, title I, Sec. 9, Sept. 27, 1988, 102 Stat. 1787.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (b), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. The General Schedule, referred to in subsecs. (b) and (c), is set out under section 5332 of Title 5. -MISC2- 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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178a, 178c, 178e, 178f, 178j, 178k, 178l of this title. ------DocID 7433 Document 526 of 1400------ -CITE- 2 USC Sec. 178i -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 178i. Powers of Board -STATUTE- (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 Board considers appropriate. The Board shall review nominations of films submitted to it for inclusion in the National Film Registry and consult with the Librarian with respect to the inclusion in the Registry, and with respect to the powers defined in section 178b of this title. (b) Nomination of films The Board shall consider, for inclusion in the National Film Registry, nominations submitted by representatives of the film industry, such as the guilds and societies representing actors, directors, screenwriters, producers, and film critics, film preservation organizations and representatives of academic institutions with film study programs. The Board shall not nominate more than 25 films a year for inclusion in the Registry. -SOURCE- (Pub. L. 100-446, title I, Sec. 10, Sept. 27, 1988, 102 Stat. 1787.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178a, 178c, 178e, 178f, 178j, 178k, 178l of this title. ------DocID 7434 Document 527 of 1400------ -CITE- 2 USC Sec. 178j -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 178j. Definitions -STATUTE- (a) Definitions for sections 178 through 178l As used in sections 178 through 178l of this title: (1) The term 'Librarian' means the Librarian of Congress. (2) The term 'film' means a feature-length, theatrical motion picture after its first theatrical release. (3) The term 'film package' means the original box, carton or container of any kind in which a videotape or disc is offered for sale or rental. (4) The term 'Board' means the National Film Preservation Board. (5) The term 'material alteration' means to colorize or to make other fundamental post-production changes in a version of a film for marketing purposes but does not include changes made in accordance with customary practices and standards and reasonable requirements of preparing a work for distribution or broadcast. (6) The term 'to colorize' means to add color, by whatever means, to versions of motion pictures originally produced, marketed, or distributed in black and white. (7) The term 'colorization' means the process whereby a film is colorized. (b) Exclusion from definition of 'material alteration' Excluded from the definition of 'material alteration' are practices such as the insertion of commercials and public service announcements for television broadcast. -SOURCE- (Pub. L. 100-446, title I, Sec. 11, Sept. 27, 1988, 102 Stat. 1787.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178a, 178c, 178e, 178f, 178k, 178l of this title. ------DocID 7435 Document 528 of 1400------ -CITE- 2 USC Sec. 178k -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 178k. Authorization of appropriations -STATUTE- To carry out the purposes of sections 178 to 178l of this title, there are authorized to be appropriated to the Librarian of Congress, such sums as may be necessary to carry out the purposes of sections 178 to 178l of this title, but in no fiscal year shall such sum exceed $250,000. -SOURCE- (Pub. L. 100-446, title I, Sec. 12, Sept. 27, 1988, 102 Stat. 1788.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178a, 178c, 178e, 178f, 178j, 178l of this title. ------DocID 7436 Document 529 of 1400------ -CITE- 2 USC Sec. 178l -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 178l. Effective date -STATUTE- The provisions of sections 178 to 178l of this title shall be effective for three years beginning on September 27, 1988. The provisions of sections 178 to 178l of this title shall not apply to any copy of a film materially altered prior to such effective date if such copy of such film is owned by an individual for his personal use, in the inventory of the manufacturer or packager of a videocassette or already distributed to retail or wholesale distributors of videocassettes. -SOURCE- (Pub. L. 100-446, title I, Sec. 13, Sept. 27, 1988, 102 Stat. 1788.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178a, 178c, 178e, 178f, 178j, 178k of this title. ------DocID 7437 Document 530 of 1400------ -CITE- 2 USC CHAPTER 6 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS -MISC1- Sec. 190 to 190c. Repealed. 190d. Legislative review by standing committees of the Senate and the House of Representatives. (a) Scope of assistance. (b) Reports to the Senate and the House of Representatives. (c) Exceptions. 190e. Repealed. 190f. General appropriation bills. (a) Repealed. (b) Standard appropriation classification schedule. (c) Nonconsideration if a provision reappropriates unexpended balances. 190g. Nonconsideration of certain private bills and resolutions. 190h to 190k. Repealed. 190l. Private claims pending before Congress; taking of testimony. 190m. Subpoena for taking testimony; compensation of officers and witnesses; return of depositions. 191. Oaths to witnesses. 192. Refusal of witness to testify or produce papers. 193. Privilege of witnesses. 194. Certification of failure to testify or produce; grand jury action. 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. 194b. Competitiveness impact statements. (a) Inclusion of statements in recommendations and reports to Congress. (b) Private right of action. (c) Termination of requirement. 195. Fees of witnesses in District of Columbia. 195a. Restriction on payment of witness fees or travel and subsistence expenses to persons subpenaed by Congressional committees. 195b. Fees for witnesses requested to appear before Majority Policy Committee or Minority Policy Committee. 196. Senate resolutions for investigations; limit of cost. 197. Compensation of employees. 198. Adjournment. 199. Member of commission, board, etc., appointed by President pro tempore of Senate; recommendation process; applicability. ------DocID 7438 Document 531 of 1400------ -CITE- 2 USC Sec. 190 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 190. Repealed. S. Res. 4, Sec. 301(b), Feb. 4, 1977 -MISC1- Section, act Aug. 2, 1946, ch. 753, title I, Sec. 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. ------DocID 6945 Document 532 of 1400------ -CITE- 2 USC Sec. 30 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 30. Term of service of Members of Congress as trustees or directors of corporations or institutions appropriated for -STATUTE- 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. -SOURCE- (Mar. 3, 1893, ch. 199, Sec. 1, 27 Stat. 553.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. ------DocID 7440 Document 533 of 1400------ -CITE- 2 USC Sec. 190a-3 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 190a-3. Repealed. S. Res. 9, Sec. 2, Nov. 5, 1975 -MISC1- Section, Pub. L. 93-344, title I, Sec. 102(d), July 12, 1974, 88 Stat. 301, provided that meetings of the Senate Committee on the Budget or any subcommittee thereof be open to the public except in certain specified instances. ------DocID 7441 Document 534 of 1400------ -CITE- 2 USC Sec. 190b, 190c -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 190b, 190c. Repealed. S. Res. 274, Sec. 2(a), Nov. 14, 1979 -MISC1- Section 190b, acts Aug. 2, 1946, ch. 753, title I, Sec. 134(a), (c), 60 Stat. 831, 832; Oct. 26, 1970, Pub. L. 91-510, title I, Sec. 117(a), 84 Stat. 1155; Dec. 16, 1970, Pub. L. 91-552, Sec. 1(6), 84 Stat. 1440; July 12, 1974, Pub. L. 93-344, title IX, Sec. 903(a), 88 Stat. 331; S. Res. 4, Sec. 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, Sec. 135, 60 Stat. 832; Oct. 26, 1970, Pub. L. 91-510, title I, Sec. 125(a)(2), 84 Stat. 1159, related to Senate conference reports. See Standing Rules of the Senate. ------DocID 7442 Document 535 of 1400------ -CITE- 2 USC Sec. 190d -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 190d. Legislative review by standing committees of the Senate and the House of Representatives -STATUTE- (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 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, 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 and the Committees on Appropriations, the Budget, House Administration, Rules, and Standards of Official Conduct of the House. -SOURCE- (Aug. 2, 1946, ch. 753, title I, Sec. 136, 60 Stat. 832; Oct. 26, 1970, Pub. L. 91-510, title I, Sec. 118(a)(1), 84 Stat. 1156; Oct. 11, 1971, Pub. L. 92-136, Sec. 1, 85 Stat. 376; July 12, 1974, Pub. L. 93-344, title VII, Sec. 701, title IX, Sec. 903(b), 88 Stat. 325, 331.) -STATAMEND- 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. -MISC1- AMENDMENTS 1974 - Subsec. (a). Pub. L. 93-344, Sec. 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, Sec. 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). EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-344 effective July 12, 1974, see section 905 of Pub. L. 93-344, set out as an Effective Date note under section 621 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Section 9(a) of Pub. L. 92-136 provided that: 'The amendments made by the first section (amending this section) section 2, and section 5 of this Act (amending section 72a 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 72a of this title. EFFECTIVE DATE Section effective Jan. 2, 1947, see section 142 of act Aug. 2, 1946. ------DocID 7443 Document 536 of 1400------ -CITE- 2 USC Sec. 190e -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 190e. Repealed. Pub. L. 91-510, title II, Sec. 242(b)(1), Oct. 26, 1970, 84 Stat. 1172 -MISC1- Section, act Aug. 2, 1946, ch. 753, title I, Sec. 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. 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 72a of this title. ------DocID 7444 Document 537 of 1400------ -CITE- 2 USC Sec. 190f -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 190f. General appropriation bills -STATUTE- (a) Repealed. Pub. L. 91-510, title I, Sec. 108(d), Oct. 26, 1970, 84 Stat. 1149 (b) Standard appropriation classification schedule The Committees on Appropriations of the two Houses 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 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. -SOURCE- (Aug. 2, 1946, ch. 753, title I, Sec. 139(a), (b), (c), 60 Stat. 833; Oct. 26, 1970, Pub. L. 91-510, title I, Sec. 108(d), 84 Stat. 1149.) -STATAMEND- 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. -COD- 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. -MISC3- 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. 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 72a of this title. EFFECTIVE DATE Section effective Jan. 2, 1947, see section 142 of act Aug. 2, 1946. ------DocID 7445 Document 538 of 1400------ -CITE- 2 USC Sec. 190g -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 190g. Nonconsideration of certain private bills and resolutions -STATUTE- 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 or the House of Representatives. -SOURCE- (Aug. 2, 1946, ch. 753, title I, Sec. 131, 60 Stat. 831.) -STATAMEND- PARTIAL REPEAL Section 2(a), S. Res. 274, Ninety-sixth Congresss, Nov. 14, 1979, provided in part that this section, insofar as it relates to the Senate, is repealed. See Standing Rules of the Senate. -REFTEXT- REFERENCES IN TEXT The Federal Tort Claims Act, referred to in text, is classified generally to section 1346(b) and chapter 171 (Sec. 2671 et seq.) of Title 28, Judiciary and Judicial Procedure. -MISC2- EFFECTIVE DATE Section effective Jan. 2, 1947, see section 142 of act Aug. 2, 1946. ------DocID 7446 Document 539 of 1400------ -CITE- 2 USC Sec. 190h -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 190h. Repealed. S. Res. 9, Sec. 2, Nov. 5, 1975 -MISC1- Section, Pub. L. 91-510, title II, Sec. 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. ------DocID 7447 Document 540 of 1400------ -CITE- 2 USC Sec. 190i to 190k -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 190i to 190k. Repealed. S. Res. 274, Sec. 2(b), Nov. 14, 1979 -MISC1- Section 190i, Pub. L. 91-510, title II, Sec. 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, Sec. 252(a), Oct. 26, 1970, 84 Stat. 1173; Aug. 1, 1946, ch. 724, Sec. 302(d), as added Aug. 30, 1954, ch. 1073, Sec. 1, as added Sept. 20, 1977, Pub. L. 95-110, Sec. 1, 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, Sec. 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. ------DocID 7448 Document 541 of 1400------ -CITE- 2 USC Sec. 190l -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 190l. Private claims pending before Congress; taking of testimony -STATUTE- 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. -SOURCE- (Feb. 3, 1879, ch. 40, Sec. 1, 20 Stat. 278; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -CHANGE- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 190m of this title. ------DocID 7449 Document 542 of 1400------ -CITE- 2 USC Sec. 190m -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 190m. Subpoena for taking testimony; compensation of officers and witnesses; return of depositions -STATUTE- 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 branch of Congress appointing such committee. 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. -SOURCE- (Feb. 3, 1879, ch. 40, Sec. 2, 20 Stat. 279; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -CHANGE- 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. ------DocID 7450 Document 543 of 1400------ -CITE- 2 USC Sec. 191 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 191. Oaths to witnesses -STATUTE- 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. -SOURCE- (R.S. Sec. 101; June 26, 1884, ch. 123, 23 Stat. 60; June 22, 1938, ch. 594, 52 Stat. 942, 943.) -COD- CODIFICATION R.S. Sec. 101 derived from acts May 3, 1798, ch. 36, Sec. 1, 1 Stat. 554, and Feb. 8, 1817, ch. 10, 3 Stat. 345. R.S. Sec. 101 constitutes first sentence, and act June 26, 1884, constitutes second sentence. -MISC3- AMENDMENTS 1938 - Act June 22, 1938, reenacted section without change. -CROSS- CROSS REFERENCES Presiding officer of Senate, power to administer oaths, see section 23 of this title. Secretary of Senate or assistant secretary, power to administer oaths, see section 24 of this title. ------DocID 7451 Document 544 of 1400------ -CITE- 2 USC Sec. 192 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 192. Refusal of witness to testify or produce papers -STATUTE- 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. -SOURCE- (R.S. Sec. 102; June 22, 1938, ch. 594, 52 Stat. 942.) -COD- CODIFICATION R.S. Sec. 102 derived from act Jan. 24, 1857, ch. 19, Sec. 1, 11 Stat. 155. -MISC3- AMENDMENTS 1938 - Act June 22, 1938, reenacted section without change. -CROSS- CROSS REFERENCES Minor offenses tried by United States magistrate judges as excluding offenses punishable under this section, see section 3401 of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 194 of this title; title 18 section 3401; title 50 App. section 2162. ------DocID 7452 Document 545 of 1400------ -CITE- 2 USC Sec. 193 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 193. Privilege of witnesses -STATUTE- 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. -SOURCE- (R.S. Sec. 103; June 22, 1938, ch. 594, 52 Stat. 942.) -COD- CODIFICATION R.S. Sec. 103 derived from act Jan. 24, 1862, ch. 11, 12 Stat. 333. -MISC3- AMENDMENTS 1938 - Act June 22, 1938, reenacted section without change. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 50 App. section 2162. ------DocID 7453 Document 546 of 1400------ -CITE- 2 USC Sec. 194 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 194. Certification of failure to testify or produce; grand jury action -STATUTE- 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. -SOURCE- (R.S. Sec. 104; July 13, 1936, ch. 884, 49 Stat. 2041; June 22, 1938, ch. 594, 52 Stat. 942.) -COD- CODIFICATION R.S. Sec. 104 derived from act Jan. 24, 1857, ch. 19, Sec. 3, 11 Stat. 156. -MISC3- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 288d, 288g of this title; title 50 App. section 2162. ------DocID 7454 Document 547 of 1400------ -CITE- 2 USC Sec. 194a -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 194a. Request by Congressional committees to officers or employees of Federal departments, agencies, etc., concerned with foreign countries or multilateral organizations for expression of views and opinions -STATUTE- 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 United States Information Agency, the Agency for International Development, the United States Arms Control and Disarmament Agency, 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. -SOURCE- (Pub. L. 92-352, title V, Sec. 502, July 13, 1972, 86 Stat. 496; Pub. L. 93-126, Sec. 17, Oct. 18, 1973, 87 Stat. 455.) -MISC1- AMENDMENTS 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'. UNITED STATES INFORMATION AGENCY The United States Information Agency, referred to in text, was abolished and replaced by the International Communication Agency pursuant to Reorg. Plan No. 2 of 1977, 42 F.R. 62461, 91 Stat. 1636, set out in the Appendix to Title 5, Government Organization and Employees, effective on or before July 1, 1978, at such time as specified by the President. The International Communication Agency was redesignated the United States Information Agency by section 303 of Pub. L. 97-241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461 of Title 22, Foreign Relations and Intercourse. ------DocID 7455 Document 548 of 1400------ -CITE- 2 USC Sec. 194b -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 194b. Competitiveness impact statements -STATUTE- (a) Inclusion of statements in recommendations and reports to Congress The President or the head of the appropriate department or agency of the Federal Government shall include in every recommendation or report made to the Congress on legislation which may affect the ability of United States firms to compete in domestic and international commerce a statement of the impact of such legislation on - (1) the international trade and public interest of the United States, and (2) the ability of United States firms engaged in the manufacture, sale, distribution, or provision of goods or services to compete in foreign or domestic markets. (b) Private right of action This section provides no private right of action as to the need for or adequacy of the statement required by subsection (a) of this section. (c) Termination of requirement This section shall cease to be effective six years from August 23, 1988. -SOURCE- (Pub. L. 100-418, title V, Sec. 5421, Aug. 23, 1988, 102 Stat. 1468.) ------DocID 7456 Document 549 of 1400------ -CITE- 2 USC Sec. 195 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 195. Fees of witnesses in District of Columbia -STATUTE- 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. -SOURCE- (May 1, 1876, ch. 88, 19 Stat. 41.) -MISC1- HOUSE RULE ON PAY OF WITNESSES Rule XXXV, Rules of the House of Representatives, provides that: 'The rule for paying witnesses to appear before the House or any of its committees shall be as follows: For each day a witness shall attend, the same per diem rate as established, authorized, and regulated by the Committee on House Administration for Members and employees of the House, and actual expenses of travel in coming to or going from the place of examination; but no per diem shall be paid when a witness has been summoned at the place of examination.' ------DocID 7457 Document 550 of 1400------ -CITE- 2 USC Sec. 195a -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 195a. Restriction on payment of witness fees or travel and subsistence expenses to persons subpenaed by Congressional committees -STATUTE- 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. -SOURCE- (Pub. L. 86-628, July 12, 1960, 74 Stat. 449.) ------DocID 7458 Document 551 of 1400------ -CITE- 2 USC Sec. 195b -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 195b. Fees for witnesses requested to appear before Majority Policy Committee or Minority Policy Committee -STATUTE- 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. -SOURCE- (Pub. L. 93-371, Sec. 7, Aug. 13, 1974, 88 Stat. 431.) ------DocID 7459 Document 552 of 1400------ -CITE- 2 USC Sec. 196 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 196. Senate resolutions for investigations; limit of cost -STATUTE- 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. -SOURCE- (Mar. 3, 1926, ch. 44, Sec. 1, 44 Stat. 162.) ------DocID 7460 Document 553 of 1400------ -CITE- 2 USC Sec. 197 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 197. Compensation of employees -STATUTE- 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. -SOURCE- (Feb. 9, 1937, ch. 9, title I, Sec. 1, 50 Stat. 9; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972.) -COD- 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. -MISC3- AMENDMENTS 1949 - Act Oct. 28, 1949, substituted 'Classification Act of 1949' for 'Classification Act of 1923'. 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, Sec. 8, 80 Stat. 632, 655. ------DocID 7461 Document 554 of 1400------ -CITE- 2 USC Sec. 198 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 198. Adjournment -STATUTE- (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. -SOURCE- (Aug. 2, 1946, ch. 753, title I, Sec. 132, 60 Stat. 831; Oct. 26, 1970, Pub. L. 91-510, title IV, Sec. 461(b), 84 Stat. 1193.) -MISC1- 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. 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 72a of this title. EFFECTIVE DATE Section effective Jan. 2, 1947, see section 142 of act Aug. 2, 1946. ------DocID 7462 Document 555 of 1400------ -CITE- 2 USC Sec. 199 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 199. Member of commission, board, etc., appointed by President pro tempore of Senate; recommendation process; applicability -STATUTE- (a) Any provision of law which provides that any member of a commission, board, committee, advisory group, or similar body is to be appointed by the President pro tempore of the Senate shall be construed to require that the appointment be made - (1) upon recommendation of the Majority Leader of the Senate, if such provision of law specifies that the appointment is to be made on the basis of the appointee's affiliation with the majority political party, (2) upon the recommendation of the Minority Leader of the Senate, if such provision of law specifies that the appointment is to be made on the basis of the appointee's affiliation with the minority party, and (3) upon the joint recommendation of the Majority Leader of the Senate and the Minority Leader of the Senate, if such provision of law does not specify that the appointment is to be made on the appointee's affiliation with the majority or minority political party. (b) The provisions of subsection (a) of this section shall be applicable in the case of appointments made after December 22, 1980, pursuant to provisions of law enacted on, before, and after, December 22, 1980. -SOURCE- (Pub. L. 96-576, Sec. 3, Dec. 22, 1980, 94 Stat. 3355.) ------DocID 7463 Document 556 of 1400------ -CITE- 2 USC CHAPTER 7 -EXPCITE- TITLE 2 CHAPTER 7 -HEAD- CHAPTER 7 - CONTESTED ELECTIONS ------DocID 7464 Document 557 of 1400------ -CITE- 2 USC Sec. 201 to 226 -EXPCITE- TITLE 2 CHAPTER 7 -HEAD- Sec. 201 to 226. Repealed. Pub. L. 91-138, Sec. 18, Dec. 5, 1969, 83 Stat. 290 -MISC1- 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. Sec. 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. Sec. 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. Sec. 107; Mar. 2, 1875, ch. 119, Sec. 2, 18 Stat. 338, provided time and order for taking testimony. Section 204, R.S. Sec. 108, provided for taking of depositions upon notice to other party. Section 205, R.S. Sec. 109, provided that testimony in contested election cases could be taken at two or more places at same time. Section 206, R.S. Sec. 110; June 7, 1878, ch. 160, 20 Stat. 99; July 1, 1898, ch. 541, Sec. 38, 30 Stat. 555, made provision for issuance of subpoenas by specified officers. Section 207, R.S. Sec. 111, set forth requisite contents of subpoenas. Section 208, R.S. Sec. 112, authorized issuance of subpoenas by justices of the peace. Section 209, R.S. Sec. 113, made provision for taking of depositions by written consent. Section 210, R.S. Sec. 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. Sec. 115, exempted witness from attendance at examinations out of county in which they resided or were served with a subpoena. Section 212, R.S. Sec. 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. Sec. 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. Sec. 118, required selection of qualified officers to officiate jointly with officer named in notice. Section 215, R.S. Sec. 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. Sec. 120, made provision for examination of witnesses through device of taking their depositions before a qualified officer. Section 217, R.S. Sec. 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. Sec. 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. Sec. 123, empowered officer to require production of papers. Section 220, R.S. Sec. 124, provided that taking of testimony might, if so stated in notice, be adjourned from day to day. Section 221, R.S. Sec. 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. Sec. 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. Sec. 127; Mar. 2, 1875, ch. 119, Sec. 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. Sec. 128, fixed witness fees to be paid by party at whose instance witness was summoned. Section 225, R.S. Sec. 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. Sec. 130; Mar. 3, 1879, ch. 182, Sec. 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. 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. ------DocID 7465 Document 558 of 1400------ -CITE- 2 USC CHAPTER 8 -EXPCITE- TITLE 2 CHAPTER 8 -HEAD- CHAPTER 8 - FEDERAL CORRUPT PRACTICES ------DocID 7466 Document 559 of 1400------ -CITE- 2 USC Sec. 241 to 248 -EXPCITE- TITLE 2 CHAPTER 8 -HEAD- Sec. 241 to 248. Repealed. Pub. L. 92-225, title IV, Sec. 405, Feb. 7, 1972, 86 Stat. 20 -MISC1- Sections, act Feb. 28, 1925, ch. 368, title III, Sec. 302-309, 43 Stat. 1070-1073, provided for: Section 241, amended Dec. 23, 1971, Pub. L. 92-220, Sec. 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 14 (Sec. 431 et seq.) of this title. 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 431 of this title. ------DocID 7467 Document 560 of 1400------ -CITE- 2 USC Sec. 249 to 251 -EXPCITE- TITLE 2 CHAPTER 8 -HEAD- Sec. 249 to 251. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948 -MISC1- Section 249, act Feb. 28, 1925, ch. 368, title III, Sec. 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, Sec. 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, Sec. 313, 43 Stat. 1074; June 25, 1943, ch. 144, Sec. 9, 57 Stat. 167; June 23, 1947, ch. 120, title III, Sec. 304, 61 Stat. 159, related to political contributions by national banks, corporations, or labor unions. See section 441b of this title. ------DocID 7468 Document 561 of 1400------ -CITE- 2 USC Sec. 252 to 256 -EXPCITE- TITLE 2 CHAPTER 8 -HEAD- Sec. 252 to 256. Repealed. Pub. L. 92-225, title IV, Sec. 405, Feb. 7, 1972, 86 Stat. 20 -MISC1- Sections 252 to 255, act Feb. 28, 1925, ch. 368, title III, Sec. 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, Sec. 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 14 (Sec. 431 et seq.) of this title. 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 431 of this title. ------DocID 7469 Document 562 of 1400------ -CITE- 2 USC CHAPTER 8A -EXPCITE- TITLE 2 CHAPTER 8A -HEAD- CHAPTER 8A - REGULATION OF LOBBYING -MISC1- Sec. 261. Definitions. 262. Detailed accounts of contributions; retention of receipted bills of expenditures. 263. Receipts for contributions. 264. Statements of accounts filed with Clerk of House. 265. Preservation of statements. 266. Persons to whom chapter is applicable. 267. Registration of lobbyists with Secretary of Senate and Clerk of House; compilation of information. 268. Reports and statements under oath. 269. Penalties and prohibitions. 270. Exemptions from chapter. -CROSS- CROSS REFERENCES Hatch Political Activity Act to restrain pernicious political activity, see sections 594, 595, 598, 600, 601, 604, 605, and 1918 of Title 18, Crimes and Criminal Procedure, and sections 1302, 1303, 1501 et seq., 3333, 7311, and 7324 et seq. of Title 5, Government Organization and Employees. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 31-2, 352 of this title. ------DocID 7470 Document 563 of 1400------ -CITE- 2 USC Sec. 261 -EXPCITE- TITLE 2 CHAPTER 8A -HEAD- Sec. 261. Definitions -STATUTE- When used in this chapter - (a) The term 'contribution' includes a gift, subscription, loan, advance, or deposit of money or anything of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribution. (b) The term 'expenditure' includes a payment, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. (c) The term 'person' includes an individual, partnership, committee, association, corporation, and any other organization or group of persons. (d) The term 'Clerk' means the Clerk of the House of Representatives of the United States. (e) The term 'legislation' means bills, resolutions, amendments, nominations, and other matters pending or proposed in either House of Congress, and includes any other matter which may be the subject of action by either House. -SOURCE- (Aug. 2, 1946, ch. 753, title III, Sec. 302, 60 Stat. 839.) -MISC1- SHORT TITLE Section 301 of title III of act Aug. 2, 1946, provided that: 'This title (enacting this chapter) may be cited as the 'Federal Regulation of Lobbying Act'.' AUTHORIZATION OF APPROPRIATIONS Section 244 of act Aug. 2, 1946, provided in part: 'All necessary funds required to carry out the provisions of this Act (Legislative Reorganization Act of 1946, see Short Title note set out under section 72a of this title for classification), by the Secretary of the Senate and the Clerk of the House, are hereby authorized to be appropriated.' (Section 244 was made effective as of Aug. 2, 1946, by section 245 of act Aug. 2, 1946, set out as a note under section 72a of this title.) ------DocID 7471 Document 564 of 1400------ -CITE- 2 USC Sec. 262 -EXPCITE- TITLE 2 CHAPTER 8A -HEAD- Sec. 262. Detailed accounts of contributions; retention of receipted bills of expenditures -STATUTE- (a) It shall be the duty of every person who shall in any manner solicit or receive a contribution to any organization or fund for the purposes hereinafter designated to keep a detailed and exact account of - (1) all contributions of any amount or of any value whatsoever; (2) the name and address of every person making any such contribution of $500 or more and the date thereof; (3) all expenditures made by or on behalf of such organization or fund; and (4) the name and address of every person to whom any such expenditure is made and the date thereof. (b) It shall be the duty of such person to obtain and keep a receipted bill, stating the particulars, for every expenditure of such funds exceeding $10 in amount, and to preserve all receipted bills and accounts required to be kept by this section for a period of at least two years from the date of the filing of the statement containing such items. -SOURCE- (Aug. 2, 1946, ch. 753, title III, Sec. 303, 60 Stat. 840.) ------DocID 7472 Document 565 of 1400------ -CITE- 2 USC Sec. 263 -EXPCITE- TITLE 2 CHAPTER 8A -HEAD- Sec. 263. Receipts for contributions -STATUTE- Every individual who receives a contribution of $500 or more for any of the purposes hereinafter designated shall within five days after receipt thereof rendered (FOOTNOTE 1) to the person or organization for which such contribution was received a detailed account thereof, including the name and address of the person making such contribution and the date on which received. (FOOTNOTE 1) So in original. Probably should be 'render'. -SOURCE- (Aug. 2, 1946, ch. 753, title III, Sec. 304, 60 Stat. 840.) ------DocID 7473 Document 566 of 1400------ -CITE- 2 USC Sec. 264 -EXPCITE- TITLE 2 CHAPTER 8A -HEAD- Sec. 264. Statements of accounts filed with Clerk of House -STATUTE- (a) Every person receiving any contributions or expending any money for the purposes designated in subparagraph (a) or (b) of section 266 of this title shall file with the Clerk between the first and tenth day of each calendar quarter, a statement containing complete as of the day next preceding the date of filing - (1) the name and address of each person who has made a contribution of $500 or more not mentioned in the preceding report; except that the first report filed pursuant to this chapter shall contain the name and address of each person who has made any contribution of $500 or more to such person since August 2, 1946; (2) the total sum of the contributions made to or for such person during the calendar year and not stated under paragraph (1) of this subsection; (3) the total sum of all contributions made to or for such person during the calendar year; (4) the name and address of each person to whom an expenditure in one or more items of the aggregate amount or value, within the calendar year, of $10 or more has been made by or on behalf of such person, and the amount, date, and purpose of such expenditure; (5) the total sum of all expenditures made by or on behalf of such person during the calendar year and not stated under paragraph (4) of this subsection; (6) the total sum of expenditures made by or on behalf of such person during the calendar year. (b) The statements required to be filed by subsection (a) of this section shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous statement only the amount need be carried forward. -SOURCE- (Aug. 2, 1946, ch. 753, title III, Sec. 305, 60 Stat. 840.) ------DocID 7474 Document 567 of 1400------ -CITE- 2 USC Sec. 265 -EXPCITE- TITLE 2 CHAPTER 8A -HEAD- Sec. 265. Preservation of statements -STATUTE- A statement required by this chapter to be filed with the Clerk - (a) shall be deemed properly filed when deposited in an established post office within the prescribed time, duly stamped, registered, and directed to the Clerk of the House of Representatives of the United States, Washington, District of Columbia, but in the event it is not received, a duplicate of such statement shall be promptly filed upon notice by the Clerk of its nonreceipt; (b) shall be preserved by the Clerk for a period of two years from the date of filing, shall constitute part of the public records of his office, and shall be open to public inspection. -SOURCE- (Aug. 2, 1946, ch. 753, title III, Sec. 306, 60 Stat. 841.) ------DocID 7475 Document 568 of 1400------ -CITE- 2 USC Sec. 266 -EXPCITE- TITLE 2 CHAPTER 8A -HEAD- Sec. 266. Persons to whom chapter is applicable -STATUTE- The provisions of this chapter shall apply to any person (except a political committee as defined in the Federal Corrupt Practices Act, and duly organized State or local committees of a political party), who by himself, or through any agent or employee or other persons in any manner whatsoever, directly or indirectly, solicits, collects, or receives money or any other thing of value to be used principally to aid, or the principal purpose of which person is to aid, in the accomplishment of any of the following purposes: (a) The passage or defeat of any legislation by the Congress of the United States. (b) To influence, directly or indirectly, the passage or defeat of any legislation by the Congress of the United States. -SOURCE- (Aug. 2, 1946, ch. 753, title III, Sec. 307, 60 Stat. 841.) -REFTEXT- REFERENCES IN TEXT The Federal Corrupt Practices Act, referred to in text, is act Feb. 28, 1925, ch. 368, title III, Sec. 301-317, 43 Stat. 1070, as amended, which was classified generally to chapter 8 (Sec. 241 et seq.) of this title, was repealed by acts June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and Feb. 7, 1972, Pub. L. 92-225, title IV, Sec. 405, 86 Stat. 20, and is covered generally by chapter 14 (Sec. 431 et seq.) of this title. For further details and for complete classification of this Act to the Code prior to its repeal, see notes set out under section 241 et seq. of this title and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 264 of this title. ------DocID 7476 Document 569 of 1400------ -CITE- 2 USC Sec. 267 -EXPCITE- TITLE 2 CHAPTER 8A -HEAD- Sec. 267. Registration of lobbyists with Secretary of Senate and Clerk of House; compilation of information -STATUTE- (a) Any person who shall engage himself for pay or for any consideration for the purpose of attempting to influence the passage or defeat of any legislation by the Congress of the United States shall, before doing anything in furtherance of such object, register with the Clerk of the House of Representatives and the Secretary of the Senate and shall give to those officers in writing and under oath, his name and business address, the name and address of the person by whom he is employed, and in whose interest he appears or works, the duration of such employment, how much he is paid and is to receive, by whom he is paid or is to be paid, how much he is to be paid for expenses, and what expenses are to be included. Each such person so registering shall, between the first and tenth day of each calendar quarter, so long as his activity continues, file with the Clerk and Secretary a detailed report under oath of all money received and expended by him during the preceding calendar quarter in carrying on his work; to whom paid; for what purposes; and the names of any papers, periodicals, magazines, or other publications in which he has caused to be published any articles or editorials; and the proposed legislation he is employed to support or oppose. The provisions of this section shall not apply to any person who merely appears before a committee of the Congress of the United States in support of or opposition to legislation; nor to any public official acting in his official capacity; nor in the case of any newspaper or other regularly published periodical (including any individual who owns, publishes, or is employed by any such newspaper or periodical) which in the ordinary course of business publishes news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge the passage or defeat of legislation, if such newspaper, periodical, or individual, engages in no further or other activities in connection with the passage or defeat of such legislation, other than to appear before a committee of the Congress of the United States in support of or in opposition to such legislation. (b) All information required to be filed under the provisions of this section with the Clerk of the House of Representatives and the Secretary of the Senate shall be compiled by said Clerk and Secretary, acting jointly, as soon as practicable after the close of the calendar quarter with respect to which such information is filed and shall be printed in the Congressional Record. -SOURCE- (Aug. 2, 1946, ch. 753, title III, Sec. 308, 60 Stat. 841.) ------DocID 7477 Document 570 of 1400------ -CITE- 2 USC Sec. 268 -EXPCITE- TITLE 2 CHAPTER 8A -HEAD- Sec. 268. Reports and statements under oath -STATUTE- All reports and statements required under this chapter shall be made under oath, before an officer authorized by law to administer oaths. -SOURCE- (Aug. 2, 1946, ch. 753, title III, Sec. 309, 60 Stat. 842.) ------DocID 7478 Document 571 of 1400------ -CITE- 2 USC Sec. 269 -EXPCITE- TITLE 2 CHAPTER 8A -HEAD- Sec. 269. Penalties and prohibitions -STATUTE- (a) Any person who violates any of the provisions of this chapter, shall, upon conviction, be guilty of a misdemeanor, and shall be punished by a fine of not more than $5,000 or imprisonment for not more than twelve months, or by both such fine and imprisonment. (b) In addition to the penalties provided for in subsection (a) of this section, any person convicted of the misdemeanor specified therein is prohibited, for a period of three years from the date of such conviction, from attempting to influence, directly or indirectly, the passage or defeat of any proposed legislation or from appearing before a committee of the Congress in support of or opposition to proposed legislation; and any person who violates any provision of this subsection shall, upon conviction thereof, be guilty of a felony, and shall be punished by a fine of not more than $10,000, or imprisonment for not more than five years, or by both such fine and imprisonment. -SOURCE- (Aug. 2, 1946, ch. 753, title III, Sec. 310, 60 Stat. 842.) ------DocID 7479 Document 572 of 1400------ -CITE- 2 USC Sec. 270 -EXPCITE- TITLE 2 CHAPTER 8A -HEAD- Sec. 270. Exemptions from chapter -STATUTE- The provisions of this chapter shall not apply to practices or activities regulated by the Federal Corrupt Practices Act nor be construed as repealing any portion of said Federal Corrupt Practices Act. -SOURCE- (Aug. 2, 1946, ch. 753, title III, Sec. 311, 60 Stat. 842.) -REFTEXT- REFERENCES IN TEXT The Federal Corrupt Practices Act, referred to in text, is act Feb. 28, 1925, ch. 368, title III, Sec. 301-317, 43 Stat. 1070, as amended, which was classified generally to chapter 8 (Sec. 241 et seq.) of this title, was repealed by acts June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and Feb. 7, 1972, Pub. L. 92-225, title IV, Sec. 405, 86 Stat. 20, and is covered generally by chapter 14 (Sec. 431 et seq.) of this title. For further details and for complete classification of this Act to the Code prior to its repeal, see notes set out under section 241 et seq. of this title and Tables. ------DocID 7480 Document 573 of 1400------ -CITE- 2 USC CHAPTER 9 -EXPCITE- TITLE 2 CHAPTER 9 -HEAD- CHAPTER 9 - OFFICE OF LEGISLATIVE COUNSEL -MISC1- SUBCHAPTER I - SENATE Sec. 271. Establishment. 272. Legislative Counsel. 273. Compensation. 274. Staff; office equipment and supplies. 275. Functions. 276. Disbursement of appropriations. 276a. Expenditures. 276b. Travel and related expenses. 277. Repealed. SUBCHAPTER II - HOUSE OF REPRESENTATIVES PART I - PURPOSE, POLICY, AND FUNCTION 281. Establishment. 281a. Purpose and policy. 281b. Functions. PART II - ADMINISTRATION 282. Legislative Counsel. 282a. Staff; Deputy Legislative Counsel; delegation of functions. 282b. Compensation. 282c. Expenditures. 282d. Official mail matter. 282e. Authorization of appropriations. -CHANGE- CHANGE OF NAME Act June 2, 1924, ch. 234, Sec. 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. ------DocID 7481 Document 574 of 1400------ -CITE- 2 USC SUBCHAPTER I -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER I -HEAD- SUBCHAPTER I - SENATE ------DocID 7482 Document 575 of 1400------ -CITE- 2 USC Sec. 271 -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 271. Establishment -STATUTE- 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. -SOURCE- (Feb. 24, 1919, ch. 18, Sec. 1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, title XI, Sec. 1101, 43 Stat. 353.) -COD- 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. -MISC3- APPROPRIATIONS Section 204 of act Aug. 2, 1946, ch. 753, 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 was made effective Aug. 2, 1946, by section 245 of act Aug. 2, 1946, set out as a note under section 72a of this title.) ------DocID 7483 Document 576 of 1400------ -CITE- 2 USC Sec. 272 -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 272. Legislative Counsel -STATUTE- 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. -SOURCE- (Feb. 24, 1919, ch. 18, Sec. 1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, title XI, Sec. 1101, 43 Stat. 353; Sept. 20, 1941, ch. 412, title VI, Sec. 602, 55 Stat. 726.) -COD- 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. -MISC3- AMENDMENTS 1941 - Act Sept. 20, 1941, substituted 'President pro tempore of the Senate' for 'President of the Senate.' ------DocID 7484 Document 577 of 1400------ -CITE- 2 USC Sec. 273 -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 273. Compensation -STATUTE- The Legislative Counsel of the Senate shall be paid at an annual rate of compensation of $40,000. -SOURCE- (Feb. 24, 1919, ch. 18, Sec. 1303(d), as added June 2, 1924, ch. 234, title XI, Sec. 1101, 43 Stat. 353, and amended June 18, 1940, ch. 396, Sec. 1, 54 Stat. 472; Sept. 20, 1941, ch. 412, title VI, Sec. 602, 55 Stat. 726; Oct. 15, 1949, ch. 695, Sec. 6(c), 63 Stat. 881; Aug. 5, 1955, ch. 568, Sec. 9, 101, 69 Stat. 509, 514; July 1, 1957, Pub. L. 85-75, 71 Stat. 250; Aug. 14, 1964, Pub. L. 88-426, title II, Sec. 203(g), 78 Stat. 415; Aug. 13, 1974, Pub. L. 93-371, Sec. 4, 88 Stat. 429; July 25, 1975, Pub. L. 94-59, title I, Sec. 105, 89 Stat. 275.) -COD- 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. -MISC3- AMENDMENTS 1975 - Pub. L. 94-59 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. 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 provided that the compensation of the Legislative Counsel of the Senate shall be at the rate of $27,500 per annum. 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. EFFECTIVE DATE OF 1949 AMENDMENT Section 9 of act Oct. 15, 1949, 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, Sec. 23(a), 45 Stat. 279, formerly cited as a credit to this section, was repealed by Pub. L. 89-554, Sec. 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 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 61a 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 60a-1 of this title. ------DocID 7485 Document 578 of 1400------ -CITE- 2 USC Sec. 274 -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 274. Staff; office equipment and supplies -STATUTE- 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. -SOURCE- (Feb. 24, 1919, ch. 18, Sec. 1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, title XI, Sec. 1101, 43 Stat. 353; Sept. 20, 1941, ch. 412, title VI, Sec. 602, 55 Stat. 726.) -COD- 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. -MISC3- AMENDMENTS 1941 - Act Sept. 20, 1941, substituted 'President pro tempore of the Senate' for 'President of the Senate'. 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, Sec. 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, Sec. 105, July 25, 1975, 89 Stat. 275, eff. July 1, 1975, 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. Pub. L. 93-371, Sec. 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 61a 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 60a-1 of this title. ------DocID 7486 Document 579 of 1400------ -CITE- 2 USC Sec. 275 -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 275. Functions -STATUTE- 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. -SOURCE- (Feb. 24, 1919, ch. 18, Sec. 1303(b), (d), 40 Stat. 1141; June 2, 1924, ch. 234, title XI, Sec. 1101, 43 Stat. 353; Aug. 2, 1946, ch. 753, title I, Sec. 102, 121, 60 Stat. 814, 822.) -COD- 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. -MISC3- 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'. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that the amendment made by that act is effective Jan. 2, 1947. ------DocID 7487 Document 580 of 1400------ -CITE- 2 USC Sec. 276 -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 276. Disbursement of appropriations -STATUTE- All appropriations for the Office of the Legislative Counsel shall be disbursed by the Secretary of the Senate. -SOURCE- (Feb. 24, 1919, ch. 18, Sec. 1303(c), (d), 40 Stat. 1142; June 2, 1924, ch. 234, title XI, Sec. 1101, 43 Stat. 353.) -COD- 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. ------DocID 7488 Document 581 of 1400------ -CITE- 2 USC Sec. 276a -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 276a. Expenditures -STATUTE- 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. -SOURCE- (Pub. L. 98-51, title I, Sec. 105, July 14, 1983, 97 Stat. 267.) -COD- 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. ------DocID 7489 Document 582 of 1400------ -CITE- 2 USC Sec. 276b -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 276b. Travel and related expenses -STATUTE- 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. -SOURCE- (Pub. L. 98-51, title I, Sec. 106, July 14, 1983, 97 Stat. 267.) -COD- 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. ------DocID 7490 Document 583 of 1400------ -CITE- 2 USC Sec. 277 -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 277. Repealed. Pub. L. 93-191, Sec. 13, Dec. 18, 1973, 87 Stat. 746 -MISC1- Section, acts Feb. 24, 1919, ch. 18, Sec. 1303(d), as added June 2, 1924, ch. 234, title XI, Sec. 1101, 43 Stat. 353, provided for free transmission of official mail matter of the legislative counsel. Official mail matter of Legislative Counsel of House of Representatives is covered by section 282d of this title. 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. ------DocID 7491 Document 584 of 1400------ -CITE- 2 USC SUBCHAPTER II -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER II -HEAD- SUBCHAPTER II - HOUSE OF REPRESENTATIVES ------DocID 7492 Document 585 of 1400------ -CITE- 2 USC Part I -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER II Part I -HEAD- Part I - Purpose, Policy, and Function ------DocID 7493 Document 586 of 1400------ -CITE- 2 USC Sec. 281 -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER II Part I -HEAD- Sec. 281. Establishment -STATUTE- 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'. -SOURCE- (Pub. L. 91-510, title V, Sec. 501, Oct. 26, 1970, 84 Stat. 1201.) -MISC1- 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 72a of this title. -TRANS- TRANSFER OF FUNCTIONS; NONAPPLICABILITY OF SECTIONS 271 TO 277 TO THE HOUSE Section 531 of Pub. L. 91-510 provided that: 'Any individual who on the date of the enactment of this Act (Oct. 26, 1970) is serving under an appointment by the Speaker as Legislative Counsel of the House of Representatives shall continue as Legislative Counsel of the House of Representatives in accordance with this subtitle (this subchapter). All personnel, positions, property, records, and unexpended balances of appropriations of or for that part of the Office of the Legislative Counsel established under section 1303 of the Revenue Act of 1918 (2 U.S.C., ch. 9) (sections 271 to 277 of this title) employed or held in or for the House of Representatives shall be transferred to the Office established under this subtitle; and, effective upon the date of enactment of this Act, the provisions of section 1303 of the Revenue Act of 1918 shall have no further applicability of any kind to the Speaker or to any committee, officer, employee, or property of the House of Representatives.' ------DocID 7494 Document 587 of 1400------ -CITE- 2 USC Sec. 281a -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER II Part I -HEAD- Sec. 281a. Purpose and policy -STATUTE- 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. -SOURCE- (Pub. L. 91-510, title V, Sec. 502, Oct. 26, 1970, 84 Stat. 1202.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 281b of this title. ------DocID 7495 Document 588 of 1400------ -CITE- 2 USC Sec. 281b -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER II Part I -HEAD- Sec. 281b. Functions -STATUTE- 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. -SOURCE- (Pub. L. 91-510, title V, Sec. 503, Oct. 26, 1970, 84 Stat. 1202.) ------DocID 7496 Document 589 of 1400------ -CITE- 2 USC Part II -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER II Part II -HEAD- Part II - Administration ------DocID 7497 Document 590 of 1400------ -CITE- 2 USC Sec. 282 -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER II Part II -HEAD- Sec. 282. Legislative Counsel -STATUTE- 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. -SOURCE- (Pub. L. 91-510, title V, Sec. 521, Oct. 26, 1970, 84 Stat. 1202.) ------DocID 7498 Document 591 of 1400------ -CITE- 2 USC Sec. 282a -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER II Part II -HEAD- Sec. 282a. Staff; Deputy Legislative Counsel; delegation of functions -STATUTE- (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) One of the attorneys appointed under subsection (a) of this section shall be designated by the Legislative Counsel as Deputy Legislative Counsel. During the absence or disability of the Legislative Counsel, or when the office is vacant, the Deputy Legislative Counsel shall perform the functions of the Legislative Counsel. (2) The Legislative Counsel may delegate to the Deputy Legislative Counsel and to other employees appointed under subsection (a) of this section such of his functions as he considers necessary or appropriate. -SOURCE- (Pub. L. 91-510, title V, Sec. 522, Oct. 26, 1970, 84 Stat. 1203; Pub. L. 92-51, Sec. 101, July 9, 1971, 85 Stat. 132.) -MISC1- AMENDMENTS 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. ------DocID 7499 Document 592 of 1400------ -CITE- 2 USC Sec. 282b -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER II Part II -HEAD- Sec. 282b. Compensation -STATUTE- (a) The Legislative Counsel shall be paid 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 of section 5314 of title 5. (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 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. -SOURCE- (Pub. L. 91-510, title V, Sec. 523, Oct. 26, 1970, 84 Stat. 1203; Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- 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. -MISC3- 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 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. 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 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7500 Document 593 of 1400------ -CITE- 2 USC Sec. 282c -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER II Part II -HEAD- Sec. 282c. Expenditures -STATUTE- 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. -SOURCE- (Pub. L. 91-510, title V, Sec. 524, Oct. 26, 1970, 84 Stat. 1203.) ------DocID 7501 Document 594 of 1400------ -CITE- 2 USC Sec. 282d -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER II Part II -HEAD- Sec. 282d. Official mail matter -STATUTE- The Legislative Counsel may send the official mail matter of the Office as franked mail under section 3210 of title 39. -SOURCE- (Pub. L. 91-510, title V, Sec. 525, Oct. 26, 1970, 84 Stat. 1203; Pub. L. 92-51, Sec. 101, July 9, 1971, 85 Stat. 132.) -MISC1- 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. ------DocID 7502 Document 595 of 1400------ -CITE- 2 USC Sec. 282e -EXPCITE- TITLE 2 CHAPTER 9 SUBCHAPTER II Part II -HEAD- Sec. 282e. Authorization of appropriations -STATUTE- 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. -SOURCE- (Pub. L. 91-510, title V, Sec. 526, Oct. 26, 1970, 84 Stat. 1203.) ------DocID 7503 Document 596 of 1400------ -CITE- 2 USC CHAPTER 9A -EXPCITE- TITLE 2 CHAPTER 9A -HEAD- CHAPTER 9A - OFFICE OF LAW REVISION COUNSEL -MISC1- Sec. 285. Establishment. 285a. Purpose and policy. 285b. Functions. 285c. Law Revision Counsel. 285d. Staff; Deputy Law Revision Counsel; delegation of functions. 285e. Compensation. 285f. Expenditures. 285g. Availability of contingent fund of House. ------DocID 7504 Document 597 of 1400------ -CITE- 2 USC Sec. 285 -EXPCITE- TITLE 2 CHAPTER 9A -HEAD- Sec. 285. Establishment -STATUTE- 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'. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- 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. -MISC3- EFFECTIVE DATE Section 101 of Pub. L. 93-554 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. ------DocID 7505 Document 598 of 1400------ -CITE- 2 USC Sec. 285a -EXPCITE- TITLE 2 CHAPTER 9A -HEAD- Sec. 285a. Purpose and policy -STATUTE- 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. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- 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. ------DocID 7506 Document 599 of 1400------ -CITE- 2 USC Sec. 285b -EXPCITE- TITLE 2 CHAPTER 9A -HEAD- Sec. 285b. Functions -STATUTE- 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. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 94-386, Sec. 1, Aug. 14, 1976, 90 Stat. 1170.) -COD- 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. -MISC3- 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'. PREPARATION AND PUBLICATION OF NEW EDITION OF THE DISTRICT OF COLUMBIA CODE UNDER DIRECTION OF COUNCIL OF THE DISTRICT OF COLUMBIA Section 2 of Pub. L. 94-386 (also set out as D.C. Code, Sec. 49-102) 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 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 (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 (in consultation with the Joint Committee on Printing) deems appropriate for the printing by the Government Printing 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.' ------DocID 7507 Document 600 of 1400------ -CITE- 2 USC Sec. 285c -EXPCITE- TITLE 2 CHAPTER 9A -HEAD- Sec. 285c. Law Revision Counsel -STATUTE- 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. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- 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. ------DocID 7508 Document 601 of 1400------ -CITE- 2 USC Sec. 285d -EXPCITE- TITLE 2 CHAPTER 9A -HEAD- Sec. 285d. Staff; Deputy Law Revision Counsel; delegation of functions -STATUTE- (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. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- 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. ------DocID 7509 Document 602 of 1400------ -CITE- 2 USC Sec. 285e -EXPCITE- TITLE 2 CHAPTER 9A -HEAD- Sec. 285e. Compensation -STATUTE- The 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. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- 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. -MISC3- 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 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7510 Document 603 of 1400------ -CITE- 2 USC Sec. 285f -EXPCITE- TITLE 2 CHAPTER 9A -HEAD- Sec. 285f. Expenditures -STATUTE- 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. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- 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. ------DocID 7511 Document 604 of 1400------ -CITE- 2 USC Sec. 285g -EXPCITE- TITLE 2 CHAPTER 9A -HEAD- Sec. 285g. Availability of contingent fund of House -STATUTE- Until such time as funds are appropriated by law to carry out the purpose of this chapter, the contingent fund of the House shall be available for such purpose. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- 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. ------DocID 7512 Document 605 of 1400------ -CITE- 2 USC CHAPTER 9B -EXPCITE- TITLE 2 CHAPTER 9B -HEAD- CHAPTER 9B - LEGISLATIVE CLASSIFICATION OFFICE -MISC1- Sec. 286. Establishment. 286a. Purpose and policy. 286b. Functions. 286c. Staff Director. 286d. Staff; Deputy Staff Director; delegation of functions. 286e. Compensation. 286f. Expenditures. 286g. Availability of contingent fund of House. ------DocID 7513 Document 606 of 1400------ -CITE- 2 USC Sec. 286 -EXPCITE- TITLE 2 CHAPTER 9B -HEAD- Sec. 286. Establishment -STATUTE- There is established in the House of Representatives an office to be known as the Legislative Classification Office, referred to hereinafter in this chapter as the 'Office'. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- CODIFICATION Section is based on section 203(a) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93-554. -MISC3- EFFECTIVE DATE Section 101 of Pub. L. 93-554 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 203 of House Resolution No. 988. -CROSS- CROSS REFERENCES Office of the Law Revision Counsel, establishment, purpose, functions, etc., see section 285 et seq. of this title. ------DocID 7514 Document 607 of 1400------ -CITE- 2 USC Sec. 286a -EXPCITE- TITLE 2 CHAPTER 9B -HEAD- Sec. 286a. Purpose and policy -STATUTE- The purpose of the Office shall be to develop, supervise, and maintain for the House and its committees and Members a system linking Federal programs and expenditures to the authorizing statutes, and showing the committee jurisdiction for each authorization. The Office shall maintain impartiality as to issues of legislative policy to be determined by the House. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- CODIFICATION Section is based on section 203(b) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93-554. ------DocID 7515 Document 608 of 1400------ -CITE- 2 USC Sec. 286b -EXPCITE- TITLE 2 CHAPTER 9B -HEAD- Sec. 286b. Functions -STATUTE- The functions of the Office shall be as follows: (1) To create a cross-reference capability based on the authorization statutes, showing committee jurisdiction, appropriation Acts, budget authority, budget outlays, unexpended balances, other relevant systems which are or may be compatible, and the relationships between them, under the direction of the Speaker. (2) To work closely with the House standing committees in all phases of the development of the cross-referencing capability and to coordinate with the Congressional Research Service and General Accounting Office, in the development, implementation, and operation of the cross-referencing service. (3) To advise the Speaker of developments which could improve the operation of the classification service and to issue an annual report to the House on the progress in implementation and use of the service, and plans for the coming year. (4) To make available (as development permits) publications or information in an appropriate format for use of the House committees and Members and to provide the capability to answer specific queries on the available information. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- CODIFICATION Section is based on section 203(c) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93-554. ------DocID 7516 Document 609 of 1400------ -CITE- 2 USC Sec. 286c -EXPCITE- TITLE 2 CHAPTER 9B -HEAD- Sec. 286c. Staff Director -STATUTE- The management, supervision, and administration of the Office are vested in a Staff Director, 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. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- CODIFICATION Section is based on section 203(d) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93-554. ------DocID 7517 Document 610 of 1400------ -CITE- 2 USC Sec. 286d -EXPCITE- TITLE 2 CHAPTER 9B -HEAD- Sec. 286d. Staff; Deputy Staff Director; delegation of functions -STATUTE- (1) With the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker, the Staff Director 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 Staff Director 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 Staff Director as Deputy Staff Director. During the absence or disability of the Staff Director, or when the office is vacant, the Deputy Staff Director shall perform the functions of the Staff Director. (B) The Staff Director may delegate to the Deputy Staff Director and to other employees appointed under paragraph (1) such of his or her functions as he or she considers necessary or appropriate. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- CODIFICATION Section is based on section 203(e) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93-554. ------DocID 7518 Document 611 of 1400------ -CITE- 2 USC Sec. 286e -EXPCITE- TITLE 2 CHAPTER 9B -HEAD- Sec. 286e. Compensation -STATUTE- The Staff Director 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 Staff Director shall be paid at per annum gross rates fixed by the Staff Director 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. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- CODIFICATION Section is based on section 203(f) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93-554. ------DocID 7519 Document 612 of 1400------ -CITE- 2 USC Sec. 286f -EXPCITE- TITLE 2 CHAPTER 9B -HEAD- Sec. 286f. Expenditures -STATUTE- In accordance with policies and procedures approved by the Speaker, the Staff Director is authorized to make such expenditures as may be necessary or appropriate for the functioning of the Office. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- CODIFICATION Section is based on section 203(g) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93-554. ------DocID 7520 Document 613 of 1400------ -CITE- 2 USC Sec. 286g -EXPCITE- TITLE 2 CHAPTER 9B -HEAD- Sec. 286g. Availability of contingent fund of House -STATUTE- Until such time as funds are appropriated by law to carry out the purpose of this chapter, the contingent fund of the House shall be available for such purpose. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- CODIFICATION Section is based on section 203(h) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93-554. ------DocID 7521 Document 614 of 1400------ -CITE- 2 USC CHAPTER 9C -EXPCITE- TITLE 2 CHAPTER 9C -HEAD- CHAPTER 9C - OFFICE OF PARLIAMENTARIAN OF HOUSE OF REPRESENTATIVES -MISC1- Sec. 287. Establishment. 287a. Parliamentarian. 287b. Staff; Deputy Parliamentarian; delegation of functions. 287c. Compensation. 287d. Expenditures. ------DocID 7522 Document 615 of 1400------ -CITE- 2 USC Sec. 287 -EXPCITE- TITLE 2 CHAPTER 9C -HEAD- Sec. 287. Establishment -STATUTE- 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'. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- 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. -MISC3- 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.' ------DocID 7523 Document 616 of 1400------ -CITE- 2 USC Sec. 287a -EXPCITE- TITLE 2 CHAPTER 9C -HEAD- Sec. 287a. Parliamentarian -STATUTE- 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. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- 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. -CROSS- CROSS REFERENCES Parliamentarian to compile precedents of House, see sections 28, 29 of this title. ------DocID 7524 Document 617 of 1400------ -CITE- 2 USC Sec. 287b -EXPCITE- TITLE 2 CHAPTER 9C -HEAD- Sec. 287b. Staff; Deputy Parliamentarian; delegation of functions -STATUTE- (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. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- 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. ------DocID 7525 Document 618 of 1400------ -CITE- 2 USC Sec. 287c -EXPCITE- TITLE 2 CHAPTER 9C -HEAD- Sec. 287c. Compensation -STATUTE- (a) The Parliamentarian shall be paid at a per annum gross rate established by the Speaker 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. (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 rate of basic pay set forth in subsection (a) of this section. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -REFTEXT- REFERENCES IN TEXT Subsection (b) of section 3 of the Speaker's salary directive of June 11, 1968, referred to in subsec. (a), is set out as a note under section 60a-2 of this title. -COD- 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. -MISC3- 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.' 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 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7526 Document 619 of 1400------ -CITE- 2 USC Sec. 287d -EXPCITE- TITLE 2 CHAPTER 9C -HEAD- Sec. 287d. Expenditures -STATUTE- 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. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- 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. ------DocID 7527 Document 620 of 1400------ -CITE- 2 USC CHAPTER 9D -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL -MISC1- Sec. 288. Office of Senate Legal Counsel. (a) Establishment; appointment of Counsel and Deputy Counsel; Senate approval; reappointment; compensation. (b) Assistant counsels and other personnel; compensation; appointment; removal. (c) Consultants. (d) Policies and procedures. (e) Delegation of duties. (f) Attorney-client relationship. 288a. Senate Joint Leadership Group. (a) Accountability of Office. (b) Membership. (c) Assistance of Secretary of Senate. 288b. Requirements for authorizing representation activity. (a) Direction of Joint Leadership Group or Senate resolution. (b) Civil action to enforce subpena. (c) Intervention or appearance. (d) Immunity proceedings. (e) Resolution recommendations. 288c. Defending the Senate, committee, subcommittee, member, officer, or employee of Senate. 288d. Enforcement of Senate subpena or order. (a) Institution of civil actions. (b) Actions in name of committees and subcommittees. (c) Consideration of resolutions authorizing actions. (d) Rules of Senate. (e) Committee reports. (f) Certification of failure to testify; contempt. 288e. Intervention or appearance. (a) Actions or proceedings. (b) Notification; publication. (c) Powers and responsibilities of Congress. 288f. Immunity proceedings. 288g. Advisory and other functions. (a) Cooperation with persons, committees, subcommittees, and offices. (b) Legal research files. (c) Miscellaneous duties. 288h. Defense of certain constitutional powers. 288i. Representation conflict or inconsistency. (a) Notification. (b) Solution; publication in Congressional Record; review. (c) Computation of period following publication. (d) Reimbursement. 288j. Consideration of resolutions to direct counsel. (a) Procedure; rules. (b) 'Committee' defined. (c) Rules of the Senate. 288k. Attorney General relieved of responsibility. 288l. Procedural provisions. (a) Intervention or appearance. (b) Compliance with admission requirements. (c) Standing to sue; jurisdiction. 288m. Contingent fund. 288n. Travel and related expenses. ------DocID 7528 Document 621 of 1400------ -CITE- 2 USC Sec. 288 -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288. Office of Senate Legal Counsel -STATUTE- (a) Establishment; appointment of Counsel and Deputy Counsel; Senate approval; reappointment; compensation (1) There is established, as an office of the Senate, the Office of Senate Legal Counsel (hereinafter referred to as the 'Office'), which shall be headed by a Senate Legal Counsel (hereinafter referred to as the 'Counsel'); and there shall be a Deputy Senate Legal Counsel (hereinafter referred to as the 'Deputy Counsel') who shall perform such duties as may be assigned to him by the Counsel and who, during any absence, disability, or vacancy in the position of the Counsel, shall serve as Acting Senate Legal Counsel. (2) The Counsel and the Deputy Counsel each shall be appointed by the President pro tempore of the Senate from among recommendations submitted by the majority and minority leaders of the Senate. Any appointment made under this paragraph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person appointed as Counsel or Deputy Counsel shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during the term of such appointment. (3)(A) Any appointment made under paragraph (2) shall become effective upon approval by resolution of the Senate. The Counsel and the Deputy Counsel shall each be appointed for a term of service which shall expire at the end of the Congress following the Congress during which the Counsel or Deputy Counsel, respectively, is appointed except that the Senate may, by resolution, remove either the Counsel or the Deputy Counsel prior to the termination of any term of service. The Counsel and the Deputy Counsel may be reappointed at the termination of any term of service. (B) The first Counsel and the first Deputy Counsel shall be appointed, approved, and begin service within ninety days after January 3, 1979, and thereafter the Counsel and Deputy Counsel shall be appointed, approved, and begin service within thirty days after the beginning of the session of the Congress immediately following the termination of a Counsel's or Deputy Counsel's term of service or within sixty days after a vacancy occurs in either position. (4) The Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level III of the Executive Schedule under section 5314 of title 5. The Deputy Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5. (b) Assistant counsels and other personnel; compensation; appointment; removal (1) The Counsel shall select and fix the compensation of such Assistant Senate Legal Counsels (hereinafter referred to as 'Assistant Counsels') and of such other personnel, within the limits of available funds, as may be necessary to carry out the provisions of this chapter and may prescribe the duties and responsibilities of such personnel. The compensation fixed for each Assistant Counsel shall not be in excess of a rate equal to the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5. Any selection made under this paragraph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any individual selected as an Assistant Counsel shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during his term of service. The Counsel may remove any individual appointed under this paragraph. (2) For purposes of pay (other than the rate of pay of the Counsel and Deputy Counsel) and employment benefits, right, and privileges, all personnel of the Office shall be treated as employees of the Senate. (c) Consultants In carrying out the functions of the Office, the Counsel may procure the temporary (not to exceed one year) or intermittent services of individual consultants (including outside counsel), or organizations thereof, in the same manner and under the same conditions as a standing committee of the Senate may procure such services under section 72a(i) of this title. (d) Policies and procedures The Counsel may establish such policies and procedures as may be necessary to carry out the provisions of this chapter. (e) Delegation of duties The counsel may delegate authority for the performance of any function imposed by this chapter except any function imposed upon the Counsel under section 288e(b) of this title. (f) Attorney-client relationship The Counsel and other employees of the Office shall maintain the attorney-client relationship with respect to all communications between them and any Member, officer, or employee of the Senate. -SOURCE- (Pub. L. 95-521, title VII, Sec. 701, Oct. 26, 1978, 92 Stat. 1875.) -REFTEXT- 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 118a 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. -MISC2- EFFECTIVE DATE Section 717 of title VII of Pub. L. 95-521 provided that: 'This title (enacting this chapter, section 118a 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 Section 715 of title VII of Pub. L. 95-521 provided that: 'If any part of this title or any amendment made by this title (enacting this chapter, section 118a 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 60a-1 of this title. ------DocID 7529 Document 622 of 1400------ -CITE- 2 USC Sec. 288a -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288a. Senate Joint Leadership Group -STATUTE- (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. -SOURCE- (Pub. L. 95-521, title VII, Sec. 702, Oct. 26, 1978, 92 Stat. 1877.) ------DocID 7530 Document 623 of 1400------ -CITE- 2 USC Sec. 288b -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288b. Requirements for authorizing representation activity -STATUTE- (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. -SOURCE- (Pub. L. 95-521, title VII, Sec. 703, Oct. 26, 1978, 92 Stat. 1877.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 288c, 288d, 288e, 288f, 288j of this title. ------DocID 7531 Document 624 of 1400------ -CITE- 2 USC Sec. 288c -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288c. Defending the Senate, committee, subcommittee, member, officer, or employee of Senate -STATUTE- (a) Except as otherwise provided in subsection (b) of this section, when directed to do so pursuant to section 288b(a) of this title, the Counsel shall - (1) defend the Senate, a committee, subcommittee, Member, officer, or employee of the Senate in any civil action pending in any court of the United States or of a State or political subdivision thereof, in which the Senate, such committee, subcommittee, Member, officer, or employee is made a party defendant and in which there is placed in issue the validity of any proceeding of, or action, including issuance of any subpena or order, taken by the Senate, or such committee, subcommittee, Member, officer, or employee in its or his official or representative capacity; or (2) defend the Senate or a committee, subcommittee, Member, officer, or employee of the Senate in any proceeding with respect to any subpena or order directed to the Senate or such committee, subcommittee, Member, officer, or employee in its or his official or representative capacity. (b) Representation of a Member, officer, or employee under subsection (a) of this section shall be undertaken by the Counsel only upon the consent of such Member, officer, or employee. -SOURCE- (Pub. L. 95-521, title VII, Sec. 704, Oct. 26, 1978, 92 Stat. 1877.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 288b, 288g, 288k of this title. ------DocID 7532 Document 625 of 1400------ -CITE- 2 USC Sec. 288d -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288d. Enforcement of Senate subpena or order -STATUTE- (a) Institution of civil actions When directed to do so pursuant to section 288b(b) of this title, the Counsel shall bring a civil action under any statute conferring jurisdiction on any court of the United States (including section 1365 of title 28), to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened failure or refusal to comply with, any subpena or order issued by the Senate or a committee or a subcommittee of the Senate authorized to issue a subpena or order. (b) Actions in name of committees and subcommittees Any directive to the Counsel to bring a civil action pursuant to subsection (a) of this section in the name of a committee or subcommittee of the Senate shall, for such committee or subcommittee, constitute authorization to bring such action within the meaning of any statute conferring jurisdiction on any court of the United States. (c) Consideration of resolutions authorizing actions It shall not be in order in the Senate to consider a resolution to direct the Counsel to bring a civil action pursuant to subsection (a) of this section in the name of a committee or subcommittee unless - (1) such resolution is reported by a majority of the members voting, a majority being present, of such committee or committee of which such subcommittee is a subcommittee, and (2) the report filed by such committee or committee of which such subcommittee is a subcommittee contains a statement of - (A) the procedure followed in issuing such subpena; (B) the extent to which the party subpe- naed 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) of this section are enacted - (1) as an exercise of the rulemaking power of the Senate, and, as such, they shall be considered as part of the rules of the Senate, and such rules shall supersede any other rule of the Senate only to the extent that rule is inconsistent therewith; and (2) with full recognition of the constitutional right of the Senate to change such rules (so far as relating to the procedure in the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate. (e) Committee reports A report filed pursuant to subsection (c)(2) of this section shall not be receivable in any court of law to the extent such report is in compliance with such subsection. (f) 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. -SOURCE- (Pub. L. 95-521, title VII, Sec. 705(a)-(e), (g), Oct. 26, 1978, 92 Stat. 1878, 1880; Pub. L. 99-336, Sec. 6(a)(2), June 19, 1986, 100 Stat. 639.) -COD- CODIFICATION Subsec. (f) of this section was, in the original, subsec. (g) of section 705 of Pub. L. 95-521, title VII, Oct. 26, 1978, 92 Stat. 1880, which was designated subsec. (f) for purposes of codification. -MISC3- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-336 substituted 'section 1365 of title 28' for 'section 1364 of title 28'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 288b, 288j of this title. ------DocID 7533 Document 626 of 1400------ -CITE- 2 USC Sec. 288e -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288e. Intervention or appearance -STATUTE- (a) Actions or proceedings When directed to do so pursuant to section 288b(c) of this title, the Counsel shall intervene or appear as amicus curiae in the name of the Senate, or in the name of an officer, committee, subcommittee, or chairman of a committee or subcommittee of the Senate in any legal action or proceeding pending in any court of the United States or of a State or political subdivision thereof in which the powers and responsibilities of Congress under the Constitution of the United States are placed in issue. The Counsel shall be authorized to intervene only if standing to intervene exists under section 2 of article III of the Constitution of the United States. (b) Notification; publication The Counsel shall notify the Joint Leadership Group of any legal action or proceeding in which the Counsel is of the opinion that intervention or appearance as amicus curiae under subsection (a) of this section is in the interest of the Senate. Such notification shall contain a description of the legal action or proceeding together with the reasons that the Counsel is of the opinion that intervention or appearance as amicus curiae is in the interest of the Senate. The Joint Leadership Group shall cause said notification to be published in the Congressional Record for the Senate. (c) Powers and responsibilities of Congress The Counsel shall limit any intervention or appearance as amicus curiae in an action or proceeding to issues relating to the powers and responsibilities of Congress. -SOURCE- (Pub. L. 95-521, title VII, Sec. 706, Oct. 26, 1978, 92 Stat. 1880.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 288, 288b, 288k, 288l of this title. ------DocID 7534 Document 627 of 1400------ -CITE- 2 USC Sec. 288f -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288f. Immunity proceedings -STATUTE- 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. -SOURCE- (Pub. L. 95-521, title VII, Sec. 707, Oct. 26, 1978, 92 Stat. 1880.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 288b of this title. ------DocID 7535 Document 628 of 1400------ -CITE- 2 USC Sec. 288g -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288g. Advisory and other functions -STATUTE- (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 General Accounting 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 (FOOTNOTE 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 (FOOTNOTE 1) So in original. Probably should be 'of the'. (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. -SOURCE- (Pub. L. 95-521, title VII, Sec. 708, Oct. 26, 1978, 92 Stat. 1880.) ------DocID 7536 Document 629 of 1400------ -CITE- 2 USC Sec. 288h -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288h. Defense of certain constitutional powers -STATUTE- 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. -SOURCE- (Pub. L. 95-521, title VII, Sec. 709, Oct. 26, 1978, 92 Stat. 1881.) ------DocID 7537 Document 630 of 1400------ -CITE- 2 USC Sec. 288i -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288i. Representation conflict or inconsistency -STATUTE- (a) Notification In the carrying out of the provisions of this chapter, the Counsel shall notify the Joint Leadership Group, and any party represented or person affected, of the existence and nature of any conflict or inconsistency between the representation of such party or person and the carrying out of any other provision of this chapter or compliance with professional standards and responsibilities. (b) Solution; publication in Congressional Record; review Upon receipt of such notification, the members of the Joint Leadership Group shall recommend the action to be taken to avoid or resolve the conflict or inconsistency. If such recommendation is made by a two-thirds vote, the Counsel shall take such steps as may be necessary to resolve the conflict or inconsistency as recommended. If not, the members of the Joint Leadership Group shall cause the notification of conflict or inconsistency and recommendation with respect to resolution thereof to be published in the Congressional Record of the Senate. If the Senate does not direct the Counsel within fifteen days from the date of publication in the Record to resolve the conflict in another manner, the Counsel shall take such action as may be necessary to resolve the conflict or inconsistency as recommended. Any instruction or determination made pursuant to this subsection shall not be reviewable in any court of law. (c) Computation of period following publication For purposes of the computation of the fifteen day period in subsection (b) of this section - (1) continuity of session is broken only by an adjournment of Congress sine die; and (2) the days on which the Senate is not in session because of an adjournment of more than three days to a date certain are excluded. (d) Reimbursement The Senate may by resolution authorize the reimbursement of any Member, officer, or employee of the Senate who is not represented by the Counsel for fees and costs, including attorneys' fees, reasonably incurred in obtaining representation. Such reimbursement shall be from funds appropriated to the contingent fund of the Senate. -SOURCE- (Pub. L. 95-521, title VII, Sec. 710, Oct. 26, 1978, 92 Stat. 1882.) ------DocID 7538 Document 631 of 1400------ -CITE- 2 USC Sec. 288j -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288j. Consideration of resolutions to direct counsel -STATUTE- (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. -SOURCE- (Pub. L. 95-521, title VII, Sec. 711, Oct. 26, 1978, 92 Stat. 1882.) ------DocID 7539 Document 632 of 1400------ -CITE- 2 USC Sec. 288k -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288k. Attorney General relieved of responsibility -STATUTE- (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 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. -SOURCE- (Pub. L. 95-521, title VII, Sec. 712, Oct. 26, 1978, 92 Stat. 1883.) ------DocID 7540 Document 633 of 1400------ -CITE- 2 USC Sec. 288l -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288l. Procedural provisions -STATUTE- (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. -SOURCE- (Pub. L. 95-521, title VII, Sec. 713, Oct. 26, 1978, 92 Stat. 1883.) ------DocID 7541 Document 634 of 1400------ -CITE- 2 USC Sec. 288m -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288m. Contingent fund -STATUTE- The expenses of the Office shall be paid from the contingent fund of the Senate in accordance with section 68 of this title, and upon vouchers approved by the Counsel. -SOURCE- (Pub. L. 95-521, title VII, Sec. 716, Oct. 26, 1978, 92 Stat. 1885.) ------DocID 7542 Document 635 of 1400------ -CITE- 2 USC Sec. 288n -EXPCITE- TITLE 2 CHAPTER 9D -HEAD- Sec. 288n. Travel and related expenses -STATUTE- 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. -SOURCE- (Pub. L. 98-51, title I, Sec. 106, July 14, 1983, 97 Stat. 267.) -COD- 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. ------DocID 7543 Document 636 of 1400------ -CITE- 2 USC CHAPTER 10 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- CHAPTER 10 - CLASSIFICATION OF EMPLOYEES OF HOUSE OF REPRESENTATIVES -MISC1- Sec. 291. Congressional declaration of purpose. 292. Positions affected. 293. Compensation schedules. 293a to 293c. Omitted. 294. Position standards and descriptions. 295. Placement of positions in compensation schedules. 296. Step increases; waiting periods; service in Armed Forces; automatic advancement. 297. Appointments and reclassifications to higher compensation levels. 298. Reductions in compensation level. 299. Appointments; compensation level. 300. Establishment of positions; payment from contingent fund. 301. Preservation of existing appointing authorities. 302. Regulations. 303. Dual compensation. ------DocID 7544 Document 637 of 1400------ -CITE- 2 USC Sec. 291 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 291. Congressional declaration of purpose -STATUTE- 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. -SOURCE- (Pub. L. 88-652, Sec. 2, Oct. 13, 1964, 78 Stat. 1079.) -REFTEXT- 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 enacted this chapter and amended sections 88c and 123b of this title. For complete classification of this Act to the Code, see Short Title note set out below and Tables. -MISC2- EFFECTIVE DATE Section 17 of Pub. L. 88-652 provided that: 'This Act (enacting this chapter and amending sections 88c and 123b of this title) shall become effective on January 1, 1965.' SHORT TITLE Section 1 of Pub. L. 88-652 provided that: 'This Act (enacting this chapter and amending sections 88c and 123b of this title) may be cited as the 'House Employees Position Classification Act'.' SAVINGS PROVISIONS Section 15 of Pub. L. 88-652 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.' ------DocID 7545 Document 638 of 1400------ -CITE- 2 USC Sec. 292 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 292. Positions affected -STATUTE- This chapter shall apply to - (1) all positions under the Clerk, the Sergeant at Arms, the Doorkeeper, and the Postmaster, 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. -SOURCE- (Pub. L. 88-652, Sec. 3, Oct. 13, 1964, 78 Stat. 1079.) ------DocID 7546 Document 639 of 1400------ -CITE- 2 USC Sec. 293 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 293. Compensation schedules -STATUTE- (a)(1) The Committee on House Administration 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 Doorkeeper, and the Postmaster, 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. -SOURCE- (Pub. L. 88-652, Sec. 4, Oct. 13, 1964, 78 Stat. 1079.) -MISC1- 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 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7547 Document 640 of 1400------ -CITE- 2 USC Sec. 293a to 293c -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 293a to 293c. Omitted -MISC1- Section 293a, Pub. L. 89-301, Sec. 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, Sec. 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, Sec. 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. ------DocID 7548 Document 641 of 1400------ -CITE- 2 USC Sec. 294 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 294. Position standards and descriptions -STATUTE- (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 Doorkeeper, and the Postmaster 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 Doorkeeper, 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 Doorkeeper, and the Postmaster, 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. -SOURCE- (Pub. L. 88-652, Sec. 5, Oct. 13, 1964, 78 Stat. 1080.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 295 of this title. ------DocID 7549 Document 642 of 1400------ -CITE- 2 USC Sec. 295 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 295. Placement of positions in compensation schedules -STATUTE- 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. -SOURCE- (Pub. L. 88-652, Sec. 6, Oct. 13, 1964, 78 Stat. 1081.) ------DocID 7550 Document 643 of 1400------ -CITE- 2 USC Sec. 296 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 296. Step increases; waiting periods; service in Armed Forces; automatic advancement -STATUTE- (a) Each employee in a compensation level of the House Employees Schedule (HS), who has not attained the highest schedule 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. -SOURCE- (Pub. L. 88-652, Sec. 7, Oct. 13, 1964, 78 Stat. 1081.) ------DocID 7551 Document 644 of 1400------ -CITE- 2 USC Sec. 297 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 297. Appointments and reclassifications to higher compensation levels -STATUTE- (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. -SOURCE- (Pub. L. 88-652, Sec. 8, Oct. 13, 1964, 78 Stat. 1082.) ------DocID 7552 Document 645 of 1400------ -CITE- 2 USC Sec. 298 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 298. Reductions in compensation level -STATUTE- 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. -SOURCE- (Pub. L. 88-652, Sec. 9, Oct. 13, 1964, 78 Stat. 1083.) ------DocID 7553 Document 646 of 1400------ -CITE- 2 USC Sec. 299 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 299. Appointments; compensation level -STATUTE- Except as otherwise provided by this chapter, each individual appointed to a position subject to the House Employees Schedule (HS) or the House Wage Schedule (HWS) shall be placed in the minimum step of the appropriate compensation level (HS level or HWS level) of such schedule. -SOURCE- (Pub. L. 88-652, Sec. 10, Oct. 13, 1964, 78 Stat. 1083.) ------DocID 7554 Document 647 of 1400------ -CITE- 2 USC Sec. 300 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 300. Establishment of positions; payment from contingent fund -STATUTE- 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 contingent fund 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. -SOURCE- (Pub. L. 88-652, Sec. 11, Oct. 13, 1964, 78 Stat. 1083.) ------DocID 7555 Document 648 of 1400------ -CITE- 2 USC Sec. 301 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 301. Preservation of existing appointing authorities -STATUTE- 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. -SOURCE- (Pub. L. 88-652, Sec. 12, Oct. 13, 1964, 78 Stat. 1083.) ------DocID 7556 Document 649 of 1400------ -CITE- 2 USC Sec. 302 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 302. Regulations -STATUTE- The committee is authorized to prescribe such regulations as may be necessary to carry out the purposes of this chapter. -SOURCE- (Pub. L. 88-652, Sec. 13, Oct. 13, 1964, 78 Stat. 1084.) ------DocID 7557 Document 650 of 1400------ -CITE- 2 USC Sec. 303 -EXPCITE- TITLE 2 CHAPTER 10 -HEAD- Sec. 303. Dual compensation -STATUTE- 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. -SOURCE- (Pub. L. 88-652, Sec. 14, Oct. 13, 1964, 78 Stat. 1084.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 60e-13 of this title. ------DocID 7558 Document 651 of 1400------ -CITE- 2 USC CHAPTER 10A -EXPCITE- TITLE 2 CHAPTER 10A -HEAD- CHAPTER 10A - PAYROLL ADMINISTRATION IN HOUSE OF REPRESENTATIVES -MISC1- Sec. 331. Single per annum gross rates of pay for employees. 332. Single per annum gross rates of clerk hire allowances of Members. (a) Population as basis. (b) Monthly pay limitation. (c) Yearly pay limitation. (d) Salary schedule changes; certification. (e) Titles for positions. 333. Single per annum gross rates of allowances for personal services in offices of Speaker, Leaders, and Whips. 333a. Limits on uses of funds provided under section 333. 334. Conversion by Clerk of House of existing basic pay rates to per annum gross pay rates. 335. Obsolete references in existing law to basic pay rates. 336. Saving provision. ------DocID 7559 Document 652 of 1400------ -CITE- 2 USC Sec. 331 -EXPCITE- TITLE 2 CHAPTER 10A -HEAD- Sec. 331. Single per annum gross rates of pay for employees -STATUTE- Whenever the rate of pay of an employee whose pay is disbursed by the Clerk of the House of Representatives is fixed or adjusted on or after the effective date of this section, that rate, as so fixed or adjusted, shall be a single per annum gross rate. -SOURCE- (Pub. L. 91-510, title IV, Sec. 471, Oct. 26, 1970, 84 Stat. 1193.) -MISC1- EFFECTIVE DATE Chapter 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 72a of this title. INCONSISTENT PROVISIONS Section 477(b) of Pub. L. 91-510 provided that: 'All provisions of law inconsistent with any provision of this Part (enacting this chapter, amending section 5533(c) of Title 5, Government Organization and Employees, and repealing sections 60g, 60g-1 and 72a(e) of this title) are hereby superseded to the extent of the inconsistency.' ------DocID 7560 Document 653 of 1400------ -CITE- 2 USC Sec. 332 -EXPCITE- TITLE 2 CHAPTER 10A -HEAD- Sec. 332. Single per annum gross rates of clerk hire allowances of Members -STATUTE- (a) Population as basis The clerk hire allowance of each Member of the House of Representatives and the Resident Commissioner from Puerto Rico shall be at a single per annum gross rate, determined on the basis of the population, as currently estimated by the Bureau of the Census, of the constituency of that Member or the Resident Commissioner within one of the following categories, as applicable - (1) a population of less than 500,000, with respect to which the single per annum gross rate of clerk hire allowance is $133,500; or (2) a population of 500,000 or more, with respect to which the single per annum gross rate of clerk hire allowance is $140,500. (b) Monthly pay limitation The aggregate of the payments of pay, for each monthly pay period, to employees, out of the clerk hire allowance of a Member or the Resident Commissioner, shall not be at a rate greater than the single per annum gross rate of clerk hire allowance of that Member or the Resident Commissioner, divided by twelve and adjusted to the nearest lower whole dollar figure, not counting any remaining portion of a dollar. (c) Yearly pay limitation An employee is not entitled to pay, out of the clerk hire allowance of a Member or the Resident Commissioner, at a single per annum gross rate in excess of $27,343.27. (d) Salary schedule changes; certification Each Member and the Resident Commissioner shall certify any rearrangements or changes of salary schedules of employees paid out of his clerk hire allowance, in writing to the Clerk of the House, on or before such day of any month, in which such rearrangements or changes of salary schedules are to become effective, as the Clerk, with the approval of the Committee on House Administration, may designate from time to time. The Clerk shall disburse the pay of those employees in accordance with the certification of that Member or the Resident Commissioner. (e) Titles for positions Each Member and the Resident Commissioner may, by written notice to the Clerk of the House, establish such titles for positions in his office as he may desire to designate. -SOURCE- (Pub. L. 91-510, title IV, Sec. 472, Oct. 26, 1970, 84 Stat. 1194.) -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. ------DocID 7561 Document 654 of 1400------ -CITE- 2 USC Sec. 333 -EXPCITE- TITLE 2 CHAPTER 10A -HEAD- Sec. 333. Single per annum gross rates of allowances for personal services in offices of Speaker, Leaders, and Whips -STATUTE- The allowance for additional office personnel in the office of each of the following officials of the House of Representatives shall be at a single per annum gross rate, as follows: (1) the Speaker, $110,000. (2) the Majority Leader, $90,000. (3) the Minority Leader, $55,000. (4) the Majority Whip, $55,000. (5) the Minority Whip, $55,000. -SOURCE- (Pub. L. 91-510, title IV, Sec. 473, Oct. 26, 1970, 84 Stat. 1194.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 333a of this title. ------DocID 7562 Document 655 of 1400------ -CITE- 2 USC Sec. 333a -EXPCITE- TITLE 2 CHAPTER 10A -HEAD- Sec. 333a. Limits on uses of funds provided under section 333 -STATUTE- The funds provided under the provisions of section 333 of this title shall be limited to use for the compensation of additional personnel and other necessary official expenses. -SOURCE- (Pub. L. 98-51, title I, Sec. 112, July 14, 1983, 97 Stat. 270.) -COD- 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 part 6 (Sec. 471-477) of title IV of Pub. L. 91-510 which in part comprises this chapter. Section, as it applies to funds provided under section 74a-4 of this title, is classified to section 74a-5 of this title. ------DocID 7563 Document 656 of 1400------ -CITE- 2 USC Sec. 334 -EXPCITE- TITLE 2 CHAPTER 10A -HEAD- Sec. 334. Conversion by Clerk of House of existing basic pay rates to per annum gross pay rates -STATUTE- The Clerk of the House of Representatives shall convert, as of the effective date of this section, to a single per annum gross rate, the rate of pay of each employee whose pay - (1) is disbursed by the Clerk; and (2) immediately prior to such effective date, was fixed at a basic rate with respect to which additional pay was payable by law. -SOURCE- (Pub. L. 91-510, title IV, Sec. 474, Oct. 26, 1970, 84 Stat. 1194.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 335 of this title. ------DocID 7564 Document 657 of 1400------ -CITE- 2 USC Sec. 335 -EXPCITE- TITLE 2 CHAPTER 10A -HEAD- Sec. 335. Obsolete references in existing law to basic pay rates -STATUTE- In any case in which - (1) the rate of pay of any employee or position, or class of employees or positions, the pay for whom or for which is disbursed by the Clerk of the House of Representatives, or any maximum or minimum rate with respect to any such employee, position, or class, is referred to in or provided by statute or House resolution; 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 resolution shall be deemed to refer, in lieu of such basic rate, to the per annum gross rate which an employee receiving such basic rate immediately prior to the effective date of this section would receive, without regard to such statutory provision or resolution, under section 334 of this title on and after such date. -SOURCE- (Pub. L. 91-510, title IV, Sec. 475, Oct. 26, 1970, 84 Stat. 1195.) ------DocID 7565 Document 658 of 1400------ -CITE- 2 USC Sec. 336 -EXPCITE- TITLE 2 CHAPTER 10A -HEAD- Sec. 336. Saving provision -STATUTE- The provisions of this chapter 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, any position for which the pay is disbursed by the Clerk of the House of Representatives; or (2) affect the continuity of employment of, or reduce the pay of, any employee whose pay is disbursed by the Clerk of the House. -SOURCE- (Pub. L. 91-510, title IV, Sec. 476, Oct. 26, 1970, 84 Stat. 1195.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original 'this Part', meaning part 6 (Sec. 471-477) of title IV of Pub. L. 91-510, Oct. 26, 1970, 84 Stat. 1193, which enacted this chapter, amended section 5533 of Title 5, Government Organization and Employees, repealed sections 60g, 60g-1, and 72a of this title, and enacted provisions set out as a note under section 331 of this title. For complete classification of part 6 to the Code, see Tables. ------DocID 7566 Document 659 of 1400------ -CITE- 2 USC CHAPTER 11 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION -MISC1- Sec. 351. Establishment. 352. Membership. 353. Executive Director; additional personnel; detail of personnel of other agencies. 354. Use of United States mails. 355. Administrative support services. 356. Functions. 356a. Omitted. 357. Report by Commission to President with respect to pay. 358. Recommendations of President with respect to pay. 359. Effective date of recommendations of President. 360. Effect of recommendations on existing law and prior recommendations. 361. Publication of recommendations. 362. Requirements applicable to recommendations. 363. Additional function. 364. Provision relating to certain other pay adjustments. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 31, 31-1 of this title; title 3 section 104; title 5 sections 5312 to 5316; title 26 section 7456; title 28 sections 5, 44, 135, 252. ------DocID 7567 Document 660 of 1400------ -CITE- 2 USC Sec. 351 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 351. Establishment -STATUTE- There is hereby established a commission to be known as the Citizens' Commission on Public Service and Compensation (hereinafter referred to as the 'Commission'). -SOURCE- (Pub. L. 90-206, title II, Sec. 225(a), Dec. 16, 1967, 81 Stat. 642; Pub. L. 101-194, title VII, Sec. 701(a), Nov. 30, 1989, 103 Stat. 1763.) -MISC1- AMENDMENTS 1989 - Pub. L. 101-194 substituted 'Citizens' Commission on Public Service and Compensation' for 'Commission on Executive, Legislative, and Judicial Salaries'. EFFECTIVE DATE Chapter 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. ------DocID 7568 Document 661 of 1400------ -CITE- 2 USC Sec. 352 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 352. Membership -STATUTE- (1) The Commission shall be composed of 11 members, who shall be appointed from private life as follows: (A) 2 appointed by the President of the United States; (B) 1 appointed by the President pro tempore of the Senate, upon the recommendation of the majority and minority leaders of the Senate; (C) 1 appointed by the Speaker of the House of Representatives; (D) 2 appointed by the Chief Justice of the United States; and (E) 5 appointed by the Administrator of General Services in accordance with paragraph (4). (2) No person shall serve as a member of the Commission who is - (A) an officer or employee of the Federal Government; (B) registered (or required to register) under the Federal Regulation of Lobbying Act (2 U.S.C. 261 et seq.); or (C) a parent, sibling, spouse, child, or dependent relative, of anyone under subparagraph (A) or (B). (3) The persons appointed under subparagraphs (A) through (D) of paragraph (1) shall be selected without regard to political affiliation, and should be selected from among persons who have experience or expertise in such areas as government, personnel management, or public administration. (4) The Administrator of General Services shall by regulation establish procedures under which persons shall be selected for appointment under paragraph (1)(E). Such procedures - (A) shall be designed in such a way so as to provide for the maximum degree of geographic diversity practicable among members under paragraph (1)(E); (B) shall include provisions under which those members shall be chosen by lot from among names randomly selected from voter registration lists; and (C) shall otherwise comply with applicable provisions of this 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. -SOURCE- (Pub. L. 90-206, title II, Sec. 225(b), Dec. 16, 1967, 81 Stat. 642; Pub. L. 99-190, Sec. 135(a), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101-194, title VII, Sec. 701(b), Nov. 30, 1989, 103 Stat. 1763.) -REFTEXT- 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 is classified generally to chapter 8A (Sec. 261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 261 of this title and Tables. -MISC2- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 356 of this title. ------DocID 7569 Document 662 of 1400------ -CITE- 2 USC Sec. 353 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 353. Executive Director; additional personnel; detail of personnel of other agencies -STATUTE- (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. -SOURCE- (Pub. L. 90-206, title II, Sec. 225(c), Dec. 16, 1967, 81 Stat. 643; Pub. L. 101-194, title VII, Sec. 701(c), Nov. 30, 1989, 103 Stat. 1764.) -MISC1- 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). 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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 352 of this title. ------DocID 7570 Document 663 of 1400------ -CITE- 2 USC Sec. 354 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 354. Use of United States mails -STATUTE- 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. -SOURCE- (Pub. L. 90-206, title II, Sec. 225(d), Dec. 16, 1967, 81 Stat. 643.) ------DocID 7571 Document 664 of 1400------ -CITE- 2 USC Sec. 355 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 355. Administrative support services -STATUTE- The Administrator of General Services shall provide administrative support services for the Commission on a reimbursable basis. -SOURCE- (Pub. L. 90-206, title II, Sec. 225(e), Dec. 16, 1967, 81 Stat. 643.) ------DocID 7572 Document 665 of 1400------ -CITE- 2 USC Sec. 356 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 356. Functions -STATUTE- 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 Claims Court; (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. -SOURCE- (Pub. L. 90-206, title II, Sec. 225(f), Dec. 16, 1967, 81 Stat. 643; Pub. L. 91-375, Sec. 6(a), Aug. 12, 1970, 84 Stat. 775; Pub. L. 94-82, title II, Sec. 206(a), Aug. 9, 1975, 89 Stat. 423; Pub. L. 95-598, title III, Sec. 301, Nov. 6, 1978, 92 Stat. 2673; Pub. L. 97-164, title I, Sec. 143, Apr. 2, 1982, 96 Stat. 45; Pub. L. 99-190, Sec. 135(b), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 100-202, Sec. 101(a) (title IV, Sec. 408(c)), Dec. 22, 1987, 101 Stat. 1329, 1329-27; Pub. L. 101-194, title VII, Sec. 701(d), Nov. 30, 1989, 103 Stat. 1764.) -REFTEXT- REFERENCES IN TEXT The rates of pay of the offices and positions in the legislative branch, referred to in par. (B), are set out in sections 136a and 136a-1 of this title; sections 703(f) and 731(c) of Title 31, Money and Finance; sections 162a and 162b of Title 40, Public Buildings, Property, and Works; and section 303 of Title 44, Public Printing and Documents. 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. -MISC2- 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'. 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). 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, Sec. 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 RATES OF PAY PENDING CHANGES IN RATES PURSUANT TO FEDERAL SALARY ACT OF 1967 Section 206(b) of Pub. L. 94-82 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 31, 60a note, 136a and 136a-1 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 Title 40, Public Buildings, Property, and Works, and section 303 of Title 44, Public Printing and Documents).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 60a-2a, 357, 358, 362, 363, 364 of this title. ------DocID 7573 Document 666 of 1400------ -CITE- 2 USC Sec. 356a -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 356a. Omitted -COD- CODIFICATION Section, Pub. L. 94-440, title II, Sec. 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, Sec. 100, is set out as a note under section 5318 of Title 5, Government Organization and Employees. ------DocID 7574 Document 667 of 1400------ -CITE- 2 USC Sec. 357 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 357. Report by Commission to President with respect to pay -STATUTE- 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. -SOURCE- (Pub. L. 90-206, title II, Sec. 225(g), Dec. 16, 1967, 81 Stat. 644; Pub. L. 99-190, Sec. 135(c), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101-194, title VII, Sec. 701(e), Nov. 30, 1989, 103 Stat. 1764.) -MISC1- 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'. 1985 FISCAL YEAR RECOMMENDATIONS ON PAY RATES OF OFFICES AND POSITIONS Section 135(g) of Pub. L. 99-190 provided that: 'Notwithstanding section 225(g) of such Act (2 U.S.C. 357), the Commission on Executive, Legislative, and Judicial Salaries shall not make recommendations on the rates of pay of offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of section 225(f) of such Act (2 U.S.C. 356) in connection with the review of rates of pay of such offices and positions conducted by the Commission in fiscal year 1985.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 352, 358, 362, 363 of this title. ------DocID 7575 Document 668 of 1400------ -CITE- 2 USC Sec. 358 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 358. Recommendations of President with respect to pay -STATUTE- (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. -SOURCE- (Pub. L. 90-206, title II, Sec. 225(h), Dec. 16, 1967, 81 Stat. 644; Pub. L. 99-190, Sec. 135(d), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101-194, title VII, Sec. 701(f), Nov. 30, 1989, 103 Stat. 1765.) -MISC1- 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'. 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, Sec. 908(e), July 30, 1983, 97 Stat. 338, provided that: 'The Commission on Executive, Legislative, and Judicial Salaries shall include in the first report required to be submitted by it after the date of the enactment of this Act (July 30, 1983) a recommendation for an appropriate salary for Members, which recommendation shall assume a prohibition on the receipt of honoraria by Members.' 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). SALARY RECOMMENDATIONS FOR 1989 INCREASES 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:) (FOOTNOTE 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. (FOOTNOTE 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. DISAPPROVAL OF SALARY RECOMMENDATIONS FOR 1989 INCREASES Pub. L. 101-1, Feb. 7, 1989, 102 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.' SALARY RECOMMENDATIONS FOR 1987 INCREASES TRANSMITTED TO CONGRESS JAN. 5, 1987 52 F.R. 4125; 101 STAT. 1967 Dear Mr. Speaker: (Dear Mr. President:) (FOOTNOTE 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 ('Quad 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 recommendations by a joint resolution within 30 days following the transmittal of my budget. As referred to in my Budget Message, I am recommending increases in executive level pay for offices and positions within the executive, legislative, and judicial branches of the Federal Government. The Quad Commission's report, submitted to me on December 15th, 1986, documented both the substantial erosion in the real level of Federal executive pay which has occurred since 1969 and the recruitment and retention problems that have resulted, especially for the Federal judiciary. The Commission found that Federal executives and legislators have experienced a decline of over 40 percent in real income since 1969. The Quad Commission is to be commended for its diligent and conscientious effort to address the complicated and complex problems associated with Federal pay levels. Every one of the Quad Commissions that has met over the past 18 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. Unfortunately, the last major Quad Commission pay adjustment was in 1977 - a decade ago. In considering the Quad Commission's recommendations, I recognize that we are under a mandate to reduce the Federal deficit and hold the costs of government to an absolute minimum. In this environment, I do not believe that we can overcome the erosion of real income since 1969 of these senior government officials in one step and thus do not believe it would be appropriate to fully implement the Quad Commission's recommendations at this time. Accordingly, I have decided to propose a pay increase, but have cut substantially the recommendations made by the Quad Commissioners in their report to me last month. This increase is but the first step in addressing the loss of real income documented by the Quad Commission. In addition to this pay raise, I anticipate submitting another salary recommendation prior to leaving office - in response to the recommendations of the next Quad Commission, which will be appointed and will make its recommendations in 1988. While I cannot pre-judge those recommendations, assuming continued progress toward eliminating the deficit and favorable economic conditions, I would expect to recommend at that time another step toward overcoming that erosion of real income. Moreover, I have decided to establish a Career Manager Pay Commission to review and report to me by next August on appropriate pay scales for our elite corps of career Government managers - those technically not included in the Quad Commission's mandate. The pay increases I am now proposing to Congress, together with responses to the recommendations of the new Career Manager Pay Commission and the next Quad Commission, are intended to constitute a significant advancement toward placing Government compensation on a fairer and more comparable footing. Accordingly, pursuant to subparagraphs (A), (B), (C), (D), and (E) of subsection (f) of section 225(h) of Public Law 90-206 (81 Stat. 644) (2 U.S.C. 356(A)-(E), 358): For the Vice President of the United States $115,000 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 99,500 Positions at level II 89,500 Positions at level III 82,500 Positions at level IV 77,500 Positions at level V 72,500 For the Board of Governors, United States Postal Service 10,000 For Speaker of the House of Representatives 115,000 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 99,500 For Senators, Members of the House of Representatives, Delegates to the House of Representatives, and the Resident Commissioner from Puerto Rico 89,500 For other officers and positions in the legislative branch as follows: Comptroller General of the United States 89,500 Deputy Comptroller General of the United States, Librarian of Congress, and Architect of the Capitol 82,500 Public Printer, General Counsel of the General Accounting Office, Deputy Librarian of Congress, and Assistant Architect of the Capitol 77,500 Deputy Public Printer 72,500 For Justices, judges, and other personnel in the judicial branch as follows: Chief Justice of the United States 115,000 Associate Justices of the Supreme Court 110,000 Judges: Circuit Court of Appeals 95,000 Court of Military Appeals 95,000 U.S. District Courts 89,500 Court of International Trade 89,500 Tax Court of the United States 89,500 U.S. Claims Court 82,500 Special Trial Judges of the Tax Court (FOOTNOTE 2) 72,500 Bankruptcy Judges 72,500 Director of the Administrative Office of the U.S. Courts 89,500 Deputy Director of the Administrative Office of the U.S. Courts 72,500 U.S. Magistrates (full-time) (maximum) 72,500 U.S. Magistrates (part-time) (maximum) 36,200 Sincerely, Ronald Reagan. (FOOTNOTE 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 5, 1987. The recommendations are effective at the beginning of the first day of the first pay period which begins for such office or position after the end of the thirty day period for congressional consideration (2 U.S.C. 359). The text is published in accordance with 2 U.S.C. 361. (FOOTNOTE 2) Editorial note: This is the text of identical letters addressed to William D. Ford, Chairman of the House of Representatives Committee on Post Office and Civil Service, and John Glenn, Chairman of the Senate Committee on Governmental Affairs. January 23, 1987 Dear Mr. Chairman: As you undoubtedly realize, the recommendations for Executive, Legislative, and Judicial Salaries accompanying the Fiscal Year 1988 Budget erroneously included one category of position that is no longer directly subject to the quadrennial review process. Under section 1556 of Public Law 99-514, the Tax Reform Act of 1986, Special Trial Judges of the Tax Court no longer have their pay set directly under the quadrennial review process, but are instead paid 90 percent of the salary paid to judges of the Tax Court, a position that does remain under the quadrennial review process. Thus, the inclusion of these positions in the report can be ignored since it was erroneous and of no force and effect. Under the President's executive pay recommendations, the Tax Court Judges would be paid $89,500; the Tax Court's Special Trial Judges would consequently be paid $80,550, rather than the amount shown in the executive pay message ($72,500). Sincerely yours, James C. Miller III, Director. DISAPPROVAL OF SALARY RECOMMENDATIONS FOR 1987 INCREASES Pub. L. 100-6, Sec. 3, Feb. 12, 1987, 101 Stat. 94, provided that: 'The recommendations of the President relating to rates of pay for offices and positions within the purview of section 225(f) of the Federal Salary Act of 1967 (2 U.S.C. 356), as included (pursuant to section 225(h) of such Act (2 U.S.C. 358)) in the budget transmitted to the Congress for fiscal year 1988, are disapproved.' (The recommendations became effective pursuant to section 359 of this title.) SALARY RECOMMENDATIONS FOR 1981 INCREASES TRANSMITTED TO CONGRESS JAN. 7, 1981 H.DOC. NO. 97-6, CONG. REC., VOL. 127, PT. 1, P. 241, JAN. 9, 1981 To the Congress of the United States: If the Federal Government is to meet successfully the enormous challenges it faces in these difficult times, it must be able to attract and retain men and women of outstanding ability and experience for its highest posts. Monetary awards are not the principal attractions offered by the public service, and complete parity with private sector salaries is neither desirable nor possible. Those who serve at the highest levels of the Federal Government expect and are willing to make some financial sacrifice to serve their country. Nevertheless, compensation levels today have fallen below the point at which they provide adequate monetary recognition of the complexity and importance of top Federal jobs. The financial sacrifice demanded of top Federal officials is becoming far too great. Since the last quadrennial adjustment in 1977, the salaries of those officials have increased only 5.5 percent. During that same period, the CPI has risen by about 45 percent, which means that the purchasing power of these salaries has declined by about 28 percent. I fully recognize that the salaries already being paid these officials look very large to the average taxpayer. But when we are seeking to fill an Assistant Secretary position, a Bureau Chief position, or one of the other top level policymaking positions in the Executive Branch, we want people who know the specialized field involved and who have had extensive experience and success in it. Usually, these people are already being highly paid, and there is a limit to the financial sacrifices they can afford to make. Not only is the discrepancy between private sector executive pay large now; it is continuing to widen. Since 1977, for example, while Federal executive pay has risen only 5.5 percent, private sector executive pay has gone up about 25 percent. If this gap continues to widen, government service will be so unattractive that increasing numbers of the best qualified will refuse to serve. These observations apply equally to the selection of judges. The Federal judiciary has traditionally drawn a substantial number of appointees from the top echelons of the legal profession. These individuals are mature, experienced, and often at the height of their career earnings. When they become judges, it is usually at a financial sacrifice. If the sacrifice we ask becomes too great, increasing numbers of those best qualified will refuse consideration for appointment. The Attorney General tells me we are already receiving many declinations from lawyers of the quality we desire. We must not allow that trend to accelerate. In addition to the recruiting problem, there are important considerations of retention and of equity. Resignations from the Federal bench show a disturbing tendency: only seven Federal judges resigned in the 1950's, and eight in the 1960's; but 24 resigned in the 1970's. Three resigned in 1980 alone. The Constitution wisely provided that Federal judges would be appointed for life. The founders believed, and experience has confirmed, that lifetime service enhances the integrity and independence of a judge's performance. It also strengthens public confidence that judges possess these qualities, and increases public respect for their decisions. When lifetime judges leave the bench because of inadequate salaries, the public loses more than their experience and efficiency. The public also loses the confidence in the judicial process that is central to the success of our Constitutional system. Obviously, many judges will not leave the bench even for the much larger salaries they could earn by returning to private practice. But the devotion of these judges should not be rewarded by unfair treatment. Something must be done to encourage and reward continuous judicial service. Turning now to career executives, you know that Executive Levels IV and V (5 U.S.C. 5315 and 5316) are by law the ceiling for career salaries. You know also that General Schedule salaries have risen by 31.9 percent over the period in which executive salaries rose by only 5.5 percent. As a result, more and more GS employees each year reach the executive pay ceiling. Consequently, we now have a salary system in which up to seven levels of career executives and managers are all receiving the same pay. Career executives who are promoted to more responsible and demanding positions often receive no pay increase whatsoever to compensate them for taking on heavier responsibilities. Agencies with field organizations, which need to advance successful managers from district offices to regional offices to headquarters offices find it increasingly difficult to persuade capable employees to move their families for 'promotions' that carry no pay increase. One result of this compression is that many experienced and valuable career executives are retiring as quickly as they become eligible for retirement. For the twelve month period ending last March, a startling 75 percent of career executives in the 55-59 age bracket who were at the executive pay ceiling and were eligible to retire, did so. The result is that talented, experienced and creative public servants are leaving when they are of maximum value to their agencies. Unless these trends are reversed, the nation cannot expect to retain a high quality senior career group. Congress shares many of these salary problems. We all know that people do not run for office because of the salaries involved, and that many people would run for Congress even if the members drew no pay at all. But it is of vital importance to have Congressional salaries high enough to attract a broad range of people, including those who want their families to enjoy the same standard of living they would if they were carrying even moderately comparable responsibilities in other occupations. Congressional salaries have experienced the same loss of purchasing power as those already discussed. Yet, Congressmen face even greater expense than the other groups because they must maintain two residences and have other expenses stemming from their unique responsibilities. So they, too, need pay increases. As the law provides, a Commission on Executive, Legislative and Judicial Salaries has considered these and related salary issues. This Commission, which was composed of distinguished private citizens with no selfish interests in Federal pay scales, made the findings I have summarized above. To correct them, it has unanimously recommended salary increases averaging about 40 percent. I have no doubt that the facts fully justify those recommendations. Nevertheless, I continue to be concerned that we balance compensation needs against Federal Government leadership in fighting inflation and in minimizing the overall costs of government. Consequently, I am recommending to you in my budget for fiscal year 1982 that smaller increases be allowed at this time, but - just as importantly - that we commit ourselves to allowing future increases annually to prevent these salary problems from continuing to worsen. As you know, General Schedule employees received increases in fiscal year 1979 and fiscal year 1980 that totaled 16.8 percent. By operation of Public Law 94-82 (see Short Title of 1975 Amendment note set out under 5 U.S.C. 5312), the legal salaries of top level officials also increased by these same amounts. Congress, with my concurrence, enacted appropriation language that temporarily prohibited the payment of those increases to the top officials. Consequently, their payable salaries are now 16.8 percent below their legal salaries. Several judges sued over the application of that appropriation limitation to the judiciary and recently won a Supreme Court decision that means many judges will receive the 16.8 percent in question. I believe the least we can do at this point is to give the Executive and Legislative branch officials the 16.8 percent already received by most General Schedule employees and already won by the judges. Just as important as the immediate increase, however, is adoption of the principle that we will allow whatever increase is granted General Schedule employees in October of 1981 and in subsequent years to be paid also to the top level officials, as Public Law 94-82 (see Short Title of 1975 Amendment note set out under 5 U.S.C. 5312) provides. Only by following this principle can we prevent the salary muddle from becoming worse every year. Experience has shown that if we wait four years to make salary adjustments in a time of rapid inflation, the needed catch-up will be so large as to be unacceptable to out (our) citizens. Because the case for a significant increase in the salaries of Federal judges is especially strong, I urge also that Congress give consideration to a salary scale for judges that would explicitly recognize the public importance of continuous judicial service; for example, by an annual or periodic increase for longevity in addition to the cost of living adjustments that are made from time to time. In addition, I urge that Congress give careful consideration to the five non-salary recommendations made by the Commission, especially their proposal for a special two year study of the complex and harmful compensation problems that now exist. The Commission concluded that the conditions I have outlined constitute '. . . a quiet crisis, unperceived by most citizens of the nation but requiring an immediate response by the President and the Congress to safeguard the high quality of its senior officials.' I agree with that conclusion and urge you to act favorably upon my recommendations. President-elect Reagan has authorized me to say that he fully supports these recommendations. Public Law 95-16 (probably should be 95-19, title IV, Sec. 401(a), Apr. 12, 1977, 91 Stat. 45, which amended section 356 of this title) provides that each House must within 60 days conduct a separate recorded vote on my recommendations for each branch of government. In addition, if you wish to accept my recommendation to make the current legal rates payable now, you should amend section 101(c) of Public Law 96-536 (Dec. 16, 1980, 94 Stat. 3167) accordingly. In the event that you decide you do not wish to approve increases for your own Members, I strongly urge that you allow them for officials of the Executive and Judicial branches. The gravity of the 'quiet crisis' those branches face requires you to do no less. Jimmy Carter. DISAPPROVAL OF SALARY RECOMMENDATIONS FOR 1981 INCREASES The recommendations of the President for salary increases were 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. SALARY RECOMMENDATIONS FOR 1977 INCREASES TRANSMITTED TO CONGRESS JAN. 17, 1977 42 F.R. 10297; 91 STAT. 1643 As required by section 225 of the Federal Salary Act of 1967, Public Law 90-206 (2 U.S.C. 351 et seq.), the Commission on Executive, Legislative, and Judicial Salaries has submitted to the President 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 the President, in the budget next submitted by him after receipt of the report of the Commission, to set forth his recommendations for adjustment of these salaries. Under the statute, the President's recommendations become effective 30 days following transmittal of the budget, unless in the meantime other rates have been enacted by law or at least one House of Congress has enacted legislation which specifically disapproves all or part of the recommendations. Accordingly, pursuant to section 225(h) of Public Law 90-206 (81 Stat. 644) (2 U.S.C. 358), the President recommends the following rates of pay for executive, legislative, and judicial offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of subsection (f) of that section (2 U.S.C. 356(A)-(D)): For the Vice President of the United States $75,000 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 66,000 Positions at level II 57,500 Positions at level III 52,500 Positions at level IV 50,000 Positions at level V 47,500 For Speaker of the House of Representatives 75,000 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 65,000 For Senators, Members of the House of Representatives, Delegate to the House of Representatives and the Resident Commissioner from Puerto Rico 57,500 For other officers and positions in the legislative branch as follows: Comptroller General of the United States 57,500 Deputy Comptroller General of the United States 52,500 The Public Printer, Librarian of Congress, Architect of the Capitol, and General Counsel of the General Accounting Office 50,000 The Deputy Public Printer, Deputy Librarian of Congress, and Assistant Architect of the Capitol 47,500 For Justices, judges and other personnel in the judicial branch as follows: Chief Justice of the United States 75,000 Associate Justices of the Supreme Court 72,000 Judges, Circuit Court of Appeals; judges, Court of Claims; judges, Court of Military Appeals; judges, Court of Customs and Patent Appeals 57,500 Judges, District Courts; judges, Customs Court; judges, Tax Court of the United States 54,500 Director of the Administrative Office of the U.S. Courts 54,500 Deputy Director of the Administrative Office of the U.S Courts; Commissioners, Court of Claims; referees in bankruptcy, full time (maximum) 48,500 Referees in bankruptcy part time (maximum) 24,200 SALARY RECOMMENDATIONS FOR 1969 INCREASES TRANSMITTED TO CONGRESS JAN. 15, 1969 34 F.R. 2241; 83 STAT. 863 Public Law 90-206, approved December 16, 1967 (this chapter), established the Commission on Executive, Legislative, and Judicial Salaries. The Commission is required to make recommendations to the President, at 4-year intervals, on the rates of pay for Senators, Representatives, Federal judges, Cabinet officers and other agency heads, and certain other officials in the executive, legislative, and judicial branches. The law requires that the President, in the budget next submitted by him after receipt of a report of the Commission, set forth his recommendations with respect to the exact rates of pay he deems advisable for those offices and positions covered by the law. The President's recommendations become effective 30 days following transmittal of the budget, unless in the meantime other rates have been enacted by law or at least one House of Congress has enacted legislation which specifically disapproves of all or part of the recommendations. At the request of the President, the first report of the Commission was submitted to him in December 1968. The report has been considered by the President and, in accordance with section 225(h) of Public Law 90-206, approved December 16, 1967, 81 Stat. 644 (this section), the President recommends the following rates of pay for executive, legislative, and judicial offices and positions within the purview of subsection (f) of that section: A. Senators, Members of the House of Representatives, and the Resident Commissioner from Puerto Rico $42,500 B. For other offices and positions in the legislative branch, as follows: Comptroller General of the United States $42,500 Assistant Comptroller General (now Deputy Comptroller General) of the United States $40,000 General Counsel of the United States General Accounting Office, Librarian of Congress, Public Printer, Architect of the Capitol $38,000 Deputy Librarian of Congress, Deputy Public Printer, Assistant Architect of the Capitol $36,000 C. For justices, judges, and other personnel in the judicial branch, as follows: Chief Justice of the United States $62,500 Associate Justices of the Supreme Court $60,000 Judges, Circuit Court of Appeals; judges, Court of Claims; judges, Court of Military Appeals; judges, Court of Customs and Patent Appeals $42,500 Judges, District Courts; judges, Customs Court; judges, Tax Court of the United States; Director of the Administrative Office of the United States Courts $40,000 Deputy Director of the Administrative Office of the United States Courts; commissioners, Court of Claims; referees in bankruptcy, full-time (maximum) $36,000 Referees in bankruptcy, part-time (maximum) $18,000 D. For offices and positions under the Executive Schedule in subchapter II of chapter 53 of title 5, United States Code (sections 5311 to 5317 of title 5, Government Organization and Employees): Positions at level I $60,000 Positions at level II $42,500 Positions at level III $40,000 Positions at level IV $38,000 Positions at level V $36,000 -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 359, 360, 362 of this title. ------DocID 7576 Document 669 of 1400------ -CITE- 2 USC Sec. 359 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 359. Effective date of recommendations of President -STATUTE- (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. -SOURCE- (Pub. L. 90-206, title II, Sec. 225(i), Dec. 16, 1967, 81 Stat. 644; Pub. L. 95-19, title IV, Sec. 401(a), Apr. 12, 1977, 91 Stat. 45; Pub. L. 99-190, Sec. 135(e), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101-194, title VII, Sec. 701(g), Nov. 30, 1989, 103 Stat. 1765.) -MISC1- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 360 of this title. ------DocID 7577 Document 670 of 1400------ -CITE- 2 USC Sec. 360 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 360. Effect of recommendations on existing law and prior recommendations -STATUTE- 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. -SOURCE- (Pub. L. 90-206, title II, Sec. 225(j), Dec. 16, 1967, 81 Stat. 644; Pub. L. 95-19, title IV, Sec. 401(b), Apr. 12, 1977, 91 Stat. 46; Pub. L. 99-190, Sec. 135(f), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101-194, title VII, Sec. 701(h), Nov. 30, 1989, 103 Stat. 1766.) -MISC1- 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,'. ------DocID 7578 Document 671 of 1400------ -CITE- 2 USC Sec. 361 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 361. Publication of recommendations -STATUTE- 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. -SOURCE- (Pub. L. 90-206, title II, Sec. 225(k), Dec. 16, 1967, 81 Stat. 644.) ------DocID 7579 Document 672 of 1400------ -CITE- 2 USC Sec. 362 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 362. Requirements applicable to recommendations -STATUTE- 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. -SOURCE- (Pub. L. 90-206, title II, Sec. 225(l), as added Pub. L. 101-194, title VII, Sec. 701(i), Nov. 30, 1989, 103 Stat. 1766.) ------DocID 7580 Document 673 of 1400------ -CITE- 2 USC Sec. 363 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 363. Additional function -STATUTE- 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. -SOURCE- (Pub. L. 90-206, title II, Sec. 225(m), as added Pub. L. 101-194, title VII, Sec. 701(j), Nov. 30, 1989, 103 Stat. 1767.) ------DocID 7581 Document 674 of 1400------ -CITE- 2 USC Sec. 364 -EXPCITE- TITLE 2 CHAPTER 11 -HEAD- Sec. 364. Provision relating to certain other pay adjustments -STATUTE- (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. -SOURCE- (Pub. L. 90-206, title II, Sec. 225(n), as added Pub. L. 101-194, title VII, Sec. 701(k), Nov. 30, 1989, 103 Stat. 1767.) -REFTEXT- 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. ------DocID 7582 Document 675 of 1400------ -CITE- 2 USC CHAPTER 12 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- CHAPTER 12 - CONTESTED ELECTIONS -MISC1- Sec. 381. Definitions. 382. Notice of contest. (a) Filing of notice. (b) Contents and form of notice. (c) Service of notice; proof of service. 383. Response of contestee. (a) Answer. (b) Defenses by motion prior to answer. (c) Motion for more definite statement. (d) Time for serving answer after service of motion. 384. Service and filing of papers other than notice of contest. (a) Modes of service. (b) Filing of papers with clerk. (c) Proof of service. 385. Default of contestee. 386. Deposition. (a) Oral examination. (b) Scope of examination. (c) Order and time of taking testimony. (d) Officer before whom testimony may be taken. (e) Subpena. (f) Taking of testimony by party or his agent. (g) Conduct of examination; recordation of testimony; notation of objections; interrogatories. (h) Examination of deposition by witness; signature of witness or officer; use of deposition. 387. Notice of depositions. (a) Time for service; form. (b) Testimony by stipulation. (c) Testimony by affidavit; time for filing. 388. Subpena for attendance at deposition. (a) Issuance. (b) Time, method, and proof of service. (c) Place of examination. (d) Form. (e) Production of documents. 389. Officer and witness fees. 390. Penalty for failure to appear, testify, or produce documents. 391. Certification and filing of depositions. (a) Sealing of papers; deposit with clerk. (b) Notification of filing. (c) Copy of deposition to parties or deponents. 392. Record. (a) Hearing on papers, depositions, and exhibits. (b) Appendix to contestant's brief. (c) Appendix to contestee's brief. (d) Contestant's brief; service on contestee. (e) Contestee's brief; service on contestant. (f) Reply brief of contestant. (g) Form of briefs; number of copies served and filed. 393. Filing of pleadings, motions, depositions, appendixes, briefs, and other papers. 394. Computation of time. (a) Method of computing time. (b) Service by mail. (c) Enlargement of time. 395. Death of contestant. 396. Allowance of party's expenses. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 25b of this title. ------DocID 7583 Document 676 of 1400------ -CITE- 2 USC Sec. 381 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 381. Definitions -STATUTE- For purposes of this chapter - (a) The term 'election' means an official general or special election to choose a Representative in or Resident Commissioner to the Congress of the United States, but does not include a primary election, or a caucus or convention of a political party. (b) The term 'candidate' means an individual (1) whose name is printed on the official ballot for election to the House of Representatives of the United States, or (2) notwithstanding his name is not printed on such ballot, who seeks election to the House of Representatives 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. (c) The term 'contestant' means an individual who contests the election of a Member of the House of Representatives of the United States under this chapter. (d) The term 'contestee' means a Member of the House of Representatives of the United States whose election is contested under this chapter. (e) The 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 but has not taken the oath of office. (f) The term 'Clerk' means the Clerk of the House of Representatives of the United States. (g) The term 'committee' means the Committee on House Administration of the House of Representatives of the United States. (h) The term 'State' includes territory and possession of the United States. (i) 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. -SOURCE- (Pub. L. 91-138, Sec. 2, Dec. 5, 1969, 83 Stat. 284.) -MISC1- EFFECTIVE DATE Section 19 of Pub. L. 91-138 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 Section 1 of Pub. L. 91-138 provided that: 'This Act (enacting this chapter and repealing sections 201 to 226 of this title) may be cited as the 'Federal Contested Elections Act'.' ------DocID 7584 Document 677 of 1400------ -CITE- 2 USC Sec. 382 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 382. Notice of contest -STATUTE- (a) Filing of notice Whoever, having been a candidate for election to the House of Representatives 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 of 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; or (FOOTNOTE 1) (FOOTNOTE 1) So in original. The 'or' at the end of cl. (4) probably should appear at the end of cl. (5). (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; (FOOTNOTE 1) (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. -SOURCE- (Pub. L. 91-138, Sec. 3, Dec. 5, 1969, 83 Stat. 284.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 383, 394 of this title. ------DocID 7585 Document 678 of 1400------ -CITE- 2 USC Sec. 383 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 383. Response of contestee -STATUTE- (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. -SOURCE- (Pub. L. 91-138, Sec. 4, Dec. 5, 1969, 83 Stat. 285.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 382, 386 of this title. ------DocID 7586 Document 679 of 1400------ -CITE- 2 USC Sec. 384 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 384. Service and filing of papers other than notice of contest -STATUTE- (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. -SOURCE- (Pub. L. 91-138, Sec. 5, Dec. 5, 1969, 83 Stat. 286.) ------DocID 7587 Document 680 of 1400------ -CITE- 2 USC Sec. 385 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 385. Default of contestee -STATUTE- 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. -SOURCE- (Pub. L. 91-138, Sec. 6, Dec. 5, 1969, 83 Stat. 286.) ------DocID 7588 Document 681 of 1400------ -CITE- 2 USC Sec. 386 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 386. Deposition -STATUTE- (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. -SOURCE- (Pub. L. 91-138, Sec. 7, Dec. 5, 1969, 83 Stat. 286.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 387 of this title. ------DocID 7589 Document 682 of 1400------ -CITE- 2 USC Sec. 387 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 387. Notice of depositions -STATUTE- (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. -SOURCE- (Pub. L. 91-138, Sec. 8, Dec. 5, 1969, 83 Stat. 287.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 386 of this title. ------DocID 7590 Document 683 of 1400------ -CITE- 2 USC Sec. 388 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 388. Subpena for attendance at deposition -STATUTE- (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. -SOURCE- (Pub. L. 91-138, Sec. 9, Dec. 5, 1969, 83 Stat. 288.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 386 of this title. ------DocID 7591 Document 684 of 1400------ -CITE- 2 USC Sec. 389 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 389. Officer and witness fees -STATUTE- (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. -SOURCE- (Pub. L. 91-138, Sec. 10, Dec. 5, 1969, 83 Stat. 288.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 388 of this title. ------DocID 7592 Document 685 of 1400------ -CITE- 2 USC Sec. 390 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 390. Penalty for failure to appear, testify, or produce documents -STATUTE- 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. -SOURCE- (Pub. L. 91-138, Sec. 11, Dec. 5, 1969, 83 Stat. 288.) ------DocID 7593 Document 686 of 1400------ -CITE- 2 USC Sec. 391 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 391. Certification and filing of depositions -STATUTE- (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. -SOURCE- (Pub. L. 91-138, Sec. 12, Dec. 5, 1969, 83 Stat. 289.) ------DocID 7594 Document 687 of 1400------ -CITE- 2 USC Sec. 392 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 392. Record -STATUTE- (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. -SOURCE- (Pub. L. 91-138, Sec. 13, Dec. 5, 1969, 83 Stat. 289.) ------DocID 7595 Document 688 of 1400------ -CITE- 2 USC Sec. 393 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 393. Filing of pleadings, motions, depositions, appendixes, briefs, and other papers -STATUTE- (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. -SOURCE- (Pub. L. 91-138, Sec. 14, Dec. 5, 1969, 83 Stat. 289.) ------DocID 7596 Document 689 of 1400------ -CITE- 2 USC Sec. 394 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 394. Computation of time -STATUTE- (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. -SOURCE- (Pub. L. 91-138, Sec. 15, Dec. 5, 1969, 83 Stat. 290.) ------DocID 7597 Document 690 of 1400------ -CITE- 2 USC Sec. 395 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 395. Death of contestant -STATUTE- In the event of the death of the contestant, the contested election case shall abate. -SOURCE- (Pub. L. 91-138, Sec. 16, Dec. 5, 1969, 83 Stat. 290.) ------DocID 7598 Document 691 of 1400------ -CITE- 2 USC Sec. 396 -EXPCITE- TITLE 2 CHAPTER 12 -HEAD- Sec. 396. Allowance of party's expenses -STATUTE- The committee may allow any party reimbursement from the contingent fund 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. -SOURCE- (Pub. L. 91-138, Sec. 17, Dec. 5, 1969, 83 Stat. 290.) ------DocID 7599 Document 692 of 1400------ -CITE- 2 USC CHAPTER 13 -EXPCITE- TITLE 2 CHAPTER 13 -HEAD- CHAPTER 13 - JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS -MISC1- Sec. 411. Joint Committee on Congressional Operations. (a) Creation. (b) Membership. (c) Vacancies. (d) Chairman and vice chairman; selection. 412. Duties of Joint Committee. (a) Congressional improvements, study and recommendations; identification of court proceedings. (b) Exercise of functions under section 416 of this title. (c) Report to Congress. (d) Excepted matters. 412a. Continuing study of jurisdiction of House standing committees by House members of Joint Committee; periodic report to House Committee on Rules; contents and purposes of report. 413. Powers of Joint Committee; rule making, majority requirement; subpenas, signature and service; administration of oaths. 414. Staff and Joint Committee: appointment, duties, pay, discharge; utilization of Government personnel, consultants, and experts. 415. Records of Joint Committee. 416. Office of Placement and Office Management. (a) Supervision of Joint Committee; Director and other personnel: appointment, duties, pay, and termination of employment. (b) Assistance in personnel hiring and office management. (c) Use of facilities not required when inappropriate. 417. Expenses of Joint Committee; payment from contingent fund. ------DocID 7600 Document 693 of 1400------ -CITE- 2 USC Sec. 411 -EXPCITE- TITLE 2 CHAPTER 13 -HEAD- Sec. 411. Joint Committee on Congressional Operations -STATUTE- (a) Creation There is hereby created a Joint Committee on Congressional Operations (hereafter in this chapter referred to as the 'Joint Committee'). (b) Membership The Joint Committee shall be composed of ten members as follows: (1) five Members of the Senate, appointed by the President pro tempore of the Senate, three from the majority party and two from the minority party; and (2) five Members of the House of Representatives appointed by the Speaker of the House of Representatives, three from the majority party and two from the minority party. (c) Vacancies Vacancies in the membership of the Joint Committee shall not affect the power of the remaining members to execute the functions of the Joint Committee and shall be filled in the same manner as in the case of the original appointment. (d) Chairman and vice chairman; selection The Joint Committee 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 Joint Committee from among their number and the chairman during each odd-numbered Congress shall be selected by the Members of the Senate on the Joint Committee 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. -SOURCE- (Pub. L. 91-510, title IV, Sec. 401, Oct. 26, 1970, 84 Stat. 1187.) -MISC1- EFFECTIVE DATE Chapter 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 72a of this title. CESSATION No funds have been appropriated for the Joint Committee on Congressional Operations subsequent to Sept. 30, 1977, and the Joint Committee has ceased to function. ------DocID 7601 Document 694 of 1400------ -CITE- 2 USC Sec. 412 -EXPCITE- TITLE 2 CHAPTER 13 -HEAD- Sec. 412. Duties of Joint Committee -STATUTE- (a) Congressional improvements, study and recommendations; identification of court proceedings The Joint Committee shall - (1) make a continuing study of the organization and operation of the Congress of the United States and shall recommend improvements in such organization and operation with a view toward strengthening Congress, simplifying its operations, improving its relationships with other branches of the United States Government, and enabling it better to meet its responsibilities under the Constitution of the United States; and (2) identify any court proceeding or action which, in the opinion of the Joint Committee, is of vital interest to the Congress, or to either House of the Congress, as a constitutionally established institution of the Federal Government and call such proceeding or action to the attention of that House of the Congress which is specifically concerned or to both Houses of the Congress if both Houses are concerned. (b) Exercise of functions under section 416 of this title The Joint Committee shall exercise all functions vested in it by section 416 of this title. (c) Report to Congress The Joint Committee shall report, from time to time, to the Senate and the House of Representatives their recommendations with respect to matters within the jurisdiction of the Joint Committee. (d) Excepted matters Nothing in this chapter shall be construed to authorize the Joint Committee to make any recommendations with respect to the rules, parliamentary procedure, practices, or precedents of either House or the consideration of any matter on the floor of either House. -SOURCE- (Pub. L. 91-510, title IV, Sec. 402, Oct. 26, 1970, 84 Stat. 1187.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 414 of this title. ------DocID 7602 Document 695 of 1400------ -CITE- 2 USC Sec. 412a -EXPCITE- TITLE 2 CHAPTER 13 -HEAD- Sec. 412a. Continuing study of jurisdiction of House standing committees by House members of Joint Committee; periodic report to House Committee on Rules; contents and purposes of report -STATUTE- The House members of the Joint Committee on Congressional Operations shall undertake and conduct a continuing study of the jurisdiction of the various standing committees of the House under Rule X of the Rules of the House and the relative workloads sustained by such committees as a result thereof, and periodically shall prepare for submission to and consideration by the Committee on Rules (and for possible submission by that committee to the full House) a report including any recommended changes in the Rules of the House which may be necessary or appropriate to effect a more equitable distribution of workload or a more rational combination of jurisdictional responsibilities. It is the sense of the House of Representatives that the House members of the Joint Committee on Congressional Operations should work with the Senate members of such joint committee in an effort to rationalize the committee jurisdiction between the Houses. -SOURCE- (Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1777.) -COD- CODIFICATION Section is based on section 206 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93-554. -MISC3- EFFECTIVE DATE Section 101 of Pub. L. 93-554 provided in part that the enactment of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, into permanent law is effective on Jan. 2, 1975. This section is derived from enactment into permanent law of section 206 of House Resolution No. 988. ------DocID 7603 Document 696 of 1400------ -CITE- 2 USC Sec. 413 -EXPCITE- TITLE 2 CHAPTER 13 -HEAD- Sec. 413. Powers of Joint Committee; rule making, majority requirement; subpenas, signature and service; administration of oaths -STATUTE- The Joint Committee, or any duly authorized subcommittee thereof, is authorized to sit and act at such places and times during the sessions, recesses, and adjourned periods of Congress, 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 Joint Committee may make such rules respecting its organization and procedures as it deems necessary, except that no recommendation shall be reported from the Joint Committee unless a majority of the Joint Committee assent. Subpenas may be issued over the signature of the chairman of the Joint Committee or of any member designated by him or by the Joint Committee, and may be served by such person or persons as may be designated by such chairman or member. The chairman of the Joint Committee or any member thereof may administer oaths or affirmations to witnesses. -SOURCE- (Pub. L. 91-510, title IV, Sec. 403, Oct. 26, 1970, 84 Stat. 1188.) ------DocID 7604 Document 697 of 1400------ -CITE- 2 USC Sec. 414 -EXPCITE- TITLE 2 CHAPTER 13 -HEAD- Sec. 414. Staff of Joint Committee: appointment, duties, pay, discharge; utilization of Government personnel, consultants, and experts -STATUTE- (a) In carrying out its functions under subsections (a) and (c) of section 412 of this title, the Joint Committee is authorized, by record vote of a majority of the members of the Joint Committee - (1) to appoint, on a permanent basis, without regard to political affiliation and solely on the basis of fitness to perform their duties, not more than six professional staff members and not more than six clerical staff members; (2) to prescribe their duties and responsibilities; (3) to fix their pay at respective per annum gross rates not in excess of the highest rate of basic pay, as in effect from time to time, of the General Schedule of section 5332(a) of title 5; and (4) to terminate their employment as the Joint Committee may deem appropriate. (b) In carrying out any of its functions under this chapter, the Joint Committee is authorized to utilize the services, information, facilities, and personnel of the departments and establishments of the Government, and to procure the temporary (not to exceed one year) or intermittent services of experts or consultants or organizations thereof by contract at rates of pay not in excess of the per diem equivalent of the highest rate of basic pay set forth in the General Schedule of section 5332 of title 5, including payment of such rates for necessary traveltime. -SOURCE- (Pub. L. 91-510, title IV, Sec. 404, Oct. 26, 1970, 84 Stat. 1188.) -MISC1- 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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 7605 Document 698 of 1400------ -CITE- 2 USC Sec. 415 -EXPCITE- TITLE 2 CHAPTER 13 -HEAD- Sec. 415. Records of Joint Committee -STATUTE- The Joint Committee shall keep a complete record of all Joint Committee actions, including a record of the votes on any question on which a record vote is demanded. All records, data, charts, and files of the Joint Committee shall be the property of the Joint Committee and shall be kept in the offices of the Joint Committee or such other places as the Joint Committee may direct. -SOURCE- (Pub. L. 91-510, title IV, Sec. 405, Oct. 26, 1970, 84 Stat. 1188.) ------DocID 7606 Document 699 of 1400------ -CITE- 2 USC Sec. 416 -EXPCITE- TITLE 2 CHAPTER 13 -HEAD- Sec. 416. Office of Placement and Office Management -STATUTE- (a) Supervision of Joint Committee; Director and other personnel: appointment, duties, pay, and termination of employment There is hereby established for the Congress an Office of Placement and Office Management which shall be subject to the supervision and control of the Joint Committee. The Joint Committee is authorized, by record vote of a majority of the members of the Joint Committee - (1) to appoint, on a permanent basis, without regard to political affiliation, and solely on the basis of fitness to perform his duties, a Director of the Office of Placement and Office Management to serve as the head of the staff of the Office and such personnel as the Joint Committee deems necessary; (2) to prescribe their duties and responsibilities; (3) to fix their pay at respective per annum gross rates not in excess of the highest rate of basic pay, as in effect from time to time of the General Schedule of section 5332(a) of title 5; and (4) to terminate their employment, as the Joint Committee may deem appropriate. (b) Assistance in personnel hiring and office management It shall be the duty of the Office, upon request, to assist Members, committees, and officers of the Senate and House of Representatives seeking competent personnel with specified qualifications and to furnish advice and information with respect to office management procedures. (c) Use of facilities not required when inappropriate Nothing in this section shall be held or considered to require the use of the facilities of the Office by any Member, committee, or officer of the Senate or House of Representatives, if, in the opinion of such Member, committee, or officer, the use of such facilities is inappropriate. -SOURCE- (Pub. L. 91-510, title IV, Sec. 406, Oct. 26, 1970, 84 Stat. 1189.) -MISC1- 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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 412 of this title. ------DocID 7607 Document 700 of 1400------ -CITE- 2 USC Sec. 417 -EXPCITE- TITLE 2 CHAPTER 13 -HEAD- Sec. 417. Expenses of Joint Committee; payment from contingent fund -STATUTE- The expenses of the Joint Committee shall be paid from the contingent fund of the House of Representatives, from funds appropriated for the Joint Committee, upon vouchers approved by the chairman. -SOURCE- (Pub. L. 91-510, title IV, Sec. 407, Oct. 26, 1970, 84 Stat. 1189.) ------DocID 7608 Document 701 of 1400------ -CITE- 2 USC CHAPTER 14 -EXPCITE- TITLE 2 CHAPTER 14 -HEAD- CHAPTER 14 - FEDERAL ELECTION CAMPAIGNS -MISC1- SUBCHAPTER I - DISCLOSURE OF FEDERAL CAMPAIGN FUNDS Sec. 431. Definitions. 432. Organization of political committees. (a) Treasurer; vacancy; official authorizations. (b) Account of contributions; segregated funds. (c) Recordkeeping. (d) Preservation of records and copies of reports. (e) Principal and additional campaign committees; designations, status of candidate, authorized committees, etc. (f) Filing with and receipt of designations, statements, and reports by principal campaign committee. (g) Filing with and receipt of designations, statements, and reports by Clerk of House of Representatives or Secretary of Senate; forwarding to Commission; filing requirements with Commission; public inspection and preservation of designations, etc. (h) Campaign depositories; designations, maintenance of accounts, etc.; petty cash fund for disbursements; record of disbursements. (i) Reports and records, compliance with requirements based on best efforts. 433. Registration of political committees. (a) Statements of organizations. (b) Contents of statements. (c) Change of information in statements. (d) Termination, etc., requirements and authorities. 434. Reporting requirements. (a) Receipts and disbursements by treasurers of political committees; filing requirements. (b) Contents of reports. (c) Statements by other than political committees; filing; contents; indices of expenditures. 435, 436. Repealed. 437. Reports on convention financing. 437a, 437b. Repealed. 437c. Federal Election Commission. (a) Establishment; membership; term of office; vacancies; qualifications; compensation; chairman and vice chairman. (b) Administration, enforcement, and formulation of policy; exclusive jurisdiction of civil enforcement; Congressional authorities or functions with respect to elections for Federal office. (c) Voting requirements; delegation of authorities. (d) Meetings. (e) Rules for conduct of activities; judicial notice of seal; principal office. (f) Staff director and general counsel; appointment and compensation; appointment and compensation of personnel and procurement of intermittent services by staff director; use of assistance, personnel, and facilities of Federal agencies and departments; counsel for defense of actions. 437d. Powers of Commission. (a) Specific authorities. (b) Judicial orders for compliance with subpenas and orders of Commission; contempt of court. (c) Civil liability for disclosure of information. (d) Concurrent transmissions to Congress or Member of budget estimates, etc.; prior submission of legislative recommendations, testimony, or comments on legislation. (e) Exclusive civil remedy for enforcement. 437e. Repealed. 437f. Advisory opinions. (a) Requests by persons, candidates, or authorized committees; subject matter; time for response. (b) Procedures applicable to initial proposal of rules or regulations, and advisory opinions. (c) Persons entitled to rely upon opinions; scope of protection for good faith reliance. (d) Requests made public; submission of written comments by interested public. 437g. Enforcement. (a) Administrative and judicial practice and procedure. (b) Notice to persons not filing required reports prior to institution of enforcement action; publication of identity of persons and unfiled reports. (c) Reports by Attorney General of apparent violations. (d) Penalties; defenses; mitigation of offenses. 437h. Judicial review. 438. Administrative provisions. (a) Duties of Commission. (b) Audits and field investigations. (c) Statutory provisions applicable to forms and information-gathering activities. (d) Rules, regulations, or forms; issuance, procedures applicable, etc. (e) Scope of protection for good faith reliance upon rules or regulations. (f) Promulgation of rules, regulations, and forms by Commission and Internal Revenue Service; report to Congress on cooperative efforts. 439. Statements filed with State officers; 'appropriate State' defined; duties of State officers. 439a. Use of contributed amounts for certain purposes. 439b. Repealed. 439c. Authorization of appropriations. 440, 441. Repealed. 441a. Limitations on contributions and expenditures. (a) Dollar limits on contributions. (b) Dollar limits on expenditures by candidates for office of President of United States. (c) Increases on limits based on increases in price index. (d) Expenditures by national committee, State committee, or subordinate committee of State committee in connection with general election campaign of candidates for Federal office. (e) Certification and publication of estimated voting age population. (f) Prohibited contributions and expenditures. (g) Attribution of multi-State expenditures to candidate's expenditure limitation in each State. (h) Senatorial candidates. 441b. Contributions or expenditures by national banks, corporations, or labor organizations. 441c. Contributions by government contractors. (a) Prohibition. (b) Separate segregated funds. (c) 'Labor organization' defined. 441d. Publication and distribution of statements and solicitations; charge for newspaper or magazine space. 441e. Contributions by foreign nationals. 441f. Contributions in name of another prohibited. 441g. Limitation on contribution of currency. 441h. Fraudulent misrepresentation of campaign authority. 441i. Acceptance of excessive honorariums. (a) Prohibited practices. (b) Payment of honorarium to charitable organization. (c) Aggregate amount received during any calendar year. (d) Time of acceptance of honorarium. 441j. Repealed. 442. Authority to procure technical support and other services and incur travel expenses; payment of such expenses. SUBCHAPTER II - GENERAL PROVISIONS 451. Extension of credit by regulated industries; regulations. 452. Prohibition against use of certain Federal funds for election activities. 453. State laws affected. 454. Partial invalidity. 455. Period of limitations. 456. Repealed. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 61a-9 of this title; title 28 App. section 308. ------DocID 7609 Document 702 of 1400------ -CITE- 2 USC SUBCHAPTER I -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- SUBCHAPTER I - DISCLOSURE OF FEDERAL CAMPAIGN FUNDS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 455 of this title. ------DocID 7610 Document 703 of 1400------ -CITE- 2 USC Sec. 431 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 431. Definitions -STATUTE- When used in this Act: (1) The term 'election' means - (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party which has authority to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; and (D) a primary election held for the expression of a preference for the nomination of individuals for election to the office of President. (2) The term 'candidate' means an individual who seeks nomination for election, or election, to Federal office, and for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election - (A) if such individual has received contributions aggregating in excess of $5,000 or has made expenditures aggregating in excess of $5,000; or (B) if such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of $5,000 or has made such expenditures aggregating in excess of $5,000. (3) The term 'Federal office' means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (4) The term 'political committee' means - (A) any committee, club, association, or other group of persons which receives contributions aggregating in excess of $1,000 during a calendar year or which makes expenditures aggregating in excess of $1,000 during a calendar year; or (B) any separate segregated fund established under the provisions of section 441b(b) of this title; or (C) any local committee of a political party which receives contributions aggregating in excess of $5,000 during a calendar year, or makes payments exempted from the definition of contribution or expenditure as defined in paragraphs (8) and (9) aggregating in excess of $5,000 during a calendar year, or makes contributions aggregating in excess of $1,000 during a calendar year or makes expenditures aggregating in excess of $1,000 during a calendar year. (5) The term 'principal campaign committee' means a political committee designated and authorized by a candidate under section 432(e)(1) of this title. (6) The term 'authorized committee' means the principal campaign committee or any other political committee authorized by a candidate under section 432(e)(1) of this title to receive contributions or make expenditures on behalf of such candidate. (7) The term 'connected organization' means any organization which is not a political committee but which directly or indirectly establishes, administers or financially supports a political committee. (8)(A) The term 'contribution' includes - (i) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office; or (ii) the payment by any person of compensation for the personal services of another person which are rendered to a political committee without charge for any purpose. (B) The term 'contribution' does not include - (i) the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee; (ii) the use of real or personal property, including a church or community room used on a regular basis by members of a community for noncommercial purposes, and the cost of invitations, food, and beverages, voluntarily provided by an individual to any candidate or any political committee of a political party in rendering voluntary personal services on the individual's residential premises or in the church or community room for candidate-related or political party-related activities, to the extent that the cumulative value of such invitations, food, and beverages provided by such individual on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year; (iii) the sale of any food or beverage by a vendor for use in any candidate's campaign or for use by or on behalf of any political committee of a political party at a charge less than the normal comparable charge, if such charge is at least equal to the cost of such food or beverage to the vendor, to the extent that the cumulative value of such activity by such vendor on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year; (iv) any unreimbursed payment for travel expenses made by any individual on behalf of any candidate or any political committee of a political party, to the extent that the cumulative value of such activity by such individual on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year; (v) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply to any cost incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising; (vi) any payment made or obligation incurred by a corporation or a labor organization which, under section 441b(b) of this title, would not constitute an expenditure by such corporation or labor organization; (vii) any loan of money by a State bank, a federally chartered depository institution, or a depository institution the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation, Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration, other than any overdraft made with respect to a checking or savings account, made in accordance with applicable law and in the ordinary course of business, but such loan - (I) shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance that each endorser or guarantor bears to the total number of endorsers or guarantors; (II) shall be made on a basis which assures repayment, evidenced by a written instrument, and subject to a due date or amortization schedule; and (III) shall bear the usual and customary interest rate of the lending institution; (viii) any gift, subscription, loan, advance, or deposit of money or anything of value to a national or a State committee of a political party specifically designated to defray any cost for construction or purchase of any office facility not acquired for the purpose of influencing the election of any candidate in any particular election for Federal office; (ix) any legal or accounting services rendered to or on behalf of - (I) any political committee of a political party if the person paying for such services is the regular employer of the person rendering such services and if such services are not attributable to activities which directly further the election of any designated candidate to Federal office; or (II) an authorized committee of a candidate or any other political committee, if the person paying for such services is the regular employer of the individual rendering such services and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or chapter 96 of title 26, but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with section 434(b) of this title by the committee receiving such services; (x) the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That - (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or particular candidates; (xi) the payment by a candidate, for nomination or election to any public office (including State or local office), or authorized committee of a candidate, of the costs of campaign materials which include information on or referenced to any other candidate and which are used in connection with volunteer activities (including pins, bumper stickers, handbills, brochures, posters, and yard signs, but not including the use of broadcasting, newspapers, magazines, billboards, direct mail, or similar types of general public communication or political advertising): Provided, That such payments are made from contributions subject to the limitations and prohibitions of this Act; (xii) the payment by a State or local committee of a political party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That - (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or candidates; (xiii) payments made by a candidate or the authorized committee of a candidate as a condition of ballot access and payments received by any political party committee as a condition of ballot access; and (xiv) any honorarium (within the meaning of section 441i of this title). (9)(A) The term 'expenditure' includes - (i) any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made by any person for the purpose of influencing any election for Federal office; and (ii) a written contract, promise, or agreement to make an expenditure. (B) The term 'expenditure' does not include - (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; (ii) nonpartisan activity designed to encourage individuals to vote or to register to vote; (iii) any communication by any membership organization or corporation to its members, stockholders, or executive or administrative personnel, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to Federal office, except that the costs incurred by a membership organization (including a labor organization) or by a corporation directly attributable to a communication expressly advocating the election or defeat of a clearly identified candidate (other than a communication primarily devoted to subjects other than the express advocacy of the election or defeat of a clearly identified candidate), shall, if such costs exceed $2,000 for any election, be reported to the Commission in accordance with section 434(a)(4)(A)(i) of this title, and in accordance with section 434(a)(4)(A)(ii) of this title with respect to any general election; (iv) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply to costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising; (v) any payment made or obligation incurred by a corporation or a labor organization which, under section 441b(b) of this title, would not constitute an expenditure by such corporation or labor organization; (vi) any costs incurred by an authorized committee or candidate in connection with the solicitation of contributions on behalf of such candidate, except that this clause shall not apply with respect to costs incurred by an authorized committee of a candidate in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 441a(b) of this title, but all such costs shall be reported in accordance with section 434(b) of this title; (vii) the payment of compensation for legal or accounting services - (I) rendered to or on behalf of any political committee of a political party if the person paying for such services is the regular employer of the individual rendering such services, and if such services are not attributable to activities which directly further the election of any designated candidate to Federal office; or (II) rendered to or on behalf of a candidate or political committee if the person paying for such services is the regular employer of the individual rendering such services, and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or chapter 96 of title 26, but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with section 434(b) of this title by the committee receiving such services; (viii) the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That - (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or particular candidates; (ix) the payment by a State or local committee of a political party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That - (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or candidates; and (x) payments received by a political party committee as a condition of ballot access which are transferred to another political party committee or the appropriate State official. (10) The term 'Commission' means the Federal Election Commission. (11) The term 'person' includes an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons, but such term does not include the Federal Government or any authority of the Federal Government. (12) The term 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. (13) The term 'identification' means - (A) in the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the name of his or her employer; and (B) in the case of any other person, the full name and address of such person. (14) The term 'national committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Commission. (15) The term 'State committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Commission. (16) The term 'political party' means an association, committee, or organization which nominates a candidate for election to any Federal office whose name appears on the election ballot as the candidate of such association, committee, or organization. (17) The term 'independent expenditure' means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, and which is not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate. (18) The term 'clearly identified' means that - (A) the name of the candidate involved appears; (B) a photograph or drawing of the candidate appears; or (C) the identity of the candidate is apparent by unambiguous reference. (19) The term 'Act' means the Federal Election Campaign Act of 1971 as amended. -SOURCE- (Pub. L. 92-225, title III, Sec. 301, Feb. 7, 1972, 86 Stat. 11; Pub. L. 93-443, title II, Sec. 201(a), 208(c)(1), Oct. 15, 1974, 88 Stat. 1272, 1286; Pub. L. 94-283, title I, Sec. 102, 115(d), (h), May 11, 1976, 90 Stat. 478, 495, 496; Pub. L. 96-187, title I, Sec. 101, Jan. 8, 1980, 93 Stat. 1339; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT The Federal Election Campaign Act of 1971, as amended, referred to in par. (19), is Pub. L. 92-225, Feb. 7, 1972, 86 Stat. 3, as amended, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title notes set out below and Tables. -MISC2- AMENDMENTS 1986 - Pars. (8)(B)(ix)(II), (9)(A)(vii)(II). 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. 1980 - Pub. L. 96-187 changed the section designations from letters to numbers, and as so redesignated, substantially redefined the terms applicable to the provisions of this Act. 1976 - Subsec. (a)(2). Pub. L. 94-283, Sec. 102(a), substituted 'party which has authority to nominate' for 'party held to nominate'. Subsec. (e)(2). Pub. L. 94-283, Sec. 102(b), substituted 'written contract, promise, or agreement,' for 'contract, promise, or agreement, expressed or implied,'. Subsec. (e)(4). Pub. L. 94-283, Sec. 102(c), inserted provisions establishing an exception for legal or accounting services. Subsec. (e)(5). Pub. L. 94-283, Sec. 102(d), (e), 115(d) (1), substituted 'section 441b(b) of this title' for 'the last paragraph of section 610 of title 18, United States Code' in cl. (F), added cls. (G), (H), and (I), and, in the provisions following cl. (I), substituted 'person' for 'individual'. Subsec. (f)(4). Pub. L. 94-283, Sec. 102(f), 115(d)(2), inserted provisions in cl. (C) requiring the reporting to the Commission of costs directly attributable to a communication expressly advocating the election or defeat of a clearly identifiable candidate if those costs should exceed $2,000 per election, substituted 'section 441b(b) of this title' for 'the last paragraph of section 610 of title 18, United States Code' in cl. (H), and added cls. (I), (J), and (K). Subsec. (n). Pub. L. 94-283, Sec. 115(h), substituted 'section 432(e) (1) of this title' for 'section 432(f)(1) of this title'. Subsec. (o) to (q). Pub. L. 94-283, Sec. 102(g)(3), added subsecs. (o) to (q). 1974 - Pub. L. 93-443, Sec. 201(a) (1), inserted introductory reference to title IV of this Act, which for purposes of codification is translated as subchapter II of this chapter. Subsec. (a)(5). Pub. L. 93-443, Sec. 201(a)(2), struck out from definition of 'election' the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States. Subsec. (d). Pub. L. 93-443, Sec. 201(a)(3), inserted reference to 'club,' before 'association' and substituted 'other group of persons' and 'receives' for 'organization' and 'accepts'. Subsec. (e). Pub. L. 93-443, Sec. 201(a)(4), transferred the word 'means' after introductory word 'contribution' to become the initial word in pars. (1) to (4); in par. (1), incorporated existing provisions in provisions designated subpars. (A) and (B), and deleted former provisions respecting contributions for the purpose of influencing the nomination for election, or election, of any person as a presidential election or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States; in par. (2), provided for express or implied transactions; in par. (3), substitution of 'funds received by a political committee which are transferred to such committee from another political committee or other source' for 'a transfer of funds between political committees'; inserted at end of par. (4) the word 'but'; and added par. (5.) Subsec. (f). Pub. L. 93-443, Sec. 201(a)(5), transferred the word 'means' following introductory word 'expenditure' to become the initial word in pars. (1) to (3); in par. (1), incorporated existing provisions in provisions designated subpars. (A) to (C) and deleted end text reading ', or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States'; in par. (2), provided for express or implied transactions; in par. (3), substituted 'the transfer of funds by a political committee to another political committee; but' for 'a transfer of funds between political committees'; and added par. (4). Subsec. (g). Pub. L. 93-443, Sec. 208(c)(1), substituted definition of 'Commission' for 'supervisory officer'. Subsecs. (j) to (n). Pub. L. 93-443, Sec. 201(a)(6)-(8), added subsecs. (j) to (n). EFFECTIVE DATE OF 1980 AMENDMENT Section 301 of Pub. L. 96-187 provided that: '(a) Except as provided in subsection (b), the amendments made by this Act (see Short Title of 1980 Amendment note set out below) are effective upon enactment (Jan. 8, 1980). '(b) For authorized committees of candidates for President and Vice President, section 304(b) of the Federal Election Campaign Act of 1971 (section 434(b) of this title) shall be effective for elections occurring after January 1, 1981.' EFFECTIVE DATE OF 1974 AMENDMENT Section 410 of Pub. L. 93-443 provided that: '(a) Except as provided by subsection (b) and subsection (c), the foregoing provisions of this Act (enacting sections 437a to 437h, 439a to 439c, 455 and 456 of this title sections 614 to 617 of Title 18, Crimes and Criminal Procedure, and sections 9031 to 9042 of Title 26, Internal Revenue Code, amending sections 431 to 437, 438, 439, 451 to 453 of this title, sections 1501 to 1503 of Title 5, Government Organization and Employees, sections 591, 608, 610, 611, and 613 of Title 18, sections 276, 6012, and 9002 to 9012 of Title 26, and section 315 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, repealing section 440 of this title, section 9021 of Title 26, and sections 801 to 805 of Title 47, and enacting provisions set out as notes under sections 431, 434, 437c, and 438 of this title, sections 591 and 608 of Title 18, and section 9006 of Title 26) shall become effective January 1, 1975. '(b) Section 104 (set out as a note under section 591 of Title 18) and the amendment made by section 301 (amending section 453 of this title) shall become effective on the date of the enactment of this Act (Oct. 15, 1974). '(c)(1) The amendments made by sections 403(a), 404, 405, 406, 408, and 409 (enacting sections 9031 to 9042, amending sections 276, 9002, 9003, 9004, 9005, 9006, 9007, 9008, 9009, 9010, 9011, and 9012, and repealing section 9021 of Title 26) shall apply with respect to taxable years beginning after December 31, 1974. '(2) The amendment made by section 407 (amending section 6012 of Title 26) shall apply with respect to taxable years beginning after December 31, 1971.' EFFECTIVE DATE Section 408, formerly Sec. 406, of Pub. L. 92-225 as renumbered Pub. L. 93-443, title III, Sec. 302, Oct. 15, 1974, 88 Stat. 1289, provided that: 'Except as provided in section 401 of this Act (section 451 of this title), the provisions of this Act (see Short Title note set out below) shall become effective on December 31, 1971, or sixty days after the date of enactment of this Act (Feb. 7, 1972), whichever is later.' SHORT TITLE OF 1980 AMENDMENT Section 1 of Pub. L. 96-187 provided: 'That this Act (amending sections 431 to 434, 437, 437c, 437d, 437f to 439a, 439c, 441a to 441i of this title, section 3132 of Title 5, Government Organization and Employees, sections 602, 603, and 607 of Title 18, Crimes and Criminal Procedure, section 901a of Title 22, Foreign Relations and Intercourse, section 9008 of Title 26, Internal Revenue Code, and section 5043 of Title 42, The Public Health and Welfare; repealing sections 435, 436, 437b, 437e, 439b, and 441j of this title and section 591 of Title 18; and enacting provisions set out as notes under this section) may be cited as the 'Federal Election Campaign Act Amendments of 1979'.' SHORT TITLE OF 1976 AMENDMENT Section 1 of Pub. L. 94-283 provided that: 'This Act (enacting sections 441a to 441j of this title, amending sections 431, 432, 434, 436, 437b to 439c, and 455 of this title, section 591 of Title 18, Crimes and Criminal Procedure, and sections 9002, 9003, 9004, 9006, 9007, 9008, 9009, 9012, 9032, 9033, 9034, 9035, and 9039 of Title 26, Internal Revenue Code, repealing sections 437a, 441, and 456 of this title and sections 608, 610, 611, 612, 613, 614, 615, 616, and 617 of Title 18, and enacting provisions set out as notes under sections 437c, 437f, and 441 of this title and sections 9002, 9004, and 9035 of Title 26) may be cited as the 'Federal Election Campaign Act Amendments of 1976'.' SHORT TITLE OF 1974 AMENDMENT Section 1 of Pub. L. 93-443 provided: 'That this Act (enacting sections 437a to 437h, 439a to 439c, 455, and 456 of this title, sections 614 to 617 of Title 18, Crimes and Criminal Procedure, and sections 9031 to 9042 of Title 26, Internal Revenue Code; amending sections 431 to 437, 438, 439 and 451 to 453 of this title, sections 1501 to 1503 of Title 5, Government Organization and Employees, sections 591, 608, 610, 611, and 613 of Title 18, sections 276, 6012, 9002 to 9012 of Title 26, and section 315 of Title 47, Telegraphs, Telephones, and Radiotelegraphs; repealing section 440 of this title, section 9021 of Title 26, and sections 801 to 805 of Title 47; and enacting provisions set out as notes under sections 431, 434, 437c, and 438 of this title, sections 591 and 608 of Title 18, and section 9006 of Title 26) may be cited as the 'Federal Election Campaign Act Amendments of 1974'.' SHORT TITLE Section 1 of Pub. L. 92-225 provided: 'That this Act (enacting this chapter and chapter 7 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, amending sections 591, 600, 608, 610, and 611 of Title 18, Crimes and Criminal Procedure, and sections 312 and 315 of Title 47, repealing sections 241 to 256 of this title and section 609 of Title 18, and enacting provisions set out as notes under this section and section 801 of Title 47) may be cited as the 'Federal Election Campaign Act of 1971'.' -TRANS- TRANSFER OF FUNCTIONS Federal Savings and Loan Insurance Corporation abolished and functions transferred, see Pub. L. 101-73, title IV, Sec. 401-406, Aug. 9, 1989, 103 Stat. 354-363, set out as a note under section 1437 of Title 12, Banks and Banking. -MISC5- TRANSITION PROVISIONS Section 303 of Pub. L. 96-187 provided that: '(a) The Federal Election Commission shall transmit to the Congress proposed rules and regulations necessary for the purpose of implementing the provisions of this Act, and the amendments made by this Act (see Short Title of 1980 Amendment note set out above), prior to February 29, 1980. '(b) The provisions of section 311(d) of the Federal Election Campaign Act of 1971 (section 438(d) of this title) allowing disapproval of rules and regulations by either House of Congress within 30 legislative days after receipt shall, with respect to rules and regulations required to be proposed under subsection (a) of this section, be deemed to allow such disapproval within 15 legislative days after receipt.' VOTING SYSTEM STUDY; REPORT TO CONGRESS; COST OF STUDY Section 302 of Pub. L. 96-187, as amended by Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433, provided that: 'The Federal Election Commission with the cooperation and assistance of the National Institute of Standards and Technology, shall conduct a preliminary study with respect to the future development of voluntary engineering and procedural performance standards for voting systems used in the United States. The Commission shall report to the Congress the results of the study, and such report shall include recommendations, if any, for the implementation of a program of such standards (including estimates of the costs and time requirements of implementing such a program). The cost of the study shall be paid out of any funds otherwise available to defray the expenses of the Commission.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 58, 59e, 433, 437a of this title; title 18 sections 602, 603, 607; title 22 section 3944; title 42 section 5043. ------DocID 7611 Document 704 of 1400------ -CITE- 2 USC Sec. 432 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 432. Organization of political committees -STATUTE- (a) Treasurer; vacancy; official authorizations Every political committee shall have a treas- urer. No contribution or expenditure shall be accepted or made by or on behalf of a political committee during any period in which the office of treasurer is vacant. No expenditure shall be made for or on behalf of a political committee without the authorization of the treasurer or his or her designated agent. (b) Account of contributions; segregated funds (1) Every person who receives a contribution for an authorized political committee shall, no later than 10 days after receiving such contribution, forward to the treasurer such contribution, and if the amount of the contribution is in excess of $50 the name and address of the person making the contribution and the date of receipt. (2) Every person who receives a contribution for a political committee which is not an authorized committee shall - (A) if the amount of the contribution is $50 or less, forward to the treasurer such contribution no later than 30 days after receiving the contribution; and (B) if the amount of the contribution is in excess of $50, forward to the treasurer such contribution, the name and address of the person making the contribution, and the date of receipt of the contribution, no later than 10 days after receiving the contribution. (3) All funds of a political committee shall be segregated from, and may not be commingled with, the personal funds of any individual. (c) Recordkeeping The treasurer of a political committee shall keep an account of - (1) all contributions received by or on behalf of such political committee; (2) the name and address of any person who makes any contribution in excess of $50, together with the date and amount of such contribution by any person; (3) the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year, together with the date and amount of any such contribution; (4) the identification of any political committee which makes a contribution, together with the date and amount of any such contribution; and (5) the name and address of every person to whom any disbursement is made, the date, amount, and purpose of the disbursement, and the name of the candidate and the office sought by the candidate, if any, for whom the disbursement was made, including a receipt, invoice, or canceled check for each disbursement in excess of $200. (d) Preservation of records and copies of reports The treasurer shall preserve all records required to be kept by this section and copies of all reports required to be filed by this subchapter for 3 years after the report is filed. (e) Principal and additional campaign committees; designations, status of candidate, authorized committees, etc. (1) Each candidate for Federal office (other than the nominee for the office of Vice President) shall designate in writing a political committee in accordance with paragraph (3) to serve as the principal campaign committee of such candidate. Such designation shall be made no later than 15 days after becoming a candidate. A candidate may designate additional political committees in accordance with paragraph (3) to serve as authorized committees of such candidate. Such designation shall be in writing and filed with the principal campaign committee of such candidate in accordance with subsection (f)(1) of this section. (2) Any candidate described in paragraph (1) who receives a contribution, or any loan for use in connection with the campaign of such candidate for election, or makes a disbursement in connection with such campaign, shall be considered, for purposes of this Act, as having received the contribution or loan, or as having made the disbursement, as the case may be, as an agent of the authorized committee or committees of such candidate. (3)(A) No political committee which supports or has supported more than one candidate may be designated as an authorized committee, except that - (i) the candidate for the office of President nominated by a political party may designate the national committee of such political party as a principal campaign committee, but only if that national committee maintains separate books of account with respect to its function as a principal campaign committee; and (ii) candidates may designate a political committee established solely for the purpose of joint fundraising by such candidates as an authorized committee. (B) As used in this section, the term 'support' does not include a contribution by any authorized committee in amounts of $1,000 or less to an authorized committee of any other candidate. (4) The name of each authorized committee shall include the name of the candidate who authorized such committee under paragraph (1). In the case of any political committee which is not an authorized committee, such political committee shall not include the name of any candidate in its name. (5) The name of any separate segregated fund established pursuant to section 441b(b) of this title shall include the name of its connected organization. (f) Filing with and receipt of designations, statements, and reports by principal campaign committee (1) Notwithstanding any other provision of this Act, each designation, statement, or report of receipts or disbursements made by an authorized committee of a candidate shall be filed with the candidate's principal campaign committee. (2) Each principal campaign committee shall receive all designations, statements, and reports required to be filed with it under paragraph (1) and shall compile and file such designations, statements, and reports in accordance with this Act. (g) Filing with and receipt of designations, statements, and reports by Clerk of House of Representatives or Secretary of Senate; forwarding to Commission; filing requirements with Commission; public inspection and preservation of designations, etc. (1) Designations, statements, and reports required to be filed under this Act by a candidate or by an authorized committee of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, and by the principal campaign committee of such a candidate, shall be filed with the Clerk of the House of Representatives, who shall receive such designations, statements, and reports as custodian for the Commission. (2) Designations, statements, and reports required to be filed under this Act by a candidate for the office of Senator, and by the principal campaign committee of such candidate, shall be filed with the Secretary of the Senate, who shall receive such designations, statements, and reports, as custodian for the Commission. (3) The Clerk of the House of Representatives and the Secretary of the Senate shall forward a copy of any designation, statement, or report filed with them under this subsection to the Commission as soon as possible (but no later than 2 working days) after receiving such designation, statement, or report. (4) All designations, statements, and reports required to be filed under this Act, except designations, statements, and reports filed in accordance with paragraphs (1) and (2), shall be filed with the Commission. (5) The Clerk of the House of Representatives and the Secretary of the Senate shall make the designations, statements, and reports received under this subsection available for public inspection and copying in the same manner as the Commission under section 438(a)(4) of this title, and shall preserve such designations, statements, and reports in the same manner as the Commission under section 438(a)(5) of this title. (h) Campaign depositories; designations, maintenance of accounts, etc.; petty cash fund for disbursements; record of disbursements (1) Each political committee shall designate one or more State banks, federally chartered depository institutions, or depository institutions the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration, as its campaign depository or depositories. Each political committee shall maintain at least one checking account and such other accounts as the committee determines at a depository designated by such committee. All receipts received by such committee shall be deposited in such accounts. No disbursements may be made (other than petty cash disbursements under paragraph (2)) by such committee except by check drawn on such accounts in accordance with this section. (2) A political committee may maintain a petty cash fund for disbursements not in excess of $100 to any person in connection with a single purchase or transaction. A record of all petty cash disbursements shall be maintained in accordance with subsection (c)(5) of this section. (i) Reports and records, compliance with requirements based on best efforts When the treasurer of a political committee shows that best efforts have been used to obtain, maintain, and submit the information required by this Act for the political committee, any report or any records of such committee shall be considered in compliance with this Act or chapter 95 or chapter 96 of title 26. -SOURCE- (Pub. L. 92-225, title III, Sec. 302, Feb. 7, 1972, 86 Stat. 12; Pub. L. 93-443, title II, Sec. 202, 208(c)(2), Oct. 15, 1974, 88 Stat. 1275, 1286; Pub. L. 94-283, title I, Sec. 103, May 11, 1976, 90 Stat. 480; Pub. L. 96-187, title I, Sec. 102, Jan. 8, 1980, 93 Stat. 1345; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title. -MISC2- AMENDMENTS 1986 - Subsec. (i). 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. 1980 - Subsec. (a). Pub. L. 96-187 struck out reference to the chairman as a person authorized to accept or make a contribution on behalf of a political committee. Subsec. (b). Pub. L. 96-187 redesignated subsec. (b) as par. (1) of subsec. (b), substituted 'for an authorized political committee shall, no later than 10 days after receiving such contribution, forward to the treasurer such contribution, and if the amount of the contribution is in excess of $50 the name and address of the person making the contribution and the date of the receipt.' for 'in excess of $50 for a political committee shall, on demand of the treasurer, and in any event within five days after receipt of such contribution, render to the treasurer a detailed account thereof, including the amount of the contribution and the identification of the person making such contribution, and the date on which received. All funds of a political committee shall be segregated from, and may not be commingled with, any personal funds of officers, members, or associates of such committee.', and added pars. (2) and (3). Subsec. (c). Pub. L. 96-187 substituted 'The treasurer of a political committee shall keep an account of' for 'It shall be the duty of the treasurer of a political committee to keep a detailed and exact account of' in introductory clause; substituted in par. (1) 'all contributions received by or on behalf of such political committee' for 'all contributions made to or for such committee'; substituted in par. (2) 'the name and address of any person who makes any contribution in excess of $50, together with the date and amount of such contribution by any person' for 'the identification of every person making a contribution in excess of $50, and the date and amount thereof and, if a person's contributions aggregating more than $100, the account shall include occupation, and the principal place of business (if any)'; substituted in par. (3) 'the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year, together with the date and amount of any such contribution' for 'all expenditures made by or on behalf of such committee; and'; substituted in par. (4) 'the identification of any political committee which makes a contribution, together with the date and amount of any such contribution, and' for 'the identification of every person to whom any expenditure is made, the date and amount thereof and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made', and added par. (5). Subsec. (d). Pub. L. 96-187 substituted provisions requiring the treasurer to preserve all records required by this section and copies of all reports to be filed by this subchapter for 3 years after the filing of the report for provisions requiring the treasurer to keep receipted bills for expenditures in excess of $100, and for expenditures of lesser amounts if the aggregate amount to the same person during a calendar year exceeds $100, such receipts to be kept for a period to be determined by the Secretary. Subsec. (e). Pub. L. 96-187 in par. (1) substituted provisions requiring a written designation of a political committee no later than 15 days after becoming a candidate, with the designation of additional committees to be filed with the principal committee, for provisions prohibiting the designation of a committee as the principal campaign committee of more than one candidate except that the presidential candidate may nominate the national committee of a political party as his principal campaign committee; in par. (2) substituted provisions considering any candidate receiving a contribution or loan or making a disbursement as an agent of the authorized committees for provisions requiring the filing of any report or statement of contributions required to be filed with the Commission to be filed instead with the principal campaign committee; in par. (3) redesignated existing provisions as introductory clause of par. (3)(A), and in such clause as so redesignated, substituted provision that no political committee which supports or has supported more than one candidate may be designated as an authorized committee for provisions requiring principal committee to receive reports and statements and to compile and file such reports and statements together with its own reports and statements with the Commission, and added pars. (3)(A)(i), (ii), (4) and (5). Subsecs. (f) to (i). Pub. L. 96-187 added subsecs. (f) to (i). 1976 - Subsec. (b). Pub. L. 94-283, Sec. 103(a), substituted '$50' for '$10'. Subsec. (c)(2). Pub. L. 94-283, Sec. 103(b), substituted '$50' for '$10'. Subsecs. (e), (f). Pub. L. 94-283, Sec. 103(c), (d), redesignated subsec. (f) as (e) and in par. (1) of subsec. (e) as so redesignated inserted provision that occasional, isolated, or incidental support of a candidate not be construed as support for such a candidate for purposes of determining whether a political committee supports more than one candidate. Former subsec. (e) providing for the giving of notice by a candidate that a political committee soliciting funds on his behalf is not authorized to do so and that he is not responsible for the activities of that committee was eliminated. 1974 - Subsec. (b). Pub. L. 93-443, Sec. 202(a)(1), substituted 'of the contribution and the identification' for ', the name and address (occupation and principal place of business, if any)'. Subsec. (c)(2). Pub. L. 93-443, Sec. 202(a)(2), (3), substituted 'identification' for 'full name and mailing address (occupation and the principal place of business, if any)' before 'of every person' and inserted end text reading 'and, if a person's contributions aggregate more than $100, the account shall include occupation, and the principal place of business (if any)'. Subsec. (c)(4). Pub. L. 93-443, Sec. 202(a)(2), substituted 'identification' for 'full name and mailing address (occupation and the principal place of business, if any)' before 'of every person'. Subsec. (d). Pub. L. 93-443, Sec. 208(c)(2), substituted 'Commission' for 'supervisory officers'. Subsec. (f). Pub. L. 93-443, Sec. 202(b), substituted provisions respecting principal campaign committees for prior provisions respecting notice of funds solicitation by political committees and availability for purchase of annual reports of the political committees from the Superintendent of Documents made available through the Public Printer, now covered in section 435(b) of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93-443, set out as a note under section 431 of this title. -TRANS- TRANSFER OF FUNCTIONS Federal Savings and Loan Insurance Corporation abolished and functions transferred, see Pub. L. 101-73, title IV, Sec. 401-406, Aug. 9, 1989, 103 Stat. 354-363, set out as a note under section 1437 of Title 12, Banks and Banking. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 431, 433 of this title; title 18 sections 603, 607; title 26 section 527. ------DocID 7612 Document 705 of 1400------ -CITE- 2 USC Sec. 433 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 433. Registration of political committees -STATUTE- (a) Statements of organizations Each authorized campaign committee shall file a statement of organization no later than 10 days after designation pursuant to section 432(e)(1) of this title. Each separate segregated fund established under the provisions of section 441b(b) of this title shall file a statement of organization no later than 10 days after establishment. All other committees shall file a statement of organization within 10 days after becoming a political committee within the meaning of section 431(4) of this title. (b) Contents of statements The statement of organization of a political committee shall include - (1) the name, address, and type of committee; (2) the name, address, relationship, and type of any connected organization or affiliated committee; (3) the name, address, and position of the custodian of books and accounts of the committee; (4) the name and address of the treasurer of the committee; (5) if the committee is authorized by a candidate, the name, address, office sought, and party affiliation of the candidate; and (6) a listing of all banks, safety deposit boxes, or other depositories used by the committee. (c) Change of information in statements Any change in information previously submitted in a statement of organization shall be reported in accordance with section 432(g) of this title no later than 10 days after the date of the change. (d) Termination, etc., requirements and authorities (1) A political committee may terminate only when such a committee files a written statement, in accordance with section 432(g) of this title, that it will no longer receive any contributions or make any disbursements and that such committee has no outstanding debts or obligations. (2) Nothing contained in this subsection may be construed to eliminate or limit the authority of the Commission to establish procedures for - (A) the determination of insolvency with respect to any political committee; (B) the orderly liquidation of an insolvent political committee, and the orderly application of its assets for the reduction of outstanding debts; and (C) the termination of an insolvent political committee after such liquidation and application of assets. -SOURCE- (Pub. L. 92-225, title III, Sec. 303, Feb. 7, 1972, 86 Stat. 14; Pub. L. 93-443, title II, Sec. 203, 208(c)(3), Oct. 15, 1974, 88 Stat. 1276, 1286; Pub. L. 96-187, title I, Sec. 103, Jan. 8, 1980, 93 Stat. 1347.) -MISC1- AMENDMENTS 1980 - Subsec. (a). Pub. L. 96-187 substituted provisions requiring each authorized campaign committee, each segregated fund established under section 441b(b) of this title, and all other committees to file a statement of organization 10 days after establishment for provisions requiring each political committee anticipating the receipt or expenditure during the calendar year of an amount exceeding $1,000 to file with the Commission a statement of organization within 10 days after organization or 10 days after receipt of information causing the anticipation of receipt or expenditure in excess of $1,000 and requiring each committee in existence on the date of enactment of this Act to file a statement of organization at such time as the Commission prescribes. Subsec. (b). Pub. L. 96-187 inserted 'of a political committee' in introductory clause; in par. (1) inserted reference to type of committee; in par. (2) inserted reference to type of organization or affiliated committee; in par. (3) substituted provisions relating to the name, address and position of custodian of books and accounts for provisions relating to area, scope or jurisdiction of the committee; in par. (4) substituted provisions relating to the name and address of the treasurer for provisions relating to the name, address and position of the custodian of books and accounts; in par. (5) substituted provisions relating to the name, address, office sought and party affiliation of the candidate for provisions relating to the name, address and position of principal officers including officers of the finance committee; in par. (6) substituted provisions relating to listings of banks, safety deposit boxes, etc. for provisions relating to name and address, office sought and political affiliation of supported candidates, and struck out pars. (7) to (11) relating to other information. Subsec. (c). Pub. L. 96-187 substituted 'in accordance with section 432(g) of this title no later than 10 days after the date of the change' for 'to the Commission within a ten-day period following the change'. Subsec. (d). Pub. L. 96-187 redesignated existing provisions as par. (1), substituted provisions relating to termination of a political committee by written statement in accordance with section 432(g) of this title for provisions relating to notification to the Commission in the event of disbandonment or determination no longer to receive contributions during the calendar year of an amount exceeding $1,000, and added par. (2). Subsec. (e). Pub. L. 96-187 struck out subsec. (e) relating to filing of required reports and notifications with the appropriate principal campaign committee instead of the Commission in the case of a political committee which is not a principal campaign committee. 1974 - Pub. L. 93-443, Sec. 208(c)(3)(A), substituted 'Commission' for 'supervisory officer' wherever appearing. Subsec. (a). Pub. L. 93-443, Sec. 208(c)(3)(B), substituted 'it prescribes' for 'he prescribes'. Subsec. (e). Pub. L. 93-443, Sec. 203, added subsec. (e). EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93-443, set out as a note under section 431 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 441a of this title; title 18 section 608; title 26 section 9008. ------DocID 7613 Document 706 of 1400------ -CITE- 2 USC Sec. 434 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 434. Reporting requirements -STATUTE- (a) Receipts and disbursements by treasurers of political committees; filing requirements (1) Each treasurer of a political committee shall file reports of receipts and disbursements in accordance with the provisions of this subsection. The treasurer shall sign each such report. (2) If the political committee is the principal campaign committee of a candidate for the House of Representatives or for the Senate - (A) in any calendar year during which there is regularly scheduled election for which such candidate is seeking election, or nomination for election, the treasurer shall file the following reports: (i) a pre-election report, which shall be filed no later than the 12th day before (or posted by registered or certified mail no later than the 15th day before) any election in which such candidate is seeking election, or nomination for election, and which shall be complete as of the 20th day before such election; (ii) a post-general election report, which shall be filed no later than the 30th day after any general election in which such candidate has sought election, and which shall be complete as of the 20th day after such general election; and (iii) additional quarterly reports, which shall be filed no later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter: except that the report for the quarter ending December 31 shall be filed no later than January 31 of the following calendar year; and (B) in any other calendar year the following reports shall be filed: (i) a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31; and (ii) a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year. (3) If the committee is the principal campaign committee of a candidate for the office of President - (A) in any calendar year during which a general election is held to fill such office - (i) the treasurer shall file monthly reports if such committee has on January 1 of such year, received contributions aggregating $100,000 or made expenditures aggregating $100,000 or anticipates receiving contributions aggregating $100,000 or more or making expenditures aggregating $100,000 or more during such year: such monthly reports shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month, except that, in lieu of filing the report otherwise due in November and December, a pre-general election report shall be filed in accordance with paragraph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report shall be filed no later than January 31 of the following calendar year; (ii) the treasurer of the other principal campaign committees of a candidate for the office of President shall file a pre-election report or reports in accordance with paragraph (2)(A)(i), a post-general election report in accordance with paragraph (2)(A)(ii), and quarterly reports in accordance with paragraph (2)(A)(iii); and (iii) if at any time during the election year a committee filing under paragraph (3)(A)(ii) receives contributions in excess of $100,000 or makes expenditures in excess of $100,000, the treasurer shall begin filing monthly reports under paragraph (3)(A)(i) at the next reporting period; and (B) in any other calendar year, the treasurer shall file either - (i) monthly reports, which shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month; or (ii) quarterly reports, which shall be filed no later than the 15th day after the last day of each calendar quarter and which shall be complete as of the last day of each calendar quarter. (4) All political committees other than authorized committees of a candidate shall file either - (A)(i) quarterly reports, in a calendar year in which a regularly scheduled general election is held, which shall be filed no later than the 15th day after the last day of each calendar quarter: except that the report for the quarter ending on December 31 of such calendar year shall be filed no later than January 31 of the following calendar year; (ii) a pre-election report, which shall be filed no later than the 12th day before (or posted by registered or certified mail no later than the 15th day before) any election in which the committee makes a contribution to or expenditure on behalf of a candidate in such election, and which shall be complete as of the 20th day before the election; (iii) a post-general election report, which shall be filed no later than the 30th day after the general election and which shall be complete as of the 20th day after such general election; and (iv) in any other calendar year, a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year; or (B) monthly reports in all calendar years which shall be filed no later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with paragraph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report shall be filed no later than January 31 of the following calendar year. (5) If a designation, report, or statement filed pursuant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii)) is sent by registered or certified mail, the United States postmark shall be considered the date of filing of the designation, report, or statement. (6)(A) The principal campaign committee of a candidate shall notify the Clerk, the Secretary, or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution of $1,000 or more received by any authorized committee of such candidate after the 20th day, but more than 48 hours before, any election. This notification shall be made within 48 hours after the receipt of such contribution and shall include the name of the candidate and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution. (B) The notification required under this paragraph shall be in addition to all other reporting requirements under this Act. (7) The reports required to be filed by this subsection shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous report during such year, only the amount need be carried forward. (8) The requirement for a political committee to file a quarterly report under paragraph (2)(A)(iii) or paragraph (4)(A)(i) shall be waived if such committee is required to file a pre-election report under paragraph (2)(A)(i), or paragraph (4)(A)(ii) during the period beginning on the 5th day after the close of the calendar quarter and ending on the 15th day after the close of the calendar quarter. (9) The Commission shall set filing dates for reports to be filed by principal campaign committees of candidates seeking election, or nomination for election, in special elections and political committees filing under paragraph (4)(A) which make contributions to or expenditures on behalf of a candidate or candidates in special elections. The Commission shall require no more than one pre-election report for each election and one post-election report for the election which fills the vacancy. The Commission may waive any reporting obligation of committees required to file for special elections if any report required by paragraph (2) or (4) is required to be filed within 10 days of a report required under this subsection. The Commission shall establish the reporting dates within 5 days of the setting of such election and shall publish such dates and notify the principal campaign committees of all candidates in such election of the reporting dates. (10) The treasurer of a committee supporting a candidate for the office of Vice President (other than the nominee of a political party) shall file reports in accordance with paragraph (3). (b) Contents of reports Each report under this section shall disclose - (1) the amount of cash on hand at the beginning of the reporting period; (2) for the reporting period and the calendar year, the total amount of all receipts, and the total amount of all receipts in the following categories: (A) contributions from persons other than political committees; (B) for an authorized committee, contributions from the candidate; (C) contributions from political party committees; (D) contributions from other political committees; (E) for an authorized committee, transfers from other authorized committees of the same candidate; (F) transfers from affiliated committees and, where the reporting committee is a political party committee, transfers from other political party committees, regardless of whether such committees are affiliated; (G) for an authorized committee, loans made by or guaranteed by the candidate; (H) all other loans; (I) rebates, refunds, and other offsets to operating expenditures; (J) dividends, interest, and other forms of receipts; and (K) for an authorized committee of a candidate for the office of President, Federal funds received under chapter 95 and chapter 96 of title 26; (3) the identification of each - (A) person (other than a political committee) who makes a contribution to the reporting committee during the reporting period, whose contribution or contributions have an aggregate amount or value in excess of $200 within the calendar year, or in any lesser amount if the reporting committee should so elect, together with the date and amount of any such contribution; (B) political committee which makes a contribution to the reporting committee during the reporting period, together with the date and amount of any such contribution; (C) authorized committee which makes a transfer to the reporting committee; (D) affiliated committee which makes a transfer to the reporting committee during the reporting period and, where the reporting committee is a political party committee, each transfer of funds to the reporting committee from another political party committee, regardless of whether such committees are affiliated, together with the date and amount of such transfer; (E) person who makes a loan to the reporting committee during the reporting period, together with the identification of any endorser or guarantor of such loan, and the date and amount or value of such loan; (F) person who provides a rebate, refund, or other offset to operating expenditures to the reporting committee in an aggregate amount or value in excess of $200 within the calendar year, together with the date and amount of such receipt; and (G) person who provides any dividend, interest, or other receipt to the reporting committee in an aggregate value or amount in excess of $200 within the calendar year, together with the date and amount of any such receipt; (4) for the reporting period and the calendar year, the total amount of all disbursements, and all disbursements in the following categories: (A) expenditures made to meet candidate or committee operating expenses; (B) for authorized committees, transfers to other committees authorized by the same candidate; (C) transfers to affiliated committees and, where the reporting committee is a political party committee, transfers to other political party committees, regardless of whether they are affiliated; (D) for an authorized committee, repayment of loans made by or guaranteed by the candidate; (E) repayment of all other loans; (F) contribution refunds and other offsets to contributions; (G) for an authorized committee, any other disbursements; (H) for any political committee other than an authorized committee - (i) contributions made to other political committees; (ii) loans made by the reporting committees; (iii) independent expenditures; (iv) expenditures made under section 441a(d) of this title; and (v) any other disbursements; and (I) for an authorized committee of a candidate for the office of President, disbursements not subject to the limitation of section 441a(b) of this title; (5) the name and address of each - (A) person to whom an expenditure in an aggregate amount or value in excess of $200 within the calendar year is made by the reporting committee to meet a candidate or committee operating expense, together with the date, amount, and purpose of such operating expenditure; (B) authorized committee to which a transfer is made by the reporting committee; (C) affiliated committee to which a transfer is made by the reporting committee during the reporting period and, where the reporting committee is a political party committee, each transfer of funds by the reporting committee to another political party committee, regardless of whether such committees are affiliated, together with the date and amount of such transfers; (D) person who receives a loan repayment from the reporting committee during the reporting period, together with the date and amount of such loan repayment; and (E) person who receives a contribution refund or other offset to contributions from the reporting committee where such contribution was reported under paragraph (3)(A) of this subsection, together with the date and amount of such disbursement; (6)(A) for an authorized committee, the name and address of each person who has received any disbursement not disclosed under paragraph (5) in an aggregate amount or value in excess of $200 within the calendar year, together with the date and amount of any such disbursement; (B) for any other political committee, the name and address of each - (i) political committee which has received a contribution from the reporting committee during the reporting period, together with the date and amount of any such contribution; (ii) person who has received a loan from the reporting committee during the reporting period, together with the date and amount of such loan; (iii) person who receives any disbursement during the reporting period in an aggregate amount or value in excess of $200 within the calendar year in connection with an independent expenditure by the reporting committee, together with the date, amount, and purpose of any such independent expenditure and a statement which indicates whether such independent expenditure is in support of, or in opposition to, a candidate, as well as the name and office sought by such candidate, and a certification, under penalty of perjury, whether such independent expenditure is made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidate or any authorized committee or agent of such committee; (iv) person who receives any expenditure from the reporting committee during the reporting period in connection with an expenditure under section 441a(d) of this title, together with the date, amount, and purpose of any such expenditure as well as the name of, and office sought by, the candidate on whose behalf the expenditure is made; and (v) person who has received any disbursement not otherwise disclosed in this paragraph or paragraph (5) in an aggregate amount or value in excess of $200 within the calendar year from the reporting committee within the reporting period, together with the date, amount, and purpose of any such disbursement; (7) the total sum of all contributions to such political committee, together with the total contributions less offsets to contributions and the total sum of all operating expenditures made by such political committee, together with total operating expenditures less offsets to operating expenditures, for both the reporting period and the calendar year; and (8) the amount and nature of outstanding debts and obligations owed by or to such political committee; and where such debts and obligations are settled for less than their reported amount or value, a statement as to the circumstances and conditions under which such debts or obligations were extinguished and the consideration therefor. (c) Statements by other than political committees; filing; contents; indices of expenditures (1) Every person (other than a political committee) who makes independent expenditures in an aggregate amount or value in excess of $250 during a calendar year shall file a statement containing the information required under subsection (b)(3)(A) of this section for all contributions received by such person. (2) Statements required to be filed by this subsection shall be filed in accordance with subsection (a)(2) of this section, and shall include - (A) the information required by subsection (b)(6)(B)(iii) of this section, indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved; (B) under penalty of perjury, a certification whether or not such independent expenditure is made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and (C) the identification of each person who made a contribution in excess of $200 to the person filing such statement which was made for the purpose of furthering an independent expenditure. Any independent expenditure (including those described in subsection (b)(6)(B)(iii) of this section) aggregating $1,000 or more made after the 20th day, but more than 24 hours, before any election shall be reported within 24 hours after such independent expenditure is made. Such statement shall be filed with the Clerk, the Secretary, or the Commission and the Secretary of State and shall contain the information required by subsection (b)(6)(B)(iii) of this section indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved. (3) The Commission shall be responsible for expeditiously preparing indices which set forth, on a candidate-by-candidate basis, all independent expenditures separately, including those reported under subsection (b)(6)(B)(iii) of this section, made by or for each candidate, as reported under this subsection, and for periodically publishing such indices on a timely pre-election basis. -SOURCE- (Pub. L. 92-225, title III, Sec. 304, Feb. 7, 1972, 86 Stat. 14; Pub. L. 93-443, title II, Sec. 204(a)-(d), 208(c)(4), Oct. 15, 1974, 88 Stat. 1276-1278, 1286; Pub. L. 94-283, title I, Sec. 104, May 11, 1976, 90 Stat. 480; Pub. L. 96-187, title I, Sec. 104, Jan. 8, 1980, 93 Stat. 1348; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a)(5), (6)(B), means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title. -MISC2- PRIOR PROVISIONS Provisions similar to those comprising subsec. (c) of this section were contained in section 305 of Pub. L. 92-225, title III, Feb. 7, 1972, 86 Stat. 16 (section 435 of this title) prior to amendment of section 305 of Pub. L. 92-225 by Pub. L. 93-433. AMENDMENTS 1986 - Subsec. (b)(2)(K). 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. 1980 - Pub. L. 96-187 completely revised this section by changing the reporting requirements of candidates and committees so as to substantially reduce the maximum number of reports to be filed while maintaining full and adequate disclosure of campaign activities. 1976 - Subsec. (a)(1)(C). Pub. L. 94-283, Sec. 104(a), inserted provisions covering reports which must be filed in any year in which a candidate is not on the ballot for election to Federal office. Subsec. (a)(2). Pub. L. 94-283, Sec. 104(b), substituted 'committee authorized by a candidate to raise contributions or make expenditures on his behalf, other than the candidate's principal campaign committee, shall file the reports required under this section with the candidate's principal campaign committee' for 'committee which is not a principal campaign committee shall file the reports required under this section with the appropriate principal campaign committee'. Subsec. (b). Pub. L. 94-283, Sec. 104(c), added par. (13), redesignated former par. (13) as (14), and provided that committee treasurers and candidates be deemed to be in compliance with this subsection when they show that best efforts have been used to obtain and submit the information required by this subsection. Subsec. (e). Pub. L. 94-283, Sec. 104(d), designated existing provisions as par. (1), substituted 'independent expenditures expressly advocating the election or defeat of a clearly identifiable candidate' for 'expenditures' '$100 during a calendar year' for '$100 within a calendar year', and ', on a form prepared by the Commission, a statement containing the information required of a person who makes a contribution in excess of $100 to a candidate or political committee and the information required of a candidate or political committee receiving such a contribution' for 'a statement containing the information required by this section. Statements required by this subsection shall be filed on the dates on which reports by political committees are filed but need not be cumulative', and added pars. (2) and (3). 1974 - Subsec. (a)(1). Pub. L. 93-443, Sec. 204(a)(1), (2), 208(c)(4)(A), substituted provisions of cls. (A) to (D) respecting filing of reports and that 'Any contribution of $1,000 or more received after the fifteenth day, but more than 48 hours, before any election shall be reported within 48 hours after its receipt.' for prior requirement that 'Such reports shall be filed on the tenth day of March, June, and September, in each year, and on the fifteenth and fifth days next preceding the date on which an election is held, and also by the thirty-first day of January. Such reports shall be complete as of such date as the supervisory officer may prescribe, which shall not be less than five days before the date of filing, except that any contribution of $5,000 or more received after the last report is filed prior to the election shall be reported within forty-eight hours after its receipt.'; designated existing provisions as par. (1), inserting introductory text 'Except as provided by paragraph (2),'; and substituted 'Commission' and 'it' for 'appropriate supervisory officer' and 'him' in first sentence, respectively. Subsec. (a)(2), (3). Pub. L. 93-443, Sec. 204(a)(2), added pars. (2) and (3). Subsec. (b)(5). Pub. L. 93-443, Sec. 204(b)(1), required information respecting guarantors. Subsec. (b)(8). Pub. L. 93-443, Sec. 204(b)(2), required the report to disclose the total receipts less transfers between political committees which support the same candidate and which do not support more than one candidate. Subsec. (b)(9), (10). Pub. L. 93-443, Sec. 204(b)(3), substituted 'identification' for 'full name and mailing address (occupation and the principal place of business, if any)' in pars. (9) and (10). Subsec. (b)(11). Pub. L. 93-443, Sec. 204(b)(4), required the report to disclose the total expenditures less transfers between political committees which support the same candidate and which do not support more than one candidate. Subsec. (b)(12). Pub. L. 93-443, Sec. 204(b)(5), 208(c)(4)(B), required the report to include a statement as to the circumstances and conditions under which any debt or obligation is extinguished and the consideration therefor and substituted 'Commission' for 'supervisory officer'. Subsec. (b)(13). Pub. L. 93-443, Sec. 208(c)(4)(B), substituted 'Commission' for 'supervisory officer'. Subsecs. (d), (e). Pub. L. 93-443, Sec. 204(c), added subsec. (d) and incorporated provisions of former section 435 of this title in provisions designated as subsec. (e), substituting 'Commission' for 'supervisory officer' therein. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, with subsec. (b) of this section applicable to authorized committees for President and Vice President in elections occurring after Jan. 1, 1981, see section 301 of Pub. L. 96-187, set out as a note under section 431 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93-443, set out as a note under section 431 of this title. REPORT REQUIRED TO BE FILED BY JANUARY 31, 1975 Section 204(e) of Pub. L. 93-443 provided that notwithstanding the amendment to this section as to the time to file reports, nothing in Pub. L. 93-443 (see Short Title note set out under section 431 of this title) is to be construed as waiving the report required to be filed by Jan. 31, 1975 under the provisions of this section as in effect on Oct. 15, 1974, the date of enactment of Pub. L. 93-443. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 431, 438 of this title; title 28 App. section 308. ------DocID 7614 Document 707 of 1400------ -CITE- 2 USC Sec. 435, 436 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 435, 436. Repealed. Pub. L. 96-187, title I, Sec. 105(1), Jan. 8, 1980, 93 Stat. 1354 -MISC1- Section 435, Pub. L. 92-225, title III, Sec. 305, Feb. 7, 1972, 86 Stat. 16; Pub. L. 93-443, title II, Sec. 205(a), Oct. 15, 1974, 88 Stat. 1278, related to requirements for campaign advertising. Section 436, Pub. L. 92-225, title III, Sec. 306, Feb. 7, 1972, 86 Stat. 16; Pub. L. 93-443, title II, Sec. 206, 207, 208(c)(5), Oct. 15, 1974, 88 Stat. 1278, 1279, 1286; Pub. L. 94-283, title I, Sec. 115(a), May 11, 1976, 90 Stat. 495, set forth formal requirements respecting reports and statements. 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 431 of this title. ------DocID 7615 Document 708 of 1400------ -CITE- 2 USC Sec. 437 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 437. Reports on convention financing -STATUTE- Each committee or other organization which - (1) represents a State, or a political subdivision thereof, or any group of persons, in dealing with officials of a national political party with respect to matters involving a convention held in such State or political subdivision to nominate a candidate for the office of President or Vice President, or (2) represents a national political party in making arrangements for the convention of such party held to nominate a candidate for the office of President or Vice President, shall, within 60 days following the end of the convention (but not later than 20 days prior to the date on which presidential and vice-presidential electors are chosen), file with the Commission a full and complete financial statement, in such form and detail as it may prescribe, of the sources from which it derived its funds, and the purpose for which such funds were expended. -SOURCE- (Pub. L. 92-225, title III, Sec. 305, formerly Sec. 307, Feb. 7, 1972, 86 Stat. 16; Pub. L. 93-443, title II, Sec. 208(c)(6), Oct. 15, 1974, 88 Stat. 1286; renumbered and amended Pub. L. 96-187, title I, Sec. 105(2), 112(a), Jan. 8, 1980, 93 Stat. 1354, 1366.) -MISC1- AMENDMENTS 1980 - Pub. L. 96-187 substituted '60' and '20' for 'sixty' and 'twenty', respectively, and struck out 'Federal Election' before 'Commission'. 1974 - Pub. L. 93-443 substituted 'Federal Election Commission' and 'it' for 'Comptroller General of the United States' and 'he', respectively. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93-443, set out as a note under section 431 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 437d of this title; title 18 section 591. ------DocID 7616 Document 709 of 1400------ -CITE- 2 USC Sec. 437a -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 437a. Repealed. Pub. L. 94-283, title I, Sec. 105, May 11, 1976, 90 Stat. 481 -MISC1- Section, Pub. L. 92-225, title III, Sec. 308, as added Pub. L. 93-443, title II, Sec. 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 441d et seq. of this title. 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. ------DocID 7617 Document 710 of 1400------ -CITE- 2 USC Sec. 437b -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 437b. Repealed. Pub. L. 96-187, title I, Sec. 105(1), Jan. 8, 1980, 93 Stat. 1354 -MISC1- Section, Pub. L. 92-225, title III, Sec. 308, formerly Sec. 309, as added Pub. L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1280, renumbered and amended Pub. L. 94-283, title I, Sec. 105, 106, 115(i), May 11, 1976, 90 Stat. 481, 496, set forth provisions respecting designation, etc., of campaign depositories. 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 431 of this title. ------DocID 7618 Document 711 of 1400------ -CITE- 2 USC Sec. 437c -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 437c. Federal Election Commission -STATUTE- (a) Establishment; membership; term of office; vacancies; qualifications; compensation; chairman and vice chairman (1) There is established a commission to be known as the Federal Election Commission. The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and 6 members appointed by the President, by and with the advice and consent of the Senate. No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party. (2)(A) Members of the Commission shall serve for terms of 6 years, except that of the members first appointed - (i) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977; (ii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979; and (iii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981. (B) A member of the Commission may serve on the Commission after the expiration of his or her term until his or her successor has taken office as a member of the Commission. (C) An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds. (D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. (3) Members shall be chosen on the basis of their experience, integrity, impartiality, and good judgment and members (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government. Such members of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment. (4) Members of the Commission (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall receive compensation equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315). (5) The Commission shall elect a chairman and a vice chairman from among its members (other than the Secretary of the Senate and the Clerk of the House of Representatives) for a term of one year. A member may serve as chairman only once during any term of office to which such member is appointed. The chairman and the vice chairman shall not be affiliated with the same political party. The vice chairman shall act as chairman in the absence or disability of the chairman or in the event of a vacancy in such office. (b) Administration, enforcement, and formulation of policy; exclusive jurisdiction of civil enforcement; Congressional authorities or functions with respect to elections for Federal office (1) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 95 and chapter 96 of title 26. The Commission shall have exclusive jurisdiction with respect to the civil enforcement of such provisions. (2) Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office. (c) Voting requirements; delegation of authorities All decisions of the Commission with respect to the exercise of its duties and powers under the provisions of this Act shall be made by a majority vote of the members of the Commission. A member of the Commission may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of section 437d(a) of this title or with chapter 95 or chapter 96 of title 26. (d) Meetings The Commission shall meet at least once each month and also at the call of any member. (e) Rules for conduct of activities; judicial notice of seal; principal office The Commission shall prepare written rules for the conduct of its activities, shall have an official seal which shall be judicially noticed, and shall have its principal office in or near the District of Columbia (but it may meet or exercise any of its powers anywhere in the United States). (f) Staff director and general counsel; appointment and compensation; appointment and compensation of personnel and procurement of intermittent services by staff director; use of assistance, personnel, and facilities of Federal agencies and departments; counsel for defense of actions (1) The Commission shall have a staff director and a general counsel who shall be appointed by the Commission. The staff director shall be paid at a rate not to exceed the rate of basic pay in effect for level IV of the Executive Schedule (5 U.S.C. 5315). The general counsel shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316). With the approval of the Commission, the staff director may appoint and fix the pay of such additional personnel as he or she considers desirable without regard to the provisions of title 5 governing appointments in the competitive service. (2) With the approval of the Commission, the staff director may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS-15 of the General Schedule (5 U.S.C. 5332). (3) In carrying out its responsibilities under this Act, the Commission shall, to the fullest extent practicable, avail itself of the assistance, including personnel and facilities of other agencies and departments of the United States. The heads of such agencies and departments may make available to the Commission such personnel, facilities, and other assistance, with or without reimbursement, as the Commission may request. (4) Notwithstanding the provisions of paragraph (2), the Commission is authorized to appear in and defend against any action instituted under this Act, either (A) by attorneys employed in its office, or (B) by counsel whom it may appoint, on a temporary basis as may be necessary for such purpose, without regard to the provisions of title 5 governing appointments in the competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title. The compensation of counsel so appointed on a temporary basis shall be paid out of any funds otherwise available to pay the compensation of employees of the Commission. -SOURCE- (Pub. L. 92-225, title III, Sec. 306, formerly Sec. 310, as added Pub. L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1280; renumbered Sec. 309 and amended Pub. L. 94-283, title I, Sec. 101(a)-(d), 105, May 11, 1976, 90 Stat. 475, 476, 481; renumbered Sec. 306 and amended Pub. L. 96-187, title I, Sec. 105(3), (6), 112(b), Jan. 8, 1980, 93 Stat. 1354, 1366; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (b), (c), and (f)(3), (4), means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title. The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (f)(1), (4), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1986 - Subsec. (c). 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. 1980 - Subsec. (a). Pub. L. 96-187, Sec. 105(6), in par. (1) inserted 'or their designees,' before 'ex officio', and struck out 'of the United States' after 'President'; in par. (2)(B) inserted 'or her' after 'his' in two places; in par. (2)(C) inserted 'or she' after 'he'; in par. (3) struck out 'maturity' before 'experience', substituted 'and members (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the Commission' for 'and shall be chosen from among individuals who, at the time of their appointment', substituted 'Such members of the Commission' for 'Members of the Commission' and substituted 'of his or her appointment to the Commission' for 'such individual begins to serve as a member of the Commission'; and in par. (5) substituted 'A member may serve as Chairman only once' for 'No member may serve as Chairman more often than once'. Subsec. (b)(1). Pub. L. 96-187, Sec. 105(6), substituted 'exclusive jurisdiction' for 'exclusive primary jurisdiction'. Subsec. (c). Pub. L. 96-187, Sec. 105(6), substituted 'provisions of this Act' for 'provisions of this subchapter' in first sentence, and substituted 'A member of the Commission may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of section 437d(a) of this title or with chapter 95 or chapter 96 of title 26.' for 'except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to establish guidelines for compliance with the provisions of this Act or with chapter 95 or chapter 96 of title 26, or for the Commission to take any action in accordance with paragraph (6), (7), (8), or (10) of section 437d(a) of this title. A member of the Commission may not delegate to any person his vote or any decisionmaking authority or duty vested in the Commission by the provisions of this subchapter'. Pub. L. 96-187, Sec. 112(b), purported to substitute 'section 307(a)' for 'section 310(a)', referred to in text as 'section 437d(a) of this title'. However, that substitution had been made in the general amendment of the subsection by section 105(6) of Pub. L. 96-187. See preceding paragraph. Subsec. (f). Pub. L. 96-187, Sec. 105(6), in par. (1) inserted 'or she' after 'as he'; in par. (3) struck out 'Government' after 'United States'; and added par. (4). 1976 - Subsec. (a)(1). Pub. L. 94-283, Sec. 101(a), changed provisions covering the appointment and confirmation of the six members of the Commission other than the Secretary of the Senate and the Clerk of the House of Representatives by substituting a requirement that they be appointed by the President of the United States, by and with the advice and consent of the Senate, for a requirement that appointment be made by the President, the President pro tempore of the Senate, and the Speaker of the House, with confirmation by a majority of both Houses of the Congress, and made technical changes in the provisions covering the political affiliation of the six appointees so as to accommodate the changed appointment and confirmation procedures. Subsec. (a)(2). Pub. L. 94-283, Sec. 101(b), provided that members of the Commission serve for terms of 6 years, except that members first appointed serve for staggered terms as designated by the President, and inserted provision that a member may serve on the Commission after the expiration of his term until his successor has taken office as a member of the Commission. Subsec. (a)(3). Pub. L. 94-283, Sec. 101(c)(1), inserted provisions that Commission members may not engage in other businesses, vocations, or employment, but allowed appointees one year after beginning service as members of the Commission to terminate or liquidate other businesses, vocations, or employment which they may be engaged in when they begin their service as Commission members. Subsec. (b). Pub. L. 94-283, Sec. 101(c)(2), designated existing provisions as par. (1), substituted 'chapter 95 and chapter 96 of title 26' for 'sections 608, 610, 611, 613, 614, 615, 616, and 617 of Title 18' and 'shall have exclusive primary jurisdiction' for 'has primary jurisdiction', and added par. (2). Subsec. (c). Pub. L. 94-283, Sec. 101(c)(3), provided that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to establish guidelines for compliance with the provisions of this Act or with chapter 95 or chapter 96 of title 26, or for the Commission to take any action in accordance with paragraph (6), (7), (8), or (10) of section 437d(a) of this title. Subsec. (f)(1). Pub. L. 94-283, Sec. 101(d), provided that the appointment and the fixing of pay of additional personnel by the staff director may be done without regard to the provisions of title 5 governing appointments in the competitive service. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of this title. EFFECTIVE DATE Section 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 431 of this title. OPERATION OF FEDERAL ELECTION COMMISSION AFTER 1976 AMENDMENT OF FEDERAL ELECTION CAMPAIGN ACT; APPOINTMENT OF COMMISSION MEMBERS; TRANSFER OF PERSONNEL, LIABILITIES, CONTRACTS, PROPERTY, AND RECORDS, OF COMMISSION; REFERENCES TO COMMISSION PRIOR TO AMENDMENT DEEMED REFERENCES TO COMMISSION AS CONSTITUTED AFTER 1976 AMENDMENT OF FEDERAL ELECTION CAMPAIGN ACT Section 101(e)-(g) of Pub. L. 94-283 provided for the transition of the Federal Election Commission as it was reconstituted under the Federal Election Campaign Act of 1971 as amended by Pub. L. 94-283 by providing for appointment of members, transfer of personnel, liabilities, contracts, property, and records, and savings provisions for orders, determinations, rules opinions, and proceedings issued, pending, or commenced before such amendments. TRANSITIONAL PROVISION PENDING APPOINTMENT AND QUALIFICATION OF MEMBERS AND GENERAL COUNSEL OF FEDERAL ELECTION COMMISSION AND TRANSFER OF RECORDS, DOCUMENTS, MEMORANDUMS, AND OTHER PAPERS Section 208(b) of Pub. L. 93-443 provided transitional authority for the Comptroller General, the Secretary of the Senate, and the Clerk of the House of Representatives pending the appointment and qualification of the members and general counsel of the Federal Election Commission and authority for transfer of records, documents, memorandums, and other papers to the Commission. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 sections 9002, 9032. ------DocID 7619 Document 712 of 1400------ -CITE- 2 USC Sec. 437d -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 437d. Powers of Commission -STATUTE- (a) Specific authorities The Commission has the power - (1) to require by special or general orders, any person to submit, under oath, such written reports and answers to questions as the Commission may prescribe; (2) to administer oaths or affirmations; (3) to require by subpena, signed by the chairman or the vice chairman, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; (4) in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Commission and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3); (5) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States; (6) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action brought under section 437g(a)(8) of this title) or appeal any civil action in the name of the Commission to enforce the provisions of this Act and chapter 95 and chapter 96 of title 26, through its general counsel; (7) to render advisory opinions under section 437f of this title; (8) to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, as are necessary to carry out the provisions of this Act and chapter 95 and chapter 96 of title 26; and (9) to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities. (b) Judicial orders for compliance with subpenas and orders of Commission; contempt of court Upon petition by the Commission, any United States district court within the jurisdiction of which any inquiry is being carried on may, in case of refusal to obey a subpena or order of the Commission issued under subsection (a) of this section, issue an order requiring compliance. Any failure to obey the order of the court may be punished by the court as a contempt thereof. (c) Civil liability for disclosure of information No person shall be subject to civil liability to any person (other than the Commission or the United States) for disclosing information at the request of the Commission. (d) Concurrent transmissions to Congress or Member of budget estimates, etc.; prior submission of legislative recommendations, testimony, or comments on legislation (1) Whenever the Commission submits any budget estimate or request to the President or the Office of Management and Budget, it shall concurrently transmit a copy of such estimate or request to the Congress. (2) Whenever the Commission submits any legislative recommendation, or testimony, or comments on legislation, requested by the Congress or by any Member of the Congress, to the President or the Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress or to the Member requesting the same. No officer or agency of the United States shall have any authority to require the Commission to submit its legislative recommendations, testimony, or comments on legislation, to any office or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. (e) Exclusive civil remedy for enforcement Except as provided in section 437g(a)(8) of this title, the power of the Commission to initiate civil actions under subsection (a)(6) of this section shall be the exclusive civil remedy for the enforcement of the provisions of this Act. -SOURCE- (Pub. L. 92-225, title III, Sec. 307, formerly Sec. 311, as added Pub. L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1282; renumbered Sec. 310 and amended Pub. L. 94-283, title I, Sec. 105, 107, 115(b), May 11, 1976, 90 Stat. 481, 495; renumbered Sec. 307 and amended Pub. L. 96-187, title I, Sec. 105(3), 106, Jan. 8, 1980, 93 Stat. 1354, 1356; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a)(6), (8), and (e), means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title. -MISC2- AMENDMENTS 1986 - Subsec. (a)(6), (8). 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. 1980 - Subsec. (a). Pub. L. 96-187, Sec. 106, in par. (1) substituted 'under oath, such written reports and answers to questions as the Commission may prescribe' for 'in writing such reports and answers to questions as the Commission may prescribe' and struck out provision that such submission be made within such reasonable time and under oath as determined by the Commission; in par. (4) struck out 'of this subsection' after 'paragraph (3)'; in par. (6) substituted 'section 437g(a)(8)' for 'section 437g(a)(9)', and substituted 'to enforce the provisions of this Act' for 'for the purpose of enforcing the provisions of this Act'; struck out par. (9) relating to formulation of general policy respecting administration of this Act and chapters 95 and 96 of title 26; and redesignated former par. (10) as (9). Subsec. (b). Pub. L. 96-187, Sec. 106, reworded subsec. (b) without substantive changes. Subsec. (c). Pub. L. 96-187, Sec. 106, reenacted subsec. (c) without change. Subsec. (d). Pub. L. 96-187, Sec. 106, struck out 'of the United States' after 'President' in pars. (1) and (2). Subsec. (e). Pub. L. 96-187, Sec. 106, substituted 'section 437g(a)(8)' for 'section 437g(a)(9)'. 1976 - Subsec. (a)(6). Pub. L. 94-283, Sec. 107(b)(1), substituted 'civil actions' for 'civil proceedings' and inserted '(in the case of any civil action brought under section 437g(a) (9) of this title)' after 'defend' and 'and chapter 95 and chapter 96 of title 26' after 'this Act'. Subsec. (a)(7). Pub. L. 94-283, Sec. 115(b), substituted 'section 312' for 'section 313' in the original to accommodate the renumbering of section 313 of Pub. L. 92-225 as section 312 of Pub. L. 92-225 by section 105 of Pub. L. 94-283. Since both the original and substituted references translate as 'section 437f of this title' no change in text was required. Subsec. (a)(8). Pub. L. 94-283, Sec. 107(a)(1), inserted 'to develop such prescribed forms and to' before 'to make, amend, and repeal' and inserted 'and chapter 95 and chapter 96 of title 26' after 'provisions of this Act'. Subsec. (a)(9). Pub. L. 94-283, Sec. 107(a)(2), substituted 'and chapter 95 and chapter 96 of title 26; and' for 'and sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18;'. Subsecs. (a)(10), (11). Pub. L. 94-283, Sec. 107(a)(3), redesignated par. (11) as par. (10). Former par. (10), which covered the development of prescribed forms under subsection (a)(1) of this section, was struck out. Subsec. (e). Pub. L. 94-283, Sec. 107(b)(2), added subsec. (e). EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of this title. EFFECTIVE DATE Section 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 431 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 437c of this title. ------DocID 7620 Document 713 of 1400------ -CITE- 2 USC Sec. 437e -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 437e. Repealed. Pub. L. 96-187, title I, Sec. 105(1), Jan. 8, 1980, 93 Stat. 1354 -MISC1- Section, Pub. L. 92-225, title III, Sec. 311, formerly Sec. 312, as added Pub. L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1283, and renumbered Pub. L. 94-283, title I, Sec. 105, May 11, 1976, 90 Stat. 481, related to reports to the President and Congress. 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 431 of this title. ------DocID 7621 Document 714 of 1400------ -CITE- 2 USC Sec. 437f -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 437f. Advisory opinions -STATUTE- (a) Requests by persons, candidates, or authorized committees; subject matter; time for response (1) Not later than 60 days after the Commission receives from a person a complete written request concerning the application of this Act, chapter 95 or chapter 96 of title 26, or a rule or regulation prescribed by the Commission, with respect to a specific transaction or activity by the person, the Commission shall render a written advisory opinion relating to such transaction or activity to the person. (2) If an advisory opinion is requested by a candidate, or any authorized committee of such candidate, during the 60-day period before any election for Federal office involving the requesting party, the Commission shall render a written advisory opinion relating to such request no later than 20 days after the Commission receives a complete written request. (b) Procedures applicable to initial proposal of rules or regulations, and advisory opinions Any rule of law which is not stated in this Act or in chapter 95 or chapter 96 of title 26 may be initially proposed by the Commission only as a rule or regulation pursuant to procedures established in section 438(d) of this title. No opinion of an advisory nature may be issued by the Commission or any of its employees except in accordance with the provisions of this section. (c) Persons entitled to rely upon opinions; scope of protection for good faith reliance (1) Any advisory opinion rendered by the Commission under subsection (a) of this section may be relied upon by - (A) any person involved in the specific transaction or activity with respect to which such advisory opinion is rendered; and (B) any person involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is rendered. (2) Notwithstanding any other provisions of law, any person who relies upon any provision or finding of an advisory opinion in accordance with the provisions of paragraph (1) and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of any such act, be subject to any sanction provided by this Act or by chapter 95 or chapter 96 of title 26. (d) Requests made public; submission of written comments by interested public The Commission shall make public any request made under subsection (a) of this section for an advisory opinion. Before rendering an advisory opinion, the Commission shall accept written comments submitted by any interested party within the 10-day period following the date the request is made public. -SOURCE- (Pub. L. 92-225, title III, Sec. 308, formerly Sec. 313, as added Pub. L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1283; renumbered Sec. 312 and amended Pub. L. 94-283, title I, Sec. 105, 108(a), May 11, 1976, 90 Stat. 481, 482; renumbered Sec. 308 and amended Pub. L. 96-187, title I, Sec. 105(4), 107(a), Jan. 8, 1980, 93 Stat. 1354, 1357; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a)(1), (b), and (c)(2), means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title. -MISC2- AMENDMENTS 1986 - Subsecs. (a)(1), (b), (c)(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. 1980 - Subsec. (a). Pub. L. 96-187, Sec. 107, redesignated existing provisions as par. (1), substituted provisions requiring the Commission to render a written advisory opinion no later than 60 days after receiving a written request concerning the application of this Act, chapters 95 or 96 of title 26, or a rule or regulation for provisions requiring a written advisory opinion within a reasonable time in response to a written request by any individual holding Federal office, candidate for Federal office, any political committee or the national committee of a political party, provisions requiring promulgation of a rule or regulation pursuant to procedures established by section 438(c) of this title, and prohibiting issuance of advisory opinions except in accordance with the provisions of this section, and added par. (2). Subsec. (b). Pub. L. 96-187, Sec. 107, struck out the par. (1) and (2) designations and substituted provisions requiring any rule of law not stated in this Act or chapter 95 or 96 of title 26 be initially proposed as a rule or regulation pursuant to the procedures of section 438(d) of this title, and provisions prohibiting issuance of an advisory opinion except in accordance with the provisions of this section for provisions holding any person relying upon an advisory opinion free from any sanction provided by this Act or chapter 95 or 96 of title 26, and provisions allowing reliance on an advisory opinion by any person involved in the specific transaction and any person involved in a transaction indistinguishable from the transaction with respect to which such opinion was rendered. Subsec. (c). Pub. L. 96-187, Sec. 107, redesignated existing provisions as par. (1), substituted provisions allowing reliance on any advisory opinion by any person involved in the specific transaction or activity to which such opinion was rendered and any person involved in a transaction or activity indistinguishable from the transaction with respect to which such opinion was rendered for provisions mandating that any request for an advisory opinion be made public and allowing any interested party to transmit written comments to the Commission prior to the rendering of its opinion, and added par. (2). Subsec. (d). Pub. L. 96-187, Sec. 107, added subsec. (d). 1976 - Subsec. (a). Pub. L. 94-283, Sec. 108(a), added national committees of political parties to the enumeration of persons and political bodies authorized to request advisory opinions, substituted the application of general rules of law as stated in the Act or in chapter 95 or 96 of title 26 or as prescribed by rules or regulations of the Commission to specific factual situations for the resolution of the question of whether or not any specific transaction or activity by an individual, candidate, or political committee would constitute a violation of the Act as the subject matter of advisory opinions, and inserted requirement that rules or regulations forming the basis for rules of law be rules or regulations proposed pursuant to section 438(c) of this title and that advisory opinions be issued only in accordance with the provisions of this section. Subsec. (b). Pub. L. 94-283, Sec. 108(a), designated existing provisions as par. (1), substituted provisions that any person who relies upon any finding or provision of an advisory opinion in accordance with the provisions of paragraph (2) and who acts in good faith in accordance with the provisions and findings of the advisory opinion shall not, as a result of that act, be subject to any sanctions provided by the Act or by chapter 95 or 96 of title 26 for provisions that any person with respect to whom an advisory opinion was rendered under subsection (a) who acted in good faith in accordance with the provisions and findings of an advisory opinion would be presumed to be in compliance with the Act, and added par. (2). EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of this title. EFFECTIVE DATE Section 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 431 of this title. CONFORMANCE OF ADVISORY OPINIONS ISSUED PRIOR TO MAY 11, 1976, TO REQUIREMENTS IMPOSED UNDER 1976 AMENDMENTS Section 108(b) of Pub. L. 94-283 provided that: 'The Commission shall, no later than 90 days after the date of the enactment of this Act (May 11, 1976), conform the advisory opinions issued before such date of enactment to the requirements established by section 312 (a) of the Act (subsec. (a) of this section), as amended by subsection (a) of this section. The provisions of section 312(b) of the Act (subsec. (b) of this section), as amended by subsection (a) of this section, shall apply with respect to all advisory opinions issued before the date of the enactment of this Act as conformed to meet the requirements of section 312(a) of the Act, as amended by subsection (a) of this section.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 437d of this title. ------DocID 7622 Document 715 of 1400------ -CITE- 2 USC Sec. 437g -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 437g. Enforcement -STATUTE- (a) Administrative and judicial practice and procedure (1) Any person who believes a violation of this Act or of chapter 95 or chapter 96 of title 26 has occurred, may file a complaint with the Commission. Such complaint shall be in writing, signed and sworn to by the person filing such complaint, shall be notarized, and shall be made under penalty of perjury and subject to the provisions of section 1001 of title 18. Within 5 days after receipt of a complaint, the Commission shall notify, in writing, any person alleged in the complaint to have committed such a violation. Before the Commission conducts any vote on the complaint, other than a vote to dismiss, any person so notified shall have the opportunity to demonstrate, in writing, to the Commission within 15 days after notification that no action should be taken against such person on the basis of the complaint. The Commission may not conduct any investigation or take any other action under this section solely on the basis of a complaint of a person whose identity is not disclosed to the Commission. (2) If the Commission, upon receiving a complaint under paragraph (1) or on the basis of information ascertained in the normal course of carrying out its supervisory responsibilities, determines, by an affirmative vote of 4 of its members, that it has reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of title 26, the Commission shall, through its chairman or vice chairman, notify the person of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. (3) The general counsel of the Commission shall notify the respondent of any recommendation to the Commission by the general counsel to proceed to a vote on probable cause pursuant to paragraph (4)(A)(i). With such notification, the general counsel shall include a brief stating the position of the general counsel on the legal and factual issues of the case. Within 15 days of receipt of such brief, respondent may submit a brief stating the position of such respondent on the legal and factual issues of the case, and replying to the brief of general counsel. Such briefs shall be filed with the Secretary of the Commission and shall be considered by the Commission before proceeding under paragraph (4). (4)(A)(i) Except as provided in clause (ii), if the Commission determines, by an affirmative vote of 4 of its members, that there is probable cause to believe that any person has committed, or is about to commit, a violation of this Act or of chapter 95 or chapter 96 of title 26, the Commission shall attempt, for a period of at least 30 days, to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with any person involved. Such attempt by the Commission to correct or prevent such violation may continue for a period of not more than 90 days. The Commission may not enter into a conciliation agreement under this clause except pursuant to an affirmative vote of 4 of its members. A conciliation agreement, unless violated, is a complete bar to any further action by the Commission, including the bringing of a civil proceeding under paragraph (6)(A). (ii) If any determination of the Commission under clause (i) occurs during the 45-day period immediately preceding any election, then the Commission shall attempt, for a period of at least 15 days, to correct or prevent the violation involved by the methods specified in clause (i). (B)(i) No action by the Commission or any person, and no information derived, in connection with any conciliation attempt by the Commission under subparagraph (A) may be made public by the Commission without the written consent of the respondent and the Commission. (ii) If a conciliation agreement is agreed upon by the Commission and the respondent, the Commission shall make public any conciliation agreement signed by both the Commission and the respondent. If the Commission makes a determination that a person has not violated this Act or chapter 95 or chapter 96 of title 26, the Commission shall make public such determination. (5)(A) If the Commission believes that a violation of this Act or of chapter 95 or chapter 96 of title 26 has been committed, a conciliation agreement entered into by the Commission under paragraph (4)(A) may include a requirement that the person involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation. (B) If the Commission believes that a knowing and willful violation of this Act or of chapter 95 or chapter 96 of title 26 has been committed, a conciliation agreement entered into by the Commission under paragraph (4)(A) may require that the person involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of $10,000 or an amount equal to 200 percent of any contribution or expenditure involved in such violation. (C) If the Commission by an affirmative vote of 4 of its members, determines that there is probable cause to believe that a knowing and willful violation of this Act which is subject to subsection (d) of this section, or a knowing and willful violation of chapter 95 or chapter 96 of title 26, has occurred or is about to occur, it may refer such apparent violation to the Attorney General of the United States without regard to any limitations set forth in paragraph (4)(A). (D) In any case in which a person has entered into a conciliation agreement with the Commission under paragraph (4)(A), the Commission may institute a civil action for relief under paragraph (6)(A) if it believes that the person has violated any provision of such conciliation agreement. For the Commission to obtain relief in any civil action, the Commission need only establish that the person has violated, in whole or in part, any requirement of such conciliation agreement. (6)(A) If the Commission is unable to correct or prevent any violation of this Act or of chapter 95 or chapter 96 of title 26, by the methods specified in paragraph (4)(A), the Commission may, upon an affirmative vote of 4 of its members, institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order (including an order for a civil penalty which does not exceed the greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation) in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business. (B) In any civil action instituted by the Commission under subparagraph (A), the court may grant a permanent or temporary injunction, restraining order, or other order, including a civil penalty which does not exceed the greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation, upon a proper showing that the person involved has committed, or is about to commit (if the relief sought is a permanent or temporary injunction or a restraining order), a violation of this Act or chapter 95 or chapter 96 of title 26. (C) In any civil action for relief instituted by the Commission under subparagraph (A), if the court determines that the Commission has established that the person involved in such civil action has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of title 26, the court may impose a civil penalty which does not exceed the greater of $10,000 or an amount equal to 200 percent of any contribution or expenditure involved in such violation. (7) In any action brought under paragraph (5) or (6), subpenas for witnesses who are required to attend a United States district court may run into any other district. (8)(A) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party under paragraph (1), or by a failure of the Commission to act on such complaint during the 120-day period beginning on the date the complaint is filed, may file a petition with the United States District Court for the District of Columbia. (B) Any petition under subparagraph (A) shall be filed, in the case of a dismissal of a complaint by the Commission, within 60 days after the date of the dismissal. (C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint. (9) Any judgment of a district court under this subsection may be appealed to the court of appeals, and the judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. (10) Repealed. Pub. L. 98-620, title IV, Sec. 402(1)(A), Nov. 8, 1984, 98 Stat. 3357. (11) If the Commission determines after an investigation that any person has violated an order of the court entered in a proceeding brought under paragraph (6), it may petition the court for an order to hold such person in civil contempt, but if it believes the violation to be knowing and willful it may petition the court for an order to hold such person in criminal contempt. (12)(A) Any notification or investigation made under this section shall not be made public by the Commission or by any person without the written consent of the person receiving such notification or the person with respect to whom such investigation is made. (B) Any member or employee of the Commission, or any other person, who violates the provisions of subparagraph (A) shall be fined not more than $2,000. Any such member, employee, or other person who knowingly and willfully violates the provisions of subparagraph (A) shall be fined not more than $5,000. (b) Notice to persons not filing required reports prior to institution of enforcement action; publication of identity of persons and unfiled reports Before taking any action under subsection (a) of this section against any person who has failed to file a report required under section 434(a)(2)(A)(iii) of this title for the calendar quarter immediately preceding the election involved, or in accordance with section 434(a)(2)(A)(i) of this title, the Commission shall notify the person of such failure to file the required reports. If a satisfactory response is not received within 4 business days after the date of notification, the Commission shall, pursuant to section 438(a)(7) of this title, publish before the election the name of the person and the report or reports such person has failed to file. (c) Reports by Attorney General of apparent violations Whenever the Commission refers an apparent violation to the Attorney General, the Attorney General shall report to the Commission any action taken by the Attorney General regarding the apparent violation. Each report shall be transmitted within 60 days after the date the Commission refers an apparent violation, and every 30 days thereafter until the final disposition of the apparent violation. (d) Penalties; defenses; mitigation of offenses (1)(A) Any person who knowingly and willfully commits a violation of any provision of this Act which involves the making, receiving, or reporting of any contribution or expenditure aggregating $2,000 or more during a calendar year shall be fined, or imprisoned for not more than one year, or both. The amount of this fine shall not exceed the greater of $25,000 or 300 percent of any contribution or expenditure involved in such violation. (B) In the case of a knowing and willful violation of section 441b(b)(3) of this title, the penalties set forth in this subsection shall apply to a violation involving an amount aggregating $250 or more during a calendar year. Such violation of section 441b(b)(3) of this title may incorporate a violation of section 441c(b), 441f, and 441g of this title. (C) In the case of a knowing and willful violation of section 441h of this title, the penalties set forth in this subsection shall apply without regard to whether the making, receiving, or reporting of a contribution or expenditure of $1,000 or more is involved. (2) In any criminal action brought for a violation of any provision of this Act or of chapter 95 or chapter 96 of title 26, any defendant may evidence their lack of knowledge or intent to commit the alleged violation by introducing as evidence a conciliation agreement entered into between the defendant and the Commission under subsection (a)(4)(A) of this section which specifically deals with the act or failure to act constituting such violation and which is still in effect. (3) In any criminal action brought for a violation of any provision of this Act or of chapter 95 or chapter 96 of title 26, the court before which such action is brought shall take into account, in weighing the seriousness of the violation and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty, whether - (A) the specific act or failure to act which constitutes the violation for which the action was brought is the subject of a conciliation agreement entered into between the defendant and the Commission under subparagraph (a)(4)(A); (B) the conciliation agreement is in effect; and (C) the defendant is, with respect to the violation involved, in compliance with the conciliation agreement. -SOURCE- (Pub. L. 92-225, title III, Sec. 309, formerly Sec. 314, as added Pub. L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1284; renumbered Sec. 313 and amended Pub. L. 94-283, title I, Sec. 105, 109, May 11, 1976, 90 Stat. 481, 483; renumbered Sec. 309 and amended Pub. L. 96-187, title I, Sec. 105(4), 108, Jan. 8, 1980, 93 Stat. 1354, 1358; Pub. L. 98-620, title IV, Sec. 402(1)(A), Nov. 8, 1984, 98 Stat. 3357; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (d), means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title. -MISC2- PRIOR PROVISIONS Provisions similar to those comprising subsec. (a) of this section were contained in section 308(d) of Pub. L. 92-225, title III, Feb. 7, 1972, 86 Stat. 18 (section 438(d) of this title) prior to amendment of section 308 of Pub. L. 92-225 by Pub. L. 93-443. AMENDMENTS 1986 - Subsecs. (a)(1), (2), (4)(A)(i), (B)(ii), (5)(A) to (C), (6), (d)(2), (3). 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. 1984 - Subsec. (a)(10). Pub. L. 98-620 struck out par. (10) which provided that any action brought under subsec. (a) be advanced on the docket of the court in which filed and put ahead of all other actions (other than other actions brought under this subsec. or under section 437h of this title). 1980 - Pub. L. 96-187, Sec. 108, substantially revised provisions of this section in order to facilitate the Commission's more expeditious handling of complaints, and implementation of enforcement proceedings. 1976 - Subsec. (a). Pub. L. 94-283, Sec. 109, generally revised provisions of subsec. (a) to reflect enactment of sections 441a to 441j of this title and repeal of sections 608 and 610 to 617 of title 18 and to update the operations of the Commission. Subsecs. (b), (c). Pub. L. 94-283, Sec. 109, reenacted subsec. (b) without change and added subsec. (c). 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. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of this title. EFFECTIVE DATE Section 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 431 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 437d of this title. ------DocID 7623 Document 716 of 1400------ -CITE- 2 USC Sec. 437h -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 437h. Judicial review -STATUTE- The Commission, the national committee of any political party, or any individual eligible to vote in any election for the office of President may institute such actions in the appropriate district court of the United States, including actions for declaratory judgment, as may be appropriate to construe the constitutionality of any provision of this Act. The district court immediately shall certify all questions of constitutionality of this Act to the United States court of appeals for the circuit involved, which shall hear the matter sitting en banc. -SOURCE- (Pub. L. 92-225, title III, Sec. 310, formerly Sec. 315, as added Pub. L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1285; renumbered Sec. 314 and amended Pub. L. 94-283, title I, Sec. 105, 115(e), May 11, 1976, 90 Stat. 481, 496; renumbered Sec. 310 and amended Pub. L. 96-187, title I, Sec. 105(4), 112(c), Jan. 8, 1980, 93 Stat. 1354, 1366; Pub. L. 98-620, title IV, Sec. 402(1)(B), Nov. 8, 1984, 98 Stat. 3357; Pub. L. 100-352, Sec. 6(a), June 27, 1988, 102 Stat. 663.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title. -MISC2- AMENDMENTS 1988 - Pub. L. 100-352 struck out '(a)' before 'The Commission' and struck out subsec. (b) which read as follows: 'Notwithstanding any other provision of law, any decision on a matter certified under subsection (a) of this section shall be reviewable by appeal directly to the Supreme Court of the United States. Such appeal shall be brought no later than 20 days after the decision of the court of appeals.' 1984 - Subsec. (c). Pub. L. 98-620 struck out subsec. (c) which provided for advancement on appellate docket and expedited disposition of any matter certified under subsec. (a) of this section. 1980 - Subsec. (a). Pub. L. 96-187, Sec. 112(c), struck out 'of the United States' after 'office of President'. 1976 - Subsec. (a). Pub. L. 94-283, Sec. 115(e), struck out references to sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-352 effective ninety days after June 27, 1988, except that such amendment not to apply to cases pending in Supreme Court on such effective date or affect right to review or manner of reviewing judgment or decree of court which was entered before such effective date, see section 7 of Pub. L. 100-352, set out as a note under section 1254 of Title 28, Judiciary and Judicial Procedure. 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. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of this title. EFFECTIVE DATE Section 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 431 of this title. ------DocID 7624 Document 717 of 1400------ -CITE- 2 USC Sec. 438 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 438. Administrative provisions -STATUTE- (a) Duties of Commission The Commission shall - (1) prescribe forms necessary to implement this Act; (2) prepare, publish, and furnish to all persons required to file reports and statements under this Act a manual recommending uniform methods of bookkeeping and reporting; (3) develop a filing, coding, and cross-indexing system consistent with the purposes of this Act; (4) within 48 hours after the time of the receipt by the Commission of reports and statements filed with it, make them available for public inspection, and copying, at the expense of the person requesting such copying, except that any information copied from such reports or statements may not be sold or used by any person for the purpose of soliciting contributions or for commercial purposes, other than using the name and address of any political committee to solicit contributions from such committee. A political committee may submit 10 pseudonyms on each report filed in order to protect against the illegal use of names and addresses of contributors, provided such committee attaches a list of such pseudonyms to the appropriate report. The Clerk, Secretary, or the Commission shall exclude these lists from the public record; (5) keep such designations, reports, and statements for a period of 10 years from the date of receipt, except that designations, reports, and statements that relate solely to candidates for the House of Representatives shall be kept for 5 years from the date of their receipt; (6)(A) compile and maintain a cumulative index of designations, reports, and statements filed under this Act, which index shall be published at regular intervals and made available for purchase directly or by mail; (B) compile, maintain, and revise a separate cumulative index of reports and statements filed by multi-candidate committees, including in such index a list of multi-candidate committees; and (C) compile and maintain a list of multi-candidate committees, which shall be revised and made available monthly; (7) prepare and publish periodically lists of authorized committees which fail to file reports as required by this Act; (8) prescribe rules, regulations, and forms to carry out the provisions of this Act, in accordance with the provisions of subsection (d) of this section; (9) transmit to the President and to each House of the Congress no later than June 1 of each year, a report which states in detail the activities of the Commission in carrying out its duties under this Act, and any recommendations for any legislative or other action the Commission considers appropriate; and (10) serve as a national clearinghouse for the compilation of information and review of procedures with respect to the administration of Federal elections. The Commission may enter into contracts for the purpose of conducting studies under this paragraph. Reports or studies made under this paragraph shall be available to the public upon the payment of the cost thereof, except that copies shall be made available without cost, upon request, to agencies and branches of the Federal Government. (b) Audits and field investigations The Commission may conduct audits and field investigations of any political committee required to file a report under section 434 of this title. All audits and field investigations concerning the verification for, and receipt and use of, any payments received by a candidate or committee under chapter 95 or chapter 96 of title 26 shall be given priority. Prior to conducting any audit under this subsection, the Commission shall perform an internal review of reports filed by selected committees to determine if the reports filed by a particular committee meet the threshold requirements for substantial compliance with the Act. Such thresholds for compliance shall be established by the Commission. The Commission may, upon an affirmative vote of 4 of its members, conduct an audit and field investigation of any committee which does meet the threshold requirements established by the Commission. Such audit shall be commenced within 30 days of such vote, except that any audit of an authorized committee of a candidate, under the provisions of this subsection, shall be commenced within 6 months of the election for which such committee is authorized. (c) Statutory provisions applicable to forms and information-gathering activities Any forms prescribed by the Commission under subsection (a)(1) of this section, and any information-gathering activities of the Commission under this Act, shall not be subject to the provisions of section 3512 of title 44. (d) Rules, regulations, or forms; issuance, procedures applicable, etc. (1) Before prescribing any rule, regulation, or form under this section or any other provision of this Act, the Commission shall transmit a statement with respect to such rule, regulation, or form to the Senate and the House of Representatives, in accordance with this subsection. Such statement shall set forth the proposed rule, regulation, or form, and shall contain a detailed explanation and justification of it. (2) If either House of the Congress does not disapprove by resolution any proposed rule or regulation submitted by the Commission under this section within 30 legislative days after the date of the receipt of such proposed rule or regulation or within 10 legislative days after the date of receipt of such proposed form, the Commission may prescribe such rule, regulation, or form. (3) For purposes of this subsection, the term 'legislative day' means, with respect to statements transmitted to the Senate, any calendar day on which the Senate is in session, and with respect to statements transmitted to the House of Representatives, any calendar day on which the House of Representatives is in session. (4) For purposes of this subsection, the terms 'rule' and 'regulation' mean a provision or series of interrelated provisions stating a single, separable rule of law. (5)(A) A motion to discharge a committee of the Senate from the consideration of a resolution relating to any such rule, regulation, or form or a motion to proceed to the consideration of such a resolution, is highly privileged and shall be decided without debate. (B) Whenever a committee of the House of Representatives reports any resolution relating to any such form, rule or regulation, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and is not in order to move to reconsider the vote by which the motion is agreed to or disagreed with. (e) Scope of protection for good faith reliance upon rules or regulations Notwithstanding any other provision of law, any person who relies upon any rule or regulation prescribed by the Commission in accordance with the provisions of this section and who acts in good faith in accordance with such rule or regulation shall not, as a result of such act, be subject to any sanction provided by this Act or by chapter 95 or chapter 96 of title 26. (f) Promulgation of rules, regulations, and forms by Commission and Internal Revenue Service; report to Congress on cooperative efforts In prescribing such rules, regulations, and forms under this section, the Commission and the Internal Revenue Service shall consult and work together to promulgate rules, regulations, and forms which are mutually consistent. The Commission shall report to the Congress annually on the steps it has taken to comply with this subsection. -SOURCE- (Pub. L. 92-225, title III, Sec. 311, formerly Sec. 308, Feb. 7, 1972, 86 Stat. 16; renumbered Sec. 316 and amended Pub. L. 93-443, title II, Sec. 208(a), (c)(7)-(10), 209(a)(1), (b), Oct. 15, 1974, 88 Stat. 1279, 1286, 1287; renumbered Sec. 315 and amended Pub. L. 94-283, title I, Sec. 105, 110, May 11, 1976, 90 Stat. 481, 486; renumbered Sec. 311 and amended Pub. L. 96-187, title I, Sec. 105(4), 109, Jan. 8, 1980, 93 Stat. 1354, 1362; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title. Section 3512 of title 44, referred to in subsec. (c), which related to requirements for the collection of information by independent Federal regulatory agencies, was a part of chapter 35 of Title 44, Public Printing and Documents. Chapter 35 was amended generally by the Paperwork Reduction Act of 1980 (Pub. L. 96-511). See sections 3506 and 3513 of Title 44 for provisions similar to those appearing in former section 3512. -MISC2- AMENDMENTS 1986 - Subsecs. (b), (e). 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. 1980 - Subsec. (a). Pub. L. 96-187, Sec. 109, substituted in introductory clause 'The Commission shall' for 'It shall be the duty of the Commission'. Subsec. (a)(1). Pub. L. 96-187, Sec. 109, substituted 'prescribe forms necessary to implement this Act' for 'to develop and furnish to the person required by the provisions of this Act prescribed forms for the making of the reports and statements required to be filed with it under this subchapter'. Subsec. (a)(2). Pub. L. 96-187, Sec. 109, substituted 'prepare, publish, and furnish to all persons required to file reports and statements under this Act' for 'to prepare, publish, and furnish to the person required to file such reports and statements'. Subsec. (a)(3). Pub. L. 96-187, Sec. 109, struck out 'to' before 'develop' and substituted 'consistent with the purposes of this Act' for 'consonant with the purposes of this subchapter'. Subsec. (a)(4). Pub. L. 96-187, Sec. 109, substituted provisions making available for inspection and copying reports and statements within 48 hours after receipt and prohibiting the sale or use of any information for soliciting contributions or for commercial purposes other than using names and addresses of any political committee and allowing a political committee to submit 10 pseudonyms on each report to protect against illegal use of names and addresses of contributors, such lists to be excluded from the public record, for provisions making available for public inspection and copying reports and statements as soon as practicable but no later than the end of the second day following the day during which it was received, and to permit copying by hand or duplicating machine at the person's own expense, provided that no information so copied be sold or utilized for purposes of soliciting contributions or for commercial purposes. Subsec. (a)(5). Pub. L. 96-187, Sec. 109, substituted 'keep such designations, reports' for 'to preserve such reports', 'except that designations, reports, and statements that relate' for 'except that reports and statements relating' and 'shall be kept' for 'shall be preserved'. Subsec. (a)(6). Pub. L. 96-187, Sec. 109, redesignated existing provisions as subpar. (A), added subpars. (B) and (C), and in subpar. (A) as so designated substituted provisions for the compilation and maintenance of a cumulative index of designations, reports, and statements filed under this Act, to be published at regular intervals and made available for direct or mail purchase for provisions for compilation and maintenance of such index to be published in the Federal Register at regular intervals to be made available for direct or mail purchase at reasonable prices, and for compilation and maintenance of a separate cumulative index of reports and statements of political committees supporting more than one candidate including a listing of the date of registration of such committee and the date of qualification to make expenditures under section 441a(a)(2), to be revised on the same basis as the other cumulative indices. Subsec. (a)(7). Pub. L. 96-187, Sec. 109, substituted provisions requiring preparation and publication periodically lists of committees failing to file reports as required by this Act for provisions requiring preparation and publication from time to time of special reports listing candidates for whom reports were filed as required and candidates for whom reports were not filed. Subsec. (a)(8). Pub. L. 96-187, Sec. 109, substituted provisions for rules, regulations and forms to carry out the provisions of this Act in accordance with subsec. (d) for provisions mandating audits and field investigations with respect to reports and statements and failure to file such and giving priority to auditing and field investigation verification and receipt and use of payments received by a candidate. Subsec. (a)(9). Pub. L. 96-187, Sec. 109, substituted provisions for transmittal to the President and Congress no later than June 1 of each year a report of Commission activities and recommendations for legislation for provisions for reporting apparent violations of law to appropriate law enforcement authorities. Subsec. (a)(10). Pub. L. 96-187, Sec. 109, substituted provisions authorizing the Commission to serve as a national clearinghouse for compilation of information and review procedures with respect to administration of Federal elections, and to enter into contracts to conduct studies, to be made available to the public upon payment of costs except that copies be made available without cost to agencies and branches of the Federal Government for provisions for prescription of rules and regulations to carry out the provisions of this subchapter in accordance with the provisions of subsec. (c) of this section. Subsec. (b). Pub. L. 96-187, Sec. 109, substituted provisions for the conduct of audits and field investigations with priority to verification for, and receipt and use of payments received by a candidate or committee under chapter 95 or 96 of title 26, and performance of internal review of reports of selected committees to determine compliance with threshold requirements of this Act, such requirements to be established by the Commission, audits and investigations to be undertaken upon affirmative vote of 4 members within 30 days of such vote except audits of an authorized committee of a candidate to be commenced within 6 months of the election for which such committee was authorized, for provisions declaring it the duty of the Commission to act as a national clearinghouse for information in respect to administration of elections, to enter into contracts to conduct independent studies of administration of elections, such studies to be published by the Commission and copies made available to the general public. Subsec. (c). Pub. L. 96-187, Sec. 109, substituted provisions exempting from the provisions of section 3512 of title 44 any forms prescribed by the Commission and any information-gathering activities of the Commission for provisions of pars. (1) to (5) relating to prescribing of rules and regulations and approval thereof by either the Senate or the House of Representatives, and definition of 'legislative days' and 'rule or regulation'. Subsec. (d)(1). Pub. L. 96-187, Sec. 109, substituted provisions for transmittal to Congress of a statement with respect to any rule, regulation or form prior to its prescription, such statement setting forth such rule, etc., and a detailed explanation and justification, for provisions of subpars. (A) to (C) prescribing rules and regulations to carry out the provisions of this subchapter including rules and regulations relating to reports and statements to be filed by a candidate or delegate or Resident Commissioner to Congress, candidate for office of Senator, such reports to be made available to the public by the Clerk and Secretary of the House of Representatives and Senate, respectively. Subsec. (d)(2). Pub. L. 96-187, Sec. 109, substituted provisions permitting the Commission to prescribe a rule or regulation in the absence of disapproval by resolution of either House of Congress within 30 legislative days after the date of receipt of such proposed rule or regulation or within 10 legislative days after receipt of such proposed form for provisions that it is the duty of the Clerk and Secretary of the House of Representatives and Senate, respectively, to cooperate with the Commission in carrying out its duties under this Act and to furnish such services and facilities as may be required. Subsec. (d)(3), (4). Pub. L. 96-187, Sec. 109, added pars. (3) and (4). Subsecs. (e), (f). Pub. L. 96-187, Sec. 109, added subsecs. (e) and (f). 1976 - Subsec. (a)(6). Pub. L. 94-283, Sec. 110(a)(1), inserted provisions covering and index of reports and statements filed by committees supporting more than one candidate. Subsec. (a)(8). Pub. L. 94-283, Sec. 110(a)(2), inserted provisions giving priority to auditing and field investigating of the verification for, and the receipt and use of, any payments received by a candidate under chapter 95 or 96 of title 26. Subsec. (c)(2). Pub. L. 94-283, Sec. 110(b)(1), inserted provision for priority consideration by the House of Representatives of a motion to consider resolutions relating to a rule or regulation reported by a committee of the House. Subsec. (c)(5). Pub. L. 94-283, Sec. 110(b)(2), added par. (5). 1974 - Subsec. (a). Pub. L. 93-443, Sec. 208(c)(8), substituted 'Commission' for 'supervisory officer' in introductory provision. Subsec. (a)(1), (4). Pub. L. 93-443, Sec. 208(c)(9)(A), (B), substituted 'him' for 'it' in pars. (1) and (4). Subsec. (a)(6). Pub. L. 93-443, Sec. 209(a)(1), substituted provisions respecting index of reports and statements and publication thereof in Federal Register for provisions respecting compilation and maintenance of current list of candidate statements. Subsec. (a)(7). Pub. L. 93-443, Sec. 209(a)(1), substituted provision for preparation and publication of special reports listing candidates for whom reports were filed as required by this subchapter and those candidates for whom such reports were not filed as so required for provisions respecting publication of annual reports and compilations of data. Subsec. (a)(8). Pub. L. 93-443, Sec. 209(a)(1), redesignated par. (11) as (8) and struck out former par. (8) provision for preparation and publication of special reports comparing the various totals and categories of contributions and expenditures made with respect to preceding elections. Subsec. (a)(9). Pub. L. 93-443, Sec. 209(a)(1), redesignated par. (12) as (9) and struck out former par. (9) provision for preparation and publication of other reports. Subsec. (a)(10). Pub. L. 93-443, Sec. 209(a)(1), (b)(1), redesignated par. (13) as (10), inserted end text reading ', in accordance with the provisions of subsection (c) of this section', and struck out former par. (10) provision for dissemination of information. Subsec. (a)(11) to (13). Pub. L. 93-443, Sec. 209(a)(1), redesignated pars. (11) to (13) as (8) to (10), respectively. Subsec. (b). Pub. L. 93-443, Sec. 208(c)(10)(A), (B), 209(b)(2)(A), substituted 'Commission' for 'Comptroller General' wherever appearing and 'its' for 'his' in second sentence and struck out provision that 'Nothing in this subsection shall be construed to authorize the Comptroller General to require the inclusion of any comment or recommendation of the Comptroller General in any such study.', redesignated subsec. (c) as (b) and struck out former subsec. (b) provisions respecting Federal and State filing of reports, including procedures for Federal copies in satisfaction of State requirements to eliminate multiple filings. Subsec. (c). Pub. L. 93-443, Sec. 209(b)(2)(A), (B), added subsec. (c) and redesignated former subsec. (c) as (b). Subsec. (d). Pub. L. 93-443, Sec. 209(b)(2)(A), (B), added subsec. (d) and struck out former subsec. (d) provisions respecting violations, the paragraphs relating to: (1) complaints, investigations, notice and hearing, Federal civil actions for injunction, restraining orders, or other appropriate orders, venue, and bond; (2) subpenas; (3) review by court of appeals and time for petition of review; (4) finality of appellate judgment and review by Supreme Court; and (5) docket advancement and priorities, provisions now covered by section 437g(a) of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of this title. TRANSITION PROVISIONS Disapproval of rules and regulations by either House of Congress under subsec. (d) of this section within 30 legislative days after receipt to be deemed to allow such disapproval within 15 days with respect to rules and regulations implementing Pub. L. 96-187 proposed under section 303(a) of Pub. L. 96-187, see section 303(b) of Pub. L. 96-187, set out as a note under section 431 of this title. ANNUAL REPORTS FOR CALENDAR YEARS BEGINNING AFTER DEC. 31, 1972 Section 209(a)(2) of Pub. L. 93-443 provided that: 'Notwithstanding section 308(a)(7) of the Federal Election Campaign Act of 1971 (subsec. (a)(7) of this section) (relating to an annual report by the supervisory officer), as in effect on the day before the effective date of the amendments made by paragraph (1) of this subsection, no such annual report shall be required with respect to any calendar year beginning after December 31, 1972.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 432, 437f, 437g, 439c of this title. ------DocID 7625 Document 718 of 1400------ -CITE- 2 USC Sec. 439 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 439. Statements filed with State officers; 'appropriate State' defined; duties of State officers -STATUTE- (a)(1) A copy of each report and statement required to be filed by any person under this Act shall be filed by such person with the Secretary of State (or equivalent State officer) of the appropriate State, or, if different, the officer of such State who is charged by State law with maintaining State election campaign reports. The chief executive officer of such State shall designate any such officer and notify the Commission of any such designation. (2) For purposes of this subsection, the term 'appropriate State' means - (A) for statements and reports in connection with the campaign for nomination for election of a candidate to the office of President or Vice President, each State in which an expenditure is made on behalf of the candidate; and (B) for statements and reports in connection with the campaign for nomination for election, or election, of a candidate to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, the State in which the candidate seeks election; except that political committees other than authorized committees are only required to file, and Secretaries of State required to keep, that portion of the report applicable to candidates seeking election in that State. (b) The Secretary of State (or equivalent State officer), or the officer designated under subsection (a)(1) of this section, shall - (1) receive and maintain in an orderly manner all reports and statements required by this Act to be filed therewith; (2) keep such reports and statements (either in original filed form or in facsimile copy by microfilm or otherwise) for 2 years after their date of receipt; (3) make each report and statement filed therewith available as soon as practicable (but within 48 hours of receipt) for public inspection and copying during regular business hours, and permit copying of any such report or statement by hand or by duplicating machine at the request of any person, except that such copying shall be at the expense of the person making the request; and (4) compile and maintain a current list of all reports and statements pertaining to each candidate. -SOURCE- (Pub. L. 92-225, title III, Sec. 312, formerly Sec. 309, Feb. 7, 1972, 86 Stat. 18; renumbered Sec. 317 and amended Pub. L. 93-443, title II, Sec. 208(a), (c)(11), Oct. 15, 1974, 88 Stat. 1279, 1287; renumbered Sec. 316, Pub. L. 94-283, title I, Sec. 105, May 11, 1976, 90 Stat. 481; renumbered Sec. 312 and amended Pub. L. 96-187, title I, Sec. 105(4), 110, Jan. 8, 1980, 93 Stat. 1354, 1364.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a)(1) and (b)(1), means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title. -MISC2- AMENDMENTS 1980 - Subsec. (a). Pub. L. 96-187, Sec. 110, in revising text, added par. (1), incorporating part of first sentence reading 'A copy of each statement required to be filed with the Commissioner by this subchapter shall be filed with the Secretary of State (or, if there is no office of Secretary of State, the equivalent State officer) of the appropriate State.'; and reenacted as par. (2) definition provision of second sentence, redesignating as cl. (A) prior cl. (1) provisions, inserting reference to statements respecting the campaign, striking out reference to campaign for election and provision for expenditure by the candidate, and redesignating as cl. (B) prior cl. (2), inserting reference to statements respecting the campaign and requirement only for political committees other than authorized committees to file and Secretaries of State to keep that portion of report applicable to candidates seeking election in that State. Subsec. (b). Pub. L. 96-187, Sec. 110, in revising text, provided for performance of the prescribed duties by the officer designated under subsec. (a)(1); substituted in cl. (1) 'reports and statements required by this Act to be filed therewith' for 'reports and statements required by this subchapter to be filed with him'; substituted in cl. (2) requirement of a 2 year retention period for reports and statements after receipt in original form or in facsimile copy by microfilm for ten year retention period after such receipt and five year period when relating to House of Representatives candidates; required in cl. (3) that filed reports and statements be available within 48 hours of receipt rather than no later than end of day of receipt; and provided in cl. (4) for inclusion of reports in current list and exclusion of parts of statements. 1974 - Subsec. (a). Pub. L. 93-443, Sec. 208(c)(11), substituted 'the Commission' for 'a supervisory officer'. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93-443, set out as a note under section 431 of this title. ------DocID 7626 Document 719 of 1400------ -CITE- 2 USC Sec. 439a -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 439a. Use of contributed amounts for certain purposes -STATUTE- Amounts received by a candidate as contributions that are in excess of any amount necessary to defray his expenditures, and any other amounts contributed to an individual for the purpose of supporting his or her activities as a holder of Federal office, may be used by such candidate or individual, as the case may be, to defray any ordinary and necessary expenses incurred in connection with his or her duties as a holder of Federal office, may be contributed to any organization described in section 170(c) of title 26, or may be used for any other lawful purpose, including transfers without limitation to any national, State, or local committee of any political party; except that no such amounts may be converted by any person to any personal use, other than to defray any ordinary and necessary expenses incurred in connection with his or her duties as a holder of Federal office. -SOURCE- (Pub. L. 92-225, title III, Sec. 313, formerly Sec. 318, as added Pub. L. 93-443, title II, Sec. 210, Oct. 15, 1974, 88 Stat. 1288; renumbered Sec. 317, Pub. L. 94-283, title I, Sec. 105, May 11, 1976, 90 Stat. 481; renumbered Sec. 313 and amended Pub. L. 96-187, title I, Sec. 105(4), 113, Jan. 8, 1980, 93 Stat. 1354, 1366; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-194, title V, Sec. 504(a), Nov. 30, 1989, 103 Stat. 1755.) -MISC1- AMENDMENTS 1989 - Pub. L. 101-194 struck out ', with respect to any individual who is not a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress on January 8, 1980,' after 'except that'. 1986 - 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. 1980 - Pub. L. 96-187, Sec. 113, substituted 'his or her activities', 'incurred in connection with his or her duties,' and 'may be contributed to any organization' for 'his activities', 'incurred by him in connection with his duties', and 'may be contributed by him to any organization', respectively; authorized use of contributions for transfers without limitation to any national, State, or local committee of any political party but prohibited with respect to any individual who is not a Senator or Representative in, or Delegate or Resident Commissioner to the Congress on Jan. 8, 1980, conversion to any personal use, other than to defray any ordinary and necessary expenses incurred in connection with his or her duties as a holder of Federal office; and struck out requirement for disclosure of contributions and expenditures under Commission rules when such disclosure is not otherwise required under this subchapter and authorization for Commission to prescribe rules to carry out this section. EFFECTIVE DATE OF 1989 AMENDMENT Section 504(b) of Pub. L. 101-194 provided that: 'The amendment made by subsection (a) (amending this section) - '(1) in the case of an individual who serves as a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress in the 102nd Congress or an earlier Congress, shall apply, except as provided in paragraph (2), to the use of excess amounts totaling more than the amount equal to the unobligated balance on hand on the date of the enactment of this Act (Nov. 30, 1989); and '(2) in the case of an individual who serves as a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress after the 102nd Congress (including an individual referred to in paragraph (1) who so serves), shall apply to the use of any excess amount on or after the first day of such service.' EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of this title. EFFECTIVE DATE Section 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 431 of this title. ------DocID 7627 Document 720 of 1400------ -CITE- 2 USC Sec. 439b -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 439b. Repealed. Pub. L. 96-187, title I, Sec. 105(1), Jan. 8, 1980, 93 Stat. 1354 -MISC1- Section, Pub. L. 92-225, title III, Sec. 318, formerly Sec. 319, as added Pub. L. 93-443, title II, Sec. 210, Oct. 15, 1974, 88 Stat. 1289, and renumbered Pub. L. 94-283, title I, Sec. 105, May 11, 1976, 90 Stat. 481, set forth prohibitions respecting franked solicitations. 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 431 of this title. ------DocID 7628 Document 721 of 1400------ -CITE- 2 USC Sec. 439c -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 439c. Authorization of appropriations -STATUTE- There are authorized to be appropriated to the Commission for the purpose of carrying out its functions under this Act, and under chapters 95 and 96 of title 26, not to exceed $5,000,000 for the fiscal year ending June 30, 1975. There are authorized to be appropriated to the Commission $6,000,000 for the fiscal year ending June 30, 1976, $1,500,000 for the period beginning July 1, 1976, and ending September 30, 1976, $6,000,000 for the fiscal year ending September 30, 1977, $7,811,500 for the fiscal year ending September 30, 1978, and $9,400,000 (of which not more than $400,000 are authorized to be appropriated for the national clearinghouse function described in section 438(a)(10) of this title) for the fiscal year ending September 30, 1981. -SOURCE- (Pub. L. 92-225, title III, Sec. 314, formerly Sec. 320, as added Pub. L. 93-443, title II, Sec. 210, Oct. 15, 1974, 88 Stat. 1289; renumbered Sec. 319 and amended Pub. L. 94-283, title I, Sec. 105, 113, May 11, 1976, 90 Stat. 481, 495; Pub. L. 95-127, Oct. 12, 1977, 91 Stat. 1110; renumbered Sec. 314, Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354; Pub. L. 96-253, May 29, 1980, 94 Stat. 398; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title. -MISC2- AMENDMENTS 1986 - 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. 1980 - Pub. L. 96-253 inserted provisions authorizing appropriations of $9,400,000 for fiscal year ending Sept. 30, 1981. 1977 - Pub. L. 95-127 inserted provisions authorizing appropriations of $7,811,500 for fiscal year ending Sept. 30, 1978. 1976 - Pub. L. 94-283, Sec. 113, inserted provisions authorizing appropriations through fiscal year ending Sept. 30, 1977. EFFECTIVE DATE Section 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 431 of this title. ------DocID 7629 Document 722 of 1400------ -CITE- 2 USC Sec. 440 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 440. Repealed. Pub. L. 93-443, title I, Sec. 101(f)(4), Oct. 15, 1974, 88 Stat. 1268 -MISC1- Section, Pub. L. 92-225, title III, Sec. 310, Feb. 7, 1972, 86 Stat. 19, related to prohibition of contributions in the name of another. See section 441f of this title. 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 431 of this title. ------DocID 7630 Document 723 of 1400------ -CITE- 2 USC Sec. 441 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 441. Repealed. Pub. L. 94-283, title I, Sec. 112(1), May 11, 1976, 90 Stat. 486 -MISC1- Section, Pub. L. 92-225, title III, Sec. 320, formerly Sec. 311, Feb. 7, 1972, 86 Stat. 19, renumbered Sec. 321, Pub. L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1279, renumbered Sec. 320, Pub. L. 94-283, title I, Sec. 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. See section 441j of this title. SAVINGS PROVISION Section 114 of Pub. L. 94-283 provided that: 'Except as otherwise provided by this Act (see Short Title of 1976 Amendment note set out under section 431 of this title), 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.' ------DocID 7631 Document 724 of 1400------ -CITE- 2 USC Sec. 441a -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 441a. Limitations on contributions and expenditures -STATUTE- (a) Dollar limits on contributions (1) No person shall make contributions - (A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $1,000; (B) to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year which, in the aggregate, exceed $20,000; or (C) to any other political committee in any calendar year which, in the aggregate, exceed $5,000. (2) No multicandidate political committee shall make contributions - (A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $5,000; (B) to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year, which, in the aggregate, exceed $15,000; or (C) to any other political committee in any calendar year which, in the aggregate, exceed $5,000. (3) No individual shall make contributions aggregating more than $25,000 in any calendar year. For purposes of this paragraph, any contribution made to a candidate in a year other than the calendar year in which the election is held with respect to which such contribution is made, is considered to be made during the calendar year in which such election is held. (4) The limitations on contributions contained in paragraphs (1) and (2) do not apply to transfers between and among political committees which are national, State, district, or local committees (including any subordinate committee thereof) of the same political party. For purposes of paragraph (2), the term 'multicandidate political committee' means a political committee which has been registered under section 433 of this title for a period of not less than 6 months, which has received contributions from more than 50 persons, and, except for any State political party organization, has made contributions to 5 or more candidates for Federal office. (5) For purposes of the limitations provided by paragraph (1) and paragraph (2), all contributions made by political committees established or financed or maintained or controlled by any corporation, labor organization, or any other person, including any parent, subsidiary, branch, division, department, or local unit of such corporation, labor organization, or any other person, or by any group of such persons, shall be considered to have been made by a single political committee, except that (A) nothing in this sentence shall limit transfers between political committees of funds raised through joint fund raising efforts; (B) for purposes of the limitations provided by paragraph (1) and paragraph (2) all contributions made by a single political committee established or financed or maintained or controlled by a national committee of a political party and by a single political committee established or financed or maintained or controlled by the State committee of a political party shall not be considered to have been made by a single political committee; and (C) nothing in this section shall limit the transfer of funds between the principal campaign committee of a candidate seeking nomination or election to a Federal office and the principal campaign committee of that candidate for nomination or election to another Federal office if (i) such transfer is not made when the candidate is actively seeking nomination or election to both such offices; (ii) the limitations contained in this Act on contributions by persons are not exceeded by such transfer; and (iii) the candidate has not elected to receive any funds under chapter 95 or chapter 96 of title 26. In any case in which a corporation and any of its subsidiaries, branches, divisions, departments, or local units, or a labor organization and any of its subsidiaries, branches, divisions, departments, or local units establish or finance or maintain or control more than one separate segregated fund, all such separate segregated funds shall be treated as a single separate segregated fund for purposes of the limitations provided by paragraph (1) and paragraph (2). (6) The limitations on contributions to a candidate imposed by paragraphs (1) and (2) of this subsection shall apply separately with respect to each election, except that all elections held in any calendar year for the office of President of the United States (except a general election for such office) shall be considered to be one election. (7) For purposes of this subsection - (A) contributions to a named candidate made to any political committee authorized by such candidate to accept contributions on his behalf shall be considered to be contributions made to such candidate; (B)(i) expenditures made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents, shall be considered to be a contribution to such candidate; (ii) the financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his campaign committees, or their authorized agents shall be considered to be an expenditure for purposes of this paragraph; and (C) contributions made to or for the benefit of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be contributions made to or for the benefit of the candidate of such party for election to the office of President of the United States. (8) For purposes of the limitations imposed by this section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, including contributions which are in any way earmarked or otherwise directed through an intermediary or conduit to such candidate, shall be treated as contributions from such person to such candidate. The intermediary or conduit shall report the original source and the intended recipient of such contribution to the Commission and to the intended recipient. (b) Dollar limits on expenditures by candidates for office of President of United States (1) No candidate for the office of President of the United States who is eligible under section 9003 of title 26 (relating to condition for eligibility for payments) or under section 9033 of title 26 (relating to eligibility for payments) to receive payments from the Secretary of the Treasury may make expenditures in excess of - (A) $10,000,000, in the case of a campaign for nomination for election to such office, except the aggregate of expenditures under this subparagraph in any one State shall not exceed the greater of 16 cents multiplied by the voting age population of the State (as certified under subsection (e) of this section), or $200,000; or (B) $20,000,000 in the case of a campaign for election to such office. (2) For purposes of this subsection - (A) expenditures made by or on behalf of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be expenditures made by or on behalf of the candidate of such party for election to the office of President of the United States; and (B) an expenditure is made on behalf of a candidate, including a vice presidential candidate, if it is made by - (i) an authorized committee or any other agent of the candidate for purposes of making any expenditure; or (ii) any person authorized or requested by the candidate, an authorized committee of the candidate, or an agent of the candidate, to make the expenditure. (c) Increases on limits based on increases in price index (1) At the beginning of each calendar year (commencing in 1976), as there become available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Commission and publish in the Federal Register the percent difference between the price index for the 12 months preceding the beginning of such calendar year and the price index for the base period. Each limitation established by subsection (b) of this section and subsection (d) of this section shall be increased by such percent difference. Each amount so increased shall be the amount in effect for such calendar year. (2) For purposes of paragraph (1) - (A) the term 'price index' means the average over a calendar year of the Consumer Price Index (all items - United States city average) published monthly by the Bureau of Labor Statistics; and (B) the term 'base period' means the calendar year 1974. (d) Expenditures by national committee, State committee, or subordinate committee of State committee in connection with general election campaign of candidates for Federal office (1) Notwithstanding any other provision of law with respect to limitations on expenditures or limitations on contributions, the national committee of a political party and a State committee of a political party, including any subordinate committee of a State committee, may make expenditures in connection with the general election campaign of candidates for Federal office, subject to the limitations contained in paragraphs (2) and (3) of this subsection. (2) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the United States (as certified under subsection (e) of this section). Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States. (3) The national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, may not make any expenditure in connection with the general election campaign of a candidate for Federal office in a State who is affiliated with such party which exceeds - (A) in the case of a candidate for election to the office of Senator, or of Representative from a State which is entitled to only one Representative, the greater of - (i) 2 cents multiplied by the voting age population of the State (as certified under subsection (e) of this section); or (ii) $20,000; and (B) in the case of a candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other State, $10,000. (e) Certification and publication of estimated voting age population During the first week of January 1975, and every subsequent year, the Secretary of Commerce shall certify to the Commission and publish in the Federal Register an estimate of the voting age population of the United States, of each State, and of each congressional district as of the first day of July next preceding the date of certification. The term 'voting age population' means resident population, 18 years of age or older. (f) Prohibited contributions and expenditures No candidate or political committee shall knowingly accept any contribution or make any expenditure in violation of the provisions of this section. No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate, or knowingly make any expenditure on behalf of a candidate, in violation of any limitation imposed on contributions and expenditures under this section. (g) Attribution of multi-State expenditures to candidate's expenditure limitation in each State The Commission shall prescribe rules under which any expenditure by a candidate for presidential nominations for use in 2 or more States shall be attributed to such candidate's expenditure limitation in each such State, based on the voting age population in such State which can reasonably be expected to be influenced by such expenditure. (h) Senatorial candidates Notwithstanding any other provision of this Act, amounts totaling not more than $17,500 may be contributed to a candidate for nomination for election, or for election, to the United States Senate during the year in which an election is held in which he is such a candidate, by the Republican or Democratic Senatorial Campaign Committee, or the national committee of a political party, or any combination of such committees. -SOURCE- (Pub. L. 92-225, title III, Sec. 315, formerly Sec. 320, as added Pub. L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 486; renumbered Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a)(5) and (h), means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title. -COD- CODIFICATION Another section 320 of Pub. L. 92-225, which was classified to section 441 of this title, was repealed by Pub. L. 94-283, title I, Sec. 112(1), May 11, 1976, 90 Stat. 486. -MISC3- AMENDMENTS 1986 - Subsecs. (a)(5), (b)(1). 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 434 of this title; title 26 sections 9004, 9008, 9034, 9035. ------DocID 7632 Document 725 of 1400------ -CITE- 2 USC Sec. 441b -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 441b. Contributions or expenditures by national banks, corporations, or labor organizations -STATUTE- (a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section. (b)(1) For the purposes of this section the term 'labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (2) For purposes of this section and section 79l(h) of title 15, the term 'contribution or expenditure' shall include any direct or indirect payment, distribution, loan, advance, deposit, or gift of money, or any services, or anything of value (except a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business) to any candidate, campaign committee, or political party or organization, in connection with any election to any of the offices referred to in this section, but shall not include (A) communications by a corporation to its stockholders and executive or administrative personnel and their families or by a labor organization to its members and their families on any subject; (B) nonpartisan registration and get-out-the-vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families, or by a labor organization aimed at its members and their families; and (C) the establishment, administration, and solicitation of contributions to a separate segregated fund to be utilized for political purposes by a corporation, labor organization, membership organization, cooperative, or corporation without capital stock. (3) It shall be unlawful - (A) for such a fund to make a contribution or expenditure by utilizing money or anything of value secured by physical force, job discrimination, financial reprisals, or the threat of force, job discrimination, or financial reprisal; or by dues, fees, or other moneys required as a condition of membership in a labor organization or as a condition of employment, or by moneys obtained in any commercial transaction; (B) for any person soliciting an employee for a contribution to such a fund to fail to inform such employee of the political purposes of such fund at the time of such solicitation; and (C) for any person soliciting an employee for a contribution to such a fund to fail to inform such employee, at the time of such solicitation, of his right to refuse to so contribute without any reprisal. (4)(A) Except as provided in subparagraphs (B), (C), and (D), it shall be unlawful - (i) for a corporation, or a separate segregated fund established by a corporation, to solicit contributions to such a fund from any person other than its stockholders and their families and its executive or administrative personnel and their families, and (ii) for a labor organization, or a separate segregated fund established by a labor organization, to solicit contributions to such a fund from any person other than its members and their families. (B) It shall not be unlawful under this section for a corporation, a labor organization, or a separate segregated fund established by such corporation or such labor organization, to make 2 written solicitations for contributions during the calendar year from any stockholder, executive or administrative personnel, or employee of a corporation or the families of such persons. A solicitation under this subparagraph may be made only by mail addressed to stockholders, executive or administrative personnel, or employees at their residence and shall be so designed that the corporation, labor organization, or separate segregated fund conducting such solicitation cannot determine who makes a contribution of $50 or less as a result of such solicitation and who does not make such a contribution. (C) This paragraph shall not prevent a membership organization, cooperative, or corporation without capital stock, or a separate segregated fund established by a membership organization, cooperative, or corporation without capital stock, from soliciting contributions to such a fund from members of such organization, cooperative, or corporation without capital stock. (D) This paragraph shall not prevent a trade association or a separate segregated fund established by a trade association from soliciting contributions from the stockholders and executive or administrative personnel of the member corporations of such trade association and the families of such stockholders or personnel to the extent that such solicitation of such stockholders and personnel, and their families, has been separately and specifically approved by the member corporation involved, and such member corporation does not approve any such solicitation by more than one such trade association in any calendar year. (5) Notwithstanding any other law, any method of soliciting voluntary contributions or of facilitating the making of voluntary contributions to a separate segregated fund established by a corporation, permitted by law to corporations with regard to stockholders and executive or administrative personnel, shall also be permitted to labor organizations with regard to their members. (6) Any corporation, including its subsidiaries, branches, divisions, and affiliates, that utilizes a method of soliciting voluntary contributions or facilitating the making of voluntary contributions, shall make available such method, on written request and at a cost sufficient only to reimburse the corporation for the expenses incurred thereby, to a labor organization representing any members working for such corporation, its subsidiaries, branches, divisions, and affiliates. (7) For purposes of this section, the term 'executive or administrative personnel' means individuals employed by a corporation who are paid on a salary, rather than hourly, basis and who have policymaking, managerial, professional, or supervisory responsibilities. -SOURCE- (Pub. L. 92-225, title III, Sec. 316, formerly Sec. 321, as added Pub. L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 490; renumbered and amended Pub. L. 96-187, title I, Sec. 105(5), 112(d), Jan. 8, 1980, 93 Stat. 1354, 1366.) -MISC1- AMENDMENTS 1980 - Subsec. (b)(4)(B). Pub. L. 96-187, Sec. 112(d), substituted 'It' for 'it'. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 31-2, 432, 433, 437g, 441c of this title. ------DocID 7633 Document 726 of 1400------ -CITE- 2 USC Sec. 441c -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 441c. Contributions by government contractors -STATUTE- (a) Prohibition It shall be unlawful for any person - (1) who enters into any contract with the United States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equipment to the United States or any department or agency thereof or for selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the Congress, at any time between the commencement of negotiations for and the later of (A) the completion of performance under; or (B) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use; or (2) knowingly to solicit any such contribution from any such person for any such purpose during any such period. (b) Separate segregated funds This section does not prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, any separate segregated fund by any corporation, labor organization, membership organization, cooperative, or corporation without capital stock for the purpose of influencing the nomination for election, or election, of any person to Federal office, unless the provisions of section 441b of this title prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, such fund. Each specific prohibition, allowance, and duty applicable to a corporation, labor organization, or separate segregated fund under section 441b of this title applies to a corporation, labor organization, or separate segregated fund to which this subsection applies. (c) 'Labor organization' defined For purposes of this section, the term 'labor organization' has the meaning given it by section 441b(b)(1) of this title. -SOURCE- (Pub. L. 92-225, title III, Sec. 317, formerly Sec. 322, as added Pub. L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 492; renumbered Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354.) -REFTEXT- REFERENCES IN TEXT Section 441b of this title, referred to in subsecs. (b) and (c), was in the original 'section 321' meaning section 321 of Pub. L. 92-225 which is classified to section 441g of this title. In view of the renumbering of section 321 as section 316 by section 105(5) of Pub. L. 96-187, the reference has been translated as reading 'section 316' to reflect the probable intent of Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 437g of this title. ------DocID 7634 Document 727 of 1400------ -CITE- 2 USC Sec. 441d -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 441d. Publication and distribution of statements and solicitations; charge for newspaper or magazine space -STATUTE- (a) Whenever any person makes an expenditure for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate, or solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general public political advertising, such communication - (1) if paid for and authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state that the communication has been paid for by such authorized political committee, or (FOOTNOTE 1) (FOOTNOTE 1) So in original. The word 'or' probably should appear at the end of par. (2). (2) if paid for by other persons but authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state that the communication is paid for by such other persons and authorized by such authorized political committee; (FOOTNOTE 1) (3) if not authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state the name of the person who paid for the communication and state that the communication is not authorized by any candidate or candidate's committee. (b) No person who sells space in a newspaper or magazine to a candidate or to the agent of a candidate, for use in connection with such candidate's campaign, may charge any amount for such space which exceeds the amount charged for comparable use of such space for other purposes. -SOURCE- (Pub. L. 92-225, title III, Sec. 318, formerly Sec. 323, as added Pub. L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 493; renumbered and amended Pub. L. 96-187, title I, Sec. 105(5), 111, Jan. 8, 1980, 93 Stat. 1354, 1365.) -MISC1- AMENDMENTS 1980 - Subsec. (a). Pub. L. 96-187, Sec. 111, designated existing provisions as subsec. (a), and in revising text, provided for solicitation of contributions; prescribed three categories of communications: (1) paid for and authorized by the candidate, (2) paid for by others but authorized by the candidate, and (3) not authorized by the candidate for prior two categories where (1) authorized and (2) not authorized by the candidate; struck out requirement for statement in accordance with regulations of Commission and in a conspicuous manner; and struck out from the communication not authorized by the candidate statement of name of affiliated or connected organization required to be disclosed under section 433 (b)(2) of this title. Subsec. (b). Pub. L. 96-187, Sec. 111, added subsec. (b). EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of this title. ------DocID 7635 Document 728 of 1400------ -CITE- 2 USC Sec. 441e -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 441e. Contributions by foreign nationals -STATUTE- (a) It shall be unlawful for a foreign national directly or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national. (b) As used in this section, the term 'foreign national' means - (1) a foreign principal, as such term is defined by section 611(b) of title 22, except that the term 'foreign national' shall not include any individual who is a citizen of the United States; or (2) an individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8. -SOURCE- (Pub. L. 92-225, title III, Sec. 319, formerly Sec. 324, as added Pub. L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 493; renumbered Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354.) ------DocID 7636 Document 729 of 1400------ -CITE- 2 USC Sec. 441f -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 441f. Contributions in name of another prohibited -STATUTE- No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution, and no person shall knowingly accept a contribution made by one person in the name of another person. -SOURCE- (Pub. L. 92-225, title III, Sec. 320, formerly Sec. 325, as added Pub. L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 494; renumbered Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 437g of this title. ------DocID 7637 Document 730 of 1400------ -CITE- 2 USC Sec. 441g -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 441g. Limitation on contribution of currency -STATUTE- No person shall make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Federal office. -SOURCE- (Pub. L. 92-225, title III, Sec. 321, formerly Sec. 326, as added Pub. L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 494; renumbered Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 437g of this title. ------DocID 7638 Document 731 of 1400------ -CITE- 2 USC Sec. 441h -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 441h. Fraudulent misrepresentation of campaign authority -STATUTE- No person who is a candidate for Federal office or an employee or agent of such a candidate shall - (1) fraudulently misrepresent himself or any committee or organization under his control as speaking or writing or otherwise acting for or on behalf of any other candidate or political party or employee or agent thereof on a matter which is damaging to such other candidate or political party or employee or agent thereof; or (2) willfully and knowingly participate in or conspire to participate in any plan, scheme, or design to violate paragraph (1). -SOURCE- (Pub. L. 92-225, title III, Sec. 322, formerly Sec. 327, as added Pub. L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 494; renumbered Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 437g of this title. ------DocID 7639 Document 732 of 1400------ -CITE- 2 USC Sec. 441i -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 441i. Acceptance of excessive honorariums -STATUTE- (a) Prohibited practices No person while a Senator or officer or employee of the Senate shall shall (FOOTNOTE 1) accept any honorarium of more than $2,000 (excluding amounts accepted for actual travel and subsistence expenses for such person and his spouse or child or an aide to such person, and excluding amounts paid or incurred for any agents' fees or commissions) for any appearance, speech, or article. (FOOTNOTE 1) So in original. (b) Payment of honorarium to charitable organization Any honorarium, or any part thereof, paid by or on behalf of a Senator or any officer or employee of the Senate to a charitable organization shall be deemed not to be accepted for the purposes of this section. (c) Aggregate amount received during any calendar year For purposes of determining the aggregate amount of honorariums received by a person during any calendar year, amounts returned to the person paying an honorarium before the close of the calendar year in which it was received shall be disregarded. (d) Time of acceptance of honorarium For purposes of paragraph (2) of subsection (a) of this section, an honorarium shall be treated as accepted only in the year in which that honorarium is received. -SOURCE- (Pub. L. 92-225, title III, Sec. 323, formerly Sec. 328, as added Pub. L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 494; amended Pub. L. 95-216, title V, Sec. 502(a), Dec. 20, 1977, 91 Stat. 1565; renumbered Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354; and amended Pub. L. 97-51, Sec. 130(a), Oct. 1, 1981, 95 Stat. 966; Pub. L. 98-63, title I, Sec. 908(g), July 30, 1983, 97 Stat. 338; Pub. L. 101-194, title VI, Sec. 601(b)(1), Nov. 30, 1989, 103 Stat. 1762; Pub. L. 101-280, Sec. 7(b)(1) ((d)(1)), May 4, 1990, 104 Stat. 161.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-280 inserted 'or child' after 'spouse'. 1989 - Subsec. (a). Pub. L. 101-194, Sec. 601(b)(1)(A), which directed amendment of subsec. (a) by substituting 'No person while a Senator or officer or employee of the Senate shall' for 'No person while an elected or appointed officer or employee of the Federal Government shall accept', was executed by making the substitution for 'No person while an elected or appointed officer or employee of any branch of the Federal Government shall accept', as the probable intent of Congress. Subsec. (b). Pub. L. 101-194, Sec. 601(b)(1)(B), substituted 'a Senator or any officer or employee of the Senate' for 'an elected or appointed officer or employee of any branch of the Federal Government'. 1983 - Subsec. (b). Pub. L. 98-63 substituted: 'Any honorarium, or any part thereof, paid by or on behalf of an elected or appointed officer or employee of any branch of the Federal Government to a charitable organization shall be deemed not to be accepted for the purposes of this section' for 'If an honorarium payable to a person is paid instead at his request to a charitable organization selected by payor from a list of 5 or more charitable organizations provided by that person, that person shall not be treated, for purposes of subsection (a) of this section, as accepting that honorarium. For purposes of this subsection, the term 'charitable organization' means an organization described in section 170(c) of title 26'. 1981 - Subsec. (a). Pub. L. 97-51 struck out provisions that had placed a $25,000 limit on honorariums received in any calendar year. 1977 - Pub. L. 95-216 designated existing provisions as subsec. (a) and added subsecs. (b), (c), and (d). EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-194 effective Jan. 1, 1991, but shall cease to be effective if the provisions of section 703 of Pub. L. 101-194 (5 U.S.C. 5318 note) are subsequently repealed, in which case the laws in effect before such amendment shall be deemed to be reenacted, see section 603 of Pub. L. 101-194, set out as a note under section 31-1 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Section 502(b) of Pub. L. 95-216 provided that: 'The amendments made by subsection (a) (amending this section) shall apply with respect to any honorarium received after December 31, 1976.' ------DocID 7640 Document 733 of 1400------ -CITE- 2 USC Sec. 441j -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 441j. Repealed. Pub. L. 96-187, title I, Sec. 105(1), Jan. 8, 1980, 93 Stat. 1354 -MISC1- Section, Pub. L. 92-225, title III, Sec. 329, as added Pub. L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 494, set forth provisions respecting penalties for violations of the Federal Election Campaign Act of 1971. 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 431 of this title. ------DocID 7641 Document 734 of 1400------ -CITE- 2 USC Sec. 442 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER I -HEAD- Sec. 442. Authority to procure technical support and other services and incur travel expenses; payment of such expenses -STATUTE- For the purpose of carrying out his duties under the Federal Election Campaign Act of 1971, the Secretary of the Senate is authorized, from and after July 1, 1972, (1) to procure technical support services, (2) to procure the temporary or intermittent services of individual technicians, experts, or consultants, or organizations thereof, in the same manner and under the same conditions, to the extent applicable, as a standing committee of the Senate may procure such services under section 72a(i) of this title, (3) with the prior consent of the Government department or agency concerned and the Committee on Rules and Administration, to use on a reimbursable basis the services of personnel of any such department or agency, and (4) to incur official travel expenses. Payments to carry out the provisions of this paragraph shall be made from funds included in the appropriation 'Miscellaneous Items' under the heading 'Contingent Expenses of the Senate' upon vouchers approved by the Secretary of the Senate. All sums received by the Secretary under authority of the Federal Election Campaign Act of 1971 shall be covered into the Treasury as miscellaneous receipts. -SOURCE- (Pub. L. 92-342, Sec. 101, July 10, 1972, 86 Stat. 435.) -REFTEXT- REFERENCES IN TEXT The Federal Election Campaign Act of 1971, referred to in text, is Pub. L. 92-225, Feb. 7, 1972, 86 Stat. 3, as amended, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 431 of this title and Tables. -COD- CODIFICATION Section was enacted as part of Legislative Branch Appropriation Act, 1973 and not as a part of Federal Election Campaign Act of 1971 which comprises this chapter. ------DocID 7642 Document 735 of 1400------ -CITE- 2 USC SUBCHAPTER II -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER II -HEAD- SUBCHAPTER II - GENERAL PROVISIONS ------DocID 7643 Document 736 of 1400------ -CITE- 2 USC Sec. 451 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER II -HEAD- Sec. 451. Extension of credit by regulated industries; regulations -STATUTE- The Secretary of Transportation, the Federal Communications Commission, and the Interstate Commerce Commission shall each promulgate, within ninety days after February 7, 1972, its own regulations with respect to the extension of credit, without security, by any person regulated by such Secretary or Commission to any candidate for Federal office, or to any person on behalf of such a candidate, for goods furnished or services rendered in connection with the campaign of such candidate for nomination for election, or election, to such office. -SOURCE- (Pub. L. 92-225, title IV, Sec. 401, Feb. 7, 1972, 86 Stat. 19; Pub. L. 93-443, title II, Sec. 201(b)(1), Oct. 15, 1974, 88 Stat. 1275; Pub. L. 98-443, Sec. 4(a)(7), 12(f), Oct. 4, 1984, 98 Stat. 1704, 1710.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-443 struck out '(as such term is defined in section 431(c) of this title)' after 'Federal office'. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93-443, set out as a note under section 431 of this title. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Transportation' and 'Secretary' substituted for 'Civil Aeronautics Board' and 'Board', respectively, pursuant to sections 4(a)(7) and 12(f) of Pub. L. 98-443, which are classified to sections 1553(a)(7) and 1556(f) of Title 49, Appendix, Transportation, and which transferred functions, powers, and duties of Civil Aeronautics Board under this section to Secretary of Transportation, effective Jan. 1, 1985. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 App. section 1553. ------DocID 7644 Document 737 of 1400------ -CITE- 2 USC Sec. 452 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER II -HEAD- Sec. 452. Prohibition against use of certain Federal funds for election activities -STATUTE- No part of any funds appropriated to carry out the Economic Opportunity Act of 1964 (42 U.S.C. 2701 et seq.) shall be used to finance, directly or indirectly, any activity designed to influence the outcome of any election to Federal office, or any voter registration activity, or to pay the salary of any officer or employee of the Office of Economic Opportunity who, in his official capacity as such an officer or employee, engages in any such activity. -SOURCE- (Pub. L. 92-225, title IV, Sec. 402, Feb. 7, 1972, 86 Stat. 19; Pub. L. 93-443, title II, Sec. 201(b)(2), Oct. 15, 1974, 88 Stat. 1275.) -REFTEXT- REFERENCES IN TEXT The Economic Opportunity Act of 1964, referred to in text, is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended, which was classified generally to chapter 34 (Sec. 2701 et seq.) of Title 42, The Public Health and Welfare, prior to repeal, except for titles VIII and X, by Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. Titles VIII and X of the Act are classified generally to subchapters VIII (Sec. 2991 et seq.) and X (Sec. 2996 et seq.) of chapter 34 of Title 42. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1974 - Pub. L. 93-443 struck out reference to section 431(a) and (c) of this title for definition of 'election' and 'Federal office'. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93-443, set out as a note under section 431 of this title. OFFICE OF ECONOMIC OPPORTUNITY Pub. L. 93-644, Sec. 9(a), Jan. 4, 1975, 88 Stat. 2310 (42 U.S.C. 2941), amended the Economic Opportunity Act of 1964 (42 U.S.C. 2701 et seq.) to create the Community Services Administration, an independent agency in the executive branch, as the successor authority to the Office of Economic Opportunity, and provided that references to the Office of Economic Opportunity or to its Director were deemed to refer to the Community Services Administration or to its Director. The Community Services Administration was terminated when the Economic Opportunity Act of 1964, except for titles VIII and X, was repealed, effective Oct. 1, 1981, by section 683(a) of Pub. L. 97-35, title VI, Aug. 13, 1981, 95 Stat. 519, which is classified to 42 U.S.C. 9912(a). An Office of Community Services, headed by a Director, was established in the Department of Health and Human Services by section 676 of Pub. L. 97-35, which is classified to 42 U.S.C. 9905. ------DocID 7645 Document 738 of 1400------ -CITE- 2 USC Sec. 453 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER II -HEAD- Sec. 453. State laws affected -STATUTE- The provisions of this Act, and of rules prescribed under this Act, supersede and preempt any provision of State law with respect to election to Federal office. -SOURCE- (Pub. L. 92-225, title IV, Sec. 403, Feb. 7, 1972, 86 Stat. 20; Pub. L. 93-443, title III, Sec. 301, Oct. 15, 1974, 88 Stat. 1289.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title. -MISC2- AMENDMENTS 1974 - Pub. L. 93-443 substituted provision for Pub. L. 92-225 and rules thereunder to supersede and preempt any provision of State law with respect to election to Federal office for prior provisions which in former subsec. (a) stated that nothing in Pub. L. 92-225 shall be deemed to invalidate or make inapplicable any provision of State law, except where compliance with such provision would result in a violation of Pub. L. 92-225 and in former subsec. (b) stated that no provision of State law shall be construed to prohibit any person from taking any action authorized by Pub. L. 92-225 or from making any expenditure which he could lawfully make under Pub. L. 92-225. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-443 effective Oct. 15, 1974, see section 410(b) of Pub. L. 93-443, set out as a note under section 431 of this title. ------DocID 7646 Document 739 of 1400------ -CITE- 2 USC Sec. 454 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER II -HEAD- Sec. 454. Partial invalidity -STATUTE- If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby. -SOURCE- (Pub. L. 92-225, title IV, Sec. 404, Feb. 7, 1972, 86 Stat. 20.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means the Federal Election Campaign Act of 1971, as amended, as defined by, section 431 of this title. ------DocID 7647 Document 740 of 1400------ -CITE- 2 USC Sec. 455 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER II -HEAD- Sec. 455. Period of limitations -STATUTE- (a) No person shall be prosecuted, tried, or punished for any violation of subchapter I of this chapter, unless the indictment is found or the information is instituted within 3 years after the date of the violation. (b) Notwithstanding any other provision of law - (1) the period of limitations referred to in subsection (a) of this section shall apply with respect to violations referred to in such subsection committed before, on, or after the effective date of this section; and (2) no criminal proceeding shall be instituted against any person for any act or omission which was a violation of any provision of subchapter I of this chapter, as in effect on December 31, 1974, if such act or omission does not constitute a violation of any such provision, as amended by the Federal Election Campaign Act Amendments of 1974. Nothing in this subsection shall affect any proceeding pending in any court of the United States on January 1, 1975. -SOURCE- (Pub. L. 92-225, title IV, Sec. 406 as added Pub. L. 93-443, title III, Sec. 302, Oct. 15, 1974, 88 Stat. 1289, and amended Pub. L. 94-283, title I, Sec. 115(f), May 11, 1976, 90 Stat. 496.) -REFTEXT- REFERENCES IN TEXT The Federal Election Campaign Act Amendments of 1974, referred to in subsec. (b)(2), is Pub. L. 93-433, Oct. 15, 1974, 88 Stat. 1263, as amended. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section 431 of this title and Tables. -MISC2- AMENDMENTS 1976 - Subsec. (a). Pub. L. 94-283, Sec. 115(f)(1), struck out references to sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18. Subsec. (b)(2). Pub. L. 94-283, Sec. 115(f)(2), struck out references to sections 608, 610, 611, and 613 of title 18. EFFECTIVE DATE Section 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 431 of this title. ------DocID 7648 Document 741 of 1400------ -CITE- 2 USC Sec. 456 -EXPCITE- TITLE 2 CHAPTER 14 SUBCHAPTER II -HEAD- Sec. 456. Repealed. Pub. L. 94-283, title I, Sec. 111, May 11, 1976, 90 Stat. 486 -MISC1- Section, Pub. L. 92-225, title IV, Sec. 407, as added Pub. L. 93-443, title III, Sec. 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. 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. ------DocID 7649 Document 742 of 1400------ -CITE- 2 USC CHAPTER 15 -EXPCITE- TITLE 2 CHAPTER 15 -HEAD- CHAPTER 15 - OFFICE OF TECHNOLOGY ASSESSMENT -MISC1- Sec. 471. Congressional findings and declaration of purpose. 472. Office of Technology Assessment. (a) Creation. (b) Composition. (c) Functions and duties. (d) Initiation of assessment activities. (e) Availability of information. 473. Technology Assessment Board. (a) Membership. (b) Execution of functions during vacancies; filling of vacancies. (c) Chairman and vice chairman; selection procedure. (d) Meetings; powers of Board. 474. Director of Office of Technology Assessment. (a) Appointment; term; compensation. (b) Powers and duties. (c) Deputy Director; appointment; functions; compensation. (d) Restrictions on outside employment activities of Director and Deputy Director. 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. (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. (c) Operation of 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. (e) Requests to heads of executive departments or agencies for detail of personnel; reimbursement. (f) Appointment and compensation of personnel. 476. Technology Assessment Advisory Council. (a) Establishment; composition. (b) Duties. (c) Chairman and Vice Chairman; election by Council from members appointed from public; terms and conditions of service. (d) Terms of office of members appointed from public; reappointment. (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. 477. Utilization of services of Library of Congress. (a) Authority of Librarian to make available services and assistance of Congressional Research Service. (b) Scope of services and assistance. (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. (d) Reimbursement for services and assistance. 478. Utilization of services of General Accounting Office. (a) Authority of General Accounting Office to furnish financial and administrative services. (b) Scope of services and assistance. (c) Services or responsibilities performed by General Accounting Office for Congress not altered or modified. (d) Reimbursement for services and assistance. 479. Coordination of activities with National Science Foundation. 480. Annual report to Congress. 481. Authorization of appropriations; availability of appropriations. ------DocID 7650 Document 743 of 1400------ -CITE- 2 USC Sec. 471 -EXPCITE- TITLE 2 CHAPTER 15 -HEAD- Sec. 471. Congressional findings and declaration of purpose -STATUTE- 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. -SOURCE- (Pub. L. 92-484, Sec. 2, Oct. 13, 1972, 86 Stat. 797.) -MISC1- SHORT TITLE Section 1 of Pub. L. 92-484 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'.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 472 of this title. ------DocID 7651 Document 744 of 1400------ -CITE- 2 USC Sec. 472 -EXPCITE- TITLE 2 CHAPTER 15 -HEAD- Sec. 472. Office of Technology Assessment -STATUTE- (a) Creation In accordance with the findings and declaration of purpose in section 471 of this title, there is hereby created the Office of Technology Assessment (hereinafter referred to as the 'Office') which shall be within and responsible to the legislative branch of the Government. (b) Composition The Office shall consist of a Technology Assessment Board (hereinafter referred to as the 'Board') which shall formulate and promulgate the policies of the Office, and a Director who shall carry out such policies and administer the operations of the Office. (c) Functions and duties The basic function of the Office shall be to provide early indications of the probable beneficial and adverse impacts of the applications of technology and to develop other coordinate information which may assist the Congress. In carrying out such function, the Office shall: (1) identify existing or probable impacts of technology or technological programs; (2) where possible, ascertain cause-and-effect relationships; (3) identify alternative technological methods of implementing specific programs; (4) identify alternative programs for achieving requisite goals; (5) make estimates and comparisons of the impacts of alternative methods and programs; (6) present findings of completed analyses to the appropriate legislative authorities; (7) identify areas where additional research or data collection is required to provide adequate support for the assessments and estimates described in paragraph (1) through (5) of this subsection; and (8) undertake such additional associated activities as the appropriate authorities specified under subsection (d) of this section may direct. (d) Initiation of assessment activities Assessment activities undertaken by the Office may be initiated upon the request of: (1) the chairman of any standing, special, or select committee of either House of the Congress, or of any joint committee of the Congress, acting for himself or at the request of the ranking minority member or a majority of the committee members; (2) the Board; or (3) the Director, in consultation with the Board. (e) Availability of information Assessments made by the Office, including information, surveys, studies, reports, and findings related thereto, shall be made available to the initiating committee or other appropriate committees of the Congress. In addition, any such information, surveys, studies, reports, and findings produced by the Office may be made available to the public except where - (1) to do so would violate security statutes; or (2) the Board considers it necessary or advisable to withhold such information in accordance with one or more of the numbered paragraphs in section 552(b) of title 5. -SOURCE- (Pub. L. 92-484, Sec. 3, Oct. 13, 1972, 86 Stat. 797.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 476 of this title; title 20 section 2423. ------DocID 7652 Document 745 of 1400------ -CITE- 2 USC Sec. 473 -EXPCITE- TITLE 2 CHAPTER 15 -HEAD- Sec. 473. Technology Assessment Board -STATUTE- (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. -SOURCE- (Pub. L. 92-484, Sec. 4, Oct. 13, 1972, 86 Stat. 798.) ------DocID 7653 Document 746 of 1400------ -CITE- 2 USC Sec. 474 -EXPCITE- TITLE 2 CHAPTER 15 -HEAD- Sec. 474. Director of Office of Technology Assessment -STATUTE- (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. -SOURCE- (Pub. L. 92-484, Sec. 5, Oct. 13, 1972, 86 Stat. 799.) ------DocID 7654 Document 747 of 1400------ -CITE- 2 USC Sec. 475 -EXPCITE- TITLE 2 CHAPTER 15 -HEAD- Sec. 475. Powers of Office of Technology Assessment -STATUTE- (a) Use of public and private personnel and organizations; formation of special ad hoc task forces; contracts with governmental, etc., agencies and instrumentalities; advance, progress, and other payments; utilization of services of voluntary and uncompensated personnel; acquisition, holding, and disposal of real and personal property; promulgation of rules and regulations The Office shall have the authority, within the limits of available appropriations, to do all things necessary to carry out the provisions of this chapter, including, but without being limited to, the authority to - (1) make full use of competent personnel and organizations outside the Office, public or private, and form special ad hoc task forces or make other arrangements when appropriate; (2) enter into contracts or other arrangements as may be necessary for the conduct of the work of the Office with any agency or instrumentality of the United States, with any State, territory, or possession or any political subdivision thereof, or with any person, firm, association, corporation, or educational institution, with or without reimbursement, without performance or other bonds, and without regard to section 5 of title 41; (3) make advance, progress, and other payments which relate to technology assessment without regard to the provisions of section 3324(a) and (b) of title 31; (4) accept and utilize the services of voluntary and uncompensated personnel necessary for the conduct of the work of the Office and provide transportation and subsistence as authorized by section 5703 of title 5, for persons serving without compensation; (5) acquire by purchase, lease, loan, or gift, and hold and dispose of by sale, lease, or loan, real and personal property of all kinds necessary for or resulting from the exercise of authority granted by this chapter; and (6) prescribe such rules and regulations as it deems necessary governing the operation and organization of the Office. (b) Recordkeeping by contractors and other parties entering into contracts and other arrangements with Office; availability of books and records to Office and Comptroller General for audit and examination Contractors and other parties entering into contracts and other arrangements under this section which involve costs to the Government shall maintain such books and related records as will facilitate an effective audit in such detail and in such manner as shall be prescribed by the Office, and such books and records (and related documents and papers) shall be available to the Office and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination. (c) Operation of laboratories, pilot plants, or test facilities The Office, in carrying out the provisions of this chapter, shall not, itself, operate any laboratories, pilot plants, or test facilities. (d) Requests to executive departments or agencies for information, suggestions, estimates, statistics, and technical assistance; duty of executive departments and agencies to furnish information, etc. The Office is authorized to secure directly from any executive department or agency information, suggestions, estimates, statistics, and technical assistance for the purpose of carrying out its functions under this chapter. Each such executive department or agency shall furnish the information, suggestions, estimates, statistics, and technical assistance directly to the Office upon its request. (e) Requests to heads of executive departments or agencies for detail of personnel; reimbursement On request of the Office, the head of any executive department or agency may detail, with or without reimbursement, any of its personnel to assist the Office in carrying out its functions under this chapter. (f) Appointment and compensation of personnel The Director shall, in accordance with such policies as the Board shall prescribe, appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this chapter. -SOURCE- (Pub. L. 92-484, Sec. 6, Oct. 13, 1972, 86 Stat. 799.) -COD- CODIFICATION 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, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. ------DocID 7655 Document 748 of 1400------ -CITE- 2 USC Sec. 476 -EXPCITE- TITLE 2 CHAPTER 15 -HEAD- Sec. 476. Technology Assessment Advisory Council -STATUTE- (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) of this section shall be four years except that any such member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. No person shall be appointed a member of the Council under subsection (a)(1) of this section more than twice. Terms of the members appointed under subsection (a)(1) of this section shall be staggered so as to establish a rotating membership according to such method as the Board may devise. (e) Payment to Comptroller General and Director of Congressional Research Service of travel and other necessary expenses; payment to members appointed from public of compensation and reimbursement for travel, subsistence, and other necessary expenses (1) The members of the Council other than those appointed under subsection (a)(1) of this section shall receive no pay for their services as members of the Council, but shall be allowed necessary travel expenses (or, in the alternative, mileage for use of privately owned vehicles and payments when traveling on official business at not to exceed the payment prescribed in regulations implementing section 5702 and in (FOOTNOTE 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. (FOOTNOTE 1) So in original. Probably should be followed by 'section'. (2) The members of the Council appointed under subsection (a)(1) of this section shall receive compensation for each day engaged in the actual performance of duties vested in the Council at rates of pay not in excess of the daily equivalent of the highest rate of basic pay set forth in the General Schedule of section 5332(a) of title 5, and in addition shall be reimbursed for travel, subsistence, and other necessary expenses in the manner provided for other members of the Council under paragraph (1) of this subsection. -SOURCE- (Pub. L. 92-484, Sec. 7, Oct. 13, 1972, 86 Stat. 800; Pub. L. 99-234, title I, Sec. 107(a), Jan. 2, 1986, 99 Stat. 1759.) -MISC1- 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'. 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 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to 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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 7656 Document 749 of 1400------ -CITE- 2 USC Sec. 477 -EXPCITE- TITLE 2 CHAPTER 15 -HEAD- Sec. 477. Utilization of services of Library of Congress -STATUTE- (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. -SOURCE- (Pub. L. 92-484, Sec. 8, Oct. 13, 1972, 86 Stat. 801.) ------DocID 7657 Document 750 of 1400------ -CITE- 2 USC Sec. 478 -EXPCITE- TITLE 2 CHAPTER 15 -HEAD- Sec. 478. Utilization of services of General Accounting Office -STATUTE- (a) Authority of General Accounting 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 General Accounting 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 General Accounting Office is otherwise authorized to provide to the Congress. (c) Services or responsibilities performed by General Accounting 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 General Accounting 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 General Accounting 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. -SOURCE- (Pub. L. 92-484, Sec. 9, Oct. 13, 1972, 86 Stat. 802.) ------DocID 7658 Document 751 of 1400------ -CITE- 2 USC Sec. 479 -EXPCITE- TITLE 2 CHAPTER 15 -HEAD- Sec. 479. Coordination of activities with National Science Foundation -STATUTE- 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. -SOURCE- (Pub. L. 92-484, Sec. 10(a), Oct. 13, 1972, 86 Stat. 802.) ------DocID 7659 Document 752 of 1400------ -CITE- 2 USC Sec. 480 -EXPCITE- TITLE 2 CHAPTER 15 -HEAD- Sec. 480. Annual report to Congress -STATUTE- The Office shall submit to the Congress an annual report which shall include, but not be limited to, an evaluation of technology assessment technique and identification, insofar as may be feasible, of technological areas and programs requiring future analysis. Such report shall be submitted not later than March 15 of each year. -SOURCE- (Pub. L. 92-484, Sec. 11, Oct. 13, 1972, 86 Stat. 802.) ------DocID 7660 Document 753 of 1400------ -CITE- 2 USC Sec. 481 -EXPCITE- TITLE 2 CHAPTER 15 -HEAD- Sec. 481. Authorization of appropriations; availability of appropriations -STATUTE- (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) of this section 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. -SOURCE- (Pub. L. 92-484, Sec. 12, Oct. 13, 1972, 86 Stat. 803.) ------DocID 7661 Document 754 of 1400------ -CITE- 2 USC CHAPTER 16 -EXPCITE- TITLE 2 CHAPTER 16 -HEAD- CHAPTER 16 - CONGRESSIONAL MAILING STANDARDS -MISC1- Sec. 501. House Commission on Congressional Mailing Standards. (a) Establishment; designation. (b) Membership; political party representation; Chairman; vacancies; quorum. (c) Assistance and use of personnel, including chief counsel, of Committee on Post Office and Civil Service of the House. (d) Advisory opinions or consultations respecting franked mail for persons entitled to franking privilege; franking privilege regulations. (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. (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. (g) Property of Commission; records; voting record; location of records, data, and files. 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. (b) Complaint of franked mail violations; investigation; notice and hearing; decision of select committee; enforcement. (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. (d) Administrative procedure regulations. (e) Property of Senate; records of select committee; voting record; location of records, data, and files. ------DocID 7662 Document 755 of 1400------ -CITE- 2 USC Sec. 501 -EXPCITE- TITLE 2 CHAPTER 16 -HEAD- Sec. 501. House Commission on Congressional Mailing Standards -STATUTE- (a) Establishment; designation There is established a special commission of the House of Representatives, designated the 'House Commission on Congressional Mailing Standards' (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 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. (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 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, 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 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, 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. -SOURCE- (Pub. L. 93-191, Sec. 5, Dec. 18, 1973, 87 Stat. 742; Pub. L. 93-255, Sec. 3(a), Mar. 27, 1974, 88 Stat. 52; Pub. L. 97-69, Sec. 7, Oct. 26, 1981, 95 Stat. 1043.) -MISC1- AMENDMENTS 1981 - Subsec. (d). Pub. L. 97-69, Sec. 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, Sec. 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. 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. ------DocID 7663 Document 756 of 1400------ -CITE- 2 USC Sec. 502 -EXPCITE- TITLE 2 CHAPTER 16 -HEAD- Sec. 502. Select Committee on Standards and Conduct of the Senate -STATUTE- (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. -SOURCE- (Pub. L. 93-191, Sec. 6, Dec. 18, 1973, 87 Stat. 744; Pub. L. 93-255, Sec. 3(b), Mar. 27, 1974, 88 Stat. 52.) -MISC1- AMENDMENTS 1974 - Subsec. (a). Pub. L. 93-255 inserted reference to section 3219 of title 39. 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. ------DocID 7664 Document 757 of 1400------ -CITE- 2 USC CHAPTER 17 -EXPCITE- TITLE 2 CHAPTER 17 -HEAD- CHAPTER 17 - CONGRESSIONAL BUDGET OFFICE -MISC1- Sec. 601. Establishment. (a) In general. (b) Personnel. (c) Experts and consultants. (d) Relationship to executive branch. (e) Relationship to other agencies of Congress. (g) Authorization of appropriations. (g) Revenue estimates. 602. Duties and functions. (a) Assistance to budget committees. (b) Assistance to Committees on Appropriations, Ways and Means, and Finance. (c) Assistance to other committees and Members. (d) Assignment of office personnel to committees and joint committees. (e) Transfer of functions of Joint Committee on Reduction of Federal Expenditures. (f) Reports to budget committees. (g) Use of computers and other techniques. (h) Studies. 603. Public access to budget data. (a) Right to copy. (b) Index. (c) Exceptions. (d) Information obtained for committees and Members. 604. Omitted. 605. Sale or lease of property, supplies, or services. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 622 of this title. ------DocID 7665 Document 758 of 1400------ -CITE- 2 USC Sec. 601 -EXPCITE- TITLE 2 CHAPTER 17 -HEAD- Sec. 601. Establishment -STATUTE- (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 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. 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) 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. (b) Personnel The Director shall appoint and fix the compensation of such personnel as may be necessary to carry out the duties and functions of the Office. All personnel of the Office shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties. The Director may prescribe the duties and responsibilities of the personnel of the Office, and delegate to them authority to perform any of the duties, powers, and functions imposed on the Office or on the Director. For purposes of pay (other than pay of the Director and Deputy Director) and employment benefits, rights, and privileges, all personnel of the Office shall be treated as if they were employees of the House of Representatives. (c) Experts and consultants In carrying out the duties and functions of the Office, the Director may procure the temporary (not to exceed one year) or intermittent services of experts or consultants or organizations thereof by contract as independent contractors, or, in the case of individual experts or consultants, by employment at rates of pay not in excess of the daily equivalent of the highest rate of basic pay payable under the General Schedule of section 5332 of title 5. (d) Relationship to executive branch The Director is authorized to secure information, data, estimates, and statistics directly from the various departments, agencies, and establishments of the executive branch of Government and the regulatory agencies and commissions of the Government. All such departments, agencies, establishments, and regulatory agencies and commissions shall furnish the Director any available material which he determines to be necessary in the performance of his duties and functions (other than material the disclosure of which would be a violation of law). The Director is also authorized, upon agreement with the head of any such department, agency, establishment, or regulatory agency or commission, to utilize its services, facilities, and personnel with or without reimbursement; and the head of each such department, agency, establishment, or regulatory agency or commission is authorized to provide the Office such services, facilities, and personnel. (e) Relationship to other agencies of Congress In carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other congressional agencies with a view to utilizing most effectively the information, services, and capabilities of all such agencies in carrying out the various responsibilities assigned to each, the Director is authorized to obtain information, data, estimates, and statistics developed by the General Accounting Office, the Library of Congress, and the Office of Technology Assessment, and (upon agreement with them) to utilize their services, facilities, and personnel with or without reimbursement. The Comptroller General, the Librarian of Congress, and the Technology Assessment Board, 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) Redesignated (g) (g) (FOOTNOTE 1) Authorization of appropriations (FOOTNOTE 1) So in original. There are two subsecs. designated (g) and no subsec. (f). There are authorized to be appropriated to the Office for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions. Until sums are first appropriated pursuant to the preceding sentence, but for a period not exceeding 12 months following the effective date of this subsection, the expenses of the Office shall be paid from the contingent fund of the Senate, in accordance with section 68 of this title, and upon vouchers approved by the Director. (g) (FOOTNOTE 1) 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. -SOURCE- (Pub. L. 93-344, title II, Sec. 201, July 12, 1974, 88 Stat. 302; Pub. L. 99-177, title II, Sec. 273, Dec. 12, 1985, 99 Stat. 1098, redesignated Sec. 201(g) of Pub. L. 93-344, Pub. L. 101-508, title XIII, Sec. 13202(b), Nov. 5, 1990, 104 Stat. 1388-615; Pub. L. 101-508, title XIII, Sec. 13202(a), (c), Nov. 5, 1990, 104 Stat. 1388-615.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in second subsec. (g), means Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended, 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. -COD- CODIFICATION Pub. L. 101-508, Sec. 12302(b), transferred section 273 of Pub. L. 99-177, which was classified to section 921 of this title, to subsec. (g) of this section, relating to revenue estimates. -MISC3- AMENDMENTS 1990 - Subsec. (f). Pub. L. 101-508, Sec. 13202(a), redesignated subsec. (f), relating to authorization of appropriations, as (g). Subsec. (g). Pub. L. 101-508, Sec. 13202(a), redesignated subsec. (f), relating to authorization of appropriations, as (g). Pub. L. 101-508, Sec. 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'. 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) and (b) of Pub. L. 93-344, set out as a note under section 621 of this title. 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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 603 of this title. ------DocID 7666 Document 759 of 1400------ -CITE- 2 USC Sec. 602 -EXPCITE- TITLE 2 CHAPTER 17 -HEAD- Sec. 602. Duties and functions -STATUTE- (a) Assistance to budget committees It shall be the duty and function of the Office to provide to the Committees on the Budget of both Houses information which will assist such committees in the discharge of all matters within their jurisdictions, including (1) information with respect to the budget, appropriation bills, and other bills authorizing or providing new budget authority or tax expenditures, (2) information with respect to revenues, receipts, estimated future revenues and receipts, and changing revenue conditions, and (3) such related information as such Committee may request. (b) Assistance to Committees on Appropriations, Ways and Means, and Finance At the request of the Committee on Appropriations of either House, the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate, the Office shall provide to such Committee any information which will assist it in the discharge of matters within its jurisdiction, including information described in clauses (1) and (2) of subsection (a) of this section and such related information as the Committee may request. (c) Assistance to other committees and Members (1) At the request of any other committee of the House of Representatives or the Senate or any joint committee of the Congress, the Office shall provide to such committee or joint committee any information compiled in carrying out clauses (1) and (2) of subsection (a) of this section, and, to the extent practicable, such additional information related to the foregoing as may be requested. (2) At the request of any Member of the House or Senate, the Office shall provide to such Member any information compiled in carrying out clauses (1) and (2) of subsection (a) of this section, and, to the extent available, such additional information related to the foregoing as may be requested. (d) Assignment of office personnel to committees and joint committees At the request of the Committee on the Budget of either House, personnel of the Office shall be assigned, on a temporary basis, to assist such committee. At the request of any other committee of either House or any joint committee of the Congress, personnel of the Office may be assigned, on a temporary basis, to assist such committee or joint committee with respect to matters directly related to the applicable provisions of subsection (b) or (c) of this section. (e) Transfer of functions of Joint Committee on Reduction of Federal Expenditures 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. (f) 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), and (B) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year. Such report shall also include a discussion of national budget priorities, including alternative ways of allocating new budget authority and budget outlays for such fiscal year among major programs or functional categories, taking into account how such alternative allocations will meet major national needs and affect balanced growth and development of the United States. (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. (g) 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 Administration 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. (h) Studies The Director shall conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. -SOURCE- (Pub. L. 93-344, title II, Sec. 202(a)-(e)(1), (f), (g), July 12, 1974, 88 Stat. 304, 305; Pub. L. 99-177, title II, Sec. 221, Dec. 12, 1985, 99 Stat. 1060; Pub. L. 101-508, title XIII, Sec. 13112(a)(3), Nov. 5, 1990, 104 Stat. 1388-608.) -COD- CODIFICATION Subsec. (e) of this section was subsec. (e)(1) in the original and was designated subsec. (e) for purposes of codification. Subsec. (e)(2) of section 202 of Pub. L. 93-344 repealed section 571 of former Title 31, Money and Finance. -MISC3- AMENDMENTS 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, Sec. 221(a), substituted 'February 15' for 'April 1'. Subsec. (f)(3). Pub. L. 99-177, Sec. 221(b), added par. (3). Subsec. (h). Pub. L. 99-177, Sec. 221(c), added subsec. (h). 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, set out as an Effective and Termination Dates note under section 900 of this title. 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, set out as a note under section 621 of this title. CREDIT REFORM Pub. L. 100-119, title II, Sec. 212, Sept. 29, 1987, 101 Stat. 787, provided that: 'The Congressional Budget Office, in consultation with the General Accounting Office, shall study and report to Congress on Federal direct loan and loan guarantee programs for fiscal year 1987 and fiscal year 1988. The report shall be submitted as soon as practicable to all congressional committees of appropriate jurisdiction. The report shall provide information and recommendations on: (1) more accurately measuring the costs to the Federal Government of such credit programs, (2) comparing the cost of credit programs to other forms of Federal assistance, and (3) improving the allocation of resources between credit and other programs. The report shall also discuss the considerations involved in establishing a system for using the information on the costs of credit programs as part of the budget process.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 31 section 1554. ------DocID 7667 Document 760 of 1400------ -CITE- 2 USC Sec. 603 -EXPCITE- TITLE 2 CHAPTER 17 -HEAD- Sec. 603. Public access to budget data -STATUTE- (a) Right to copy Except as provided in subsections (c) and (d) of this section, the Director shall make all information, data, estimates, and statistics obtained under section 601(d) and (e) of this title available for public copying during normal business hours, subject to reasonable rules and regulations, and shall to the extent practicable, at the request of any person, furnish a copy of any such information, data, estimates, or statistics upon payment by such person of the cost of making and furnishing such copy. (b) Index The Director shall develop and maintain filing, coding, and indexing systems that identify the information, data, estimates, and statistics to which subsection (a) of this section applies and shall make such systems available for public use during normal business hours. (c) Exceptions Subsection (a) of this section shall not apply to information, data, estimates, and statistics - (1) which are specifically exempted from disclosure by law; or (2) which the Director determines will disclose - (A) matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States; (B) information relating to trade secrets or financial or commercial information pertaining specifically to a given person if the information has been obtained by the Government on a confidential basis, other than through an application by such person for a specific financial or other benefit, and is required to be kept secret in order to prevent undue injury to the competitive position of such person; or (C) personnel or medical data or similar data the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; unless the portions containing such matters, information, or data have been excised. (d) Information obtained for committees and Members Subsection (a) of this section shall apply to any information, data, estimates, and statistics obtained at the request of any committee, joint committee, or Member unless such committee, joint committee, or Member has instructed the Director not to make such information, data, estimates, or statistics available for public copying. -SOURCE- (Pub. L. 93-344, title II, Sec. 203, July 12, 1974, 88 Stat. 305.) -MISC1- 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, set out as a note under section 621 of this title. ------DocID 7668 Document 761 of 1400------ -CITE- 2 USC Sec. 604 -EXPCITE- TITLE 2 CHAPTER 17 -HEAD- Sec. 604. Omitted -COD- CODIFICATION Section, Pub. L. 94-440, title V, Sec. 500, Oct. 1, 1976, 90 Stat. 1452, the Legislative Appropriation Act, 1977, which authorized the Congressional Budget Office to contract without regard to section 5 of Title 41, Public Contracts, applied to fiscal year 1977 and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation act: Pub. L. 94-157, title I, Dec. 18, 1975, 89 Stat. 834. ------DocID 7669 Document 762 of 1400------ -CITE- 2 USC Sec. 605 -EXPCITE- TITLE 2 CHAPTER 17 -HEAD- Sec. 605. Sale or lease of property, supplies, or services -STATUTE- Any sale or lease of property, supplies, or services to the Congressional Budget Office shall be deemed to be a sale or lease of such property, supplies, or services to the Congress subject to section 111b of this title. -SOURCE- (Pub. L. 101-520, title I, Nov. 5, 1990, 104 Stat. 2266.) -REFTEXT- REFERENCES IN TEXT Section 111b of this title, referred to in text, was in the original a reference to section 903 of Pub. L. 98-63, title I, July 30, 1983, 97 Stat. 336, which is classified to section 111b of this title and in part as a note set out under section 111b of this title. -COD- 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. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: 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, Sec. 101(i) (title I), Dec. 22, 1987, 101 Stat. 1329-290, 1329-300. Pub. L. 99-500, Sec. 101(j) (H.R. 5203, title I), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 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. ------DocID 7670 Document 763 of 1400------ -CITE- 2 USC CHAPTER 17A -EXPCITE- TITLE 2 CHAPTER 17A -HEAD- CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS -MISC1- Sec. 621. Congressional declaration of purpose. 622. Definitions. 623. Continuing study of additional budget reform proposals. SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS 631. Timetable. 632. Annual adoption of concurrent resolution on the budget. (a) Content of concurrent resolution on the budget. (b) Additional matters in concurrent resolution. (c) Consideration of procedures or matters which have effect of changing any rule of House. (d) Views and estimates of other committees. (e) Hearings and report. (f) Achievement of goals for reducing unemployment. (g) Economic assumptions. (h) Budget Committee's consultation with committees. (i) Social Security revenues; excess over outlays; prohibition on decrease. 633. Committee allocations. (a) Allocation of totals. (b) Reports by committees. (c) Point of order. (d) Subsequent concurrent resolutions. (e) Alteration of allocations. (f) Legislation subject to point of order. (g) Determinations by Budget Committees. 634. 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 the public debt limit is considered. (a) In general. (b) Exceptions. (c) Waiver in the Senate. 635. Permissible revisions of concurrent resolutions on the budget. (a) In general. (b) Economic assumptions. 636. Provisions relating to consideration of concurrent resolutions on the budget. (a) Procedure in House after report of Committee; debate. (b) Procedure in Senate after report of Committee; debate; amendments. (c) Action on conference reports in Senate. (d) Concurrent resolution must be consistent in Senate. 637. Legislation dealing with Congressional budget must be handled by Budget Committees. 638. House Committee action on all appropriation bills to be completed by June 10. 639. Reports, summaries, and projections of Congressional budget actions. (a) Reports on legislation providing new budget authority, new spending authority, or new credit authority, or providing increase or decrease in revenues or tax expenditures. (b) Up-to-date tabulations of Congressional budget action. (c) Five-year projection of Congressional budget action. 640. House approval of regular appropriation bills. 641. Reconciliation. (a) Inclusion of reconciliation directives in concurrent resolutions on the budget. (b) Legislative procedure. (c) Compliance with reconciliation directions. (d) Limitation on amendments to reconciliation bills and resolutions. (e) Procedure in Senate. (f) Completion of reconciliation process. (g) Limitation on changes to Social Security Act. 642. New budget authority, new spending authority, and revenue legislation to be within appropriate levels. (a) Legislation subject to point of order. (b) Exception in House. (c) Determination of budget levels. 643. Effects of points of order. (a) Points of order in Senate against amendments between Houses. (b) Effect of a point of order on a bill in Senate. 644. Extraneous matter in reconciliation legislation. (a) In general. (b) Extraneous provisions. (c) Point of order. (c) Extraneous materials. (d) General point of order. (e) Determination of levels. SUBCHAPTER II - ISCAL PROCEDURES 651. Bills providing new spending authority. (a) Controls on legislation providing spending authority. (b) Legislation providing entitlement authority. (c) Definitions. (d) Exceptions. 652. Legislation providing new credit authority. (a) Controls on legislation providing new credit authority. (b) 'New credit authority' defined. 653. Analysis by Congressional Budget Office. 654. Study by General Accounting Office of forms of Federal financial commitment not reviewed annually by Congress. 655. Off-budget agencies, programs, and activities. 656. Member User Group. SUBCHAPTER III - CREDIT REFORM 661. Purposes. 661a. Definitions. 661b. OMB and CBO analysis, coordination, and review. (a) In general. (b) Delegation. (c) Coordination with Congressional Budget Office. (d) Improving cost estimates. (e) Historical credit program costs. (f) Administrative costs. 661c. Budgetary treatment. (a) President's budget. (b) Appropriations required. (c) Exemption for mandatory programs. (d) Budget accounting. (e) Modifications. (f) Reestimates. (g) Administrative expenses. 661d. Authorizations. (a) Authorization of appropriations for costs. (b) Authorization for financing accounts. (c) Treasury transactions with financing accounts. (d) Authorization for liquidating accounts. (e) Authorization of appropriations for implementation expenses. (f) Reinsurance. (g) Eligibility and assistance. 661e. Treatment of Deposit Insurance and agencies and other insurance programs. 661f. Effect on other laws. (a) Effect on other laws. (b) Crediting of collections. SUBCHAPTER IV - BUDGET AGREEMENT ENFORCEMENT PROVISIONS 665. Definitions and point of order. (a) Definitions. (b) Point of order in Senate on aggregate allocations for defense, international, and domestic discretionary spending. 665a. Committee allocations and enforcement. (a) Committee spending allocations. (b) Suballocations by committees. (c) Application of section 633(f) of this title to this section. (d) Application of subsections (a) and (b) to fiscal years 1992 to 1995. (e) Pay-as-you-go exception in House. 665b. Consideration of legislation before adoption of budget resolution for that fiscal year. 665c. Reconciliation directives regarding pay-as-you-go requirements. (a) Instructions to effectuate pay-as-you-go in House of Representatives. (b) Consideration of pay-as-you-go reconciliation legislation in House of Representatives. 665d. Application of section 642 of this title; point of order. (a) Application of section 642(a) of this title. (b) Maximum deficit amount point of order in Senate. 665e. 5-year budget resolutions; budget resolutions must conform to Balanced Budget and Emergency Deficit Control Act of 1985. (a) 5-year budget resolutions. (b) Point of order in House of Representatives. (c) Point of order in Senate. (d) Adjustments. ------DocID 7671 Document 764 of 1400------ -CITE- 2 USC Sec. 621 -EXPCITE- TITLE 2 CHAPTER 17A -HEAD- Sec. 621. Congressional declaration of purpose -STATUTE- 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. -SOURCE- (Pub. L. 93-344, Sec. 2, July 12, 1974, 88 Stat. 298.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- EFFECTIVE DATE Section 905 of Pub. L. 93-344 provided that: '(a) Except as provided in this section, the provisions of this Act (see Short Title note below) shall take effect on the date of its enactment (July 12, 1974). '(b) Title II (enacting sections 601 to 603 of this title and repealing section 571 of former Title 31) (except section 201(a) (section 601(a) of this title)), section 403 (section 653 of this title), and section 502(c) (repealed) shall take effect on the day on which the first Director of the Congressional Budget Office is appointed under section 201(a) (section 601(a) of this title). '(c) Except as provided in section 906 (set out as a note under section 632 of this title), title III (subchapter I of this chapter) and section 402 (section 652 of this title) shall apply with respect to the fiscal year beginning on October 1, 1976, and succeeding fiscal years, and section 401 (section 651 of this title) shall take effect on the first day of the second regular session of the Ninety-fourth Congress. '(d) The amendments to the Budget and Accounting Act, 1921, made by sections 601, 603, and 604 (amending section 11 of former Title 31) shall apply with respect to the fiscal year beginning on July 1, 1975, and succeeding fiscal years, except that section 201(g) of such Act (section 11(g) of former Title 31) (as added by section 601) shall apply with respect to the fiscal year beginning on October 1, 1976, and succeeding fiscal years and section 201(i) of such Act (section 11(i) of former Title 31) (as added by section 601) shall apply with respect to the fiscal year beginning on October 1, 1978, and succeeding fiscal years. The amendment to such Act made by section 602 (amending section 11(b) and (c) of former Title 31) apply with respect to the fiscal year beginning on October 1, 1976, and succeeding fiscal years.' SHORT TITLE OF 1990 AMENDMENT Pub. L. 93-344, title V, Sec. 500, as added Pub. L. 101-508, title XIII, Sec. 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'.' SHORT TITLE OF 1981 AMENDMENT Pub. L. 97-108, Sec. 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 Section 1(a) of Pub. L. 93-344 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 may be cited as the 'Impoundment Control Act of 1974'.' FINANCIAL SAFETY AND SOUNDNESS OF GOVERNMENT-SPONSORED ENTERPRISES Pub. L. 101-508, title XIII, Sec. 13501, Nov. 5, 1990, 104 Stat. 1388-628, provided that: '(a) Definition. - For purposes of this section, the terms 'Government-sponsored enterprise' and 'GSE' mean the Farm Credit System (including the Farm Credit Banks, Banks for Cooperatives, and Federal Agricultural Mortgage Corporation), the Federal Home Loan Bank System, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, and the Student Loan Marketing Association. '(b) Treasury Department Study and Proposed Legislation. - '(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) Congressional Budget Office Study. - '(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) Access to Relevant Information. - '(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) Confidentiality of Relevant Information. - '(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) Requirement to Report Legislation. - (1) The committees of jurisdiction in the House shall prepare and report to the House no later than September 15, 1991, legislation to ensure the financial soundness of GSEs and to minimize the possibility that a GSE might require future assistance from the Government. '(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) President's Budget. - The President's annual budget submission shall include an analysis of the financial condition of the GSEs and the financial exposure of the Government, if any, posed by GSEs.' MULTIYEAR AUTHORIZATIONS AND 2-YEAR APPROPRIATIONS FOR SELECTED AGENCIES AND ACCOUNTS Pub. L. 100-119, title II, Sec. 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, Sec. 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 Section 904 of Pub. L. 93-344, as amended by Pub. L. 99-177, title II, Sec. 271(a), Dec. 12, 1985, 99 Stat. 1094; Pub. L. 101-508, title XIII, Sec. 13112(a)(11), 13208(a), Nov. 5, 1990, 104 Stat. 1388-608, 1388-619, provided that: '(a) The provisions of this title (except section 905) and of titles I, III, IV, V, and VI (except section 601(a)) and the provisions of sections 701, 703, and 1017 (enacting this chapter (except section 665(a) of this title) 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 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) Waiver. - Sections 305(b)(2), 305(c)(4), 306, 904(c), and 904(d) (sections 636(b)(2), (c)(4) and 637 of this title and subsecs. (c) and (d) of this note) may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. Sections 301(i), 302(c), 302(f), 310(d)(2), 310(f), 311(a), 313, 601(b), and 606(c) of this Act (sections 632(i), 633(c), (f), 641(d)(2), (f), 642(a), 644, 665(b), and 665e(c) of this title) and sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1), 258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (sections 907a(a)(4)(C), 907b(b)(3)(C)(i), 907c(f)(1), (h)(1), (3), and 907d(a)(5), (b)(1) 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. '(d) Appeals in the Senate from the decisions of the Chair relating to any provision of title III or IV (enacting subchapters I and II of this chapter) or section 1017 (enacting section 688 of this title) shall, except as otherwise provided therein, be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, concurrent resolution, reconciliation bill, or rescission bill, as the case may be. 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 sections 305(b)(2), 305(c)(4), 306, 904(c), and 904(d) (sections 636(b)(2), (c)(4) and 637 of this title and subsecs. (c) and (d) of this note). 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 sections 301(i), 302(c), 302(f), 310(d)(2), 310(f), 311(a), 313, 601(b), and 606(c) of this Act (sections 632(i), 633(c), (f), 641(d)(2), (f), 642(a), 644, 665(b), and 665e(c) of this title) and sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1), 258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (sections 907a(a)(4)(C), 907b(b)(3)(C)(i), 907c(f)(1), (h)(1), (3), and 907d(a), (b)(1) of this title) (.)' -SECREF- ACT REFERRED TO IN OTHER SECTIONS The Congressional Budget Act of 1974 is referred to in sections 907a, 907b, 907c, of this title; title 7 section 1446c-1; title 22 sections 2717, 2718, 4715; title 50 App. sections 1989b-8, 1989c-7. The Congressional Budget and Impoundment Control Act of 1974 is referred to in section 907a of this title; title 12 section 635; title 16 sections 544l, 1606; title 42 section 11303. ------DocID 7672 Document 765 of 1400------ -CITE- 2 USC Sec. 622 -EXPCITE- TITLE 2 CHAPTER 17A -HEAD- Sec. 622. Definitions -STATUTE- 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) 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., (FOOTNOTE 1) 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 (FOOTNOTE 2) (FOOTNOTE 1) So in original. (FOOTNOTE 2) So in original. Probably should be followed by a period. (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 (FOOTNOTE 3) receipts during that year. (FOOTNOTE 3) So in original. Probably should be 'exceed'. (7) The term 'surplus' means, with respect to a fiscal year, the amount by which receipts exceeds (FOOTNOTE 3) 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 spending authority described by section 651(c)(2)(C) of this title. (10) The term 'credit authority' means authority to incur direct loan obligations or to incur primary loan guarantee commitments. -SOURCE- (Pub. L. 93-344, Sec. 3, July 12, 1974, 88 Stat. 299; Aug. 30, 1954, ch. 1073, Sec. 302(d), as added Pub. L. 95-110, Sec. 1, Sept. 20, 1977, 91 Stat. 884; Pub. L. 99-177, title II, Sec. 201(a), 232(b), Dec. 12, 1985, 99 Stat. 1039, 1062; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-119, title I, Sec. 106(a), Sept. 29, 1987, 101 Stat. 780; Pub. L. 100-203, title VIII, Sec. 8003(c), Dec. 22, 1987, 101 Stat. 1330-282; Pub. L. 101-508, title XIII, Sec. 13112(a)(2), 13201(b)(1), 13211(a), Nov. 5, 1990, 104 Stat. 1388-607, 1388-614, 1388-620.) -STATAMEND- AMENDMENT OF SECTION Pub. L. 101-508, title XIII, Sec. 13211, Nov. 5, 1991, 104 Stat. 1388-620, provided that, effective for fiscal year 1992 and subsequent fiscal years, par. (2) of this section is amended to read as follows: (2) Budget authority and new budget authority (A) In general The term 'budget authority' means the authority provided by Federal law to incur financial obligations, as follows: (i) provisions of law that make funds available for obligation and expenditure (other than borrowing authority), including the authority to obligate and expend the proceeds of offsetting receipts and collections; (ii) borrowing authority, which means authority granted to a Federal entity to borrow and obligate and expend the borrowed funds, including through the issuance of promissory notes or other monetary credits; (iii) contract authority, which means the making of funds available for obligation but not for expenditure; and (iv) offsetting receipts and collections as negative budget authority, and the reduction thereof as positive budget authority. (B) Limitations on budget authority With respect to the Federal Hospital Insurance Trust Fund, the Supplementary Medical Insurance Trust Fund, the Unemployment Trust Fund, and the railroad retirement account, any amount that is precluded from obligation in a fiscal year by a provision of law (such as a limitation or a benefit formula) shall not be budget authority in that year. (C) New budget authority The term 'new budget authority' means, with respect to a fiscal year - (i) budget authority that first becomes available for obligation in that year, including budget authority that becomes available in that year s (FOOTNOTE 4) a result of a reappropriation; or (FOOTNOTE 4) So in original. Probably should be 'as'. (ii) a change in any account in the availability of unobligated balances of budget authority carried over from a prior year, resulting from a provision of law first effective in that year; and includes a change in the estimated level of new budget authority provided in indefinite amounts by existing law. -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended, 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. -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 1990 - Par. (2). Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 201(a)(2), inserted reference to the collection of offsetting receipts, effective Apr. 15, 1986. Par. (4). Pub. L. 99-177, Sec. 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, Sec. 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. EFFECTIVE DATE OF 1990 AMENDMENT Section 13211(b) of Pub. L. 101-508 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, set out as an Effective and Termination Dates note under section 900 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 652, 900 of this title; title 39 section 2009a. ------DocID 7673 Document 766 of 1400------ -CITE- 2 USC Sec. 623 -EXPCITE- TITLE 2 CHAPTER 17A -HEAD- Sec. 623. Continuing study of additional budget reform proposals -STATUTE- (a) The Committees on the Budget of the House of Representatives and the Senate shall study on a continuing basis proposals designed to improve and facilitate methods of congressional budgetmaking. The proposals to be studied shall include, but are not limited to, proposals for - (1) improving the information base required for determining the effectiveness of new programs by such means as pilot testing survey research, and other experimental and analytical techniques; (2) improving analytical and systematic evaluation of the effectiveness of existing programs; (3) establishing maximum and minimum time limitations for program authorization; and (4) developing techniques of human resource accounting and other means of providing noneconomic as well as economic evaluation measures. (b) The Committee on the Budget of each House shall, from time to time, report to its House the results of the study carried on by it under subsection (a) of this section, together with its recommendations. (c) Nothing in this section shall preclude studies to improve the budgetary process by any other committee of the House of Representatives or the Senate or any joint committee of the Congress. -SOURCE- (Pub. L. 93-344, title VII, Sec. 703, July 12, 1974, 88 Stat. 326.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. ------DocID 7674 Document 767 of 1400------ -CITE- 2 USC SUBCHAPTER I -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 632, 907a, 907b, 907c, 908 of this title; title 42 section 6247. ------DocID 7675 Document 768 of 1400------ -CITE- 2 USC Sec. 631 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 631. Timetable -STATUTE- 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. February 25 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. ------------------------------- -SOURCE- (Pub. L. 93-344, title III, Sec. 300, July 12, 1974, 88 Stat. 306; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1040; Pub. L. 101-508, title XIII, Sec. 13112(a)(4), Nov. 5, 1990, 104 Stat. 1388-608.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 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. 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, set out as an Effective and Termination Dates note under section 900 of this title. 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, 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, set out as an Effective Date note under section 621 of this title. ------DocID 7676 Document 769 of 1400------ -CITE- 2 USC Sec. 632 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 632. Annual adoption of concurrent resolution on the budget -STATUTE- (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 planning levels for each of the two ensuing fiscal years, for the following - (1) totals of new budget authority, budget outlays, direct loan obligations, and primary loan guarantee commitments; (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, budget outlays, direct loan obligations, and primary loan guarantee commitments for each major functional category, based on allocations of the total levels set forth pursuant to paragraph (1); (5) the public debt; (6) For (FOOTNOTE 1) purposes of Senate enforcement under this subchapter, outlays of the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.) for the fiscal year of the resolution and for each of the 4 succeeding fiscal years; and (FOOTNOTE 1) So in original. Probably should not be capitalized. (7) For (FOOTNOTE 1) 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, (FOOTNOTE 2) 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. (FOOTNOTE 2) So in original. Probably should be 'old-age,'. (b) Additional matters in concurrent resolution The concurrent resolution on the budget may - (1) set forth, if required by subsection (f) of this section, the calendar year in which, in the opinion of the Congress, the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 (15 U.S.C. 1022a(b)) should be achieved; (2) include reconciliation directives described in section 641 of this title; (3) require a procedure under which all or certain bills or resolutions providing new budget authority or new entitlement authority for such fiscal year shall not be enrolled until the Congress has completed action on any reconciliation bill or reconciliation resolution or both required by such concurrent resolution to be reported in accordance with section 641(b) of this title; (4) set forth such other matters, and require such other procedures, relating to the budget, as may be appropriate to carry out the purposes of this Act; (5) include a heading entitled 'Debt Increase as Measure of Deficit' in which the concurrent resolution shall set forth the amounts by which the debt subject to limit (in section 3101 of title 31) has increased or would increase in each of the relevant fiscal years; (6) include a heading entitled 'Display of Federal Retirement Trust Fund Balances' in which the concurrent resolution shall set forth the balances of the Federal retirement trust funds; (7) set forth pay-as-you-go procedures for the Senate whereby - (A) budget authority and outlays may be allocated to a committee for legislation that increases funding for entitlement and mandatory spending programs within its jurisdiction if that committee or the committee of conference on such legislation reports such legislation, if, to the extent that the costs of such legislation are not included in the concurrent resolution on the budget, the enactment of such legislation will not increase the deficit (by virtue of either deficit reduction in the bill or previously passed deficit reduction) in the resolution for the first fiscal year covered by the concurrent resolution on the budget, and will not increase the total deficit for the period of fiscal years covered by the concurrent resolution on the budget; (B) upon the reporting of legislation pursuant to subparagraph (A), and again upon the submission of a conference report on such legislation (if a conference report is submitted), 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 paragraph; (C) such revised allocations, functional levels, and aggregates shall be considered for the purposes of this Act as allocations, functional levels, and aggregates contained in the concurrent resolution on the budget; and (D) the appropriate committee shall report appropriately revised allocations pursuant to section 633(b) of this title to carry out this paragraph; and (8) set forth procedures to effectuate pay-as-you-go in the House of Representatives. (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, each committee of the House of Representatives having legislative jurisdiction shall submit to the Committee on the Budget of the House and each committee of the Senate having legislative jurisdiction shall submit to the Committee on the Budget of the Senate its views and estimates (as determined by the committee making such submission) with respect to all matters set forth in subsections (a) and (b) of this section which relate to matters within the jurisdiction or functions of such committee. The Joint Economic Committee shall submit to the Committees on the Budget of both Houses its recommendations as to the fiscal policy appropriate to the goals of the Employment Act of 1946 (15 U.S.C. 1021 et seq.). Any other committee of the House of Representatives or the Senate may submit to the Committee on the Budget of its House, and any joint committee of the Congress may submit to the Committees on the Budget of both Houses, its views and estimates with respect to all matters set forth in subsections (a) and (b) of this section which relate to matters within its jurisdiction or functions. (e) Hearings and report In developing the concurrent resolution on the budget referred to in subsection (a) of this section for each fiscal year, the Committee on the Budget of each House shall hold hearings and shall receive testimony from Members of Congress and such appropriate representatives of Federal departments and agencies, the general public, and national organizations as the committee deems desirable. Each of the recommendations as to short-term and medium-term goals set forth in the report submitted by the members of the Joint Economic Committee under subsection (d) of this section may be considered by the Committee on the Budget of each House as part of its consideration of such concurrent resolution, and its report may reflect its views thereon, including its views on how the estimates of revenues and levels of budget authority and outlays set forth in such concurrent resolution are designed to achieve any goals it is recommending. The report accompanying such concurrent resolution shall include, but not be limited to - (1) a comparison of revenues estimated by the committee with those estimated in the budget submitted by the President; (2) a comparison of the appropriate levels of total budget outlays and total new budget authority, total direct loan obligations, total primary loan guarantee commitments, as set forth in such concurrent resolution, with those estimated or requested in the budget submitted by the President; (3) with respect to each major functional category, an estimate of budget outlays and an appropriate level of new budget authority for all proposed programs and for all existing programs (including renewals thereof), with the estimate and level for existing programs being divided between permanent authority and funds provided in appropriation Acts, and with each such division being subdivided between controllable amounts and all other amounts; (4) an allocation of the level of Federal revenues recommended in the concurrent resolution among the major sources of such revenues; (5) the economic assumptions and objectives which underlie each of the matters set forth in such concurrent resolution and any alternative economic assumptions and objectives which the committee considered; (6) projections (not limited to the following), for the period of five fiscal years beginning with such fiscal year, of the estimated levels of total budget outlays and total new budget authority, the estimated revenues to be received, and the estimated surplus or deficit, if any, for each fiscal year in such period, and the estimated levels of tax expenditures (the tax expenditures budget) by major functional categories; (7) a statement of any significant changes in the proposed levels of Federal assistance to State and local governments; (8) 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 concurrent resolution; (9) allocations described in section 633(a) of this title; and (10) an analysis, prepared after consultation with the Director of the Congressional Budget Office, of the concurrent resolution's impact on the international competitiveness of United States business and the United States balance of payments position and shall include the following projections, based upon the best information available at the time, for the fiscal year covered by the concurrent resolution - (A) the amount of borrowing by the Government in private credit markets; (B) net domestic savings (defined as personal savings, corporate savings, and the fiscal surplus of State and local governments); (C) net private domestic investment; (D) the merchandise trade and current accounts; (E) the net increase or decrease in foreign indebtedness (defined as net foreign investment); and (F) the estimated direction and extent of the influence of the Government's borrowing in private credit markets on United States dollar interest rates and on the real effective exchange rate of the United States dollar. (f) Achievement of goals for reducing unemployment (1) If, pursuant to section 4(c) of the Employment Act of 1946 (15 U.S.C. 1022a(c)), the President recommends in the Economic Report that the goals for reducing unemployment set forth in section 4(b) of such Act (15 U.S.C. 1022a(b)) be achieved in a year after the close of the five-year period prescribed by such subsection, the concurrent resolution on the budget for the fiscal year beginning after the date on which such Economic Report is received by the Congress may set forth the year in which, in the opinion of the Congress, such goals can be achieved. (2) After the Congress has expressed its opinion pursuant to paragraph (1) as to the year in which the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 (15 U.S.C. 1022a(b)) can be achieved, if, pursuant to section 4(e) of such Act (15 U.S.C. 1022a(e)), the President recommends in the Economic Report that such goals be achieved in a year which is different from the year in which the Congress has expressed its opinion that such goals should be achieved, either in its action pursuant to paragraph (1) or in its most recent action pursuant to this paragraph, the concurrent resolution on the budget for the fiscal year beginning after the date on which such Economic Report is received by the Congress may set forth the year in which, in the opinion of the Congress, such goals can be achieved. (3) It shall be in order to amend the provision of such resolution setting forth such year only if the amendment thereto also proposes to alter the estimates, amounts, and levels (as described in subsection (a) of this section) set forth in such resolution in germane fashion in order to be consistent with the economic goals (as described in sections 3(a)(2) and 4(b) of the Employment Act of 1946 (15 U.S.C. 1022(a)(2), 1022a(b))) which such amendment proposes can be achieved by the year specified in such amendment. (g) Economic assumptions (1) It shall not be in order in the Senate to consider any concurrent resolution on the budget for a fiscal year, or any amendment thereto, or any conference report thereon, that sets forth amounts and levels that are determined on the basis of more than one set of economic and technical assumptions. (2) The joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall set forth the common economic assumptions upon which such joint statement and conference report are based, or upon which any amendment contained in the joint explanatory statement to be proposed by the conferees in the case of technical disagreement, is based. (3) Subject to periodic reestimation based on changed economic conditions or technical estimates, determinations under titles III and IV of the Congressional Budget Act of 1974 (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 revenues; excess over outlays; prohibition on decrease It shall not be in order in the Senate to consider any concurrent resolution on the budget as reported to the Senate 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. -SOURCE- (Pub. L. 93-344, title III, Sec. 301, July 12, 1974, 88 Stat. 306; Pub. L. 95-523, title III, Sec. 303(a), 304, Oct. 27, 1978, 92 Stat. 1905, 1906; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1040; Pub. L. 100-119, title I, Sec. 106(d), title II, Sec. 208(a), Sept. 29, 1987, 101 Stat. 781, 786; Pub. L. 100-418, title V, Sec. 5302, Aug. 23, 1988, 102 Stat. 1462; Pub. L. 101-508, title XIII, Sec. 13112(a)(5), 13203, 13204, 13301(b), 13303(a), (b), Nov. 5, 1990, 104 Stat. 1388-608, 1388-615, 1388-616, 1388-623, 1388-625.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by section 5303 of Pub. L. 100-418, see Effective and Termination Dates of 1988 Amendment note below. -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a), 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 (Sec. 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), (7)(C), means Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended, 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, as amended, which is classified generally to chapter 21 (Sec. 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, as amended. Titles III and IV of the Act are classified generally to this subchapter (Sec. 631 et seq.) and subchapter II (Sec. 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. -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-508, Sec. 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, Sec. 13303(a), added pars. (6) and (7). Subsec. (b)(5), (6). Pub. L. 101-508, Sec. 13203, added pars. (5) and (6). Subsec. (b)(7), (8). Pub. L. 101-508, Sec. 13204, added pars. (7) and (8). Subsec. (d). Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 201(b), 275(b)(2)(B), in amending section generally, added subsecs. (f) to (i). 1978 - Subsec. (a)(6), (7). Pub. L. 95-523, Sec. 304(a), added par. (6) and redesignated former par. (6) as (7). Subsec. (d). Pub. L. 95-523, Sec. 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, Sec. 304(b), added subsec. (e). EFFECTIVE DATE OF 1990 AMENDMENT Section 13306 of Pub. L. 101-508 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, set out as an Effective and Termination Dates note under section 900 of this title. EXCLUSION OF SOCIAL SECURITY FROM ALL BUDGETS Section 13301(a) of Pub. L. 101-508 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 Section 13302 of Pub. L. 101-508 provided that: '(a) In General. - It shall not be in order in the House of Representatives to consider any bill or joint resolution, as reported, or any amendment thereto or conference report thereon, if, upon enactment - '(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) Application. - In applying paragraph (3) or (4) of subsection (a), any provision of any bill or joint resolution, as reported, or any amendment thereto, or conference report thereon, the effect of which is to provide for a net decrease for any period in taxes described in subsection (c)(2)(A) shall be disregarded if such bill, joint resolution, amendment, or conference report also includes a provision the effect of which is to provide for a net increase of at least an equivalent amount for such period in medicare taxes. '(c) Definitions. - For purposes of this subsection: '(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.' SENATE WAIVER OF MAXIMUM DEFICIT AMOUNT PROVISION Waiver or suspension of subsec. (i) of this section only by affirmative vote of three-fifths of the Senate, except with regard to joint resolutions reported or discharged pursuant to section 904(a) of this title, see section 271(b) of Pub. L. 99-177, set out as a Waivers and Suspensions in the Senate note under section 901 of this title. APPEALS OF RULINGS Appeal of ruling of the Chair on point of order raised under subsec. (i) of this section sustained only by affirmative vote of three-fifths of the Senate, see section 271(c) of Pub. L. 99-177, set out as a note under section 901 of this title. 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, Sec. 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, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068. APPLICATION OF CONGRESSIONAL BUDGET PROCESS TO FISCAL YEAR BEGINNING JULY 1, 1975 Section 906 of Pub. L. 93-344 provided that: 'If the Committees on the Budget of the House of Representatives and the Senate both agree that it is feasible to report and act on a concurrent resolution on the budget referred to in section 301(a) (subsec. (a) of this section), or to apply any provision of title III (this subchapter) or section 401 or 402 (sections 651 or 652 of this title), for the fiscal year beginning on July 1, 1975, and submit reports of such agreement to their respective Houses, then to the extent and in the manner specified in such reports, the provisions so specified and section 202(f) (section 602(f) of this title) shall apply with respect to such fiscal year. If any provision so specified contains a date, such reports shall also specify a substitute date.' -CROSS- CROSS REFERENCES Budget to include separate statement on each of items referred to in subsec. (a)(1) to (5) of this section, see section 1105 of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 622, 633, 634, 635, 636, 641, 655, 665a, 665e, 907d of this title; title 31 section 1105. ------DocID 7677 Document 770 of 1400------ -CITE- 2 USC Sec. 633 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 633. Committee allocations -STATUTE- (a) Allocation of totals (1) For the House of Representatives, the joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall include an estimated allocation, based upon such concurrent resolution as recommended in such conference report, of the appropriate levels of total budget outlays, total new budget authority, and total entitlement authority among each committee of the House of Representatives which has jurisdiction over laws, bills and resolutions providing such new budget authority, (FOOTNOTE 1) or such entitlement authority. The allocation shall, for each committee, divide new budget authority, (FOOTNOTE 1) and entitlement authority between amounts provided or required by law on the date of such conference report (mandatory or uncontrollable amounts), and amounts not so provided or required (discretionary or controllable amounts), and shall make the same division for estimated outlays that would result from such new budget authority. (FOOTNOTE 1) So in original. The comma probably should not appear. (2) For the Senate, the joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall include an estimated allocation, based upon such concurrent resolution as recommended in such conference report, of the appropriate levels of social security outlays for the fiscal year of the resolution and for each of the 4 succeeding fiscal years, total budget outlays and total new budget authority among each committee of the Senate which has jurisdiction over bills and resolutions providing such new budget authority. (b) Reports by committees As soon as practicable after a concurrent resolution on the budget is agreed to - (1) the Committee on Appropriations of each House shall, after consulting with the Committee on Appropriations of the other House, (A) subdivide among its subcommittees the allocation of budget outlays and new budget authority allocated to it in the joint explanatory statement accompanying the conference report on such concurrent resolution, and (B) further subdivide the amount with respect to each such subcommittee between controllable amounts and all other amounts; and (2) every other committee of the House and Senate to which an allocation was made in such joint explanatory statement shall, after consulting with the committee or committees of the other House to which all or part of its allocation was made, (A) subdivide such allocation among its subcommittees or among programs over which it has jurisdiction, and (B) further subdivide the amount with respect to each subcommittee or program between controllable amounts and all other amounts. Each such committee shall promptly report to its House the subdivisions made by it pursuant to this subsection. (c) Point of order 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. (d) Subsequent concurrent resolutions In the case of a concurrent resolution on the budget referred to in section 635 of this title, the allocations under subsection (a) of this section and the subdivisions under subsection (b) of this section shall be required only to the extent necessary to take into account revisions made in the most recently agreed to concurrent resolution on the budget. (e) Alteration of allocations At any time after a committee reports the allocations required to be made under subsection (b) of this section, such committee may report to its House an alteration of such allocations. Any alteration of such allocations must be consistent with any actions already taken by its House on legislation within the committee's jurisdiction. (f) Legislation subject to point of order (1) In the House of Representatives After the Congress has completed action on a concurrent resolution on the budget for a fiscal year, it shall not be in order in the House of Representatives to consider any bill, joint resolution, or amendment providing new budget authority for such fiscal year or new entitlement authority effective during such 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 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. (2) In the Senate At any time after the Congress has completed action on the concurrent resolution on the budget required to be reported under section 632(a) of this title for a fiscal year, it shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report, that provides for budget outlays, new budget authority, or new spending authority (as defined in section 651(c)(2) of this title) or new credit authority in excess of (A) the appropriate allocation of such outlays or authority reported 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 in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year 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. Subparagraph (A) shall not apply to any bill, resolution, amendment, motion, or conference report that is within the jurisdiction of the Committee on Appropriations. In applying this paragraph - (A) estimated social security outlays shall be deemed to be reduced by the excess of estimated social security revenues (including social security revenues provided for in the bill, resolution, amendment, or conference report with respect to which this paragraph is applied) over the appropriate level of social security revenues specified in the most recently adopted concurrent resolution on the budget; (B) estimated social security outlays shall be deemed increased by the shortfall of estimated social security revenues (including social security revenues provided for in the bill, resolution, amendment, or conference report with respect to which this paragraph is applied) below the appropriate level of social security revenues specified in the most recently adopted concurrent resolution on the budget; and (C) 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 (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. The Chairman of the Committee on the Budget of the Senate may file with the Senate appropriately revised allocations under subsection (a) of this section and revised functional levels and aggregates to reflect the application of the preceding sentence. Such revised allocations, functional levels, and aggregates shall be considered as allocations, functional levels, and aggregates contained in the most recently agreed to concurrent resolution on the budget, and the appropriate committees shall report revised allocations pursuant to subsection (b) of this section. (g) Determinations by Budget Committees 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. -SOURCE- (Pub. L. 93-344, title III, Sec. 302, July 12, 1974, 88 Stat. 308; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1044; Pub. L. 101-508, title XIII, Sec. 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.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by section 13201(b)(2) of Pub. L. 101-508, see Effective and Termination Dates of 1990 Amendment note below. -REFTEXT- REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in subsec. (f)(2)(C), is classified generally to Title 26, Internal Revenue Code. -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 1990 - Subsec. (a)(1). Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 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, Sec. 13112(a)(6), struck out 'the House of Representatives and' after 'among each committee of'. Subsec. (b)(1)(A). Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 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, Sec. 13207(a)(1)(B), inserted 'joint' before 'resolution' the second and third places appearing in introductory provisions. Pub. L. 101-508, Sec. 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, Sec. 13303(c)(3), inserted three sentences at end beginning with 'In applying this paragraph - '. Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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). EFFECTIVE AND TERMINATION DATES OF 1990 AMENDMENT Section 13201(b)(2) of Pub. L. 101-508 provided that the amendment made by that section is effective Jan. 1, 1991, for fiscal year 1991 only. Section 13201(b)(3) of Pub. L. 101-508 provided that the amendment made by that section 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, set out as an Effective and Termination Dates note under section 900 of this title. SENATE WAIVER OF POINT OF ORDER PROVISION Waiver or suspension of subsec. (c) or (f) of this section only by affirmative vote of three-fifths of the Senate, except with regard to joint resolutions reported or discharged pursuant to section 904(a) of this title, see section 271(b) of Pub. L. 99-177, set out as a Waivers and Suspensions in the Senate note under section 901 of this title. APPEALS OF RULINGS Appeal of ruling of the Chair on point of order raised under subsec. (c) or (f) of this section sustained only by affirmative vote of three-fifths of the Senate, see section 271(c) of Pub. L. 99-177, set out as a note under section 901 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 632, 639, 641, 642, 651, 665a, 665e, 907a, 907c, 908 of this title. ------DocID 7678 Document 771 of 1400------ -CITE- 2 USC Sec. 634 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 634. 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 the public debt limit is considered -STATUTE- (a) In general 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 the House or Senate which provides - (1) new budget authority for a fiscal year; (2) an increase or decrease in revenues to become effective during a fiscal year; (3) an increase or decrease in the public debt limit to become effective during a fiscal year; (4) new entitlement authority to become effective during a fiscal year; (5) in the Senate only, new spending authority (as defined in section 651(c)(2) of this title) for a fiscal year; or (6) in the Senate only, outlays, until the concurrent resolution on the budget for such fiscal year (or, in the Senate, a concurrent resolution on the budget covering such fiscal year) has been agreed to pursuant to section 632 of this title. (b) Exceptions (1) In the House of Representatives, subsection (a) of this section does not apply to any bill or resolution - (A) providing new budget authority which first becomes available in a fiscal year following the fiscal year to which the concurrent resolution applies; or (B) increasing or decreasing revenues which first become effective in a fiscal year following the fiscal year to which the concurrent resolution applies. After May 15 of any calendar year, subsection (a) of this section does not apply in the House of Representatives to any general appropriation bill, or amendment thereto, which provides new budget authority for the fiscal year beginning in such calendar year. (2) In the Senate, subsection (a) of this section does not apply to any bill or resolution making advance appropriations for the fiscal year to which the concurrent resolution applies and the two succeeding fiscal years. (c) Waiver in Senate (1) The committee of the Senate which reports any bill or resolution (or amendment thereto) to which subsection (a) of this section applies may at or after the time it reports such bill or resolution (or amendment), report a resolution to the Senate (A) providing for the waiver of subsection (a) of this section with respect to such bill or resolution (or amendment), and (B) stating the reasons why the waiver is necessary. The resolution shall then be referred to the Committee on the Budget of the Senate. That committee shall report the resolution to the Senate within 10 days after the resolution is referred to it (not counting any day on which the Senate is not in session) beginning with the day following the day on which it is so referred, accompanied by that committee's recommendations and reasons for such recommendations with respect to the resolution. If the committee does not report the resolution within such 10-day period, it shall automatically be discharged from further consideration of the resolution and the resolution shall be placed on the calendar. (2) During the consideration of any such resolution, debate shall be limited to one hour, to be equally divided between, and controlled by, the majority leader and minority leader or their designees, and the time on any debatable motion or appeal shall be limited to twenty minutes, to be equally divided between, and controlled by, the mover and the manager of the resolution. In the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of such resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. No amendment to the resolution is in order. (3) If, after the Committee on the Budget has reported (or been discharged from further consideration of) the resolution, the Senate agrees to the resolution, then subsection (a) of this section shall not apply with respect to the bill or resolution (or amendment thereto) to which the resolution so agreed to applies. -SOURCE- (Pub. L. 93-344, title III, Sec. 303, July 12, 1974, 88 Stat. 309; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1046; Pub. L. 101-508, title XIII, Sec. 13205, 13207(a)(1)(C), Nov. 5, 1990, 104 Stat. 1388-616, 1388-617.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-508, Sec. 13207(a)(1)(C), substituted 'bill, joint resolution, amendment, motion, or conference report' for 'bill or resolution (or amendment thereto)'. Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 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. 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, set out as an Effective and Termination Dates note under section 900 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 665a, 665e, 907c, 908 of this title. ------DocID 7679 Document 772 of 1400------ -CITE- 2 USC Sec. 635 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 635. Permissible revisions of concurrent resolutions on the budget -STATUTE- (a) In general 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. (b) Economic assumptions 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). -SOURCE- (Pub. L. 93-344, title III, Sec. 304, July 12, 1974, 88 Stat. 310; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1047; Pub. L. 100-119, title II, Sec. 208(b), Sept. 29, 1987, 101 Stat. 786; Pub. L. 101-508, title XIII, Sec. 13112(a)(8), Nov. 5, 1990, 104 Stat. 1388-608.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 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). 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, set out as an Effective and Termination Dates note under section 900 of this title. SENATE WAIVER OF MAXIMUM DEFICIT AMOUNT PROVISION Waiver or suspension of subsec. (b) of this section only by affirmative vote of three-fifths of the Senate, except with regard to joint resolutions reported or discharged pursuant to section 904(a) of this title, see section 271(b) of Pub. L. 99-177, set out as a Waivers and Suspensions in the Senate note under section 901 of this title. APPEALS OF RULINGS Appeal of ruling of the Chair on point of order raised under subsec. (b) of this section sustained only by affirmative vote of three-fifths of the Senate, see section 271(c) of Pub. L. 99-177, set out as a note under section 901 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 622, 633, 636, 641, 655, 665e of this title. ------DocID 7680 Document 773 of 1400------ -CITE- 2 USC Sec. 636 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 636. Provisions relating to consideration of concurrent resolutions on the budget -STATUTE- (a) Procedure in House after report of Committee; debate (1) 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. (2) General debate on any concurrent resolution on the budget in the House of Representatives shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority parties, plus such additional hours of debate as are consumed pursuant to paragraph (3). A motion further to limit debate is not debatable. A motion to recommit the concurrent resolution is not in order, and it is not in order to move to reconsider the vote by which the concurrent resolution is agreed to or disagreed to. (3) Following the presentation of opening statements on the concurrent resolution on the budget for a fiscal year by the chairman and ranking minority member of the Committee on the Budget of the House, there shall be a period of up to four hours for debate on economic goals and policies. (4) Only if a concurrent resolution on the budget reported by the Committee on the Budget of the House sets forth the economic goals (as described in sections 1022(a)(2) and 1022a(b) of title 15) which the estimates, amounts, and levels (as described in section 632(a) of this title) set forth in such resolution are designed to achieve, shall it be in order to offer to such resolution an amendment relating to such goals, and such amendment shall be in order only if it also proposes to alter such estimates, amounts, and levels in germane fashion in order to be consistent with the goals proposed in such amendment. (5) Consideration of any concurrent resolution on the budget by the House of Representatives shall be in the Committee of the Whole, and the resolution shall be considered for amendment under the five-minute rule in accordance with the applicable provisions of rule XXIII 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(a) of this title all such debate shall be limited to not more than 15 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (2) Debate in the Senate on any amendment to a concurrent resolution on the budget shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, and debate on any amendment to an amendment, debatable motion, or appeal shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, except that in the event the manager of the concurrent resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of such concurrent resolution shall be received. Such leaders, or either of them, may, from the time under their control on the passage of the concurrent resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal. (3) Following the presentation of opening statements on the concurrent resolution on the budget for a fiscal year by the chairman and ranking minority member of the Committee on the Budget of the Senate, there shall be a period of up to four hours for debate on economic goals and policies. (4) Subject to the other limitations of this Act, only if a concurrent resolution on the budget reported by the Committee on the Budget of the Senate sets forth the economic goals (as described in sections 1022(a)(2) and 1022a(b) of title 15) which the estimates, amounts, and levels (as described in section 632(a) of this title) set forth in such resolution are designed to achieve, shall it be in order to offer to such resolution an amendment relating to such goals, and such amendment shall be in order only if it also proposes to alter such estimates, amounts, and levels in germane fashion in order to be consistent with the goals proposed in such amendment. (5) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. (6) Notwithstanding any other rule, an amendment or series of amendments to a concurrent resolution on the budget proposed in the Senate shall always be in order if such amendment or series of amendments proposes to change any figure or figures then contained in such concurrent resolution so as to make such concurrent resolution mathematically consistent or so as to maintain such consistency. (c) Action on conference reports in Senate (1) A motion to proceed to the consideration of the conference report on any concurrent resolution on the budget (or a reconciliation bill or resolution) may be made even though a previous motion to the same effect has been disagreed to. (2) During the consideration in the Senate of the conference report (or a message between Houses) on any concurrent resolution on the budget, and all amendments in disagreement, and all amendments thereto, and debatable motions and appeals in connection therewith, debate shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report (or a message between Houses) shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report (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. -SOURCE- (Pub. L. 93-344, title III, Sec. 305, July 12, 1974, 88 Stat. 310; Pub. L. 95-523, title III, Sec. 303(b), (c), Oct. 27, 1978, 92 Stat. 1905, 1906; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1047; Pub. L. 100-119, title II, Sec. 209, Sept. 29, 1987, 101 Stat. 787; Pub. L. 100-203, title VIII, Sec. 8003(d), Dec. 22, 1987, 101 Stat. 1330-282; Pub. L. 101-508, title XIII, Sec. 13209, 13210(1), Nov. 5, 1990, 104 Stat. 1388-619, 1388-620.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (b)(4), means Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended, 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. -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 1990 - Subsec. (c)(1). Pub. L. 101-508, Sec. 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, Sec. 13209(2), inserted '(or a message between Houses)' after 'conference report' wherever appearing. Subsecs. (d), (e). Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 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, Sec. 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. 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, set out as an Effective and Termination Dates note under section 900 of this title. EXERCISE OF CONGRESSIONAL RULEMAKING POWER Subsec. (b)(2) of this section may be waived or suspended only by the affirmative vote of three-fifths of the Senate, see section 904(c) of Pub. L. 93-344, set out as a note under section 621 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 641, 907d of this title. ------DocID 7681 Document 774 of 1400------ -CITE- 2 USC Sec. 637 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 637. Legislation dealing with Congressional budget must be handled by Budget Committees -STATUTE- No bill, resolution, amendment, motion, or conference report, dealing with any matter which is within the jurisdiction of the Committee on the Budget of either House shall be considered in that House unless it is a bill or resolution which has been reported by the Committee on the Budget of that House (or from the consideration of which such committee has been discharged) or unless it is an amendment to such a bill or resolution. -SOURCE- (Pub. L. 93-344, title III, Sec. 306, July 12, 1974, 88 Stat. 313; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1050; Pub. L. 101-508, title XIII, Sec. 13207(a)(1)(D), Nov. 5, 1990, 104 Stat. 1388-617.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 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. 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, set out as an Effective and Termination Dates note under section 900 of this title. APPEALS OF RULINGS Appeal of ruling of the Chair on point of order raised under this section sustained only by affirmative vote of three-fifths of the Senate, see section 271(c) of Pub. L. 99-177, set out as a note under section 901 of this title. EXERCISE OF CONGRESSIONAL RULEMAKING POWER This section may be waived or suspended in the Senate only by affirmative vote of three-fifths of the Senate, see section 904(c) of Pub. L. 93-344, set out as a note under section 621 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 907c, 908 of this title. ------DocID 7682 Document 775 of 1400------ -CITE- 2 USC Sec. 638 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 638. House committee action on all appropriation bills to be completed by June 10 -STATUTE- 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. -SOURCE- (Pub. L. 93-344, title III, Sec. 307, July 12, 1974, 88 Stat. 313; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1051.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- 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.' 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, set out as an Effective and Termination Dates note under section 900 of this title. ------DocID 7683 Document 776 of 1400------ -CITE- 2 USC Sec. 639 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 639. Reports, summaries, and projections of Congressional budget actions -STATUTE- (a) Reports on legislation providing new budget authority, new spending authority, or new credit 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 resolution, or committee amendment thereto, providing new budget authority (other than continuing appropriations), new spending authority described in section 651(c)(2) of this title, or new credit authority, or providing an increase or decrease in revenues or tax expenditures for a fiscal year (or fiscal years), the report accompanying that bill or 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) 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; (C) containing a projection by the Congressional Budget Office of how such measure will affect the levels of such budget authority, budget outlays, spending authority, revenues, tax expenditures, direct loan obligations, or primary loan guarantee commitments 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 (D) 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 resolution provides new budget authority (other than continuing appropriations), new spending authority described in section 651(c)(2) of this title, or new credit authority, or provides an increase or decrease in revenues for a fiscal year (or fiscal years), the statement of managers accompanying such conference report shall contain the information described in paragraph (1), if available on a timely basis. If such information is not available when the conference report is filed, the committee shall make such information available to Members as soon as practicable prior to the consideration of such conference report. (b) Up-to-date tabulations of Congressional budget action (1) The Director of the Congressional Budget Office shall issue to the committees of the House of Representatives and the Senate reports on at least a monthly basis detailing and tabulating the progress of congressional action on bills and resolutions providing new budget authority, new spending authority described in section 651(c)(2) of this title, or new credit 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 resolutions reported by committees or adopted by either House or by the Congress, and with the levels provided by law for the fiscal year preceding the first fiscal year covered by the appropriate concurrent resolution. (2) The Committee on the Budget of each House shall make available to Members of its House summary budget scorekeeping reports. Such reports - (A) shall be made available on at least a monthly basis, but in any case frequently enough to provide Members of each House an accurate representation of the current status of congressional consideration of the budget; (B) shall include, but are not limited to, summaries of tabulations provided under subsection (b)(1) of this section; and (C) shall be based on information provided under subsection (b)(1) of this section without substantive revision. The chairman of the Committee on the Budget of the House of Representatives shall submit such reports to the Speaker. (c) Five-year projection of Congressional budget action As soon as practicable after the beginning of each fiscal year, the Director of the Congressional Budget Office shall issue a report projecting for the period of 5 fiscal years beginning with such fiscal year - (1) total new budget authority and total budget outlays for each fiscal year in such period; (2) revenues to be received and the major sources thereof, and the surplus or deficit, if any, for each fiscal year in such period; (3) tax expenditures for each fiscal year in such period; (4) entitlement authority for each fiscal year in such period; and (5) credit authority for each fiscal year in such period. -SOURCE- (Pub. L. 93-344, title III, Sec. 308, July 12, 1974, 88 Stat. 313; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1051; Pub. L. 101-508, title XIII, Sec. 13206, Nov. 5, 1990, 104 Stat. 1388-617.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 1990 - Subsec. (a)(1). Pub. L. 101-508, Sec. 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, Sec. 13206(b), inserted '(or fiscal years)' after 'fiscal year'. Subsec. (b)(1). Pub. L. 101-508, Sec. 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). 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, set out as an Effective and Termination Dates note under section 900 of this title. ------DocID 7684 Document 777 of 1400------ -CITE- 2 USC Sec. 640 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 640. House approval of regular appropriation bills -STATUTE- 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. -SOURCE- (Pub. L. 93-344, title III, Sec. 309, July 12, 1974, 88 Stat. 314; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1052.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- 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.' 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, set out as an Effective and Termination Dates note under section 900 of this title. ------DocID 7685 Document 778 of 1400------ -CITE- 2 USC Sec. 641 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 641. Reconciliation -STATUTE- (a) Inclusion of reconciliation directives in concurrent resolutions on the budget A concurrent resolution on the budget for any fiscal year, to the extent necessary to effectuate the provisions and requirements of such resolution, shall - (1) specify the total amount by which - (A) new budget authority for such fiscal year; (B) budget authority initially provided for prior fiscal years; (C) new entitlement authority which is to become effective during such fiscal year; and (D) credit authority for such fiscal year, contained in laws, bills, and resolutions within the jurisdiction of a committee, is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount; (2) specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount; (3) specify the amounts by which the statutory limit on the public debt is to be changed and direct the committee having jurisdiction to recommend such change; or (4) specify and direct any combination of the matters described in paragraphs (1), (2), and (3) (including a direction to achieve deficit reduction). (b) Legislative procedure If a concurrent resolution containing directives to one or more committees to determine and recommend changes in laws, bills, or resolutions is agreed to in accordance with subsection (a) of this section, and - (1) only one committee of the House or the Senate is directed to determine and recommend changes, that committee shall promptly make such determination and recommendations and report to its House reconciliation legislation containing such recommendations; or (2) more than one committee of the House or the Senate is directed to determine and recommend changes, each such committee so directed shall promptly make such determination and recommendations and submit such recommendations to the Committee on the Budget of its House, which, upon receiving all such recommendations, shall report to its House reconciliation legislation carrying out all such recommendations without any substantive revision. For purposes of this subsection, a reconciliation resolution is a concurrent resolution directing the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be, to make specified changes in bills and resolutions which have not been enrolled. (c) Compliance with reconciliation directions (1) Any committee of the House of Representatives or the Senate that is directed, pursuant to a concurrent resolution on the budget, to determine and recommend changes of the type described in paragraphs (1) and (2) of subsection (a) of this section with respect to laws within its jurisdiction, shall be deemed to have complied with such directions - (A) if - (i) the amount of the changes of the type described in paragraph (1) of such subsection recommended by such committee do not exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under such paragraph by more than 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 (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 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 (B) if the total amount of the changes recommended by such committee is not less than the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection. (2)(A) Upon the reporting to the Committee on the Budget of the Senate of a recommendation that shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of that committee may file with the Senate appropriately revised allocations under section 633(a) of this title and revised functional levels and aggregates to carry out this subsection. (B) Upon the submission to the Senate of a conference report recommending a reconciliation bill or resolution in which a committee shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of the Committee on the Budget of the Senate may file with the Senate appropriately revised allocations under section 633(a) of this title and revised functional levels and aggregates to carry out this subsection. (C) Allocations, functional levels, and aggregates revised pursuant to this paragraph shall be considered to be allocations, functional levels, and aggregates contained in the concurrent resolution on the budget pursuant to section 632 of this title. (D) Upon the filing of revised allocations pursuant to this paragraph, the reporting committee shall report revised allocations pursuant to section 633(b) of this title to carry out this subsection. (d) Limitation on amendments to reconciliation bills and resolutions (1) It shall not be in order in the House of Representatives to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of increasing any specific budget outlays above the level of such outlays provided in the bill or resolution (for the fiscal years covered by the reconciliation instructions set forth in the most recently agreed to concurrent resolution on the budget), or would have the effect of reducing any specific Federal revenues below the level of such revenues provided in the bill or resolution (for such fiscal years), unless such amendment makes at least an equivalent reduction in other specific budget outlays, an equivalent increase in other specific Federal revenues, or an equivalent combination thereof (for such fiscal years), except that a motion to strike a provision providing new budget authority or new entitlement authority may be in order. (2) It shall not be in order in the Senate to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided (for the fiscal years covered) in the reconciliation instructions which relate to such bill or resolution set forth in a resolution providing for reconciliation, or would have the effect of reducing Federal revenue increases below the level of such revenue increases provided (for such fiscal years) in such instructions relating to such bill or resolution, unless such amendment makes a reduction in other specific budget outlays, an increase in other specific Federal revenues, or a combination thereof (for such fiscal years) at least equivalent to any increase in outlays or decrease in revenues provided by such amendment, except that a motion to strike a provision shall always be in order. (3) Paragraphs (1) and (2) shall not apply if a declaration of war by the Congress is in effect. (4) For purposes of this section, the levels of budget outlays and Federal revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or of the Senate, as the case may be. (5) The Committee on Rules of the House of Representatives may make in order amendments to achieve changes specified by reconciliation directives contained in a concurrent resolution on the budget if a committee or committees of the House fail to submit recommended changes to its Committee on the Budget pursuant to its instruction. (e) Procedure in Senate (1) Except as provided in paragraph (2), the provisions of section 636 of this title for the consideration in the Senate of concurrent resolutions on the budget and conference reports thereon shall also apply to the consideration in the Senate of reconciliation bills reported under subsection (b) of this section and conference reports thereon. (2) Debate in the Senate on any reconciliation bill reported under subsection (b) of this section, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. (f) Completion of reconciliation process It shall not be in order in the House of Representatives to consider any resolution providing for an adjournment period of more than three calendar days during the month of July until the House of Representatives has completed action on the reconciliation legislation for the fiscal year beginning on October 1 of the calendar year to which the adjournment resolution pertains, if reconciliation legislation is required to be reported by the concurrent resolution on the budget for such fiscal year. (g) Limitation on changes to Social Security Act Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconciliation bill or reconciliation resolution reported pursuant to a concurrent resolution on the budget agreed to under section 632 or 635 of this title, or a joint resolution pursuant to section 907d of this title, or any amendment thereto or conference report thereon, that contains recommendations with respect to the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.). -SOURCE- (Pub. L. 93-344, title III, Sec. 310, July 12, 1974, 88 Stat. 315; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1053; Pub. L. 101-508, title XIII, Sec. 13112(a)(9), 13207(c), (d), 13210(2), Nov. 5, 1990, 104 Stat. 1388-608, 1388-618 to 1388-620.) -REFTEXT- 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 (Sec. 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. -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 1990 - Subsec. (a)(4). Pub. L. 101-508, Sec. 13207(d), inserted before period at end '(including a direction to achieve deficit reduction)'. Subsec. (c). Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 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). 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, set out as an Effective and Termination Dates note under section 900 of this title. SENATE WAIVER OF LIMITATION ON AMENDMENTS TO RECONCILIATION BILLS AND RESOLUTIONS Waiver or suspension of subsecs. (d) and (g) of this section only by affirmative vote of three-fifths of the Senate, except with regard to joint resolutions reported or discharged pursuant to section 904(a) of this title, see section 271(b) of Pub. L. 99-177, set out as a Waivers and Suspensions in the Senate note under section 901 of this title. APPEALS OF RULINGS Appeal of ruling of the Chair on point of order raised under subsec. (d) or (g) of this section sustained only by affirmative vote of three-fifths of the Senate, see section 271(c) of Pub. L. 99-177, set out as a note under section 901 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 632, 644, 665c, 907a, 907d of this title. ------DocID 7686 Document 779 of 1400------ -CITE- 2 USC Sec. 642 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 642. New budget authority, new spending authority, and revenue legislation to be within appropriate levels -STATUTE- (a) Legislation subject to point of order (1) Except as provided by subsection (b) of this section, after the Congress has completed action on a concurrent resolution on the budget for a fiscal year, it shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report providing new budget authority for such fiscal year, providing new entitlement authority effective during such fiscal year, or reducing revenues for such fiscal year,, (FOOTNOTE 1) if - (FOOTNOTE 1) So in original. (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 appropriate level of total new budget authority or total budget outlays set forth in the most recently agreed to concurrent resolution on the budget for such fiscal year to be exceeded, or would cause revenues to be less than the appropriate level of total revenues set forth in such concurrent resolution except in the case that a declaration of war by the Congress is in effect. (2)(A) After the Congress has completed action on a concurrent resolution on the budget, it shall not be in order in the Senate to consider any bill, resolution, amendment, motion, or conference report that would cause the appropriate level of total new budget authority or total budget outlays or social security outlays set forth for the first fiscal year in the most recently agreed to concurrent resolution on the budget covering such fiscal year to be exceeded, or would cause revenues to be less than the appropriate level of total revenues (or social security revenues to be less than the appropriate level of social security revenues) set forth for the first fiscal year covered by the resolution and for the period including the first fiscal year plus the following 4 fiscal years in such concurrent resolution. (B) In applying this paragraph - (i)(I) estimated social security outlays shall be deemed to be reduced by the excess of estimated social security revenues (including those provided for in the bill, resolution, amendment, or conference report with respect to which this subsection is applied) over the appropriate level of Social Security revenues specified in the most recently agreed to concurrent resolution on the budget; (II) estimated social security revenues shall be deemed to be increased to the extent that estimated social security outlays are less (taking into account the effect of the bill, resolution, amendment, or conference report to which this subsection is being applied) than the appropriate level of social security outlays in the most recently agreed to concurrent resolution on the budget; and (ii)(I) estimated Social Security outlays shall be deemed to be increased by the shortfall of estimated social security revenues (including Social Security revenues provided for in the bill, resolution, amendment, or conference report with respect to which this subsection is applied) below the appropriate level of social security revenues specified in the most recently adopted concurrent resolution on the budget; and (II) estimated social security revenues shall be deemed to be reduced by the excess of estimated social security outlays (including social security outlays provided for in the bill, resolution, amendment, or conference report with respect to which this subsection is applied) above the appropriate level of social security outlays specified in the most recently adopted concurrent resolution on the budget; and (iii) 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 (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. 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 reflect the application of the preceding sentence. Such revised allocations, functional levels, and aggregates shall be considered as allocations, functional levels, and aggregates contained in the most recently agreed to concurrent resolution on the budget, and the appropriate committees shall report revised allocations pursuant to section 633(b) of this title. (b) Exception in House Subsection (a) of this section shall not apply in the House of Representatives to any bill, resolution, or amendment which provides new budget authority or new entitlement authority effective during such fiscal year, or to any conference report on any such bill or resolution, if - (1) the enactment of such bill or resolution as reported; (2) the adoption and enactment of such amendment; or (3) the enactment of such bill or resolution in the form recommended in such conference report, would not cause the appropriate allocation of new discretionary budget authority or new entitlement authority made pursuant to section 633(a) of this title for such fiscal year, for the committee within whose jurisdiction such bill, resolution, or amendment falls, to be exceeded. (c) Determination of budget levels 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 House of Representatives or of the Senate, as the case may be. -SOURCE- (Pub. L. 93-344, title III, Sec. 311, July 12, 1974, 88 Stat. 316; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1055; Pub. L. 100-119, title I, Sec. 106(e)(1), Sept. 29, 1987, 101 Stat. 781; Pub. L. 101-508, title XIII, Sec. 13112(a)(10), 13207(a)(1)(E), 13303(d), Nov. 5, 1990, 104 Stat. 1388-608, 1388-617, 1388-626.) -REFTEXT- REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in subsec. (a)(2)(B)(iii), is classified generally to Title 26, Internal Revenue Code. -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 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). 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, set out as an Effective and Termination Dates note under section 900 of this title. APPEALS OF RULINGS Appeal of ruling of the Chair on point of order raised under subsec. (a) of this section sustained only by affirmative vote of three-fifths of the Senate, see section 271(c) of Pub. L. 99-177, set out as a note under section 901 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 665d, 665e, 907a of this title. ------DocID 7687 Document 780 of 1400------ -CITE- 2 USC Sec. 643 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 643. Effects of points of order -STATUTE- (a) (FOOTNOTE 1) Points of order in Senate against amendments between Houses (FOOTNOTE 1) Subsection designation editorially supplied. 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 Presiding Officer sustains the point of order, the effect shall be the same as if the Senate had disagreed to the amendment. (b) Effect of a point of order on a bill in Senate In the Senate, if the Chair sustains a point of order under this Act against a bill, the Chair shall then send the bill to the committee of appropriate jurisdiction for further consideration. -SOURCE- (Pub. L. 93-344, title III, Sec. 312, as added Pub. L. 101-508, title XIII, Sec. 13207(b)(1), Nov. 5, 1990, 104 Stat. 1388-618.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended, 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. ------DocID 7688 Document 781 of 1400------ -CITE- 2 USC Sec. 644 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER I -HEAD- Sec. 644. Extraneous matter in reconciliation legislation -STATUTE- (a) In general When the Senate is considering a reconciliation bill or a reconciliation resolution pursuant to section 641 of this title (whether that bill or resolution originated in the Senate or the House) or section 907d of this title, upon a point of order being made by any Senator against material extraneous to the instructions to a committee which is contained in any title or provision of the bill or resolution or offered as an amendment to the bill or resolution, and the point of order is sustained by the Chair, any part of said title or provision that contains material extraneous to the instructions to said Committee as defined in subsection (b) of this section shall be deemed stricken from the bill and may not be offered as an amendment from the floor. (b) Extraneous provisions (1)(A) Except as provided in paragraph (2), a provision of a reconciliation bill or reconciliation resolution considered pursuant to section 641 of this title shall be considered extraneous if such provision does not produce a change in outlays or revenues, including changes in outlays and revenues brought about by changes in the terms and conditions under which outlays are made or revenues are required to be collected (but a provision in which outlay decreases or revenue increases exactly offset outlay increases or revenue decreases shall not be considered extraneous by virtue of this subparagraph); (B) any provision producing an increase in outlays or decrease in revenues shall be considered extraneous if the net effect of provisions reported by the committee reporting the title containing the provision is that the committee fails to achieve its reconciliation instructions; (C) a provision that is not in the jurisdiction of the committee with jurisdiction over said title or provision shall be considered extraneous; (D) a provision shall be considered extraneous if it produces changes in outlays or revenues which are merely incidental to the non-budgetary components of the provision; (E) a provision shall be considered to be extraneous if it increases, or would increase, net outlays, or if it decreases, or would decrease, revenues during a fiscal year after the fiscal years covered by such reconciliation bill or reconciliation resolution, and such increases or decreases are greater than outlay reductions or revenue increases resulting from other provisions in such title in such year; and (F) a provision shall be considered extraneous if it violates section 641(g) of this title. (2) A Senate-originated provision shall not be considered extraneous under paragraph (1)(A) if the Chairman and Ranking Minority Member of the Committee on the Budget and the Chairman and Ranking Minority Member of the Committee which reported the provision certify that: (A) the provision mitigates 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) (FOOTNOTE 1) Point of order (FOOTNOTE 1) So in original. Two subsecs. (c) have been enacted. 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) of this section, and (2) such point of order being sustained, such material contained in such conference report or amendment shall be deemed stricken, and the Senate shall proceed, without intervening action or motion, to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable for two hours. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (c) (FOOTNOTE 1) 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) 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. (e) Determination of levels 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. -SOURCE- (Pub. L. 93-344, title III, Sec. 313, formerly Pub. L. 99-272, title XX, Sec. 20001, Apr. 7, 1986, 100 Stat. 390, as amended Pub. L. 99-509, title VII, Sec. 7006, Oct. 21, 1986, 100 Stat. 1949; Pub. L. 100-119, title II, Sec. 205(a), (b), Sept. 29, 1987, 101 Stat. 784; redesignated Sec. 313 of Pub. L. 93-344 and amended Pub. L. 101-508, title XIII, Sec. 13214(a)-(b)(4), Nov. 5, 1990, 104 Stat. 1388-621, 1388-622.) -COD- 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) 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. -MISC3- AMENDMENTS 1990 - Pub. L. 101-508, Sec. 13214(b)(2)(A), inserted 'Extraneous matter in reconciliation legislation' as section catchline. Pub. L. 101-508, Sec. 13214(b)(1), redesignated section 20001 of Pub. L. 99-272 as this section. Subsec. (a). Pub. L. 101-508, Sec. 13214(a)(1)(A), inserted heading 'In general'. Pub. L. 101-508, Sec. 13214(b)(4)(B), substituted 'subsection (b) of this section' for 'subsection (d) of this section'. Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 13214(a)(2), inserted heading 'Extraneous provisions'. Subsec. (b)(1)(A). Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 13214(a)(4)-(6), added subpar. (F). Subsec. (b)(2). Pub. L. 101-508, Sec. 13214(a)(7), substituted 'A Senate-originated provision' for 'A provision'. Subsec. (b)(2)(C). Pub. L. 101-508, Sec. 13214(b)(4)(C), inserted 'or' after 'scorekeeping purposes;'. Subsec. (c). Pub. L. 101-508, Sec. 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, Sec. 13214(b)(4)(E), substituted '(b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F) of this section' for '(d)(1)(A) or (d)(1)(D) of section 20001 of the Consolidated Omnibus Budget Reconciliation Act of 1985'. Pub. L. 101-508, Sec. 13214(b)(4)(D), substituted 'When' for 'when'. Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 13214(b)(2)(C), redesignated subsec. (e), relating to extraneous materials, as (c). Pub. L. 101-508, Sec. 13214(b)(2)(B), struck out subsec. (c) which provided for effective and termination dates of this section. Subsec. (d). Pub. L. 101-508, Sec. 13214(b)(2)(C), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (b). Subsecs. (e) to (g). Pub. L. 101-508, Sec. 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, Sec. 205(a), substituted 'September 30, 1992' for 'January 2, 1988'. Subsec. (d)(1)(E). Pub. L. 100-119, Sec. 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, Sec. 7006(b), substituted 'January 2, 1988' for 'January 2, 1987'. Pub. L. 99-509, Sec. 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, Sec. 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, Sec. 7006(a)(2), substituted 'the provision mitigates' for 'it is designed to mitigate the'. Subsec. (d)(2)(B). Pub. L. 99-509, Sec. 7006(a)(3), substituted 'the provision' for 'it'. Subsec. (d)(3). Pub. L. 99-509, Sec. 7006(a)(4), added par. (3). ------DocID 7689 Document 782 of 1400------ -CITE- 2 USC SUBCHAPTER II -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER II -HEAD- SUBCHAPTER II - FISCAL PROCEDURES -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 632, 907b, 907c, 908 of this title. ------DocID 7690 Document 783 of 1400------ -CITE- 2 USC Sec. 651 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER II -HEAD- Sec. 651. Bills providing new spending authority -STATUTE- (a) Controls on legislation providing spending authority 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. (b) Legislation providing entitlement authority (1) 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. (2) If any committee of the House of Representatives or the Senate reports any bill or resolution which provides new spending authority described in subsection (c)(2)(C) of this section which is to become effective during a fiscal year and the amount of new budget authority which will be required for such fiscal year if such bill or resolution is enacted as so reported exceeds the appropriate allocation of new budget authority reported under section 633(b) of this title in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year, such bill or resolution shall then be referred to the Committee on Appropriations of that House 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) Definitions (1) For purposes of this section, the term 'new spending authority' means spending authority not provided by law on the effective date of this Act, including any increase in or addition to spending authority provided by law on such date. (2) For purposes of paragraph (1), the term 'spending authority' means authority (whether temporary or permanent) - (A) to enter into contracts under which the United States is obligated to make outlays, the budget authority for which is not provided in advance by appropriation Acts; (B) to incur indebtedness (other than indebtedness incurred under chapter 31 of title 31) for the repayment of which the United States is liable, the budget authority for which is not provided in advance by appropriation Acts; (C) 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 such authority, the United States is obligated to make such payments to persons or governments who meet the requirements established by such law; (D) to forego the collection by the United States of proprietary offsetting receipts, the budget authority for which is not provided in advance by appropriation Acts to offset such foregone receipts; and (E) to make payments by the United States (including loans, grants, and payments from revolving funds) other than those covered by subparagraph (A), (B), (C), or (D), the budget authority for which is not provided in advance by appropriation Acts. Such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government. (d) Exceptions (1) Subsections (a) and (b) of this section shall not apply to new spending authority if the budget authority for outlays which will result from such new spending authority is derived - (A) from a trust fund established by the Social Security Act (as in effect on July 12, 1974) (42 U.S.C. 301 et seq.); or (B) from any other trust fund, 90 percent or more of the receipts of which consist or will consist of amounts (transferred from the general fund of the Treasury) equivalent to amounts of taxes (related to the purposes for which such outlays are or will be made) received in the Treasury under specified provisions of the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). (2) Subsections (a) and (b) of this section shall not apply to new spending authority which is an amendment to or extension of chapter 67 of title 31, (FOOTNOTE 1) 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. (FOOTNOTE 1) See References in Text note below. (3) Subsections (a) and (b) of this section shall not apply to new spending authority 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. -SOURCE- (Pub. L. 93-344, title IV, Sec. 401, July 12, 1974, 88 Stat. 317; Pub. L. 99-177, title II, Sec. 211, Dec. 12, 1985, 99 Stat. 1056; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-508, title XIII, Sec. 13207(a)(1)(F), (G), Nov. 5, 1990, 104 Stat. 1388-617, 1388-618.) -REFTEXT- REFERENCES IN TEXT The effective date of this Act, referred to in subsec. (c)(1), is the effective date of Pub. L. 93-344, see section 905 of Pub. L. 93-344, set out as an Effective Date note under section 621 of this title. The Social Security Act, referred to in subsec. (d)(1)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (Sec. 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. (d)(1)(B), is classified generally to Title 26, Internal Revenue Code. Chapter 67 of title 31, referred to in subsec. (d)(2), was repealed by Pub. L. 99-272, title XIV, Sec. 14001(a)(1), Apr. 7, 1986, 100 Stat. 327. See also Codification note below. -COD- CODIFICATION In subsec. (d)(2), (3)(A), 'chapter 67 of title 31' and 'that chapter' were substituted for 'the State and Local Fiscal Assistance Act of 1972 (31 U.S.C. 1221 et seq.)' and 'that Act', and '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, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. See also References in Text note above. 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-508, Sec. 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, Sec. 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). 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, set out as an Effective and Termination Dates note under section 900 of this title. EFFECTIVE DATE Section 905(c) of Pub. L. 93-344 provided that except as provided in section 906 of Pub. L. 93-344 (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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 622, 633, 634, 639, 654, 907c, 908 of this title; title 7 section 6617; title 15 section 4110; title 16 section 543h; title 22 section 3671; title 25 sections 1300h-8, 1771d; title 42 sections 1962d-19, 10309, 11709; title 43 section 390g-7; title 45 section 829; title 50 App. section 1989b-9. ------DocID 7691 Document 784 of 1400------ -CITE- 2 USC Sec. 652 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER II -HEAD- Sec. 652. Legislation providing new credit authority -STATUTE- (a) Controls on legislation providing new credit authority 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 credit authority described in subsection (b)(1) of this section, unless that bill, resolution, conference report, or amendment also provides that such new credit authority is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. (b) 'New credit authority' defined For purposes of this Act, the term 'new credit authority' means credit authority (as defined in section 622(10) of this title) not provided by law on the effective date of this section, including any increase in or addition to credit authority provided by law on such date. -SOURCE- (Pub. L. 93-344, title IV, Sec. 402, July 12, 1974, 88 Stat. 318; Pub. L. 99-177, title II, Sec. 212, Dec. 12, 1985, 99 Stat. 1058; Pub. L. 101-508, title XIII, Sec. 13207(a)(1)(H), Nov. 5, 1990, 104 Stat. 1388-618.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (b), means Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended, 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 effective date of this section, referred to in subsec. (b), probably refers to Feb. 1, 1986, the date on which the amendment of this section by section 212 of Pub. L. 99-177 became effective. See section 275(a)(2)(B) of Pub. L. 99-177, set out as a note under section 631 of this title. -COD- CODIFICATION Section was formerly classified to section 1352 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-508 substituted 'bill, joint resolution, amendment, motion, or conference report' for 'bill, resolution, or conference report' and struck out 'or any amendment' after 'as reported to its House,'. 1985 - Pub. L. 99-177 substituted 'Legislation providing new credit authority' for 'Reporting of authorizing legislation' in section catchline. Subsec. (a). Pub. L. 99-177 substituted provisions relating to controls on legislation providing new credit authority, for provisions relating to the required reporting date for legislation authorizing new budget authority. Subsec. (b). Pub. L. 99-177 substituted provisions defining 'new credit authority', for provisions relating to emergency waiver in the House of reporting requirements under subsec. (a). Subsec. (c). Pub. L. 99-177 struck out subsec. (c) which related to waiver of reporting requirements in the Senate. Subsec. (d). Pub. L. 99-177 struck out subsec. (d) which related to consideration of certain bills and resolutions received from other House. Subsec. (e). Pub. L. 99-177 struck out subsec. (e) which related to inapplicability of subsec. (a) to new spending or budget authority. Subsec. (f). Pub. L. 99-177 struck out subsec. (f) which related to study of existing spending authority and permanent appropriations. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-177 effective Feb. 1, 1986, see section 275(a)(2)(B) of Pub. L. 99-177, set out as an Effective and Termination Dates note under section 900 of this title. EFFECTIVE DATE Section 905(c) of Pub. L. 93-344 provided that except as provided in section 906 of Pub. L. 93-344 (set out as a note under section 632 of this title) this section shall apply with respect to the fiscal year beginning on Oct. 1, 1976, and succeeding fiscal years. ------DocID 7692 Document 785 of 1400------ -CITE- 2 USC Sec. 653 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER II -HEAD- Sec. 653. Analysis by Congressional Budget Office -STATUTE- (a) 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) 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; (3) a comparison of the estimates of costs described in paragraph (1) and (2) with any available estimates of costs made by such committee or by any Federal agency; and (4) 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. (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. -SOURCE- (Pub. L. 93-344, title IV, Sec. 403, July 12, 1974, 88 Stat. 320; Pub. L. 97-108, Sec. 2(a), Dec. 23, 1981, 95 Stat. 1510; Pub. L. 99-177, title II, Sec. 213, Dec. 12, 1985, 99 Stat. 1059.) -COD- CODIFICATION In subsec. (b), 'section 6501 of title 31' substituted for 'section 103 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4201)' on authority of Pub. L. 97-258, Sec. 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 1353 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 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, Sec. 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, Sec. 2(a)(7), added subsecs. (b) and (c). 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, set out as an Effective and Termination Dates note under section 900 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Section 2(b) of Pub. L. 97-108 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, set out as an Effective Date note under section 621 of this title. AUTHORIZATION OF APPROPRIATIONS Section 3 of Pub. L. 97-108 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 Section 4 of Pub. L. 97-108, 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, Sec. 204, Sept. 29, 1987, 101 Stat. 784. ------DocID 7693 Document 786 of 1400------ -CITE- 2 USC Sec. 654 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER II -HEAD- Sec. 654. Study by General Accounting Office of forms of Federal financial commitment not reviewed annually by Congress -STATUTE- The General Accounting Office shall study those provisions of law which provide spending authority as described by section 651(c)(2) of this title and which provide permanent appropriations, 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. -SOURCE- (Pub. L. 93-344, title IV, Sec. 405, as added Pub. L. 99-177, title II, Sec. 214, Dec. 12, 1985, 99 Stat. 1059.) -MISC1- 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, set out as an Effective and Termination Dates note under section 900 of this title. ------DocID 7694 Document 787 of 1400------ -CITE- 2 USC Sec. 655 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER II -HEAD- Sec. 655. Off-budget agencies, programs, and activities -STATUTE- (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. -SOURCE- (Pub. L. 93-344, title IV, Sec. 406, as added Pub. L. 99-177, title II, Sec. 214, Dec. 12, 1985, 99 Stat. 1059.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended, 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. -MISC2- 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, set out as an Effective and Termination Dates note under section 900 of this title. ------DocID 7695 Document 788 of 1400------ -CITE- 2 USC Sec. 656 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER II -HEAD- Sec. 656. Member User Group -STATUTE- 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. -SOURCE- (Pub. L. 93-344, title IV, Sec. 407, as added Pub. L. 99-177, title II, Sec. 214, Dec. 12, 1985, 99 Stat. 1060.) -MISC1- 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, set out as an Effective and Termination Dates note under section 900 of this title. ------DocID 7696 Document 789 of 1400------ -CITE- 2 USC SUBCHAPTER III -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER III -HEAD- SUBCHAPTER III - CREDIT REFORM -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 622 of this title. ------DocID 7697 Document 790 of 1400------ -CITE- 2 USC Sec. 661 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER III -HEAD- Sec. 661. Purposes -STATUTE- 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. -SOURCE- (Pub. L. 93-344, title V, Sec. 501, as added Pub. L. 101-508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-610.) -MISC1- PRIOR PROVISIONS A prior section 661, Pub. L. 93-344, title VI, Sec. 606, July 12, 1974, 88 Stat. 325, which 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, was repealed by Pub. L. 99-177, title II, Sec. 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, which was classified to section 1020 of former Title 31, was repealed and reenacted as section 1102 of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31. ------DocID 7698 Document 791 of 1400------ -CITE- 2 USC Sec. 661a -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER III -HEAD- Sec. 661a. Definitions -STATUTE- 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. 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, 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 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. (D) 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. (E) In estimating net present values, the discount rate shall be the average interest rate on marketable Treasury securities of similar maturity to the direct loan or loan guarantee for which the estimate is being made. (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 'Director' means the Director of the Office of Management and Budget. -SOURCE- (Pub. L. 93-344, title V, Sec. 502, as added Pub. L. 101-508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-610.) -MISC1- PRIOR PROVISIONS A prior section 502 of Pub. L. 93-344, title V, July 12, 1974, 88 Stat. 321, which was set out as a note under section 1020 of former Title 31, was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068. ------DocID 7699 Document 792 of 1400------ -CITE- 2 USC Sec. 661b -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER III -HEAD- Sec. 661b. OMB and CBO analysis, coordination, and review -STATUTE- (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. -SOURCE- (Pub. L. 93-344, title V, Sec. 503, as added Pub. L. 101-508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-611.) -MISC1- PRIOR PROVISIONS A prior section 503 of Pub. L. 93-344, title V, July 12, 1974, 88 Stat. 321, which was classified to section 701 of former Title 31, was repealed and reenacted in section 1552(a) of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31. ------DocID 7700 Document 793 of 1400------ -CITE- 2 USC Sec. 661c -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER III -HEAD- Sec. 661c. Budgetary treatment -STATUTE- (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) appropriations of budget authority to cover their costs are made in advance; (2) a limitation on the use of funds otherwise available for the cost of a direct loan or loan guarantee program is enacted; or (3) authority is otherwise provided in appropriation Acts. (c) Exemption for mandatory programs Subsection (b) of this section shall not apply to a direct loan or loan guarantee program that - (1) constitutes an entitlement (such as the guaranteed student loan program or the veterans' home loan guaranty program); or (2) all existing credit programs of the Commodity Credit Corporation on November 5, 1990. (d) Budget accounting (1) The authority to incur new direct loan obligations, make new loan guarantee commitments, or directly or indirectly alter the costs of outstanding direct loans and loan guarantees 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 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. (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. -SOURCE- (Pub. L. 93-344, title V, Sec. 504, as added Pub. L. 101-508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-612.) -MISC1- PRIOR PROVISIONS A prior section 504 of Pub. L. 93-344, title V, July 12, 1974, 88 Stat. 322, which was classified to section 1020a of former Title 31, was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068. ------DocID 7701 Document 794 of 1400------ -CITE- 2 USC Sec. 661d -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER III -HEAD- Sec. 661d. Authorizations -STATUTE- (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. The authorities described above shall not be construed to supercede 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 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. (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. -SOURCE- (Pub. L. 93-344, title V, Sec. 505, as added Pub. L. 101-508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-613.) -MISC1- 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. ------DocID 7702 Document 795 of 1400------ -CITE- 2 USC Sec. 661e -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER III -HEAD- Sec. 661e. Treatment of deposit insurance and agencies and other insurance programs -STATUTE- (a) (FOOTNOTE 1) In general (FOOTNOTE 1) So in original. Section enacted without a subsec. (b). (1) 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. (2) 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. (3) For the purposes of paragraph (2), the Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate these studies. -SOURCE- (Pub. L. 93-344, title V, Sec. 506, as added Pub. L. 101-508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-614.) -MISC1- 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. ------DocID 7703 Document 796 of 1400------ -CITE- 2 USC Sec. 661f -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER III -HEAD- Sec. 661f. Effect on other laws -STATUTE- (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. -SOURCE- (Pub. L. 93-344, title V, Sec. 507, as added Pub. L. 101-508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-614.) ------DocID 7704 Document 797 of 1400------ -CITE- 2 USC SUBCHAPTER IV -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER IV -HEAD- SUBCHAPTER IV - BUDGET AGREEMENT ENFORCEMENT PROVISIONS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 907a, 907b of this title. ------DocID 7705 Document 798 of 1400------ -CITE- 2 USC Sec. 665 -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER IV -HEAD- Sec. 665. Definitions and point of order -STATUTE- (a) Definitions As used in this subchapter and for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985: (1) Maximum deficit amount The term 'maximum deficit amount' means - (A) with respect to fiscal year 1991, $327,000,000,000; (B) with respect to fiscal year 1992, $317,000,000,000; (C) with respect to fiscal year 1993, $236,000,000,000; (D) with respect to fiscal year 1994, $102,000,000,000; and (E) with respect to fiscal year 1995, $83,000,000,000; as adjusted in strict conformance with sections 251, 252, and 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901, 902, 903). (2) Discretionary spending limit The term 'discretionary spending limit' means - (A) with respect to fiscal year 1991 - (i) for the defense category: $288,918,000,000 in new budget authority and $297,660,000,000 in outlays; (ii) for the international category: $20,100,000,000 in new budget authority and $18,600,000,000 in outlays; and (iii) for the domestic category: $182,700,000,000 in new budget authority and $198,100,000,000 in outlays; (B) with respect to fiscal year 1992 - (i) for the defense category: $291,643,000,000 in new budget authority and $295,744,000,000 in outlays; (ii) for the international category: $20,500,000,000 in new budget authority and $19,100,000,000 in outlays; and (iii) for the domestic category: $191,300,000,000 in new budget authority and $210,100,000,000 in outlays; (C) with respect to fiscal year 1993 - (i) for the defense category: $291,785,000,000 in new budget authority and $292,686,000,000 in outlays; (ii) for the international category: $21,400,000,000 in new budget authority and $19,600,000,000 in outlays; and (iii) for the domestic category: $198,300,000,000 in new budget authority and $221,700,000,000 in outlays; (D) with respect to fiscal year 1994, for the discretionary category: $510,800,000,000 in new budget authority and $534,800,000,000 in outlays; and (E) with respect to fiscal year 1995, for the discretionary category: $517,700,000,000 in new budget authority and $540,800,000,000 in outlays; as adjusted in strict conformance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901). (b) Point of order in Senate on aggregate allocations for defense, international, and domestic discretionary spending (1) Except as provided in paragraph (3), it shall not be in order in the Senate to consider any concurrent resolution on the budget for fiscal year 1992, 1993, 1994, or 1995 (or amendment, motion, or conference report on such a resolution), or any appropriations bill or resolution (or amendment, motion, or conference report on such an appropriations bill or resolution) for fiscal year 1992 or 1993 that would exceed the allocations in this section or the suballocations made under section 665a(b) of this title based on these allocations. (3) (FOOTNOTE 1) For purposes of this subsection, the levels of new budget authority and outlays for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the Senate. (FOOTNOTE 1) Subsec. (b) enacted without a par. (2). (4) 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 (FOOTNOTE 2) of the Balanced Budget and Emergency Deficit Control Act of 1985 has been enacted. (FOOTNOTE 2) There are two sections 258. See References in Text note below. -SOURCE- (Pub. L. 93-344, title VI, Sec. 601, as added Pub. L. 101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat. 1388-602.) -REFTEXT- REFERENCES IN TEXT The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (a), is title II of Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (Sec. 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. There are two sections 258 of such Act, referrecd to in subsec. (b)(4), which are classified, respectively, to sections 907a and 908 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. -MISC2- PRIOR PROVISIONS A prior section 601 of Pub. L. 93-344, title VI, July 12, 1974, 88 Stat. 323, which was classified to section 11 of former Title 31, was repealed and reenacted as sections 1105(a)(15), 1106(b), and 1108(d) of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31. EFFECTIVE DATE Section 607 of title VI of Pub. L. 93-344, as added by Pub. L. 101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat. 1388-607, provided that: 'This title (enacting this subchapter) shall take effect upon its date of enactment (Nov. 5, 1990) and shall apply to fiscal years 1991 to 1995.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 665d, 665e, 900, 903 of this title. ------DocID 7706 Document 799 of 1400------ -CITE- 2 USC Sec. 665a -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER IV -HEAD- Sec. 665a. Committee allocations and enforcement -STATUTE- (a) Committee spending allocations (1) House of Representatives (A) Allocation among committees The joint explanatory statement accompanying a conference report on a budget resolution shall include allocations, consistent with the resolution recommended in the conference report, of the appropriate levels (for each fiscal year covered by that resolution and a total for all such years) of - (i) total new budget authority, (ii) total entitlement authority, and (iii) total outlays; among each committee of the House of Representatives that has jurisdiction over legislation providing or creating such amounts. (B) No double counting Any item allocated to one committee of the House of Representatives may not be allocated to another such committee. (C) Further division of amounts 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 for each fiscal year shall be further divided between discretionary and mandatory amounts or programs, as appropriate. (2) Senate allocation among committees The joint explanatory statement accompanying a conference report on a budget resolution shall include an allocation, consistent with the resolution recommended in the conference report, of the appropriate levels of - (A) total new budget authority; (B) total outlays; and (C) social security outlays; among each committee of the Senate that has jurisdiction over legislation providing or creating such amounts. (3) Amounts not allocated (A) In the House of Representatives, if a committee receives no allocation of new budget authority, entitlement authority, or outlays, that committee shall be deemed to have received an allocation equal to zero for new budget authority, entitlement authority, or outlays. (B) In the Senate, if a committee receives no allocation of new budget authority, outlays, or social security outlays, that committee shall be deemed to have received an allocation equal to zero for new budget authority, outlays, or social security outlays. (b) Suballocations by committees (1) Suballocations by Appropriations Committees As soon as practicable after a budget resolution 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)(1)(A) or (a)(2) of this section among its subcommittees. Each Committee on Appropriations shall promptly report to its House suballocations made or revised under this paragraph. (2) Suballocations by other committees of the Senate Each other committee of the Senate to which an allocation under subsection (a)(2) of this section is made in the joint explanatory statement may subdivide each amount allocated to it under subsection (a) of this section among its subcommittees or among programs over which it has jurisdiction and shall promptly report any such suballocations to the Senate. Section 633(c) of this title shall not apply in the Senate to committees other than the Committee on Appropriations. (c) Application of section 633(f) of this title to this section In fiscal years through 1995, reference in section 633(f) of this title to the appropriate allocation made pursuant to section 633(b) of this title for a fiscal year shall, for purposes of this section, be deemed to be a reference to any allocation made under subsection (a) of this section or any suballocation made under subsection (b) of this section, as applicable, for the fiscal year of the resolution or for the total of all fiscal years made by the joint explanatory statement accompanying the applicable concurrent resolution on the budget. In the House of Representatives, the preceding sentence shall not apply with respect to fiscal year 1991. (d) Application of subsections (a) and (b) to fiscal years 1992 to 1995 In the case of concurrent resolutions on the budget for fiscal years 1992 through 1995, allocations shall be made under subsection (a) of this section instead of section 633(a) of this title and shall be made under subsection (b) of this section instead of section 633(b) of this title. For those fiscal years, all references in sections (FOOTNOTE 1) 633(c), (d), (e), (f), and (g) of this title to section 633(a) of this title shall be deemed to be to subsection (a) of this section (including revisions made under section 665c of this title) and all such references to section 633(b) of this title shall be deemed to be to subsection (b) of this section (including revisions made under section 665c of this title). (FOOTNOTE 1) So in original. Probably should be 'section'. (e) Pay-as-you-go exception in House (1) (FOOTNOTE 2) Section 633(f)(1) of this title and, after April 15 of any calendar year section 634(a) of this title, 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 - (FOOTNOTE 2) Par. (1) designation supplied editorially. (1) the enactment of such bill or resolution as reported; (2) the adoption and enactment of such amendment; or (3) the enactment of such bill or resolution in the form recommended in such conference report, would not increase the deficit for any such fiscal year, 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. (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 section 633(f)(1) of this title but for the exception provided in paragraph (1), the chairman of the Committee on the Budget of the House of Representatives may file with the House appropriately revised allocations under section 633(a) of this title and revised functional levels and budget aggregates to reflect that bill. (B) such (FOOTNOTE 3) 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. (FOOTNOTE 3) So in original. Probably should be 'Such'. -SOURCE- (Pub. L. 93-344, title VI, Sec. 602, as added Pub. L. 101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat. 1388-603.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (e)(2)(B), means Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended, 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. -MISC2- PRIOR PROVISIONS A prior section 602 of Pub. L. 93-344, title VI, July 12, 1974, 88 Stat. 324, which was classified to section 11 of former Title 31, was repealed and reenacted as section 1106(a) of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 665, 665b of this title. ------DocID 7707 Document 800 of 1400------ -CITE- 2 USC Sec. 665b -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER IV -HEAD- Sec. 665b. Consideration of legislation before adoption of budget resolution for that fiscal year -STATUTE- (a) Adjusting Section Allocation of Discretionary Spending. - 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, a section 602(a) (2 U.S.C. 665a(a)) allocation to the Committee on Appropriations consistent with the discretionary spending limits contained in the most recent budget submitted by the President under section 1105(a) of title 31. Such allocation shall include the full allowance specified under section 901(b)(2)(E)(i) of this title. (b) As soon as practicable after a section 602(a) (2 U.S.C. 665a(a)) allocation is submitted under this section, the Committee on Appropriations shall make suballocations and promptly report those suballocations to the House of Representatives. -SOURCE- (Pub. L. 93-344, title VI, Sec. 603, as added Pub. L. 101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat. 1388-605.) -MISC1- PRIOR PROVISIONS A prior section 603 of Pub. L. 93-344, title VI, July 12, 1974, 88 Stat. 324, which was classified to section 11 of former Title 31, was repealed and reenacted in section 1105(a)(1)-(14) of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31. ------DocID 7708 Document 801 of 1400------ -CITE- 2 USC Sec. 665c -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER IV -HEAD- Sec. 665c. Reconciliation directives regarding pay-as-you-go requirements -STATUTE- (a) Instructions to effectuate pay-as-you-go in House of Representatives If legislation providing for a net reduction in revenues in any fiscal year (that, within the same measure, is not fully offset in that fiscal year by reductions in direct spending) is enacted, the Committee on the Budget of the House of Representatives may report, within 15 legislative days during a Congress, a pay-as-you-go reconciliation directive in the form of a concurrent resolution - (1) specifying the total amount by which revenues sufficient to eliminate the net deficit increase resulting from that legislation in each fiscal year are to be changed; and (2) directing that the committees having jurisdiction determine and recommend changes in the revenue law, bills, and resolutions to accomplish a change of such total amount. (b) Consideration of pay-as-you-go reconciliation legislation in House of Representatives In the House of Representatives, subsections (b) through (d) of section 641 of this title shall apply in the same manner as if the reconciliation directive described in subsection (a) of this section were a concurrent resolution on the budget. -SOURCE- (Pub. L. 93-344, title VI, Sec. 604, as added Pub. L. 101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat. 1388-605.) -MISC1- PRIOR PROVISIONS A prior section 604 of Pub. L. 93-344, title VI, July 12, 1974, 88 Stat. 324, which was classified to section 11 of former Title 31, was repealed and reenacted in section 1105(a)(1)-(14) of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 665a of this title. ------DocID 7709 Document 802 of 1400------ -CITE- 2 USC Sec. 665d -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER IV -HEAD- Sec. 665d. Application of section 642 of this title; point of order -STATUTE- (a) Application of section 642(a) of this title (1) In the House of Representatives, in the application of section 642(a)(1) of this title to any bill, resolution, amendment, or conference report, reference in section 642 of this title to the appropriate level of total budget authority or total budget outlays or appropriate level of total revenues set forth in the most recently agreed to concurrent resolution on the budget for a fiscal year shall be deemed to be a reference to the appropriate level for that fiscal year and to the total of the appropriate level for that year and the 4 succeeding years. (2) In the Senate, in the application of section 642(a)(2) of this title to any bill, resolution, motion, or conference report, reference in section 642 of this title to the appropriate level of total revenues set forth in the most recently agreed to concurrent resolution on the budget for a fiscal year shall be deemed to be a reference to the appropriate level for that fiscal year and to the total of the appropriate levels for that year and the 4 succeeding years. (b) Maximum deficit amount point of order in Senate After Congress has completed action on a concurrent resolution on the budget, it shall not be in order in the Senate to consider any bill, resolution, amendment, motion, or conference report that would result in a deficit for the first fiscal year covered by that resolution that exceeds the maximum deficit amount specified for such fiscal year in section 665(a) of this title. -SOURCE- (Pub. L. 93-344, title VI, Sec. 605, as added Pub. L. 101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat. 1388-606.) -MISC1- PRIOR PROVISIONS A prior section 605 of Pub. L. 93-344, title VI, July 12, 1974, 88 Stat. 325, which was classified to section 11a of former Title 31, was repealed and reenacted in section 1109 of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31. ------DocID 7710 Document 803 of 1400------ -CITE- 2 USC Sec. 665e -EXPCITE- TITLE 2 CHAPTER 17A SUBCHAPTER IV -HEAD- Sec. 665e. 5-year budget resolutions; budget resolutions must conform to Balanced Budget and Emergency Deficit Control Act of 1985 -STATUTE- (a) 5-year budget resolutions In the case of any concurrent resolution on the budget for fiscal year 1992, 1993, 1994, or 1995, that resolution shall set forth appropriate levels for the fiscal year beginning on October 1 of the calendar year in which it is reported and for each of the 4 succeeding fiscal years for the matters described in section 632(a) of this title. (b) Point of order in House of Representatives It shall not be in order in the House of Representatives to consider any concurrent resolution on the budget for a fiscal year or conference report thereon under section 632 or 635 of this title that exceeds the maximum deficit amount for each fiscal year covered by the concurrent resolution or conference report as determined under section 665(a) of this title, including possible revisions under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (c) 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 under section 632 of this title, or to consider any amendment to such a concurrent resolution, or to consider a conference report on such a concurrent resolution, if the level of total budget outlays for the first fiscal year that is set forth in such concurrent resolution or conference report exceeds the recommended level of Federal revenues set forth for that year by an amount that is greater than the maximum deficit amount for such fiscal year as determined under section 665(a) of this title, or if the adoption of such amendment would result in a level of total budget outlays for that fiscal year which exceeds the recommended level of Federal revenues for that fiscal year, by an amount that is greater than the maximum deficit amount for such fiscal years as determined under section 665(a) of this title. (d) Adjustments (1) Notwithstanding any other provision of law, concurrent resolutions on the budget for fiscal years 1992, 1993, 1994, and 1995 under section 632 or 635 of this title may set forth levels consistent with allocations increased by - (A) amounts not to exceed the budget authority amounts in section 251(b)(2)(E)(i) and (ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(E)(i), (ii)) and the composite outlays per category consistent with them; and (B) the budget authority and outlay amounts in section 251(b)(1) of that Act (2 U.S.C. 901(b)(1)). (2) For purposes of congressional consideration of provisions described in sections 251(b)(2)(A), 251(b)(2)(B), 251(b)(2)(C), 251(b)(2)(D), and 252(e) (2 U.S.C. 901(b)(2)(A), (B), (C), (D), 902(e)), determinations under sections 633, 634, and 642 of this title shall not take into account any new budget authority, new entitlement authority, outlays, receipts, or deficit effects in any fiscal year of those provisions. -SOURCE- (Pub. L. 93-344, title VI, Sec. 606, as added Pub. L. 101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat. 1388-606.) -REFTEXT- REFERENCES IN TEXT The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (b), is title II of Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (Sec. 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. Part C of the Act is classified generally to subchapter I (Sec. 900 et seq.) of chapter 20 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. -MISC2- PRIOR PROVISIONS 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 and was repealed by Pub. L. 99-177, title II, Sec. 223, Dec. 12, 1985, 99 Stat. 1060. ------DocID 7711 Document 804 of 1400------ -CITE- 2 USC CHAPTER 17B -EXPCITE- TITLE 2 CHAPTER 17B -HEAD- CHAPTER 17B - IMPOUNDMENT CONTROL -MISC1- Sec. 681. Disclaimer. 682. Definitions. 683. Rescission of budget authority. (a) Transmittal of special message. (b) Requirement to make available for obligation. 684. Proposed deferrals of budget authority. (a) Transmittal of special message. (b) Consistency with legislatve policy. (c) Exception. 685. Transmission of messages; publication. (a) Delivery to House and Senate. (b) Delivery to Comptroller General. (c) Transmission of supplementary messages. (d) Printing in Federal Register. (e) Cumulative reports of proposed rescissions, reservations, and deferrals of budget authority. 686. Reports by Comptroller General. (a) Failure to transmit special message. (b) Incorrect classification of special message. 687. Suits by Comptroller General. 688. Procedure in House of Representatives and Senate. (a) Referral. (b) Discharge of committee. (c) Floor consideration in House. (d) Floor consideration in the Senate. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 12 section 635i-3; title 16 section 539d; title 22 section 3224a; title 31 section 1512; title 42 section 6240. ------DocID 7712 Document 805 of 1400------ -CITE- 2 USC Sec. 681 -EXPCITE- TITLE 2 CHAPTER 17B -HEAD- Sec. 681. Disclaimer -STATUTE- 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. -SOURCE- (Pub. L. 93-344, title X, Sec. 1001, July 12, 1974, 88 Stat. 332.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in provision preceding par. (1), means Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended, 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. -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- EFFECTIVE DATE Chapter effective July 12, 1974, see section 905(a) of Pub. L. 93-344, set out as a note under section 621 of this title. SHORT TITLE Section 1(a) of Pub. L. 91-344 (set out as a note under section 621 of this title) provided, in part, that 'title X (this chapter) may be cited as the 'Impoundment Control Act of 1974'.' ------DocID 7713 Document 806 of 1400------ -CITE- 2 USC Sec. 682 -EXPCITE- TITLE 2 CHAPTER 17B -HEAD- Sec. 682. Definitions -STATUTE- 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. -SOURCE- (Pub. L. 93-344, title X, Sec. 1011, July 12, 1974, 88 Stat. 333.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 45 sections 721, 726. ------DocID 7714 Document 807 of 1400------ -CITE- 2 USC Sec. 683 -EXPCITE- TITLE 2 CHAPTER 17B -HEAD- Sec. 683. Rescission of budget authority -STATUTE- (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. -SOURCE- (Pub. L. 93-344, title X, Sec. 1012, July 12, 1974, 88 Stat. 333; Pub. L. 100-119, title II, Sec. 207, Sept. 29, 1987, 101 Stat. 786.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- 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.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 682, 684, 685, 686 of this title; title 12 section 635i-3. ------DocID 7715 Document 808 of 1400------ -CITE- 2 USC Sec. 684 -EXPCITE- TITLE 2 CHAPTER 17B -HEAD- Sec. 684. Proposed deferrals of budget authority -STATUTE- (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. -SOURCE- (Pub. L. 93-344, title X, Sec. 1013, July 12, 1974, 88 Stat. 334; Pub. L. 100-119, title II, Sec. 206(a), Sept. 29, 1987, 101 Stat. 785.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- 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.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 682, 685, 686 of this title. ------DocID 7716 Document 809 of 1400------ -CITE- 2 USC Sec. 685 -EXPCITE- TITLE 2 CHAPTER 17B -HEAD- Sec. 685. Transmission of messages; publication -STATUTE- (a) Delivery to House and Senate Each special message transmitted under section 683 or 684 of this title shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committee of the House of Representatives and the Senate. Each such message shall be printed as a document of each House. (b) Delivery to Comptroller General A copy of each special message transmitted under section 683 or 684 of this title, shall be transmitted to the Comptroller General on the same day it is transmitted to the House of Representatives and the Senate. In order to assist the Congress in the exercise of its functions under section 683 or 684 of this title, the Comptroller General shall review each such message and inform the House of Representatives and the Senate as promptly as practicable with respect to - (1) in the case of a special message transmitted under section 683 of this title, the facts surrounding the proposed rescission or the reservation of budget authority (including the probable effects thereof); and (2) in the case of a special message transmitted under section 684 of this title, (A) the facts surrounding each proposed deferral of budget authority (including the probable effects thereof) and (B) whether or not (or to what extent), in his judgment, such proposed deferral is in accordance with existing statutory authority. (c) Transmission of supplementary messages If any information contained in a special message transmitted under section 683 or 684 of this title is subsequently revised, the President shall transmit to both Houses of Congress and the Comptroller General a supplementary message stating and explaining such revision. Any such supplementary message shall be delivered, referred, and printed as provided in subsection (a) of this section. The Comptroller General shall promptly notify the House of Representatives and the Senate of any changes in the information submitted by him under subsection (b) of this section which may be necessitated by such revision. (d) Printing in Federal Register Any special message transmitted under section 683 or 684 of this title, and any supplementary message transmitted under subsection (c) of this section, shall be printed in the first issue of the Federal Register published after such transmittal. (e) Cumulative reports of proposed rescissions, reservations, and deferrals of budget authority (1) The President shall submit a report to the House of Representatives and the Senate, not later than the 10th day of each month during a fiscal year, listing all budget authority for that fiscal year with respect to which, as of the first day of such month - (A) he has transmitted a special message under section 683 of this title with respect to a proposed rescission or a reservation; and (B) he has transmitted a special message under section 684 of this title proposing a deferral. Such report shall also contain, with respect to each such proposed rescission or deferral, or each such reservation, the information required to be submitted in the special message with respect thereto under section 683 or 684 of this title. (2) Each report submitted under paragraph (1) shall be printed in the first issue of the Federal Register published after its submission. -SOURCE- (Pub. L. 93-344, title X, Sec. 1014, July 12, 1974, 88 Stat. 335.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -EXEC- 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) (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. ------DocID 7717 Document 810 of 1400------ -CITE- 2 USC Sec. 686 -EXPCITE- TITLE 2 CHAPTER 17B -HEAD- Sec. 686. Reports by Comptroller General -STATUTE- (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. -SOURCE- (Pub. L. 93-344, title X, Sec. 1015, July 12, 1974, 88 Stat. 336.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- REAFFIRMATION Pub. L. 100-119, title II, Sec. 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.' ------DocID 7718 Document 811 of 1400------ -CITE- 2 USC Sec. 687 -EXPCITE- TITLE 2 CHAPTER 17B -HEAD- Sec. 687. Suits by Comptroller General -STATUTE- 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. -SOURCE- (Pub. L. 93-344, title X, Sec. 1016, July 12, 1974, 88 Stat. 336; Pub. L. 98-620, title IV, Sec. 402(35), Nov. 8, 1984, 98 Stat. 3360; Pub. L. 100-119, title II, Sec. 206(b), Sept. 29, 1987, 101 Stat. 786.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- 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. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 682 of this title. ------DocID 7719 Document 812 of 1400------ -CITE- 2 USC Sec. 688 -EXPCITE- TITLE 2 CHAPTER 17B -HEAD- Sec. 688. Procedure in House of Representatives and Senate -STATUTE- (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 the Senate (1) Debate in the Senate on any rescission bill or impoundment resolution, and all amendments thereto (in the case of a rescission bill) and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (2) Debate in the Senate on any amendment to a rescission bill shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the bill. Debate on any amendment to an amendment, to such a bill, and debate on any debatable motion or appeal in connection with such a bill or an impoundment resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of a rescission bill shall be received. Such leaders, or either of them, may, from the time under their control on the passage of a rescission bill or impoundment resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal. (3) A motion to further limit debate is not debatable. In the case of a rescission bill, a motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. In the case of an impoundment resolution, no amendment or motion to recommit is in order. (4) The conference report on any rescission bill shall be in order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to. (5) During the consideration in the Senate of the conference report on any rescission bill, debate shall be limited to 2 hours to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. (6) Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee. (7) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received. -SOURCE- (Pub. L. 93-344, title X, Sec. 1017, July 12, 1974, 88 Stat. 337.) -COD- 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 682 of this title; title 22 section 3224a; title 45 sections 721, 726. ------DocID 7720 Document 813 of 1400------ -CITE- 2 USC CHAPTER 18 -EXPCITE- TITLE 2 CHAPTER 18 -HEAD- CHAPTER 18 - LEGISLATIVE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS ------DocID 7721 Document 814 of 1400------ -CITE- 2 USC Sec. 701 to 709 -EXPCITE- TITLE 2 CHAPTER 18 -HEAD- Sec. 701 to 709. Transferred -COD- 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, Sec. 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, Sec. 101, Oct. 26, 1978, 92 Stat. 1824; Pub. L. 96-19, Sec. 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, Sec. 102, Oct. 26, 1978, 92 Stat. 1825; Pub. L. 96-19, Sec. 3(a)(1), (b), 6(a), 7(a)-(d)(1), (f), 9(b), (c)(1), (j), June 13, 1979, 93 Stat. 39-43; Pub. L. 97-51, Sec. 130(b), Oct. 1, 1981, 95 Stat. 966; Pub. L. 98-150, Sec. 10, Nov. 11, 1983, 97 Stat. 962, related to contents of reports. Section 703, Pub. L. 95-521, title I, Sec. 103, Oct. 26, 1978, 92 Stat. 1831; Pub. L. 96-19, Sec. 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, Sec. 104, Oct. 26, 1978, 92 Stat. 1832; Pub. L. 96-19, Sec. 8(a), June 13, 1979, 93 Stat. 41, related to accessibility of reports. Section 705, Pub. L. 95-521, title I, Sec. 105, Oct. 26, 1978, 92 Stat. 1833, related to review and compliance procedures. Section 706, Pub. L. 95-521, title I, Sec. 106, Oct. 26, 1978, 92 Stat. 1833, related to failure to file or filing false reports. Section 707, Pub. L. 95-521, title I, Sec. 107, Oct. 26, 1978, 92 Stat. 1834; Pub. L. 96-19, Sec. 9(d), (g), June 13, 1979, 93 Stat. 42, 43; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, related to definitions. Section 708, Pub. L. 95-521, title I, Sec. 108, Oct. 26, 1978, 92 Stat. 1835; Pub. L. 96-19, Sec. 9(t), June 13, 1979, 93 Stat. 44, related to State laws affected. Section 709, Pub. L. 95-521, title I, Sec. 109, Oct. 26, 1978, 92 Stat. 1836, related to study by Comptroller General. ------DocID 7722 Document 815 of 1400------ -CITE- 2 USC CHAPTER 19 -EXPCITE- TITLE 2 CHAPTER 19 -HEAD- CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM -MISC1- Sec. 801. Establishment, etc., of Congressional Award Board. 802. Program. (a) Establishment, functions, and purposes; nature of awards. (b) Implementation requirements for Board. (c) Presentation of awards. (d) Scholarships for recipients of Congressional Award Gold, Silver, and Bronze Medals. (e) Annual reporting requirements. 803. Board organization. (a) Membership; composition; appointment criteria; derivation of appointment. (b) Terms of appointed members; reappointment. (c) Vacancies in membership. (d) Notice; quorum. (e) Compensation for travel expenses of members. (f) Meetings. (g) Chairman and Vice Chairman. (h) Appointment, functions, etc., of committees; membership. (i) Bylaws and regulations; contents; transmittal to Congress. (j) Removal from Board. 804. Director of program; status; appointment and term; removal; functions. 805. Regional award directors of program; appointment criteria. 806. Powers, functions, and limitations. (a) General operating and expenditure authority. (b) Mandatory functions. (c) Statewide Congressional Award Councils; establishment, purposes, duties, etc. (d) Contracting authority. (e) Obtaining and acceptance of non-Federal funds and resources; indirect resources. (f) Acceptance and utilization of services of voluntary, uncompensated personnel. (g) Lease, etc., of real or personal property. (h) Fiscal authority. (i) Establishment, functions, etc., of private nonprofit corporation; articles of incorporation of corporation; compensation, etc., for director, officer, or employee of corporation. 807. Audits and evaluation. (a) Annual audits by Comptroller General; access to books, documents, papers, and records. (b) Annual report to Congress on audit results. 808. Termination. ------DocID 7723 Document 816 of 1400------ -CITE- 2 USC Sec. 801 -EXPCITE- TITLE 2 CHAPTER 19 -HEAD- Sec. 801. Establishment, etc., of Congressional Award Board -STATUTE- There is established a board to be known as the Congressional Award Board (hereinafter in this chapter 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. -SOURCE- (Pub. L. 96-114, Sec. 2, Nov. 16, 1979, 93 Stat. 851.) -MISC1- SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-525, Sec. 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, Sec. 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, Sec. 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 Section 1 of Pub. L. 96-114 provided that: 'This Act (enacting this chapter) may be cited as the 'Congressional Award Act'.' ------DocID 7724 Document 817 of 1400------ -CITE- 2 USC Sec. 802 -EXPCITE- TITLE 2 CHAPTER 19 -HEAD- Sec. 802. Program -STATUTE- (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 gold, silver, and bronze 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. The medals shall be of such design and materials as the Board may determine. (b) Implementation requirements for Board In carrying out the Congressional Award Program, the Board shall - (1) establish the standards of achievement required for young people to qualify as recipients of the medals and establish such procedures as may be required to verify that individuals satisfy such qualifications; (2) designate the recipients of the medals in accordance with the standards established under paragraph (1) of this subsection; (3) delineate such roles as the Board considers to be appropriate for the Director and Regional Directors in administering the Congressional Award, and set forth in the bylaws of the Board the duties, salaries, and benefits of the Director and Regional Directors; (4) raise funds for the operation of the program; and (5) take such other actions as may be appropriate for the administration of the Congressional Award Program. No salary established by the Board under paragraph (3) shall exceed $75,000 per annum, except that for calendar years after 1986, such limit shall be increased in proportion to increases in the Consumer Price Index. (c) Presentation of awards The Board shall arrange for the presentation of the awards to the recipients and shall provide for participation by Members of Congress in such presentation, when appropriate. To the extent possible, recipients shall be provided with opportunities to exchange information and views with Members of Congress during the presentation of the awards. (d) Scholarships for recipients of Congressional Award Gold, Silver, and Bronze Medals The Board may award scholarships in such amounts as the Board determines to be appropriate to any recipient of the Congressional Award Gold, Silver, and Bronze Medals. (e) Annual reporting requirements The Board shall prepare and submit an annual report to the Congress before April 1 of each year summarizing the activities of the Congressional Award Program during the previous year and making appropriate recommendations. Any minority views and recommendations of members of the Board shall be included in such reports. The annual report shall contain the following items: (1) Specific information regarding the methods used to raise funds for the Congressional Award Program and a list of the sources of all money raised by the Board. (2) Detailed information regarding the expenditures made by the Board, including the percentage of funds which are used for administrative expenses. (3) A description of the programs formulated by the Director under section 804(b)(1) of this title, including an explanation of the operation of such programs and a list of their sponsors. (4) A detailed list of the administrative expenditures made by the Board, including the amounts expended for salaries, travel expenses, and reimbursed expenses for each member, officer, employee, and consultant of the Board (or of the Corporation established pursuant to section 806(g)(1) (FOOTNOTE 1) of this title). (FOOTNOTE 1) See References in Text note below. (5) A list of individuals given awards under the program, and their place of residence. (6) A detailed description of the goals and objectives of the Board and the role of Congressional participation in fulfilling those goals and objectives. (7) Plans for activities to be conducted during the remainder of the duration of the program, consistent with the functions and requirements established under this chapter. (8) Such other information as the Board may consider significant. -SOURCE- (Pub. L. 96-114, Sec. 3, Nov. 16, 1979, 93 Stat. 851; Pub. L. 99-161, Sec. 4(a)-(c), Nov. 25, 1985, 99 Stat. 934; Pub. L. 100-674, Sec. 2(a), Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101-525, Sec. 3, Nov. 6, 1990, 104 Stat. 2305.) -REFTEXT- REFERENCES IN TEXT Section 806(g)(1) of this title, referred to in subsec. (e)(4), was redesignated section 806(h)(1) of this title by Pub. L. 100-674, Sec. 2(c)(2)(A), Nov. 17, 1988, 102 Stat. 3997, and section 806(i)(1) of this title by Pub. L. 101-525, Sec. 7(b)(2), Nov. 6, 1990, 104 Stat. 2307. -MISC2- AMENDMENTS 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, Sec. 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, Sec. 4(b), inserted reference to Silver and Bronze Medals. Subsec. (e)(4). Pub. L. 99-161, Sec. 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)'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 801 of this title. ------DocID 7725 Document 818 of 1400------ -CITE- 2 USC Sec. 803 -EXPCITE- TITLE 2 CHAPTER 19 -HEAD- Sec. 803. Board organization -STATUTE- (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 member of the Congressional Award Association. (B) Six members appointed by the minority leader of the Senate, 1 of whom shall be a representative of a local Congressional Award Council. (C) Six members appointed by the Speaker of the House of Representatives, 1 of whom shall be a representative of a local Congressional Award Council. (D) Six members appointed by the minority leader of the House of Representatives, 1 of whom shall be a member of the Congressional Award Association. (E) The Director of the Board, who shall serve as a nonvoting member. (2) In making appointments to the Board, the congressional leadership shall consider recommendations submitted by any interested party, including any member of the Board. One of the members appointed under each of subparagraphs (A) through (D) of paragraph (1) shall be a member of the Congress. (3) Individuals appointed to the Board shall have an interest in one or more of the fields of concern of the Congressional Award Program. (4) For the purpose of determining the derivation of the appointment of any person appointed to the Board under this section, if there is a change in the status of majority and minority between the parties of the House or the Senate, each person appointed under this section shall be deemed to have been appointed by the leadership position set out in subsection (a)(1) of this section of the party of the individual who made the initial appointment of such person. (b) Terms of appointed members; reappointment (1) Appointed members of the Board shall continue to serve at the pleasure of the officer by whom they are appointed, and (unless reappointed under paragraph (3)) shall serve for a term of 4 years. (2) For the purpose of adjusting the terms of Board members to allow for staggered appointments, the following distribution of Board terms shall take effect at the first meeting of the Board occurring after November 6, 1990: (A) Those members who have served 10 years or more, as of the date of such meeting, shall have an appointment expiring on a date 2 years from October 1, 1990. (B) Those members who have served for 6 months or less, as of the date of such meeting, shall have an appointment expiring on a date 6 years from October 11, 1990. (C) All other members shall apportion the remaining Board positions between equal numbers of 2 and 4 year terms (providing that if there are an unequal number of remaining members, there shall be a predominance of 4 year terms), such apportionment to be made by lot. (3)(A) Subject to the limitations in subparagraphs (B) and (C) of this paragraph, members of the Board may be reappointed, provided that no member may serve more than 2 consecutive terms. (B) Members of the Board covered under paragraph (2)(A) of this section (FOOTNOTE 1) shall not be eligible for reappointment to the Board. Members of the Board covered under subparagraphs (B) and (C) of paragraph (2) of this section (FOOTNOTE 1) may be reappointed for 1 additional consecutive 4 year term. (FOOTNOTE 1) So in original. Probably should be 'subsection'. (C) Members of the Board who serve as chairman of the Board shall not have the time during which they serve as chairman used in the computation of their period of service for purposes of this paragraph and paragraph (2). (c) Vacancies in membership (1) Any vacancy in the Board shall be filled in the same manner in which the original appointment was made. (2) Any appointed member of the Board may continue to serve after the expiration of his term until his successor has taken office. (3) Vacancies in the membership of the Board shall not affect its power to function if there remain sufficient members to constitute a quorum under subsection (d) of this section. (d) Notice; quorum (1) A meeting of the Board may be convened only if - (A) notice of the meeting was provided to each member in accordance with the bylaws; and (B) not less than 11 members are present for the meeting at the time given in the notice. (2) A majority of the members present when a meeting is convened shall constitute a quorum for the remainder of the meeting. (e) Compensation for travel expenses of members Members of the Board shall serve without pay but may be compensated for reasonable travel expenses incurred by them in the performance of their duties as members of the Board. (f) Meetings The Board shall meet at least twice a year at the call of the Chairman (with at least one meeting in the District of Columbia) and at such other times as the Chairman may determine to be appropriate. The Chairman shall call a meeting of the Board whenever one-third of the members of the Board submit written requests for such a meeting. (g) Chairman and Vice Chairman The Chairman and the Vice Chairman of the Board shall be elected from among the members of the Board by a majority vote of the Board for such terms as the Board determines. The Vice Chairman shall perform the duties of the Chairman in his absence. (h) Appointment, functions, etc., of committees; membership (1) The Board may appoint such committees, and assign to the committees such functions, as may be appropriate to assist the Board in carrying out its duties under this chapter. Members of such committees may include the members of the Board or such other qualified individuals as the Board may select. (2) Any employee or officer of the Federal Government may serve as a member of a committee created by the Board, but may not receive compensation for services performed for such a committee. (i) Bylaws and regulations; contents; transmittal to Congress The Board shall establish such bylaws and other regulations as may be appropriate to enable the Board to carry out its functions under this chapter. Such bylaws and other regulations shall include provisions to prevent any conflict of interest, or the appearance of any conflict of interest, in the procurement and employment actions taken by the Board or by any officer or employee of the Board. Such bylaws shall include appropriate fiscal control, funds accountability, and operating principles to ensure compliance with the provisions of section 806 of this title. A copy of such bylaws shall be transmitted to each House of Congress not later than 90 days after November 25, 1985, and not later than 10 days after any subsequent amendment or revision of such bylaws. (j) Removal from Board Any member of the Board who fails to attend 4 consecutive Board meetings scheduled pursuant to the bylaws of the Board and for which proper notice has been given under such bylaws, or to send a designee of such member (approved in advance by the Board under provisions of its bylaws), is, by operation of this subsection, removed, for cause, from the Board as of the date of the last meeting from which they are absent. The Chairman of the Board shall take such steps as are necessary to inform members who have 3 absences of this subsection. The Chairman shall notify the House and the Senate, including the appropriate committees of each body, whenever there is a vacancy created by the operation of this subsection. -SOURCE- (Pub. L. 96-114, Sec. 4, Nov. 16, 1979, 93 Stat. 852; Pub. L. 98-33, Sec. 1, May 25, 1983, 97 Stat. 194; Pub. L. 99-161, Sec. 2, 4(d), (e), Nov. 25, 1985, 99 Stat. 934, 935; Pub. L. 100-674, Sec. 2(b), Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101-525, Sec. 4-6, Nov. 6, 1990, 104 Stat. 2305, 2306.) -MISC1- AMENDMENTS 1990 - Subsec. (a)(4). Pub. L. 101-525, Sec. 4, added par. (4). Subsec. (b). Pub. L. 101-525, Sec. 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, Sec. 6, added subsec. (j). 1988 - Subsec. (a)(1). Pub. L. 100-674, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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). TRANSITION PROVISIONS Section 3 of Pub. L. 100-674 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 Section 2 of Pub. L. 98-33, relating to exceptional terms for certain individuals appointed to the Congressional Award Board, was repealed by Pub. L. 99-161, Sec. 5, Nov. 25, 1985, 99 Stat. 936. ------DocID 7726 Document 819 of 1400------ -CITE- 2 USC Sec. 804 -EXPCITE- TITLE 2 CHAPTER 19 -HEAD- Sec. 804. Director of program; status; appointment and term; removal; functions -STATUTE- (a) 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) 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. -SOURCE- (Pub. L. 96-114, Sec. 5, Nov. 16, 1979, 93 Stat. 853.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 802 of this title. ------DocID 7727 Document 820 of 1400------ -CITE- 2 USC Sec. 805 -EXPCITE- TITLE 2 CHAPTER 19 -HEAD- Sec. 805. Regional award directors of program; appointment criteria -STATUTE- 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. -SOURCE- (Pub. L. 96-114, Sec. 6, Nov. 16, 1979, 93 Stat. 853.) ------DocID 7728 Document 821 of 1400------ -CITE- 2 USC Sec. 806 -EXPCITE- TITLE 2 CHAPTER 19 -HEAD- Sec. 806. Powers, functions, and limitations -STATUTE- (a) General operating and expenditure authority Subject to such limitations as may be provided for under this section, the Board may take such actions and make such expenditures as may be necessary to carry out the Congressional Award Program, except that - (1) the Board shall carry out its functions and make expenditures with only such resources as are available to the Board from sources other than the Federal Government; and (2) the Board shall not take any actions which would disqualify the Board from treatment (for tax purposes) as an organization described in section 501(c)(3) of title 26. (b) Mandatory functions (1) The Board shall establish such functions and procedures as may be necessary to carry out the provisions of this chapter. (2) The functions established by the Board under paragraph (1) shall include - (A) communication with local Congressional Award Councils concerning the Congressional Award Program; (B) provision, upon the request of any local Congressional Award Council, of such technical assistance as may be necessary to assist such council with its responsibilities, including the provision of medals, the preparation and provision of applications, guidance on disposition of applications, arrangements with respect to local award ceremonies, and other responsibilities of such council; (C) conduct of outreach activities to establish new local Congressional Award Councils, particularly in inner-city areas and rural areas; (D) in addition to those activities authorized under subparagraph (C), conduct of outreach activities to encourage, where appropriate, the establishment and development of Statewide Congressional Award Councils; (E) fundraising; (F) conduct of an annual Gold Medal Awards ceremony in the District of Columbia; (G) consideration of implementation of the provisions of this chapter relating to scholarships; and (H) carrying out of duties relating to management of the national office of the Congressional Award Program, including supervision of office personnel and of the office budget. (c) Statewide Congressional Award Councils; establishment, purposes, duties, etc. (1) In carrying out its functions with respect to Statewide Congressional Award Councils (hereinafter in this subsection referred to as Statewide Councils) under subsection (b) of this section, the Board shall develop guidelines, criteria, and standards for the formation of Statewide Councils. In order to create a Statewide Council, Members of Congress and Senators from each respective State are encouraged to work jointly with the Board. (2) The establishment of Statewide Councils is intended to - (A) facilitate expanded public participation and involvement in the program; and (B) promote greater opportunities for involvement by members of the State congressional delegation. (3) The duties and responsibilities of each Statewide Council established pursuant to this section shall include, but not be limited to, the following: (A) promoting State and local awareness of the Congressional Award Program; (B) review of participant records and activities; (C) review and verification of information on, and recommendation of, candidates to the national board for approval; (D) planning and organization of bronze and silver award ceremonies; (E) assisting gold award recipients with travel to and from the national gold award ceremony; and (F) designation of a Statewide coordinator to serve as a liaison between the State and local boards and the national board. (4) Each Statewide Council established pursuant to this section is authorized to receive public monetary and in-kind contributions, which may be made available to local boards to supplement or defray operating expenses. The Board shall adopt appropriate financial management methods in order to ensure the proper accounting of these funds. (5) Each Statewide Council established pursuant to this section shall comply with the standard charter requirements of the national board of directors. (d) Contracting authority The Board may enter into and perform such contracts as may be appropriate to carry out its business, but the Board may not enter into any contract which would obligate the Board to expend an amount greater than the amount available to the Board for the purpose of such contract during the fiscal year in which the expenditure is made. (e) Obtaining and acceptance of non-Federal funds and resources; indirect resources (1) Subject to the provisions of paragraph (2), the Board may seek and accept funds and other resources to carry out its activities. The Board may not accept any funds or other resources which are - (A) donated with a restriction on their use unless such restriction merely provides that such funds or other resources be used in furtherance of the Congressional Award Program or a specific regional or local program; and (B) donated subject to the condition that the identity of the donor of the funds or resources shall remain anonymous. The Board may permit donors to use the name of the Board or the name 'Congressional Award Program' in advertising. (2) Except as otherwise provided in this chapter, the Board may not receive any Federal funds or resources. The Board may benefit from in-kind and indirect resources provided by Offices of Members of Congress or the Congress. Further, the Board is not prohibited from receiving indirect benefits from efforts or activities undertaken in collaboration with entities which receive Federal funds or resources. (f) Acceptance and utilization of services of voluntary, uncompensated personnel The Board may accept and utilize the services of voluntary, uncompensated personnel. (g) Lease, etc., of real or personal property The Board may lease (or otherwise hold), acquire, or dispose of real or personal property necessary for, or relating to, the duties of the Board. (h) Fiscal authority The Board shall have no power - (1) to issue bonds, notes, debentures, or other similar obligations creating long-term indebtedness; (2) to issue any share of stock or to declare or pay any dividends; or (3) to provide for any part of the income or assets of the Board to inure to the benefit of any director, officer, or employee of the Board except as reasonable compensation for services or reimbursement for expenses. (i) Establishment, functions, etc., of private nonprofit corporation; articles of incorporation of corporation; compensation, etc., for director, officer, or employee of corporation (1) The Board shall provide for the establishment of a private nonprofit corporation for the sole purpose of assisting the Board to carry out the Congressional Award Program, and shall delegate to the corporation such duties as it considers appropriate. (2) The articles of incorporation of the corporation established under this subsection shall provide that - (A) the members of the Board of Directors of the corporation shall be the members of the Board, and the Director of the corporation shall be the Director of the Board; and (B) the extent of the authority of the corporation shall be the same as that of the Board. (3) No director, officer, or employee of any corporation established under this subsection may receive compensation, travel expenses, or benefits from both the corporation and the Board. -SOURCE- (Pub. L. 96-114, Sec. 7, Nov. 16, 1979, 93 Stat. 854; Pub. L. 99-161, Sec. 4(f), Nov. 25, 1985, 99 Stat. 935; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-674, Sec. 2(c), Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101-525, Sec. 7, Nov. 6, 1990, 104 Stat. 2306.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-525, Sec. 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, Sec. 7(b)(1)(A), substituted 'conduct' for 'conducting' and struck out 'State and' after 'new'. Subsec. (b)(2)(D), (E). Pub. L. 101-525, Sec. 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, Sec. 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, Sec. 7(b)(1)(B), redesignated subpars. (F) and (G) as (G) and (H), respectively. Subsecs. (c), (d). Pub. L. 101-525, Sec. 7(b)(2), added subsec. (c). Former subsecs. (c) and (d) redesignated (d) and (e), respectively. Subsec. (e). Pub. L. 101-525, Sec. 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, Sec. 7(b)(2), redesignated subsecs. (e) to (h) as (f) to (i), respectively. 1988 - Pub. L. 100-674, Sec. 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, Sec. 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.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 802, 803, 807 of this title. ------DocID 7729 Document 822 of 1400------ -CITE- 2 USC Sec. 807 -EXPCITE- TITLE 2 CHAPTER 19 -HEAD- Sec. 807. Audits and evaluation -STATUTE- (a) Annual audits by Comptroller General; access to books, documents, papers, and records The financial records of the Board and of any corporation established under section 806(i) of this title shall be audited annually by the Comptroller General of the United States (hereinafter in this section referred to as the 'Comptroller General'). The Comptroller General, or any duly authorized representative of the Comptroller General, shall have access for the purpose of audit to any books, documents, papers, and records of the Board or such corporation (or any agent of the Board or such corporation) which, in the opinion of the Comptroller General, may be pertinent to the Congressional Award Program. (b) Annual report to Congress on audit results The Comptroller General shall submit to appropriate officers, committees, and subcommittees of the Congress, by May 15th of each calendar year, a report on the results of the audit of the financial records and on any such additional areas as the Comptroller General determines deserve or require evaluation. -SOURCE- (Pub. L. 96-114, Sec. 8, Nov. 16, 1979, 93 Stat. 855; Pub. L. 99-161, Sec. 4(g), Nov. 25, 1985, 99 Stat. 935; Pub. L. 100-674, Sec. 2(e), Nov. 17, 1988, 102 Stat. 3998; Pub. L. 101-525, Sec. 8, Nov. 6, 1990, 104 Stat. 2308.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-525, Sec. 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, Sec. 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, Sec. 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, Sec. 4(g)(1), inserted 'and evaluation' after 'Audits' in section catchline. Subsec. (a). Pub. L. 99-161, Sec. 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, Sec. 4(g)(5), added subsecs. (b) to (d). ------DocID 7730 Document 823 of 1400------ -CITE- 2 USC Sec. 808 -EXPCITE- TITLE 2 CHAPTER 19 -HEAD- Sec. 808. Termination -STATUTE- The Board shall terminate October 1, 1992. -SOURCE- (Pub. L. 96-114, Sec. 9, Nov. 16, 1979, 93 Stat. 855; Pub. L. 99-161, Sec. 3, Nov. 25, 1985, 99 Stat. 934; Pub. L. 100-674, Sec. 2(d), Nov. 17, 1988, 102 Stat. 3997; Pub. L. 101-525, Sec. 2(a), Nov. 6, 1990, 104 Stat. 2305.) -MISC1- AMENDMENTS 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'. SAVINGS PROVISION Section 2(b) of Pub. L. 101-525 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.' ------DocID 7731 Document 824 of 1400------ -CITE- 2 USC CHAPTER 20 -EXPCITE- TITLE 2 CHAPTER 20 -HEAD- CHAPTER 20 - EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS -MISC1- SUBCHAPTER I - ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT Sec. 900. Statement of budget enforcement through sequestration; definitions. (a) Omitted. (b) General statement of budget enforcement through sequestration. (c) Definitions. 901. Enforcing discretionary spending limits. (a) Fiscal years 1991-1995 enforcement. (b) Adjustments to discretionary spending limits. 902. Enforcing pay-as-you-go. (a) Fiscal years 1992-1995 enforcement. (b) Sequestration; look-back. (c) Eliminating a deficit increase. (d) OMB estimates. (e) Emergency legislation. 903. Enforcing deficit targets. (a) Sequestration. (b) Excess deficit; margin. (c) Dividing sequestration. (d) Defense. (e) Non-defense. (f) Baseline assumptions; part-year appropriations. (g) Adjustments to maximum deficit amounts. (h) Treatment of deposit insurance. 904. Reports and orders. (a) Timetable. (b) Submission and availability of reports. (c) Optional adjustment of maximum deficit amounts. (d) Sequestration preview reports. (e) Notification regarding military personnel. (f) Sequestration update reports. (g) Final sequestration reports. (h) Within-session sequestration reports and order. (i) GAO compliance report. (j) Low-growth report. (k) Economic and technical assumptions. 905. Exempt programs and activities. (a) Social security benefits and tier I railroad retirement benefits. (b) Veterans programs. (c) Net interest. (d) Earned income tax credit. (e) Non-defense unobligated balances. (f) Certain program bases. (g) Other programs and activities. (h) Low-income programs. (i) Identification of programs. (h) Optional exemption of military personnel. 906. Exceptions, limitations, and special rules. (a) Automatic spending increases. (b) Effect of orders on the guaranteed student loan program. (c) Treatment of foster care and adoption assistance programs. (d) Special rules for Medicare program. (e) Community and migrant health centers, Indian health services and facilities, and veteran's medical care. (f) Treatment of child support enforcement program. (g) Federal pay. (h) Treatment of Federal administrative expenses. (i) Treatment of payments and advances made with respect to unemployment compensation programs. (j) Commodity Credit Corporation. (k) Special rules for JOBS portion of AFDC. (l) Effects of sequestration. 907. The baseline. (a) In general. (b) Direct spending and receipts. (c) Discretionary appropriations. (d) Up-to-date concepts. (e) Sale of assets or prepayment of loans. 907a. Suspension in event of war or low growth. (a) Procedures in event of low-growth report. (b) Suspension of sequestration procedures. (c) Restoration of sequestration procedures. 907b. Modification of Presidential order. (a) Introduction of joint resolution. (b) Procedures for consideration of joint resolutions. 907c. Flexibility among defense programs, projects, and activities. (a) Reductions beyond amount specified in Presidential order. (b) Base closures prohibited. (c) Report and joint resolution required. (d) Introduction of joint resolution. (e) Form and title of joint resolution. (f) Calendaring and consideration of joint resolution in the Senate. (g) Debate of joint resolution; motions. (h) Amendment of joint resolution. (i) Vote on final passage of joint resolution. (j) Appeal from decision of Chair. (k) Conference reports. (l) Resolution from other House. (m) Senate action on House resolution. 907d. Special reconciliation process. (a) Reporting of resolutions and reconciliation bills and resolutions, in Senate. (b) Procedures. 908. Modification of Presidential order. (a) Introduction of joint resolution. (b) Procedures for consideration of joint resolutions. 909. Repealed. SUBCHAPTER II - OPERATION AND REVIEW 921. Transferred. 922. Judicial review. (a) Expedited review. (b) Appeal to Supreme Court. (c) Expedited consideration. (d) Noncompliance with sequestration procedures. (e) Timing of relief. (f) Alternative procedures for joint reports of Directors. (g) Preservation of other rights. (h) Economic data and assumptions. ------DocID 7732 Document 825 of 1400------ -CITE- 2 USC SUBCHAPTER I -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- SUBCHAPTER I - ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 665e, 922 of this title; title 26 section 4283; title 38 section 113; title 39 section 2009a; title 42 section 300aa-15. -MISC8- TERMINATION OF SUBCHAPTER For termination of subchapter by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out under section 900 of this title. ------DocID 7733 Document 826 of 1400------ -CITE- 2 USC Sec. 900 -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 900. Statement of budget enforcement through sequestration; definitions -STATUTE- (a) Omitted (b) General statement of budget enforcement through sequestration 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. (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) (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' and 'discretionary spending limit' shall mean the amounts specified in section 601 of that Act (2 U.S.C. 665) as adjusted under sections 901 and 903 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) 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. (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 - (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. (7) The term 'discretionary appropriations' means budgetary resources (except to fund direct-spending programs) provided in appropriation Acts. (8) The term 'direct spending' means - (A) budget authority provided by law other than appropriation Acts; (B) entitlement authority; and (C) the food stamp program. (9) The term 'current' means, with respect to OMB estimates included with a budget submission under section 1105(a) of title 31, the estimates consistent with the economic and technical assumptions underlying that budget and with respect to estimates made after submission of the fiscal year 1992 budget that are not included with a budget submission, estimates consistent with the economic and technical assumptions underlying the most recently submitted President's budget. (10) The term 'real economic growth', with respect to any fiscal year, means the growth in the gross national product during such fiscal year, adjusted for inflation, consistent with Department of Commerce definitions. (11) The term 'account' means an item for which appropriations are made in any appropriation Act and, for items not provided for in appropriation Acts, such term means an item for which there is a designated budget account identification code number in the President's budget. (12) The term 'budget year' means, with respect to a session of Congress, the fiscal year of the Government that starts on October 1 of the calendar year in which that session begins. (13) The term 'current year' means, with respect to a budget year, the fiscal year that immediately precedes that budget year. (14) The term 'outyear' means, with respect to a budget year, any of the fiscal years that follow the budget year through fiscal year 1995. (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) 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. (18) 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 Omnibus Budget Reconciliation Act of 1990. (19) The term 'deposit insurance' refers to the expenses 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. (20) 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. (21) 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. -SOURCE- (Pub. L. 99-177, title II, Sec. 250, as added Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-574, and Pub. L. 99-177, title II, Sec. 250(c)(21), formerly Sec. 257(12), as added Pub. L. 100-119, title I, Sec. 102(b)(7), Sept. 29, 1987, 101 Stat. 774, redesignated Sec. 250(c)(21), Pub. L. 101-508, title XIII, Sec. 13101(b), Nov. 5, 1990, 104 Stat. 1388-589.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out below. -REFTEXT- REFERENCES IN TEXT House Concurrent Resolution 310, referred to in subsec. (b), is H. Con. Res. 310, Oct. 9, 1990, 104 Stat. 5163, which is not classified to the Code. The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (b)(3), is Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables. The Omnibus Budget Reconciliation Act of 1990, referred to in subsec. (c)(4)(A), (18), is Pub. L. 101-508, Nov. 5, 1990, 104 Stat. 1388. For complete classification of this Act to the Code, see Tables. -COD- 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, Sec. 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) of this section. November 5, 1990, referred to in subsec. (c)(17), was in the original 'the date of enactment of this Act', which was translated as meaning the date of enactment of Pub. L. 101-508, which enacted this section, to reflect the probable intent of Congress. -MISC3- AMENDMENTS Subsec. (c)(21). Pub. L. 101-508, Sec. 13101(b), redesignated section 907(12) of this title as par. (21). EFFECTIVE AND TERMINATION DATES Section 275 of title II of Pub. L. 99-177, as amended by Pub. L. 100-119, title I, Sec. 106(c), title II, Sec. 210(b), Sept. 29, 1987, 101 Stat. 780, 787; Pub. L. 101-508, title XIII, Sec. 13112(b), 13208(b), Nov. 5, 1990, 104 Stat. 1388-608, 1388-619, provided that: '(a) In General. - '(1) Except as provided in paragraph (2) and in subsections (b) and (c), this title and the amendments made by this title (see Short Title note below) shall become effective on the date of the enactment of this title (Dec. 12, 1985) and shall apply with respect to fiscal years beginning after September 30, 1985. '(2)(A) The amendment made by section 201(a)(2) (amending section 622(2) of this title), and the amendment made by section 201(b) ( ( ) insofar as it relates to subsections (c), (f), and (g) of section 302 of the Congressional Budget Act of 1974 (section 633(c), (f), and (g) of this title) and to subsections (c), (d), and (g) of section 310 of that Act (section 641(c), (d), and (g) of this title)), shall become effective April 15, 1986. '(B) The amendment made by section 212 (amending section 652 of this title) shall become effective February 1, 1986. '(b) Expiration. - Part C of this title (enacting this subchapter), section 271(b) of this Act (set out as a note below), and sections 1105(f) and 1106(c) of title 31, United States Code, shall expire September 30, 1995. '(c) OASDI Trust Funds. - The amendments made by part D (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) shall apply as provided in such part.' (Amendment of section 275(b)(2) of Pub. L. 99-177, set out above, by section 13208(b) of Pub. L. 101-508 could not be executed because of general amendment of section 275(b) by section 13112(b) of Pub. L. 101-508.) SHORT TITLE OF 1990 AMENDMENT Section 13001(a) of title XIII of Pub. L. 101-508 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 Section 101(b) of title I of Pub. L. 100-119 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 Section 200(a) of title II of Pub. L. 99-177 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'.' WAIVERS AND SUSPENSIONS IN THE SENATE Section 271(b) of Pub. L. 99-177, as amended by Pub. L. 100-119, title II, Sec. 211, Sept. 29, 1987, 101 Stat. 787, provided that: 'Sections 301(i), 302(c), 302(f), 304(b), 310(d), 310(g), and 311(a) of the Congressional Budget Act of 1974 (sections 632(i), 633(c), 633(f), 635(b), 641(d), 641(g), and 642(a) of this title) may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. This subsection shall not apply to any joint resolution reported or discharged pursuant to section 254(a) of this joint resolution (section 904(a) of this title).' (For effective and termination dates of section 271(b) of Pub. L. 99-177, see section 275(a)(1), (b) of Pub. L. 99-177, as amended, set out as a note above.) APPEALS OF RULINGS Section 271(c) of Pub. L. 99-177, as added by Pub. L. 100-119, title II, Sec. 210(a), Sept. 29, 1987, 101 Stat. 787, provided that: 'An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under section 301(i), 302(c), 302(f), 304(b), 306, 310(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).' (For effective date of section 271(c) of Pub. L. 99-177, see section 275(a)(1) of Pub. L. 99-177, as amended, set out as a note above.) EXERCISE OF CONGRESSIONAL RULEMAKING POWER Section 13305 of title XIII of Pub. L. 101-508 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.' Section 213 of Pub. L. 100-119 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.' Section 271(d), formerly section 271(c), of Pub. L. 99-177, as redesignated by Pub. L. 100-119, title II, Sec. 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. -SECREF- ACT REFERRED TO IN OTHER SECTIONS The Balanced Budget and Emergency Deficit Control Act of 1985 (see Short Title note above) is referred to in sections 665, 665e of this title; title 7 section 1446; title 12 section 2250; title 22 section 3751; title 31 section 1105; title 38 section 113; title 39 section 2009a; title 42 section 11303; title 48 section 1469a-1. ------DocID 7734 Document 827 of 1400------ -CITE- 2 USC Sec. 901 -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 901. Enforcing discretionary spending limits -STATUTE- (a) Fiscal years 1991-1995 enforcement (1) Sequestration Within 15 calendar days after Congress adjourns to end a session and on the same day as a sequestration (if any) under section 902 of this title and section 903 of this title, there shall be a sequestration to eliminate a budget-year breach, if any, within any category. (2) Eliminating a breach Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the baseline level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to eliminate a breach within that category; except that the health programs set forth in section 906(e) of this title shall not be reduced by more than 2 percent and the uniform percent applicable to all other programs under this paragraph shall be increased (if necessary) to a level sufficient to eliminate that breach. If, within a category, the discretionary spending limits for both new budget authority and outlays are breached, the uniform percentage shall be calculated by - (A) first, calculating the uniform percentage necessary to eliminate the breach in new budget authority, and (B) second, if any breach in outlays remains, increasing the uniform percentage to a level sufficient to eliminate that breach. (3) Military personnel If the President uses the authority to exempt any military personnel from sequestration under section 905(h) of this title, each account within subfunctional category 051 (other than those military personnel accounts for which the authority provided under section 905(h) 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. (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) OMB 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. 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. (b) Adjustments to discretionary spending limits (1) When the President submits the budget under section 1105(a) of title 31 for budget year 1992, 1993, 1994, or 1995 (except as otherwise indicated), OMB shall calculate (in the order set forth below), and the budget shall include, adjustments to discretionary spending limits (and those limits as cumulatively adjusted) for the budget year and each outyear through 1995 to reflect the following: (A) Changes in concepts and definitions The adjustments produced by the amendments made by title XIII of the Omnibus Budget Reconciliation Act of 1990 or by any other changes in concepts and definitions 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 other changes in concepts and definitions may only be made in consultation with the Committees on Appropriations, the Budget, Government Operations, and Governmental Affairs of the House of Representatives and Senate. (B) Changes in inflation (i) For a budget submitted for budget year 1992, 1993, 1994, or 1995, the adjustments produced by changes in inflation shall equal the levels of discretionary new budget authority and outlays in the baseline (calculated using current estimates) subtracted from those levels in that baseline recalculated with the baseline inflators for the budget year only, multiplied by the inflation adjustment factor computed under clause (ii). (ii) For a budget year the inflation adjustment factor shall equal the ratio between the level of year-over-year inflation measured for the fiscal year most recently completed and the applicable estimated level for that year set forth below: For 1990, 1.041 For 1991, 1.052 For 1992, 1.041 For 1993, 1.033 Inflation shall be measured by the average of the estimated gross national product implicit price deflator index for a fiscal year divided by the average index for the prior fiscal year. (C) Credit reestimates For a budget submitted for fiscal year 1993 or 1994, the adjustments produced by reestimates to costs of Federal credit programs shall be, for any such program, a current estimate of new budget authority and outlays associated with a baseline projection of the prior year's gross loan level for that program minus the baseline projection of the prior year's new budget authority and associated outlays for that program. (2) When OMB submits a sequestration report under section 904(g) or (h) of this title for fiscal year 1991, 1992, 1993, 1994, or 1995 (except as otherwise indicated), OMB shall calculate (in the order set forth below), and the sequestration report, and subsequent budgets submitted by the President under section 1105(a) of title 31, shall include, adjustments to discretionary spending limits (and those limits as adjusted) for the fiscal year and each succeeding year through 1995, as follows: (A) IRS funding To the extent that appropriations are enacted that provide additional new budget authority or result in additional outlays (as compared with the CBO baseline constructed in June 1990) for the Internal Revenue Service compliance initiative in any fiscal year, the adjustments for that year shall be those amounts, but shall not exceed the amounts set forth below - (i) for fiscal year 1991, $191,000,000 in new budget authority and $183,000,000 in outlays; (ii) for fiscal year 1992, $172,000,000 in new budget authority and $169,000,000 in outlays; (iii) for fiscal year 1993, $183,000,000 in new budget authority and $179,000,000 in outlays; (iv) for fiscal year 1994, $187,000,000 in new budget authority and $183,000,000 in outlays; and (v) for fiscal year 1995, $188,000,000 in new budget authority and $184,000,000 in outlays; and the prior-year outlays resulting from these appropriations of budget authority. (B) Debt forgiveness If, in calendar year 1990 or 1991, an appropriation is enacted that forgives the Arab Republic of Egypt's foreign military sales indebtedness to the United States and any part of the Government of Poland's indebtedness to the United States, the adjustment shall be the estimated costs (in new budget authority and outlays, in all years) of that forgiveness. (C) IMF funding If, in fiscal year 1991, 1992, 1993, 1994, or 1995 an appropriation is enacted to provide to the International Monetary Fund the dollar equivalent, in terms of Special Drawing Rights, of the increase in the United States quota as part of the International Monetary Fund Ninth General Review of Quotas, the adjustment shall be the amount provided by that appropriation. (D) Emergency appropriations (i) If, for fiscal year 1991, 1992, 1993, 1994, or 1995, appropriations for discretionary accounts are enacted that the President designates as emergency requirements and that the Congress so designates in statute, the adjustment shall be the total of such appropriations in discretionary accounts designated as emergency requirements and the outlays flowing in all years from such appropriations. (ii) The costs for operation Desert Shield are to be treated as emergency funding requirements not subject to the defense spending limits. Funding for Desert Shield will be provided through the normal legislative process. Desert Shield costs should be accommodated through Allied burden-sharing, subsequent appropriation Acts, and if the President so chooses, through offsets within other defense accounts. Emergency Desert Shield costs mean those incremental costs associated with the increase in operations in the Middle East and do not include costs that would be experienced by the Department of Defense as part of its normal operations absent Operation Desert Shield. (E) Special allowance for discretionary new budget authority (i) For each of fiscal years 1992 and 1993, the adjustment for the domestic category in each year shall be an amount equal to 0.1 percent of the sum of the adjusted discretionary spending limits on new budget authority for all categories for fiscal years 1991, 1992, and 1993 (cumulatively), together with outlays associated therewith (calculated at the composite outlay rate for the domestic category); (ii) for each of fiscal years 1992 and 1993, the adjustment for the international category in each year shall be an amount equal to 0.079 percent of the sum of the adjusted discretionary spending limits on new budget authority for all categories for fiscal years 1991, 1992, and 1993 (cumulatively), together with outlays associated therewith (calculated at the composite outlay rate for the international category); and (iii) if, for fiscal years 1992 and 1993, the amount of new budget authority provided in appropriation Acts exceeds the discretionary spending limit on new budget authority for any category due to technical estimates made by the Director of the Office of Management and Budget, the adjustment is the amount of the excess, but not to exceed an amount (for 1992 and 1993 together) equal to 0.042 percent of the sum of the adjusted discretionary limits on new budget authority for all categories for fiscal years 1991, 1992, and 1993 (cumulatively). (F) Special outlay allowance If in any fiscal year outlays for a category exceed the discretionary spending limit for that category but new budget authority does not exceed its limit for that category (after application of the first step of a sequestration described in subsection (a)(2) of this section, if necessary), the adjustment in outlays is the amount of the excess, but not to exceed $2,500,000,000 in the defense category, $1,500,000,000 in the international category, or $2,500,000,000 in the domestic category (as applicable) in fiscal year 1991, 1992, or 1993, and not to exceed $6,500,000,000 in fiscal year 1994 or 1995 less any of the outlay adjustments made under subparagraph (E) for a category for a fiscal year. -SOURCE- (Pub. L. 99-177, title II, Sec. 251, Dec. 12, 1985, 99 Stat. 1063; Pub. L. 100-119, title I, Sec. 102(a), Sept. 29, 1987, 101 Stat. 754; Pub. L. 100-203, title VIII, Sec. 8003(f), Dec. 22, 1987, 101 Stat. 1330-282; Pub. L. 101-508, title XIII, Sec. 13101(a), (e)(2), Nov. 5, 1990, 104 Stat. 1388-577, 1388-593.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out under section 900 of this title. -REFTEXT- REFERENCES IN TEXT The Omnibus Budget Reconciliation Act of 1990, referred to in subsec. (b)(1)(A), is Pub. L. 101-508, Nov. 5, 1990, 104 Stat. 1388. Title XIII of the Act is known as the Budget Enforcement Act of 1990. For complete classification of title XIII to the Code, see Short Title of 1990 Amendment note set out under section 900 of this title and Tables. -COD- CODIFICATION Pub. L. 101-508, Sec. 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. -MISC3- AMENDMENTS 1990 - Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 665, 665b, 665e, 900, 902, 903, 904, 905, 908, 922 of this title; title 38 section 113; title 39 section 2009a. ------DocID 7735 Document 828 of 1400------ -CITE- 2 USC Sec. 902 -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 902. Enforcing pay-as-you-go -STATUTE- (a) Fiscal years 1992-1995 enforcement 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. (b) Sequestration; look-back 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 903 of this title, there shall be a sequestration to offset the amount of any net deficit increase in that fiscal year and the prior fiscal year caused by all direct spending and receipts legislation enacted after November 5, 1990 (after adjusting for any prior sequestration as provided by paragraph (2)). OMB shall calculate the amount of deficit increase, if any, in those fiscal years by adding - (1) all applicable estimates of direct spending and receipts legislation transmitted under subsection (d) of this section applicable to those fiscal years, other than any amounts included in such estimates resulting from - (A) full funding of, and continuation of, the deposit insurance guarantee commitment in effect on November 5, 1990, and (B) emergency provisions as designated under subsection (e) of this section; and (2) the estimated amount of savings in direct spending programs applicable to those fiscal years resulting from the prior year's sequestration under this section or section 903 of this title, if any (except for any amounts sequestered as a result of a net deficit increase in the fiscal year immediately preceding the prior fiscal year), as published in OMB's end-of-session sequestration report for that prior year. (c) Eliminating a deficit increase (1) The amount required to be sequestered in a fiscal year under subsection (b) of this section shall be obtained from non-exempt direct spending accounts from actions taken in the following order: (A) First All reductions in automatic spending increases specified in section 906(a) of this title shall be made. (B) Second If additional reductions in direct spending accounts are required to be made, the maximum reductions permissible under sections 906(b) of this title (guaranteed student loans) and 906(c) 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 paragraph (1); except that the medicare programs specified in section 906(d) of this title shall not be reduced by more than 4 percent and the uniform percentage applicable to all other direct spending programs under this paragraph shall be increased (if necessary) to a level sufficient to achieve the required reduction in direct spending. (ii) For purposes of determining reductions under clause (i), outlay reductions (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration. (2) For purposes of this subsection, accounts shall be assumed to be at the level in the baseline. (d) OMB estimates 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 1995 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 1995 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. (e) Emergency legislation If, for fiscal year 1991, 1992, 1993, 1994, or 1995, 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 through 1995 resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d) of this section. -SOURCE- (Pub. L. 99-177, title II, Sec. 252, Dec. 12, 1985, 99 Stat. 1072; Pub. L. 100-119, title I, Sec. 102(a), Sept. 29, 1987, 101 Stat. 764; Pub. L. 100-203, title VIII, Sec. 8003(e), Dec. 22, 1987, 101 Stat. 1330-282; Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-581.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out under section 900 of this title. -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), means Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1037, as amended, 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. -COD- CODIFICATION November 5, 1990, referred to in subsecs. (a), (b), and (d), 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. -MISC3- AMENDMENTS 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, Sec. 8003(e), substituted 'proposed' for 'made'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 665, 665e, 900, 901, 903, 904, 906, 907d, 908, 922 of this title; title 7 section 1446; title 16 sections 3834, 3837d, 3839c; title 31 section 1341; title 39 section 2009a. ------DocID 7736 Document 829 of 1400------ -CITE- 2 USC Sec. 903 -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 903. Enforcing deficit targets -STATUTE- (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) of this section. The 'margin' for fiscal year 1992 or 1993 is zero and for fiscal year 1994 or 1995 is $15,000,000,000. (c) Dividing sequestration To eliminate the excess deficit in a budget year, half of the required outlay reductions shall be obtained from non-exempt defense accounts (accounts designated as function 050 in the President's fiscal year 1991 budget submission) and half from non-exempt, non-defense accounts (all other non-exempt accounts). (d) Defense Each non-exempt defense account shall be reduced by a dollar amount calculated by multiplying the level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to carry out subsection (c) of this section, except that, if any military personnel are exempt, adjustments shall be made under the procedure set forth in section 901(a)(3) of this title. (e) Non-defense Actions to reduce non-defense accounts shall be taken in the following order: (1) First All reductions in automatic spending increases under section 906(a) of this title shall be made. (2) Second If additional reductions in non-defense accounts are required to be made, the maximum reduction permissible under sections 906(b) of this title (guaranteed student loans) and 906(c) 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) of this section, except that - (i) the medicare program specified in section 906(d) of this title shall not be reduced by more than 2 percent in total including any reduction of less than 2 percent made under section 902 of this title or, if it has been reduced by 2 percent or more under section 902 of this title, it may not be further reduced under this section; and (ii) the health programs set forth in section 906(e) of this title shall not be reduced by more than 2 percent in total (including any reduction made under section 901 of this title), and the uniform percent applicable to all other programs under this subsection shall be increased (if necessary) to a level sufficient to achieve the required reduction in non-defense outlays. (B) For purposes of determining reductions under subparagraph (A), outlay reduction (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration. (f) Baseline assumptions; part-year appropriations (1) Budget assumptions For purposes of subsections (b), (c), (d), and (e) of this section, accounts shall be assumed to be at the level in the baseline minus any reductions required to be made under sections 901 and 902 of this title. (2) Part-year appropriations If, on the date specified in subsection (a) of this section, there is in effect an Act making or continuing appropriations for part of a fiscal year for any non-exempt budget account, then the dollar sequestration calculated for that account under subsection (d) or (e) of this section, as applicable, shall be subtracted from - (A) the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation; and (B) when a full-year appropriation for that account is enacted, from the amount otherwise provided by the full-year appropriation; except that the amount to be sequestered from that account shall be reduced (but not below zero) by the savings achieved by that appropriation when the enacted amount is less than the baseline for that account. (g) Adjustments to maximum deficit amounts (1) Adjustments (A) When the President submits the budget for fiscal year 1992, the maximum deficit amounts for fiscal years 1992, 1993, 1994, and 1995 shall be adjusted to reflect up-to-date reestimates of economic and technical assumptions and any changes in concepts or definitions. When the President submits the budget for fiscal year 1993, the maximum deficit amounts for fiscal years 1993, 1994, and 1995 shall be further adjusted to reflect up-to-date reestimates of economic and technical assumptions and any changes in concepts or definitions. (B) When submitting the budget for fiscal year 1994, the President may choose to adjust the maximum deficit amounts for fiscal years 1994 and 1995 to reflect up-to-date reestimates of economic and technical assumptions. If the President chooses to adjust the maximum deficit amount when submitting the fiscal year 1994 budget, the President may choose to invoke the same adjustment procedure when submitting the budget for fiscal year 1995. In each case, the President must choose between making no adjustment or the full adjustment described in paragraph (2). If the President chooses to make that full adjustment, then those procedures for adjusting discretionary spending limits described in sections 901(b)(1)(C) and 901(b)(2)(E) of this title, otherwise applicable through fiscal year 1993 or 1994 (as the case may be), shall be deemed to apply for fiscal year 1994 (and 1995 if applicable). (C) When the budget for fiscal year 1994 or 1995 is submitted and the sequestration reports for those years under section 904 of this title are made (as applicable), if the President does not choose to make the adjustments set forth in subparagraph (B), the maximum deficit amount for that fiscal year shall be adjusted by the amount of the adjustment to discretionary spending limits first applicable for that year (if any) under section 901(b) of this title. (D) For each fiscal year the adjustments required to be made with the submission of the 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 of this title. (2) Calculations of adjustments The required increase or decrease shall be calculated as follows: (A) The baseline deficit or surplus shall be calculated using up-to-date economic and technical assumptions, using up-to-date concepts and definitions, and, in lieu of the baseline levels of discretionary appropriations, using the discretionary spending limits set forth in section 665 of this title as adjusted under section 901 of this title. (B) The net deficit increase or decrease caused by all direct spending and receipts legislation enacted after 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 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). -SOURCE- (Pub. L. 99-177, title II, Sec. 253, Dec. 12, 1985, 99 Stat. 1078; Pub. L. 100-119, title I, Sec. 103, Sept. 29, 1987, 101 Stat. 775; Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-583.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out under section 900 of this title. -COD- 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. -MISC3- 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). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 665, 900, 901, 902, 904, 906, 907d of this title. ------DocID 7737 Document 830 of 1400------ -CITE- 2 USC Sec. 904 -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 904. Reports and orders -STATUTE- (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 CBO sequestration preview report. budget submission The President's budget submission OMB sequestration preview report. August 10 Notification regarding military personnel. August 15 CBO sequestration update report. August 20 OMB sequestration update report. 10 days after end of session CBO final sequestration report. 15 days after end of session OMB final sequestration report; Presidential order. 30 days later GAO compliance report. ------------------------------- (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) Optional adjustment of maximum deficit amounts 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). (d) Sequestration preview reports (1) Reporting requirement On the dates specified in subsection (a) of this section, OMB and CBO shall issue a preview report regarding discretionary, pay-as-you-go, and deficit sequestration based on laws enacted through those dates. (2) Discretionary sequestration report The preview reports shall set forth estimates for the current year and each subsequent year through 1995 of the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under section 901 of this title. (3) Pay-as-you-go sequestration reports The preview reports shall set forth, for the current year and the budget year, estimates for each of the following: (A) The amount of net deficit increase or decrease, if any, calculated under subsection 902(b) of this title. (B) A list identifying each law enacted and sequestration implemented after November 5, 1990, included in the calculation of the amount of deficit increase or decrease and specifying the budgetary effect of each such law. (C) The sequestration percentage or (if the required sequestration percentage is greater than the maximum allowable percentage for medicare) percentages necessary to eliminate a deficit increase under section 902(c) of this title. (4) Deficit sequestration reports The preview reports shall set forth for the budget year estimates for each of the following: (A) The maximum deficit amount, the estimated deficit calculated under section 903(b) of this title, 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. (e) Notification regarding military personnel On or before the date specified in subsection (a) of this section, the President shall notify the Congress of the manner in which he intends to exercise flexibility with respect to military personnel accounts under section 905(h) of this title. (f) Sequestration update reports On the dates specified in subsection (a) of this section, OMB and CBO shall issue a sequestration update report, reflecting laws enacted through those dates, containing all of the information required in the sequestration preview reports. (g) Final sequestration reports (1) Reporting requirement On the dates specified in subsection (a) of this section, OMB and CBO shall issue a final sequestration report, updated to reflect laws enacted through those dates. (2) Discretionary sequestration reports The final reports shall set forth estimates for each of the following: (A) For the current year and each subsequent year through 1995 the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under section 901 of this title. (B) For the current year and the budget year the estimated new budget authority and outlays for each category and the breach, if any, in each category. (C) For each category for which a sequestration is required, the sequestration percentages necessary to achieve the required reduction. (D) For the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions. (3) Pay-as-you-go and deficit sequestration reports The final reports shall contain all the information required in the pay-as-you-go and deficit sequestration preview reports. In addition, these reports shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions. The reports shall also contain estimates of the effects on outlays of the sequestration in each outyear through 1995 for direct spending programs. (4) Explanation of differences The OMB report shall explain any differences between OMB and CBO estimates of the amount of any net deficit change calculated under subsection (FOOTNOTE 1) 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 resources for any budget account to be reduced if such difference is greater than $5,000,000. (FOOTNOTE 1) So in original. Probably should be 'section'. (5) Presidential order On the date specified in subsection (a) of this section, if in its final sequestration report OMB estimates that any sequestration is required, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance. (h) 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 (g)(2). Fifteen days after enactment, OMB shall issue a report containing the information required in paragraphs (g)(2) and (g)(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. (i) GAO compliance report On the date specified in subsection (a) of this section, 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. (j) 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. (k) 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. -SOURCE- (Pub. L. 99-177, title II, Sec. 254, Dec. 12, 1985, 99 Stat. 1078; Pub. L. 100-119, title I, Sec. 102(b)(1), 106(e)(2), Sept. 29, 1987, 101 Stat. 773, 781; Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-586.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out under section 900 of this title. -COD- CODIFICATION November 5, 1990, referred to in subsec. (d)(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. -MISC3- AMENDMENTS 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, Sec. 102(b)(1), substituted 'the Director of OMB' for 'the Comptroller General'. Subsec. (b)(1)(E). Pub. L. 100-119, Sec. 106(e)(2), inserted provisions relating to maximum deficit amount for fiscal year 1988 or 1989. FISCAL YEAR DEFICIT CONTROL MEASURES 1991 - Section 13401 of Pub. L. 101-508 provided that: '(a) Order Rescinded. - Upon the enactment of this Act (Nov. 5, 1990), the orders issued by the President on August 25, 1990, and October 15, 1990 (set out below), pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) are hereby rescinded. '(b) Amounts Restored. - Any action taken to implement the orders referred to in subsection (a) shall be reversed, and any sequestrable resource that has been reduced or sequestered by such orders is hereby restored, revived, or released and shall be available to the same extent and for the same purpose as if the orders had not been issued. '(c) Furloughed Employees. - (1) Federal employees furloughed as a result of the lapse in appropriations from midnight October 5, 1990, until the enactment of House Joint Resolution 666 (Pub. L. 101-412, which was approved Oct. 9, 1990) shall be compensated at their standard rate of compensation for the period during which there was a lapse in appropriations. '(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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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 (2 U.S.C. 900(c)(6), 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. 901) 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, Sec. 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, Sec. 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, Sec. 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, Sec. 11002, Dec. 19, 1989, 103 Stat. 2490, provided that: '(a) Order Rescinded. - (1) Upon the issuance of a new final order by the President under subsection (b)(4) (set out below), the order issued by the President on October 16, 1989 (set out below), pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) is rescinded. '(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) Adjusted Reduction. - '(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. 901) for the final report issued under section 251(c)(2) (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) Compliance Report by Comptroller General. - Before the close of the thirtieth day beginning after the date the President issues a new final order under subsection (b)(4), the Comptroller General shall submit to the Congress and the President a compliance report setting forth the information required under section 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 903) with respect to such order. '(d) No Double Reduction in Medicare. - With respect to items and services described in section 6001, 6101, or 6201 (set out above) for periods for which reductions are made pursuant to the respective sections, no reduction shall be made under subsection (b).' 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, Sec. 4001, 4041(b), 4061, title VIII, Sec. 8002, Dec. 22, 1987, 101 Stat. 1330-42, 1330-84, 1330-100, 1330-281. Pub. L. 100-202, Sec. 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, Sec. 202, July 2, 1986, 100 Stat. 748. Pub. L. 99-255, Mar. 7, 1986, 100 Stat. 39, as amended by Pub. L. 99-322, Sec. 1, May 23, 1986, 100 Stat. 494. Order of the President of the United States, Feb. 1, 1986, 51 F.R. 4291. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 901, 903, 906, 907a, 907b, 907c, 907d, 922 of this title. ------DocID 7738 Document 831 of 1400------ -CITE- 2 USC Sec. 905 -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 905. Exempt programs and activities -STATUTE- (a) Social security benefits and tier I railroad retirement benefits Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), and benefits payable under section 231b(a), 231b(f)(3), 231c(a), or 231c(f) of title 45, shall be exempt from reduction under any order issued under this subchapter. (b) Veterans programs The following programs shall be exempt from reduction under any order issued under this subchapter: National Service Life Insurance Fund (36-8132-0-7-701); Service-Disabled Veterans Insurance Fund (36-4012-0-3-701); Veterans Special Life Insurance Fund (36-8455-0-8-701); Veterans Reopened Insurance Fund (36-4010-0-3-701); United States Government Life Insurance Fund (36-8150-0-7-701); Veterans Insurance and Indemnity (36-0120-0-1-701); Special Therapeutic and Rehabilitation Activities Fund (36-4048-0-3-703); Veterans' Canteen Service Revolving Fund (36-4014-0-3-705); Benefits under chapter 21 of title 38 relating to specially adapted housing and mortgage-protection life insurance for certain veterans with service-connected disabilities (36-0137-0-1-702); Benefits under section 907 of title 38 relating to burial benefits for veterans who die as a result of service-connected disability (36-0155-0-1-701); Benefits under chapter 39 of title 38 relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces (36-0137-0-1-702); Veterans' compensation (36-0153-0-1-701); and Veterans' pensions (36-0154-0-1-701). (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) Earned income tax credit Payments to individuals made pursuant to section 32 of title 26 shall be exempt from reduction under any order issued under this subchapter. (e) Non-defense unobligated balances Unobligated balances of budget authority carried over from prior fiscal years, except balances in the defense category, shall be exempt from reduction under any order issued under this subchapter. (f) Certain program bases Outlays for programs specified in paragraph (1) of section 907 (FOOTNOTE 1) of this title shall be subject to reduction only in accordance with the procedures established in section 901(a)(3)(C) (FOOTNOTE 1) and 906(b) (FOOTNOTE 1) of this title. (FOOTNOTE 1) See References in Text note below. (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; Administration of Territories, Northern Mariana Islands Covenant grants (14-0412-0-1-806); Thrift Savings Fund (26-8141-0-7-602); Alaska Power Administration, Operations and maintenance (89-0304-0-1-271); Appropriations for the District of Columbia (to the extent they are appropriations of locally raised funds); Bonneville Power Administration fund and borrowing authority established pursuant to section 13 of Public Law 93-454 (1974), as amended (16 U.S.C. 838k) (89-4045-0-3-271); Bureau of Indian Affairs, miscellaneous payments to Indians (14-2303-0-1-452); Bureau of Indian Affairs miscellaneous trust funds, tribal trust funds (14-9973-0-7-999); Claims, defense (97-0102-0-1-051); Claims, judgments, and relief acts (20-1895-0-1-806); Coinage profit fund (20-5811-0-2-803); Compensation of the President (11-0001-0-1-802); Customs Service, miscellaneous permanent appropriations (20-9922-0-2-852); Comptroller of the Currency; Director of the Office of Thrift Supervision; Dual benefits payments account (60-0111-0-1-601); Eastern Indian land claims settlement fund (14-2202-0-1-806); Exchange stabilization fund (20-4444-0-3-155); Farm Credit System Financial Assistance Corporation, interest payments (20-1850-0-1-351); Federal Deposit Insurance Corporation; Federal Deposit Insurance Corporation, Bank Insurance Fund; Federal Deposit Insurance Corporation, FSLIC Resolution Fund; Federal Deposit Insurance Corporation, Savings Association Insurance Fund; Federal Housing Finance Board; Federal payment to the railroad retirement account (60-0113-0-1-601); Foreign military sales trust fund (11-8242-0-7-155); Health professions graduate student loan insurance fund (Health Education Assistance Loan Program) (75-4305-0-3-553); Higher education facilities loans and insurance (91-0240-01-502); Internal Revenue Collections for Puerto Rico (20-5737-0-2-852); Intragovernmental funds, including those from which the outlays are derived primarily from resources paid in from other government accounts, except to the extent such funds are augmented by direct appropriations for the fiscal year during which an order is in effect; Panama Canal Commission, operating expenses (95-5190-0-2-403), and Panama Canal Commission, capital outlay (95-5190-0-2-403); Medical facilities guarantee and loan fund, Federal interest subsidies for medical facilities (75-4430-03-551); National Credit Union Administration; National Credit Union Administration, central liquidity facility; National Credit Union Administration, credit union share insurance fund; Payment of Vietnam and USS Pueblo prisoner-of-war claims (15-0104-0-1-153); Payment to civil service retirement and disability fund (24-0200-0-1-805); Payments to copyright owners (03-5175-0-2-376); Payments to health care trust funds (75-0580-0-1-572); Payments to military retirement fund (97-0040-0-1-054); Compact of Free Association, economic assistance pursuant to Public Law 99-658 (14-0415-0-1-806); Payments to social security trust funds (75-0404-0-1-571); Payments to state and local government fiscal assistance trust fund (20-2111-0-1-851); Payments to the foreign service retirement and disability fund (11-1036-0-1-153 and 19-0540-0-1-153); Payments to trust funds from excise taxes or other receipts properly creditable to such trust funds; Payments to the United States territories, fiscal assistance (14-0418-0-1-852); Payments to widows and heirs of deceased Members of Congress (00-0215-0-1-801); Postal service fund (18-4020-0-3-372); Resolution Funding Corporation; Resolution Trust Corporation; Salaries of Article III judges; Soldiers and Airmen's Home, payment of claims (84-8930-0-7-705); Southeastern Power Administration, Operations and maintenance (89-0302-0-1-271); Southwestern Power Administration, Operations and maintenance (89-0303-0-1-271); Tennessee Valley Authority fund, except non-power programs and activities (64-4110-0-3-999); Washington Metropolitan Area Transit Authority, interest payments (46-0300-0-1-401); Western Area Power Administration, Construction, rehabilitation, operations, and maintenance (89-5068-0-2-271); and Western Area Power Administration, Colorado River basins power marketing fund (89-4452-0-3-271). (B) The following budget accounts and activities shall be exempt from reduction under any order issued under this subchapter: 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); Railroad supplemental annuity pension fund (60-8012-0-7-602); Retired pay, Coast Guard (69-0241-0-1-403); Retirement pay and medical benefits for commissioned officers, Public Health Service (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). (2) Prior legal obligations of the Government in the following budget accounts and activities shall be exempt from any order issued under this subchapter: Agency for International Development, Housing, and other credit guarantee programs (72-4340-0-3-151); Agricultural credit insurance fund (12-4140-0-3-351); Biomass energy development (20-0114-0-1-271); Check forgery insurance fund (20-4109-0-3-803); Community development grant loan guarantees (86-0162-0-1-451); Credit union share insurance fund (25-4468-0-3-371); Economic development revolving fund (13-4406-0-3-452); Employees life insurance fund (24-8424-0-8-602); Energy security reserve (Synthetic Fuels Corporation) (20-0112-0-1-271); Export-Import Bank of the United States, Limitation of program activity (83-4027-0-3-155); Federal Aviation Administration, Aviation insurance revolving fund (69-4120-0-3-402); Federal Crop Insurance Corporation fund (12-4085-0-3-351); Federal Deposit Insurance Corporation (51-8419-0-8-371); Federal Emergency Management Agency, National flood insurance fund (58-4236-0-3-453); Federal Emergency Management Agency, National insurance development fund (58-4235-0-3-451); Federal Housing Administration fund (86-4070-0-3-371); Federal ship financing fund (69-4301-0-3-403); Federal ship financing fund, fishing vessels (13-4417-0-3-376); Geothermal resources development fund (89-0206-0-1-271); Government National Mortgage Association, Guarantees of mortgage-backed securities (86-4238-0-3-371); Health education loans (75-4307-0-3-553); Homeowners assistance fund, Defense (97-4090-0-3-051); Indian loan guarantee and insurance fund (14-4410-0-3-452); International Trade Administration, Operations and administration (13-1250-0-1-376); Low-rent public housing, Loans and other expenses (86-4098-0-3-604); Maritime Administration, War-risk insurance revolving fund (69-4302-0-3-403); Overseas Private Investment Corporation (71-4030-0-3-151); Pension Benefit Guaranty Corporation fund (16-4204-0-3-601); Rail service assistance (69-0122-0-1-401); 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); Veterans Administration, Loan guaranty revolving fund (36-4025-0-3-704); (FOOTNOTE 2) (FOOTNOTE 2) So in original. Probably should be followed by 'and'. Veterans Administration, Servicemen's group life insurance fund (36-4009-0-3-701); (FOOTNOTE 3) (FOOTNOTE 3) So in original. The semicolon probably should be a period. (h) (FOOTNOTE 4) Low-income programs (FOOTNOTE 4) Another subsec. (h) appears after subsec. (i). The following programs shall be exempt from reduction under any order issued under this subchapter: Aid to families with dependent children (75-0412-0-1-609); Child nutrition (12-3539-0-1-605); Commodity supplemental food program (12-3512-0-1-605); Food stamp programs (12-3505-0-1-605 and 12-3550-0-1-605); Grants to States for Medicaid (75-0512-0-1-55l); Supplemental Security Income Program (75-0406-0-1-609); and Women, infants, and children program (12-3510-0-1-605). (i) Identification of programs 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. (h) (FOOTNOTE 5) Optional exemption of military personnel (FOOTNOTE 5) So in original. Probably should be '(j)'. (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. -SOURCE- (Pub. L. 99-177, title II, Sec. 255, Dec. 12, 1985, 99 Stat. 1082; Pub. L. 99-509, title VII, Sec. 7002(a), Oct. 21, 1986, 100 Stat. 1949; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-86, title V, Sec. 506(a), Aug. 10, 1987, 101 Stat. 634; Pub. L. 100-119, title I, Sec. 104(a)(1), (2), (b), (c)(1), Sept. 29, 1987, 101 Stat. 775-777; Pub. L. 101-73, title VII, Sec. 743(a), (c), Aug. 9, 1989, 103 Stat. 437; Pub. L. 101-220, Sec. 8, Dec. 12, 1989, 103 Stat. 1881; Pub. L. 101-508, title XIII, Sec. 13101(c), Nov. 5, 1990, 104 Stat. 1388-589.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out under section 900 of this title. -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a), 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 (Sec. 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. Section 907 of this title, referred to in subsec. (f), was amended generally by Pub. L. 101-508, title XIII, Sec. 13101(e)(1), Nov. 5, 1990, 104 Stat. 1388-591, and, as so amended, does not contain a par. (1). Section 901 of this title, referred to in subsec. (f), was amended generally by Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-577, and, as so amended, does not contain a subsec. (a)(3)(C). Section 906(b) of this title, referred to in subsec. (f), was redesignated section 906(h) of this title by Pub. L. 101-508, title XIII, Sec. 13101(d)(2), Nov. 5, 1990, 104 Stat. 1388-589. Public Law 99-658, referred to in subsec. (g)(1)(A), is set out as a note under section 1681 of Title 48, Territories and Insular Possessions. 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. -MISC2- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 13101(c)(3), inserted item relating to railroad supplemental annuity pension fund. Subsec. (h). Pub. L. 101-508, Sec. 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 stablization fund. Pub. L. 101-73, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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. -CHANGE- CHANGE OF NAME Reference to Veterans' Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -MISC4- EFFECTIVE DATE OF 1986 AMENDMENT Section 7002(b) of Pub. L. 99-509 provided that: 'The amendment made by subsection (a) (amending this section) shall apply to fiscal years beginning after September 30, 1986.' -TRANS- TERMINATION OF UNITED STATES SYNTHETIC FUELS CORPORATION The United States Synthetic Fuels Corporation was terminated by Pub. L. 99-272, title VII, Sec. 7403(b), Apr. 7, 1986, 100 Stat. 144, set out as a note under section 8791 of Title 42, The Public Health and Welfare. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 901, 904 of this title. ------DocID 7739 Document 832 of 1400------ -CITE- 2 USC Sec. 906 -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 906. Exceptions, limitations, and special rules -STATUTE- (a) Automatic spending increases Automatic spending increases are increases in outlays due to changes in indexes in the following programs: (1) National Wool Act; (2) Special milk program; and (3) Vocational rehabilitation basic State grants. In those programs all amounts other than the automatic spending increases shall be exempt from reduction under any order issued under this subchapter. (b) Effect of orders on guaranteed student loan program (1) Any reductions which are required to be achieved from the student loan programs operated pursuant to part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.), as a consequence of an order issued pursuant to section 904 of this title, shall be achieved only from loans described in paragraphs (2) and (3) by the application of the measures described in such paragraphs. (2) For any loan made during the period beginning on the date that an order issued under section 904 of this title takes effect with respect to a fiscal year and ending at the close of such fiscal year, the rate used in computing the special allowance payment pursuant to section 438(b)(2)(A)(iii) of such Act (20 U.S.C. 1087-1(b)(2)(A)(iii)) for each of the first four special allowance payments for such loan shall be adjusted by reducing such rate by the lesser of - (A) 0.40 percent, or (B) the percentage by which the rate specified in such section exceeds 3 percent. (3) For any loan made during the period beginning on the date that an order issued under section 904 of this title takes effect with respect to a fiscal year and ending at the close of such fiscal year, the origination fee which is authorized to be collected pursuant to section 438(c)(2) of such Act (20 U.S.C. 1087-1(c)(2)) shall be increased by 0.50 percent. (c) Treatment of foster care and adoption assistance programs Any order issued by the President under section 904 of this title shall make the reduction which is otherwise required under the foster care and adoption assistance programs (established by part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.)) only with respect to payments and expenditures made by States in which increases in foster care maintenance payment rates or adoption assistance payment rates (or both) are to take effect during the fiscal year involved, and only to the extent that the required reduction can be accomplished by applying a uniform percentage reduction to the Federal matching payments that each such State would otherwise receive under section 474 of that Act (42 U.S.C. 674) (for such fiscal year) for that portion of the State's payments which is attributable to the increases taking effect during that year. No State's matching payments from the Federal Government for foster care maintenance payments or for adoption assistance maintenance payments may be reduced by a percentage exceeding the applicable domestic sequestration percentage. No State may, after December 12, 1985, make any change in the timetable for making payments under a State plan approved under part E of title IV of the Social Security Act which has the effect of changing the fiscal year in which expenditures under such part are made. (d) Special rules for Medicare program (1) Calculation of reduction in individual payment amounts To achieve the total percentage reduction in those programs required by sections 902 and 903 of this title, and notwithstanding section 710 of the Social Security Act (42 U.S.C. 911), OMB shall determine, and the applicable Presidential order under section 904 of this title shall implement, the percentage reduction that shall apply to payments under the health insurance programs under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for services furnished after the order is issued, such that the reduction made in payments under that order shall achieve the required total percentage reduction in those payments for that fiscal year as determined on a 12-month basis. (2) Timing of application of reductions (A) In general Except as provided in subparagraph (B), if a reduction is made under paragraph (1) in payment amounts pursuant to a sequestration order, the reduction shall be applied to payment for services furnished during the effective period of the order. For purposes of the previous sentence, in the case of inpatient services furnished for an individual, the services shall be considered to be furnished on the date of the individual's discharge from the inpatient facility. (B) Payment on the basis of cost reporting periods In the case in which payment for services of a provider of services is made under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) on a basis relating to the reasonable cost incurred for the services during a cost reporting period of the provider, if a reduction is made under paragraph (1) in payment amounts pursuant to a sequestration order, the reduction shall be applied to payment for costs for such services incurred at any time during each cost reporting period of the provider any part of which occurs during the effective period of the order, but only (for each such cost reporting period) in the same proportion as the fraction of the cost reporting period that occurs during the effective period of the order. (3) No increase in beneficiary charges in assignment-related cases If a reduction in payment amounts is made under paragraph (1) for services for which payment under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) is made on the basis of an assignment described in section 1842(b)(3)(B)(ii) (42 U.S.C. 1395u(b)(3)(B)(ii)), in accordance with section 1842(b)(6)(B) (42 U.S.C. 1395u(b)(6)(B)), or under the procedure described in section 1870(f)(1) (42 U.S.C. 1395gg(f)(1)), of such Act, the person furnishing the services shall be considered to have accepted payment of the reasonable charge for the services, less any reduction in payment amount made pursuant to a sequestration order, as payment in full. (4) No effect on computation of AAPCC In computing the adjusted average per capita cost for purposes of section 1876(a)(4) of the Social Security Act (42 U.S.C. 1395mm(a)(4)), the Secretary of Health and Human Services shall not take into account any reductions in payment amounts which have been or may be effected under this subchapter. (e) Community and migrant health centers, Indian health services and facilities, and veterans' medical care (1) The maximum permissible reduction in budget authority for any account listed in paragraph (2) for any fiscal year, pursuant to an order issued under section 904 of this title, shall be - (A) 1 percent in the case of the fiscal year 1986, and (B) 2 percent in the case of any subsequent fiscal year. (2) The accounts referred to in paragraph (1) are as follows: (A) Community health centers (75-0350-0-1-550). (B) Migrant health centers (75-0350-0-1-550). (C) Indian health facilities (75-0391-0-1-551). (D) Indian health services (75-0390-0-1-551). (E) Veterans' medical care (36-0160-0-1-703). For purposes of the preceding provisions of this paragraph, programs are identified by the designated budget account identification code numbers set forth in the Budget of the United States Government - Appendix. (f) Treatment of child support enforcement program Notwithstanding any change in the display of budget accounts, any order issued by the President under section 904 of this title shall accomplish the full amount of any required reduction in expenditures under sections 455 and 458 of the Social Security Act (42 U.S.C. 655, 658) by reducing the Federal matching rate for State administrative costs under such program, as specified (for the fiscal year involved) in section 455(a) of such Act, to the extent necessary to reduce such expenditures by that amount. (g) Federal pay (1) In general For purposes of any order issued under section 904 of this title - (A) Federal pay under a statutory pay system, and (B) elements of military pay, shall be subject to reduction under an order in the same manner as other administrative expense components of the Federal budget; except that no such order may reduce or have the effect of reducing the rate of pay to which any individual is entitled under any such statutory pay system (as increased by any amount payable under section 5304 of title 5 or section 302 of the Federal Employees Pay Comparability Act of 1990) or the rate of any element of military pay to which any individual is entitled under title 37, or any increase in rates of pay which is scheduled to take effect under section 5303 of title 5, section 1009 of title 37, or any other provision of law. (2) Definitions For purposes of this subsection: (A) The term 'statutory pay system' shall have the meaning given that term in section 5302(1) of title 5. (B) The term 'elements of military pay' means - (i) the elements of compensation of members of the uniformed services specified in section 1009 of title 37, (ii) allowances provided members of the uniformed services under sections 403a and 405 of such title, and (iii) cadet pay and midshipman pay under section 203(c) of such title. (C) The term 'uniformed services' shall have the meaning given that term in section 101(3) of title 37. (h) Treatment of Federal administrative expenses (1) Notwithstanding any other provision of this title, (FOOTNOTE 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. (FOOTNOTE 1) See References in Text note below. (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 joint resolution. (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) (FOOTNOTE 1) of this section shall be subject to reduction or sequestration under this subchapter notwithstanding the exemption otherwise granted to such programs under that subsection. (4) Notwithstanding any other provision of law, this subsection shall not apply with respect to the following: (A) Comptroller of the Currency. (B) Federal Deposit Insurance Corporation. (C) Office of Thrift Supervision. (FOOTNOTE 2) (FOOTNOTE 2) So in original. Subpars. (C) and (D) are identical. (D) Office of Thrift Supervision. (FOOTNOTE 2) (E) National Credit Union Administration. (F) National Credit Union Administration, central liquidity facility. (G) Federal Retirement Thrift Investment Board. (H) Resolution Funding Corporation. (I) Resolution Trust Corporation. (i) Treatment of payments and advances made with respect to unemployment compensation programs (1) For purposes of section 904 of this title - (A) any amount paid as regular unemployment compensation by a State from its account in the Unemployment Trust Fund (established by section 904(a) of the Social Security Act (42 U.S.C. 1104(a))), (B) any advance made to a State from the Federal unemployment account (established by section 904(g) of such Act (42 U.S.C. 1104(g))) under title XII of such Act (42 U.S.C. 1321 et seq.) and any advance appropriated to the Federal unemployment account pursuant to section 1203 of such Act (42 U.S.C. 1323), and (C) any payment made from the Federal Employees Compensation Account (as established under section 909 of such Act (42 U.S.C. 1109)) for the purpose of carrying out chapter 85 of title 5 and funds appropriated or transferred to or otherwise deposited in such Account, shall not be subject to reduction. (2)(A) A State may reduce each weekly benefit payment made under the Federal-State Extended Unemployment Compensation Act of 1970 for any week of unemployment occurring during any period with respect to which payments are reduced under an order issued under section 904 of this title by a percentage not to exceed the percentage by which the Federal payment to the State under section 204 of such Act is to be reduced for such week as a result of such order. (B) A reduction by a State in accordance with subparagraph (A) shall not be considered as a failure to fulfill the requirements of section 3304(a)(11) of title 26. (j) Commodity Credit Corporation (1) Powers and authorities of the Commodity Credit Corporation This title (FOOTNOTE 3) 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. (FOOTNOTE 3) See References in Text note below. (2) Reduction in payments made under contracts (A) Payments and 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 made by the Commodity Credit Corporation - (i) under the terms of any one-year contract entered into in such fiscal year and after the issuance of the order; and (ii) out of an entitlement account, to any person (including any producer, lender, or guarantee entity) shall be subject to reduction under the order. (B) Each 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 joint resolution, 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. No other account, or other program, project, or activity, shall bear an increased reduction for the fiscal year to which the order applies as a result of the operation of the preceding sentence. (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 - (A) 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; and (B) with respect to commodity price support and income protection programs, shall be made in such manner and under such procedures as will attempt to ensure that - (i) uncertainty as to the scope of benefits under any such program is minimized; (ii) any instability in market prices for agricultural commodities resulting from the reduction is minimized; and (iii) normal production and marketing relationships among agricultural commodities (including both contract and non-contract commodities) are not distorted. In meeting the criterion set out in clause (iii) of subparagraph (B) of the preceding sentence, the President shall take into consideration that reductions under an order may apply to programs for two or more agricultural commodities that use the same type of production or marketing resources or that are alternative commodities among which a producer could choose in making annual production decisions. (5) No double reduction No agricultural price support or income protection program that is subject to reduction under an order issued under section 904 of this title for a fiscal year may be subject, as well, to modification or suspension under such order as an automatic spending increase. (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) Special rules for JOBS portion of AFDC (1) Full amount of sequestration required Any order issued by the President under section 904 of this title shall accomplish the full amount of any required sequestration of the job opportunities and basic skills training program under section 402(a)(19) (42 U.S.C. 602(a)(19)), and part F of title VI, (FOOTNOTE 4) of the Social Security Act, in the manner specified in this subsection. Such an order may not reduce any Federal matching rate pursuant to section 403(l) of the Social Security Act (42 U.S.C. 603(l)). (FOOTNOTE 4) See References in Text note below. (2) New allotment formula (A) General rule Notwithstanding section 403(k) of the Social Security Act (42 U.S.C. 603(k)), each State's percentage share of the amount available after sequestration for direct spending pursuant to section 403(l) of such Act for the fiscal year to which the sequestration applies shall be equal to - (i) (FOOTNOTE 5) the lesser of - (FOOTNOTE 5) So in original. Subsec. (k)(2)(A) enacted without a cl. (ii). (I) that percentage of the total amount paid to the States pursuant to such section 403(l) for the prior fiscal year that is represented by the amount paid to such State pursuant to such section 403(l) for the prior fiscal year; or (II) the amount that would have been allotted to such State pursuant to such section 403(k) had the sequestration not been in effect. (B) Reallotment of amounts remaining unallotted after application of general rule Any amount made available after sequestration for direct spending pursuant to section 403(l) of the Social Security Act (42 U.S.C. 603(l)) for the fiscal year to which the sequestration applies that remains unallotted as a result of subparagraph (A) of this paragraph shall be allotted among the States in proportion to the absolute difference between the amount allotted, respectively, to each State as a result of such subparagraph and the amount that would have been allotted to such State pursuant to section 403(k) of such Act had the sequestration not been in effect, except that a State may not be allotted an amount under this subparagraph that results in a total allotment to the State under this paragraph of more than the amount that would have been allotted to such State pursuant to such section 403(k) had the sequestration not been in effect. (l) Effects of sequestration The effects of sequestration shall be as follows: (1) Budgetary resources sequestered from any account other than a trust or special fund account shall be permanently cancelled. (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) 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. -SOURCE- (Pub. L. 99-177, title II, Sec. 256, Dec. 12, 1985, 99 Stat. 1086; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-86, title V, Sec. 506(b), Aug. 10, 1987, 101 Stat. 634; Pub. L. 100-119, title I, Sec. 102(b)(2), (3), (11), 104(a)(3), (4), Sept. 29, 1987, 101 Stat. 773, 775, 776; Pub. L. 101-73, title VII, Sec. 743(b), Aug. 9, 1989, 103 Stat. 437; Pub. L. 101-508, title XIII, Sec. 13101(d), Nov. 5, 1990, 104 Stat. 1388-589; Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(2)(A), (4)(H)), Nov. 5, 1990, 104 Stat. 1427, 1439, 1440.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out under section 900 of this title. -REFTEXT- REFERENCES IN TEXT The Higher Education Act of 1965, referred to in subsec. (b)(1), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Part B of title IV of such Act is classified generally to part B (Sec. 1071 et seq.) 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. (c), (d)(1), (2)(B), (3), (i)(1)(B), and (k)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part E of title IV of the Social Security Act is classified generally to part E (Sec. 670 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. Part F of title VI of the Social Security Act probably means part F of title IV of the Social Security Act, which is classified generally to part F (Sec. 681 et seq.) of subchapter IV of chapter 7 of Title 42. Titles XII and XVIII of the Social Security Act are classified generally to subchapters XII (Sec. 1321 et seq.) and XVIII (Sec. 1395 et seq.), respectively, of chapter 7 of Title 42. Part B of title XVIII of the Social Security Act is classified generally to part B (Sec. 1395j et seq.) 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, Sec. 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), means title II (Sec. 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. This joint resolution, referred to in subsecs. (h)(2) and (j)(3), (6), means Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1037, as amended, 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. Subsec. (h)(1) of this section, referred to in subsec. (h)(3), was redesignated subsec. (i)(1) of this section by Pub. L. 101-508, title XIII, Sec. 13101(d)(2), Nov. 5, 1990, 104 Stat. 1388-589. 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, as amended, 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. -MISC2- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-508, Sec. 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, Sec. 13101(d)(3), substituted 'section 904 of this title' for 'section 902 of this title' in pars. (1) to (3). Pub. L. 101-508, Sec. 13101(d)(2), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (h). Subsec. (c). Pub. L. 101-508, Sec. 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, Sec. 13101(d)(3), substituted 'section 904 of this title' for 'section 902 of this title'. Pub. L. 101-508, Sec. 13101(d)(2), redesignated subsec. (f) as (c). Former subsec. (c) redesignated (b). Subsec. (d)(1). Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 13101(d)(2), redesignated subsec. (k) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(1). Pub. L. 101-508, Sec. 13101(d)(3), substituted 'section 904 of this title' for 'section 902 of this title'. Subsec. (f). Pub. L. 101-508, Sec. 13101(d)(3), substituted 'section 904 of this title' for 'section 902 of this title'. Pub. L. 101-508, Sec. 13101(d)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (c). Subsec. (g)(1). Pub. L. 101-509, Sec. 529 (title I, Sec. 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, Sec. 13101(d)(3), substituted 'section 904 of this title' for 'section 902 of this title'. Subsec. (g)(2)(A). Pub. L. 101-509, Sec. 529 (title I, Sec. 101(b)(2)(A)), substituted '5302(1)' for '5301(c)'. Subsec. (h). Pub. L. 101-508, Sec. 13101(d)(2), redesignated subsec. (b) as (h). Former subsec. (h) redesignated (i). Subsec. (h)(1). Pub. L. 101-508, Sec. 13101(d)(3), substituted 'section 904 of this title' for 'section 902 of this title'. Subsec. (i). Pub. L. 101-508, Sec. 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, Sec. 13101(d)(3), substituted 'section 904 of this title' for 'section 902 of this title'. Subsec. (j). Pub. L. 101-508, Sec. 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, Sec. 13101(d)(2), added subsec. (k). Former subsec. (k) redesignated (e). Subsec. (l). Pub. L. 101-508, Sec. 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, Sec. 743(b)(1), substituted 'Office of Thrift Supervision' for 'Federal Home Loan Bank Board'. Subsec. (b)(4)(D). Pub. L. 101-73, Sec. 743(b)(2), substituted 'Office of Thrift Supervision' for 'Federal Savings and Loan Insurance Corporation'. Subsec. (b)(4)(H), (I). Pub. L. 101-73, Sec. 743(b)(3), added subpars. (H) and (I). 1987 - Subsec. (a)(2). Pub. L. 100-119, Sec. 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, Sec. 104(a)(3), added subpar. (G). Subsec. (d)(1)(B). Pub. L. 100-119, Sec. 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, Sec. 104(a)(4), substituted 'Notwithstanding any change in the display of budget accounts, any order' for 'Any order'. Subsec. (l). Pub. L. 100-119, Sec. 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. 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, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 901, 902, 903, 905 of this title; title 12 section 1772c. ------DocID 7740 Document 833 of 1400------ -CITE- 2 USC Sec. 907 -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 907. The baseline -STATUTE- (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) No program with estimated current-year outlays greater than $50 million shall be assumed to expire in the budget year or outyears. (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. (3) Hospital Insurance Trust Fund Notwithstanding any other provision of law, the receipts and disbursements of the Hospital Insurance Trust Fund shall be included in all calculations required by this Act. (c) Discretionary appropriations For the budget year and each outyear, the baseline shall be calculated using the following assumptions regarding all amounts other than those covered by subsection (b) of this section: (1) Inflation of current-year appropriations Budgetary resources other than unobligated balances shall be at the level provided for the budget year in full-year appropriation Acts. If for any account a full-year appropriation has not yet been enacted, budgetary resources other than 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 national product fixed-weight 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) Sale of assets or prepayment of loans 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; (FOOTNOTE 1) (FOOTNOTE 1) So in original. The semicolon probably should be a period. -SOURCE- (Pub. L. 99-177, title II, Sec. 257, formerly Sec. 251(a)(6)(I), 257, Dec. 12, 1985, 99 Stat. 1092; Pub. L. 100-119, title I, Sec. 102(a), (b)(4)-(8), 104(c)(2), 106(b), Sept. 29, 1987, 101 Stat. 754, 773, 774, 777, 780; redesignated Sec. 257 and amended Pub. L. 101-508, title XIII, Sec. 13101(b), (e)(1), (2), Nov. 5, 1990, 104 Stat. 1388-589, 1388-591, 1388-593.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out under section 900 of this title. -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (b)(3), means Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1037, as amended, 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. -COD- CODIFICATION Pub. L. 101-508, Sec. 13101(b), redesignated former par. (12) of this section as section 250(c)(21) of Pub. L. 99-177, which is classified to section 900(c)(21) of this title. Pub. L. 101-508, Sec. 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. -MISC3- AMENDMENTS 1990 - Pub. L. 101-508, Sec. 13101(e)(1), amended section generally, substituting provisions relating to baseline for provisions relating to definitions. Subsec. (e). Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 102(b)(5), added par. (9). Par. (10). Pub. L. 100-119, Sec. 106(b), added par. (10). Par. (11). Pub. L. 100-119, Sec. 102(b)(6), added par. (11). Par. (12). Pub. L. 100-119, Sec. 102(b)(7), added par. (12). Pars. (13), (14). Pub. L. 100-119, Sec. 102(b)(8), added pars. (13) and (14). DEFINITION OF TERMS USED IN BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985 Pub. L. 101-163, title III, Sec. 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 901 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, Sec. 101(i) (title III, Sec. 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 901 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, Sec. 7001, Oct. 21, 1986, 100 Stat. 1948, provided that: '(a) In General. - Benefits which are payable in calendar year 1987, 1988, 1989, 1990, or 1991, under programs listed in section 257(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), (2 U.S.C. 907(1)(A)), including any cost-of-living adjustment in such benefits, shall not be subject to modification, suspension, or reduction in such calendar year pursuant to a Presidential order issued under such Act (see Short Title note set out under 2 U.S.C. 901). '(b) Definition. - For purposes of this section, the term 'cost-of-living adjustment' means any increase or change in the amount of a benefit or in standards relating to such benefit under any provision of Federal law which requires such increase or change as a result of any change in the Consumer Price Index (or any component thereof) or any other index which measures costs, prices, or wages.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 900, 905, 922 of this title. ------DocID 7741 Document 834 of 1400------ -CITE- 2 USC Sec. 907a -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 907a. Suspension in event of war or low growth -STATUTE- (a) Procedures in event of low-growth report (1) Trigger Whenever CBO issues a low-growth report under section 904(j) of this title, 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 904(j) of this title are met and suspending the relevant provisions of this title, (FOOTNOTE 1) titles III and VI of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq., 665 et seq.), and section 1103 of title 31. (FOOTNOTE 1) See References in Text note below. (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) 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) of this section - (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 of the Congressional Budget Act of 1974 (2 U.S.C. 633(f), 641(d), 642(a), 665 et seq.) 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) of this section 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) of this section, 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) of this section triggered by that resolution are no longer effective. -SOURCE- (Pub. L. 99-177, title II, Sec. 258, as added Pub. L. 101-508, title XIII, Sec. 13101(f), Nov. 5, 1990, 104 Stat. 1388-593.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out under section 900 of this title. -REFTEXT- REFERENCES IN TEXT This title, referred to in subsec. (a)(1), means title II (Sec. 200 et seq.) of Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1038, as amended, 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, as amended. Titles III and VI of the Act are classified generally to subchapters I (Sec. 631 et seq.) and IV (Sec. 665 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. 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, as amended. 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. Sections 254 and 258 of the Balanced Budget and Emergency Deficit Control Act of 1985 are classified to sections 904 and 907a, respectively, of this title. -COD- CODIFICATION Another section 258 of Pub. L. 99-177 was added by Pub. L. 100-119 and is classified to section 908 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 665 of this title. ------DocID 7742 Document 835 of 1400------ -CITE- 2 USC Sec. 907b -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 907b. Modification of Presidential order -STATUTE- (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) of this section 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) of this section, 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) of this section, 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) of this section, 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 of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq., 651 et seq., 665 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) of this section, the Senate receives from the House of Representatives a joint resolution introduced under subsection (a) of this section, 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) of this section 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) of this section 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. -SOURCE- (Pub. L. 99-177, title II, Sec. 258A, as added Pub. L. 101-508, title XIII, Sec. 13101(f), Nov. 5, 1990, 104 Stat. 1388-595.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out under section 900 of this title. -REFTEXT- 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, as amended. Titles III, IV, and VI of the Act are classified generally to subchapters I (Sec. 631 et seq.), II (Sec. 651 et seq.), and IV (Sec. 665 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. ------DocID 7743 Document 836 of 1400------ -CITE- 2 USC Sec. 907c -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 907c. Flexibility among defense programs, projects, and activities -STATUTE- (a) Reductions beyond amount specified in Presidential order Subject to subsections (b), (c), and (d) of this section, 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) of this section 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 (FOOTNOTE 1) for a fiscal year unless - (FOOTNOTE 1) So in original. Probably should be 'section'. (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 (FOOTNOTE 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) of this section 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. (FOOTNOTE 1) (e) Form and title of joint resolution (1) The matter after the resolving clause in any joint resolution introduced pursuant to subsection (d) of this section 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 the Senate (1) A joint resolution introduced in the Senate under subsection (d) of this section 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) of this section, 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) of this section 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) of this section, 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) of this section, 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) of this section 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) of this section, the Senate receives from the House of Representatives a joint resolution introduced under subsection (d) of this section, 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) of this section 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) of this section 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. -SOURCE- (Pub. L. 99-177, title II, Sec. 258B, as added Pub. L. 101-508, title XIII, Sec. 13101(g), Nov. 5, 1990, 104 Stat. 1388-597.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out under section 900 of this title. -REFTEXT- 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, as amended. Titles III and IV of the Act are classified generally to subchapters I (Sec. 631 et seq.) and II (Sec. 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. ------DocID 7744 Document 837 of 1400------ -CITE- 2 USC Sec. 907d -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 907d. Special reconciliation process -STATUTE- (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) of this section, 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. -SOURCE- (Pub. L. 99-177, title II, Sec. 258C, as added Pub. L. 101-508, title XIII, Sec. 13101(g), Nov. 5, 1990, 104 Stat. 1388-600.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out under section 900 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 641, 644 of this title. ------DocID 7745 Document 838 of 1400------ -CITE- 2 USC Sec. 908 -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 908. Modification of Presidential order -STATUTE- (a) Introduction of joint resolution At any time after the Director of OMB issues a report under section 901(c)(2) (FOOTNOTE 1) of this title for a fiscal year, but before the close of the tenth calendar day of session in that 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 902 (FOOTNOTE 1) of this title 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. (FOOTNOTE 1) See References in Text note below. (b) Procedures for consideration of joint resolutions (1) No referral to committee A joint resolution introduced in the Senate or the House of Representatives under subsection (a) of this section shall not be referred to a committee of the Senate or the House of Representatives, as the case may be, and shall be placed on the appropriate calendar pending disposition of such joint resolution in accordance with this subsection. (2) Immediate consideration On or after the third calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution is introduced under subsection (a) of this section, notwithstanding any rule or precedent of the Senate, including Rule 22 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 respective House to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived, except for points of order under titles III or IV of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq., 651 et seq.). 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 motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the respective House 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 respective House until disposed of. (3) Debate (A) In the Senate, debate on a joint resolution introduced under subsection (a) of this section, 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). In the House, general debate on a joint resolution introduced under subsection (a) of this section shall be limited to not more than 4 hours which shall be equally divided between the majority and minority leaders. (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. In the Senate, a motion to recommit the joint resolution is not in order. In the House, a motion further to limit debate is in order and not debatable. In the House, a motion to recommit is in order. (C)(i) In the House of Representatives, an amendment and any amendment thereto is debatable for not to exceed 30 minutes to be equally divided between the proponent of the amendment and a Member opposed thereto. (ii) No amendment that is not germane or relevant to the provisions of the joint resolution or to the order issued under section 902(b)(1) (FOOTNOTE 1) 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 the majority leader and the minority leader (or their designees). (iii) 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) of this section, a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, and the disposition of any amendments under paragraph (3) (except for the motion to recommit in the House of Representatives), the vote on final passage of the joint resolution shall occur. (5) Appeals Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution described in subsection (a) of this section shall be decided without debate. (6) 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. (7) Resolution from other House If, before the passage by the Senate of a joint resolution of the Senate introduced under subsection (a) of this section, the Senate receives from the House of Representatives a joint resolution introduced under subsection (a) of this section, then the following procedures shall apply: (A) The joint resolution of the House of Representatives shall not be referred to a committee. (B) With respect to a joint resolution introduced under subsection (a) of this section 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 it, the Senate shall be considered to have passed the 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) of this section 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. -SOURCE- (Pub. L. 99-177, title II, Sec. 258, as added Pub. L. 100-119, title I, Sec. 105(a), Sept. 29, 1987, 101 Stat. 778.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates note set out under section 900 of this title. -REFTEXT- REFERENCES IN TEXT Section 901 of this title, referred to in subsec. (a), was amended generally by Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-577, and, as so amended, does not contain a subsec. (c). Provisions relating to reports by the Director of OMB are contained in section 904 of this title. Section 902 of this title, referred to in subsecs. (a) and (b)(3)(C)(ii), was amended generally by Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-581. Provisions relating to Presidential orders are contained in section 904(g)(5) of this title. The Congressional Budget Act of 1974, referred to in subsec. (b)(2), (6), is titles I to IX of Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended. Titles III and IV of the Act are classified generally to subchapters I (Sec. 631 et seq.) and II (Sec. 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. -COD- CODIFICATION Another section 258 of Pub. L. 99-177 was added by Pub. L. 101-508 and is classified to section 907a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 665 of this title. ------DocID 7746 Document 839 of 1400------ -CITE- 2 USC Sec. 909 -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER I -HEAD- Sec. 909. Repealed. Pub. L. 101-508, title XIII, Sec. 13212, Nov. 5, 1990, 104 Stat. 1388-621 -MISC1- Section, Pub. L. 100-119, title II, Sec. 202, Sept. 29, 1987, 101 Stat. 784, prohibited counting as savings transfer of Government actions from one year to another. ------DocID 7747 Document 840 of 1400------ -CITE- 2 USC SUBCHAPTER II -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER II -HEAD- SUBCHAPTER II - OPERATION AND REVIEW ------DocID 7748 Document 841 of 1400------ -CITE- 2 USC Sec. 921 -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER II -HEAD- Sec. 921. Transferred -COD- CODIFICATION Section, Pub. L. 99-177, title II, Sec. 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(g) of this title. ------DocID 7749 Document 842 of 1400------ -CITE- 2 USC Sec. 922 -EXPCITE- TITLE 2 CHAPTER 20 SUBCHAPTER II -HEAD- Sec. 922. Judicial review -STATUTE- (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 902 (FOOTNOTE 1) of this title violates the Constitution. (FOOTNOTE 1) See References in Text note below. (2) Any Member of Congress, or any other person adversely affected by any action taken under this title, (FOOTNOTE 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. (FOOTNOTE 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 902 (FOOTNOTE 1) of this title do not comply with the requirements of this title. (FOOTNOTE 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) of this section shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of an order issued pursuant to an action brought under paragraph (1), (2), or (3) of subsection (a) of this section shall be issued by a single Justice of the Supreme Court. (c) Expedited consideration It shall be the duty of the District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under subsection (a) of this section. (d) Noncompliance with sequestration procedures (1) If it is finally determined by a court of competent jurisdiction that an order issued by the President under section 902(b) (FOOTNOTE 1) of this title for any fiscal year - (A) does not reduce automatic spending increases under any program specified in section 907(1) (FOOTNOTE 1) of this title to the extent that 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), (B) does not sequester the amount of new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority which is required to be sequestered by subchapter I of this chapter (or sequesters more than that amount) with respect to any program, project, activity, or account, or (C) 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, 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 902(b) (FOOTNOTE 1) of this title for any fiscal year - (A) does not reduce any automatic spending increase to the extent that such increase is required to be reduced by subchapter I of this chapter, (B) does not sequester any amount of new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority which is required to be sequestered by subchapter I of this chapter, or (C) does not reduce any obligation limitation by the amount by which such limitation is required to be reduced under subchapter I of this chapter, on the claim or defense that the constitutional powers of the President prevent such sequestration or reduction or permit the avoidance of such sequestration or reduction, and such claim or defense is finally determined by the Supreme Court of the United States to be valid, then the entire order issued pursuant to section 902(b) (FOOTNOTE 1) 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 902 (FOOTNOTE 1) 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) Alternative procedures for joint reports of Directors (1) In the event that any of the reporting procedures described in section 901 (FOOTNOTE 1) of this title are invalidated, then any report of the Director of CBO under section 901(a)(2)(A) or 901(c)(1) (FOOTNOTE 1) of this title shall be transmitted to the joint committee established under this subsection. (2) Upon the invalidation of any such procedure there is established a Temporary Joint Committee on Deficit Reduction, composed of the entire membership of the Budget Committees of the House of Representatives and the Senate. The Chairman of these two committees shall act as Co-Chairmen of the Joint Committee. Actions taken by the Joint Committee shall be determined by the majority vote of the members representing each House. The purposes of the Joint Committee are to receive the reports of the Director of CBO as described in paragraph (1), and to report (with respect to each such report of the Director of CBO) a joint resolution as described in paragraph (3). (3) No later than 5 days after the receipt of a report of the Director of CBO in accordance with paragraph (1), the Joint Committee shall report to the House of Representatives and the Senate a joint resolution setting forth the contents of the report of the Director of CBO. (4) The provisions relating to the consideration of a joint resolution under section 904(a)(4) (FOOTNOTE 1) of this title shall apply to the consideration of a joint resolution reported pursuant to this subsection in the House of Representatives and the Senate, except that debate in each House shall be limited to two hours. (5) Upon its enactment, the joint resolution shall be deemed to be the report received by the President under section 901(a)(2)(B) or (c)(2) (FOOTNOTE 1) of this title (whichever is applicable). (g) Preservation of other rights The rights created by this section are in addition to the rights of any person under law, subject to subsection (e) of this section. (h) Economic data and assumptions The economic data and economic assumptions used by the Director of OMB in computing the base levels of total revenues and total budget outlays, as specified in any report issued by the Director of OMB under section 901(a)(2)(B) or (c)(2) (FOOTNOTE 1) of this title, shall not be subject to review in any judicial or administrative proceeding. -SOURCE- (Pub. L. 99-177, title II, Sec. 274, Dec. 12, 1985, 99 Stat. 1098; Pub. L. 100-119, title I, Sec. 102(b)(9), (10), Sept. 29, 1987, 101 Stat. 774, 775.) -REFTEXT- REFERENCES IN TEXT Section 902 of this title, referred to in subsecs. (a)(1), (3), (d), and (e), was amended generally by Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-581. Provisions relating to Presidential orders are contained in section 904(g)(5) of this title. This title, referred to in subsec. (a)(2), (3), means title II (Sec. 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 901 of this title and Tables. Section 907 of this title, referred to in subsec. (d)(1)(A), was amended generally by Pub. L. 101-508, title XIII, Sec. 13101(e)(1), Nov. 5, 1990, 104 Stat. 1388-591, and, as so amended, does not contain a par. (1). Section 901 of this title, referred to in subsecs. (f)(1), (5), and (h), was amended generally by Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-577. Provisions relating to reports are contained in section 904 of this title. Section 904 of this title, referred to in subsec. (f)(4), was amended generally by Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-586, and, as so amended, does not contain a subsec. (a)(4). -MISC2- AMENDMENTS 1987 - Subsec. (f)(1). Pub. L. 100-119, Sec. 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, Sec. 102(b)(9)(B), substituted 'Director of CBO' for 'Directors' wherever appearing. Subsec. (f)(5). Pub. L. 100-119, Sec. 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, Sec. 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)'. ------DocID 7750 Document 843 of 1400------ -CITE- 2 USC CHAPTER 21 -EXPCITE- TITLE 2 CHAPTER 21 -HEAD- CHAPTER 21 - CIVIC ACHIEVEMENT AWARD PROGRAM IN HONOR OF OFFICE OF SPEAKER OF HOUSE OF REPRESENTATIVES ------DocID 7751 Document 844 of 1400------ -CITE- 2 USC Sec. 1001 to 1004 -EXPCITE- TITLE 2 CHAPTER 21 -HEAD- Sec. 1001 to 1004. Repealed. Pub. L. 101-483, Oct. 31, 1990, 104 Stat. 1166 -MISC1- Section 1001, Pub. L. 100-158, Sec. 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, Sec. 2, Nov. 9, 1987, 101 Stat. 897; Pub. L. 101-118, Sec. 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, Sec. 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, Sec. 4, Nov. 9, 1987, 101 Stat. 898; Pub. L. 101-118, Sec. 1, Oct. 17, 1989, 103 Stat. 698, related to authorization of appropriations to carry out Civic Achievement Award Program. PREAMBLE Preamble to Pub. L. 100-158 was repealed by Pub. L. 101-483, Oct. 31, 1990, 104 Stat. 1166. ------DocID 7752 Document 845 of 1400------ -CITE- 2 USC CHAPTER 22 -EXPCITE- TITLE 2 CHAPTER 22 -HEAD- CHAPTER 22 - JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT -MISC1- Sec. 1101. Congressional findings. 1102. Definitions. 1103. Establishment of John C. Stennis Center for Public Service Training and Development. (a) Establishment. (b) Board of Trustees. (c) Term of office. (d) Travel and subsistence pay. (e) Location of Center. 1104. Purposes and authority of Center. (a) Purposes of Center. (b) Authority of Center. (c) Program priorities. 1105. John C. Stennis Center for Public Service Development Trust Fund. (a) Establishment of fund. (b) Investment of fund assets. (c) Authority to sell obligations. (d) Proceeds from certain transactions credited to fund. 1106. Expenditures and audit of trust fund. (a) In general. (b) Audit by GAO. 1107. Executive Director of Center. (a) Appointment by Board. (b) Compensation. 1108. Administrative provisions. (a) In general. (b) Annual report. 1109. Authorization for appropriations. 1110. Appropriations. ------DocID 7753 Document 846 of 1400------ -CITE- 2 USC Sec. 1101 -EXPCITE- TITLE 2 CHAPTER 22 -HEAD- Sec. 1101. Congressional findings -STATUTE- 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. -SOURCE- (Pub. L. 100-458, title I, Sec. 112, Oct. 1, 1988, 102 Stat. 2172.) -MISC1- SHORT TITLE Section 111 of Pub. L. 100-458 provided that: 'This subtitle (subtitle B (Sec. 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'.' ------DocID 7754 Document 847 of 1400------ -CITE- 2 USC Sec. 1102 -EXPCITE- TITLE 2 CHAPTER 22 -HEAD- Sec. 1102. Definitions -STATUTE- 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. -SOURCE- (Pub. L. 100-458, title I, Sec. 113, Oct. 1, 1988, 102 Stat. 2172.) ------DocID 7755 Document 848 of 1400------ -CITE- 2 USC Sec. 1103 -EXPCITE- TITLE 2 CHAPTER 22 -HEAD- Sec. 1103. Establishment of John C. Stennis Center for Public Service Training and Development -STATUTE- (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) of this section 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. -SOURCE- (Pub. L. 100-458, title I, Sec. 114, Oct. 1, 1988, 102 Stat. 2173.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1102 of this title. ------DocID 7756 Document 849 of 1400------ -CITE- 2 USC Sec. 1104 -EXPCITE- TITLE 2 CHAPTER 22 -HEAD- Sec. 1104. Purposes and authority of Center -STATUTE- (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. -SOURCE- (Pub. L. 100-458, title I, Sec. 115, Oct. 1, 1988, 102 Stat. 2173.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1108 of this title. ------DocID 7757 Document 850 of 1400------ -CITE- 2 USC Sec. 1105 -EXPCITE- TITLE 2 CHAPTER 22 -HEAD- Sec. 1105. John C. Stennis Center for Public Service Development Trust Fund -STATUTE- (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) of this section. (b) Investment of fund assets (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. (c) Authority to sell obligations 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. (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. -SOURCE- (Pub. L. 100-458, title I, Sec. 116, Oct. 1, 1988, 102 Stat. 2174; Pub. L. 101-520, title III, Sec. 313(a), Nov. 5, 1990, 104 Stat. 2282.) -COD- CODIFICATION In subsec. (b)(2), 'chapter 31 of title 31' substituted for 'the Second Liberty Bond Act' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -MISC3- AMENDMENTS 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.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1102, 1108 of this title. ------DocID 7758 Document 851 of 1400------ -CITE- 2 USC Sec. 1106 -EXPCITE- TITLE 2 CHAPTER 22 -HEAD- Sec. 1106. Expenditures and audit of trust fund -STATUTE- (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 General Accounting Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. Representatives of the General Accounting 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. -SOURCE- (Pub. L. 100-458, title I, Sec. 117, Oct. 1, 1988, 102 Stat. 2175; Pub. L. 101-520, title III, Sec. 313(b), Nov. 5, 1990, 104 Stat. 2282.) -MISC1- AMENDMENTS 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.' ------DocID 7759 Document 852 of 1400------ -CITE- 2 USC Sec. 1107 -EXPCITE- TITLE 2 CHAPTER 22 -HEAD- Sec. 1107. Executive Director of Center -STATUTE- (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. -SOURCE- (Pub. L. 100-458, title I, Sec. 118, Oct. 1, 1988, 102 Stat. 2175.) -MISC1- 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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 7760 Document 853 of 1400------ -CITE- 2 USC Sec. 1108 -EXPCITE- TITLE 2 CHAPTER 22 -HEAD- Sec. 1108. Administrative provisions -STATUTE- (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 5 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) Annual report The Center shall submit to Congress an annual report of its operations under this chapter. -SOURCE- (Pub. L. 100-458, title I, Sec. 119, Oct. 1, 1988, 102 Stat. 2176; Pub. L. 101-163, title III, Sec. 320, Nov. 21, 1989, 103 Stat. 1068; Pub. L. 101-520, title III, Sec. 313(c), Nov. 5, 1990, 104 Stat. 2282.) -MISC1- 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'. 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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1105, 1106 of this title. ------DocID 7761 Document 854 of 1400------ -CITE- 2 USC Sec. 1109 -EXPCITE- TITLE 2 CHAPTER 22 -HEAD- Sec. 1109. Authorization for appropriations -STATUTE- There are authorized to be appropriated such sums as may be necessary to carry out this chapter. -SOURCE- (Pub. L. 100-458, title I, Sec. 120, Oct. 1, 1988, 102 Stat. 2176.) ------DocID 7762 Document 855 of 1400------ -CITE- 2 USC Sec. 1110 -EXPCITE- TITLE 2 CHAPTER 22 -HEAD- Sec. 1110. Appropriations -STATUTE- There is appropriated to the fund the sum of $7,500,000 to carry out this chapter. -SOURCE- (Pub. L. 100-458, title I, Sec. 121, Oct. 1, 1988, 102 Stat. 2176.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1105 of this title. ------DocID 7766 Document 856 of 1400------ -CITE- 3 USC Sec. 2 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 2. Failure to make choice on prescribed day -STATUTE- Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 672.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 sections 871, 1751. ------DocID 7786 Document 857 of 1400------ -CITE- 3 USC CHAPTER 2 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- CHAPTER 2 - OFFICE AND COMPENSATION OF PRESIDENT -MISC1- Sec. 101. Commencement of term of office. 102. Compensation of the President. 103. Traveling expenses. 104. Salary of the Vice President. 105. Assistance and services for the President. 106. Assistance and services for the Vice President. 107. Domestic Policy Staff and Office of Administration; personnel. 108. Assistance to the President for unanticipated needs. 109. Public property in and belonging to the Executive Residence at the White House. 110. Furniture for the Executive Residence at the White House. 111. Expense allowance of Vice President. 112. Detail of employees of executive departments. 113. Personnel report. 114. General pay limitation. AMENDMENTS 1978 - Pub. L. 95-570, Sec. 1(b), 2(b), 3(b), 5(b)(2), (c)(2), Nov. 2, 1978, 92 Stat. 2447, 2449, 2450, 2451, substituted in item 105 'Assistance and services for the President' for 'Compensation of secretaries and executive, administrative, and staff assistants to President'; in item 106 'Assistance and services for the Vice President' for 'Administrative assistants'; in item 107 'Domestic Policy Staff and Office of Administration; personnel' for 'Detail of employees of executive departments to office of President'; in item 108 'Assistance to the President for unanticipated needs' for 'Accommodations for vehicles'; and in item 109 'the Executive Residence at the White House' for 'Executive Mansion'; inserted in item 110 'the Executive Residence at the' before 'White House'; and added items 112, 113 and 114. REORGANIZATION PLAN NO. 1 OF 1977 42 F.R. 56101, 91 STAT. 1633, AS AMENDED BY PUB. L. 97-195, SEC. 1(C)(5), JUNE 16, 1982, 96 STAT. 115 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, July 15, 1977, (FOOTNOTE 1) pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. (FOOTNOTE 1) As amended Sept. 15, 1977. EXECUTIVE OFFICE OF THE PRESIDENT SECTION 1. REDESIGNATION OF DOMESTIC COUNCIL STAFF The Domestic Council staff is hereby designated the Domestic Policy Staff and shall consist of such staff personnel as are determined by the President to be necessary to assure that the needs of the President for prompt and comprehensive advice are met with respect to matters of economic and domestic policy. The staff shall continue to be headed by an Executive Director who shall be an Assistant to the President, designated by the President, as provided in Section 203 of Reorganization Plan No. 2 of 1970 (set out in Title 5, Appendix). The Executive Director shall perform such functions as the President may from time to time direct. SEC. 2. ESTABLISHMENT OF AN OFFICE OF ADMINISTRATION There is hereby established in the Executive Office of the President the Office of Administration which shall be headed by the President. There shall be a Director of the Office of Administration. The Director shall be appointed by the President and shall serve as chief administrative officer of the Office of Administration. The President is authorized to fix the compensation and duties of the Director. The Office of Administration shall provide components of the Executive Office of the President with such administrative services as the President shall from time to time direct. SEC. 3. ABOLITION OF COMPONENTS The following components of the Executive Office of the President are hereby abolished: A. The Domestic Council; B. The Office of Drug Abuse Policy; C. The Office of Telecommunications Policy; and D. The Economic Opportunity Council. SEC. 4. APPOINTMENT OF THE ASSISTANT SECRETARY OF COMMERCE FOR COMMUNICATIONS AND INFORMATION There shall be in the Department of Commerce an Assistant Secretary for Communications and Information who shall be appointed by the President, by and with the advice and consent of the Senate. (As amended Pub. L. 97-195, Sec. 1(c)(5), June 16, 1982, 96 Stat. 115.) SEC. 5. TRANSFERS OF FUNCTIONS The following functions shall be transferred: A. All functions vested in the Director of the Office of Science and Technology Policy and in the Office of Science and Technology Policy pursuant to sections 205(a)(2), 206 and 209 of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (Public Law 94-282; 90 Stat. 459) (42 U.S.C. 6614(a)(2), 6615 and 6618), are hereby transferred to the Director of the National Science Foundation. The Intergovernmental Science, Engineering, and Technology Advisory Panel, the President's Committee on Science and Technology, and the Federal Coordinating Council for Science, Engineering and Technology, established in accordance with the provisions of Titles II, III, IV of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6611 et seq., 6631 et seq., and 6651 et seq.), are hereby abolished, and their functions transferred to the President. B. Those functions of the Office of Telecommunications Policy and of its Director relating to: (1) the preparation of Presidential telecommunications policy options including, but not limited to those related to the procurement and management of Federal telecommunications systems, national security, and emergency matters; and (2) disposition of appeals from assignments of radio frequencies to stations of the United States Government; are hereby transferred to the President who may delegate such functions within the Executive Office of the President as the President may from time to time deem desirable. All other functions of the Office of Telecommunications Policy and of its Director are hereby transferred to the Secretary of Commerce who shall provide for the performance of such functions. C. The functions of the Office of Drug Abuse Policy and its Director are hereby transferred to the President, who may delegate such functions within the Executive Office of the President as the President may from time to time deem desirable. D. The functions of the Domestic Council are hereby transferred to the President, who may delegate such functions within the Executive Office of the President as the President may from time to time deem desirable. E. Those functions of the Council on Environmental Quality and the Office of Environmental Quality relating to the evaluation provided for by Section 11 of the Federal Nonnuclear Energy Research and Development Act of 1974 (Public Law 93-577, 88 Stat. 1878) (42 U.S.C. 5910), are hereby transferred to the Administrator of the Environmental Protection Agency. F. Those functions of the Office of Management and Budget and its Director relating to the Committee Management Secretariat (Public Law 92-463, 86 Stat. 770, as amended by Public Law 94-409, 90 Stat. 1247) (see section 7 of the Federal Advisory Committee Act, Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 774, as amended, set out in Title 5, Appendix) are hereby transferred to the Administrator of General Services. G. The functions of the Economic Opportunity Council are hereby transferred to the President, who may delegate such functions within the Executive Office of the President as the President may from time to time deem desirable. SEC. 6. INCIDENTAL TRANSFERS So much of the personnel, property, records, and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions transferred under this Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate department, agency, or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of all agencies abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganization Plan. SEC. 7. EFFECTIVE DATE This Reorganization Plan shall become effective at such time or times on or before April 1, 1978, as the President shall specify, but not sooner than the earliest time allowable under Section 906 of Title 5 of the United States Code. MESSAGE OF THE PRESIDENT To the Congress of the United States: I herewith transmit my plan for the Reorganization of the Executive Office of the President (EOP), Reorganization Plan No. 1 of 1977. This plan is the first of a series I intend to submit under the reorganization authority vested in me by the Reorganization Act of 1977 (Public Law 95-17) (5 U.S.C. 901-912). It adheres to the purposes set forth in Section 901(a) of the Act (5 U.S.C. 901(a)). This plan in conjunction with the other steps I am taking will: Eliminate seven of the seventeen units now within the EOP and modify the rest. There were 19 units when I took office; the President's Foreign Intelligence Advisory Board and the Economic Policy Board have already been abolished. Thus with this plan I will have eliminated nine of 19 EOP units. Reduce EOP staffing by about 250 which includes the White House staff reduction of 134 or 28 percent which I have already ordered. Improve efficiency by centralizing administrative functions; and Improve the process by which information is provided for Presidential decisionmaking. These recommendations arise from a careful, systematic study of the EOP. They are based on the premise that the EOP exists to serve the President and should be structured to meet his needs. They will reduce waste and cost while improving the service the President, and the nation, receive from the EOP. The EOP now consists of the immediate White House Office, the Vice President's Office, the Office of Management and Budget, and fourteen other agencies. The EOP has a budget authority of about $80,000,000 and 1,712 full time employees. The White House Office concentrates on close personal support including policy and political advice and administrative and operational services. The Office of the Vice President provides similar support to him. OMB's primary mission is to develop and implement the budget; it also carries out a number of management and reorganization activities. Three EOP units have responsibility for policy development: National Security Council. Domestic Council. Council on International Economic Policy. The other 11 are more specialized offices that offer analysis and advice, help develop policy in certain areas, or carry out special projects. These are: Council of Economic Advisers. Council on Wage and Price Stability. Office of the Special Representative for Trade Negotiations. Council on Environmental Quality. Office of Science and Technology Policy. Office of Drug Abuse Policy. Office of Telecommunications Policy. Intelligence Oversight Board. Federal Property Council. Energy Resources Council. Economic Opportunity Council. To make the EOP more effective, four steps are necessary: I. Strengthen management of policy issues. II. Limit the EOP, wherever possible, to functions directly related to the President's work. III. Centralize administrative services. IV. Reduce size of White House and EOP staffs. I. STRENGTHEN PROCESS MANAGEMENT OF POLICY ISSUES Perhaps the most important function of the President's staff is to make sure he has the wide variety of views and facts he needs to make decisions. By building a more orderly system for collecting information and advice, the President can make sure that he will hear all the views he should - and hear them in time. To better insure that this happens, I am taking the following actions to: Institute for domestic and economic issues, a system similar to the Presidential Review Memorandum process currently used for National Security issues. Create a committee of Presidential advisers, chaired by the Vice President, to set priorities among issues and oversee their staffing. Assure that Presidential decision memoranda on policy issues are coordinated with Cabinet and EOP advisers most involved with the issue. Consolidate under the Staff Secretary the two current White House paper circulation systems. Appoint a group of advisers to review the decisionmaking process periodically. Give the Assistant to the President for Domestic Affairs and Policy clear responsibility for managing the way in which domestic and most economic policy issues are prepared for Presidential decision. Assign follow-up responsibility for Presidential decisions as follows: immediate follow-up will be handled by the NSC or Domestic Policy Staff most directly involved in the issue; long term follow-up on selected issues will be handled by the Assistant to the President for Intergovernmental Relations. These actions recognize that the White House and Executive Office staff must use their proximity to the President to insure that the full resources of the government and the public are brought to bear on Presidential decisions in a timely fashion. It is my purpose in instituting these changes to strengthen Cabinet participation in Presidential decisions. II. RATIONALIZE EOP STRUCTURE BY LIMITING EOP, WHEREVER POSSIBLE, TO FUNCTIONS WHICH BEAR A CLOSE RELATIONSHIP TO THE WORK OF THE PRESIDENT As the President's principal staff institution, there are several major things the EOP must do: Provide day-to-day operational support (e.g., scheduling, appointments) and help the President communicate with the public, the Congress, and the press. Manage the budget and coordinate Administration positions on matters before the Congress. Manage the Presidential decisionmaking processes efficiently and fairly, and bring the President the widest possible range of opinions. Help the President: plan and set priorities; monitor and evaluate progress toward achieving the President's objectives; understand and resolve major conflicts among line subordinates; manage crises, especially in national security matters. In order to restructure the EOP around these basic functions, the functions of seven units should be discontinued or transferred, and ten units, including the White House Office, should be retained but modified. Seven units should be discontinued or their functions transferred. These are: 1. Office of Drug Abuse Policy. 2. Office of Telecommunications Policy. 3. Council on International Economic Policy. 4. Federal Property Council. 5. Energy Resources Council. 6. Economic Opportunity Council. 7. Domestic Council. The functions of the Office of Drug Abuse Policy (ODAP) can be performed by a smaller staff reporting to a Presidential adviser in the EOP. The Office itself will be discontinued. Much of the work done by the Office of Telecommunications Policy (OTP) can be more effectively performed outside the EOP. It is important that the EOP have the capacity to resolve differences and that the President have immediate advice on telecommunications and information policy, especially on national security, emergency preparedness and privacy issues. This only requires a small staff within EOP. The Office of Management and Budget would take responsibility for Federal telecommunications procurement and management policy and arbitration of interagency disputes about frequency allocation. All other functions except developing Presidential policy options would be transferred to a new office within the Department of Commerce, headed by a new Assistant Secretary for Communications and Information, who will perform many of the functions previously performed by the head of the OTP. I propose that the Economic Opportunity Council be discontinued; it is dormant and its only active function (preparation of the Catalogue of Federal Domestic Assistance) is being performed by OMB. Three other units are also inactive and should be discontinued: Council on International Economic Policy, the Federal Property Council, and the Energy Resources Council. The Domestic Council should be abolished. It has rarely functioned as a Council, because it is too large and its membership too diverse to make decisions efficiently. Its functions have been performed entirely by its staff. This Domestic Policy Staff should report to the Assistant to the President for Domestic Affairs and Policy. Under the policy process system described earlier, they should manage the process which coordinates the making of domestic and most economic policy. They should work closely with the Cabinet departments and agencies to insure that the views of the Cabinet and agency heads are brought to the President before decisions are made. The ten EOP units which will continue with some modification are: 1. White House Office. 2. Office of the Vice President. 3. Office of Management and Budget. 4. Council on Environmental Quality. 5. Council of Economic Advisers. 6. Office of Science and Technology Policy. 7. Office of the Special Representative for Trade Negotiations. 8. National Security Council. 9. Intelligence Oversight Board. 10. Council on Wage and Price Stability. The operations of the Office of the Vice President reflect the combination of constitutional, statutory, and Presidentially assigned duties that make it unique among EOP units. Because his interests and assignments cover the same range as the President's, the Vice President requires a staff with expertise in diverse areas. Its basic functions should not be changed. However, I propose that certain support functions - involving accounting, personnel services, and supply - be transferred to a centralized EOP Administrative Unit. The Office of Management and Budget would remain as a separate entity in the EOP, but some functional changes should be made. Four functions should be transferred from OMB to other parts of the government: Administration to the new EOP Central Administrative Unit; Executive Department/Labor Relations (except for Pay Agent, Executive Level Pools, and Legislative Analysis) to the Civil Service Commission; Advisory Committee Management Secretariat to the General Services Administration; Statistical Policy (except Forms Clearance) to the Department of Commerce. I have asked the OMB to reorganize its management arm to emphasize major Presidential initiatives, such as reorganization, program evaluation, paperwork reduction, and regulatory reform. The Council on Environmental Quality (CEQ) should remain in the EOP as an environmental adviser to the President. The CEQ's major purpose is to provide an independent assessment of our policies for improving the environment. Toward this end, it will analyze long term trends and conditions in the environment. It will advise OMB on the reorganization of natural resources functions within the Federal government. The Council will retain the functions it now has under NEPA and Executive Order No. 11514 with the exception of routine review of the adequacy of impact statements and the administrative aspects of their receipt and handling. The EPA will take over CEQ's evaluation responsibility under the Federal Nonnuclear Energy Research Development Act of 1974 (section 5901 et seq. of Title 42, The Public Health and Welfare). The CEQ will continue to review and publish the Annual Report on Environmental Quality. The strength of the Council of Economic Advisers (CEQ) lies in its economic analysis of current policy choices. It also presents objective economic data, makes macroeconomic forecasts, and analyzes economic trends and their impact on the national economy. It will continue with a small reduction in staff. The Office of Science and Technology Policy (OSTP) should retain those science, engineering, and technology functions which can be so useful in helping the President and his advisers make decisions about policy and budget issues. Instead of the Intergovernmental Science, Engineering, and Technology Advisory Panels, the President should rely on an intergovernmental relations working group, chaired by the Science Adviser. The Federal Coordinating Council on Science and Technology should operate as a sub-Cabinet working group chaired by the Science Adviser. The reorganization work of the President's Committee on Science and Technology would be part of the overall reorganization effort. The responsibility for preparing certain reports should be transferred to the National Science Foundation. The proposal places manageable limits on OSTP's broad mandate while emphasizing functions that support the President. The Office of the Special Representative for Trade Negotiations (STR) is now operating effectively and will be retained essentially as is. With the difficult negotiations now underway in Geneva, the benefits of transferring the STR to another agency are outweighed by the potential reduction in its effectiveness as an international negotiator. The National Security Council (NSC) will be retained in its present form and its staff slightly reduced. Intelligence Oversight Board (IOB) should be retained to insure that abuses of the past are not repeated and to emphasize Presidential concerns regarding intelligence issues. The Council of Wage and Price Stability (COWPS) is a necessary weapon in the continuing fight against inflation and will be retained. To be sure that its work is closely coordinated with the economic analyses performed by the Council of Economic Advisers (CEA), COWPS should be directed by the Chairman of CEA. III. CENTRALIZE ADMINISTRATIVE FUNCTIONS About 380 (22 percent) of the full-time, permanent EOP personnel perform administrative support services in EOP units. Most EOP units besides the White House and OMB are too small to provide a full complement of administrative services. They depend on the White House, OMB, GSA, other federal departments, or several of these sources for many of these services. This approach is inefficient; the quality is uneven and the coordination poor. Some services are duplicated, others inconsistently distributed (excess capacity in some units and deficiencies in others), and most too costly. I propose to combine administrative support operations into a Central Administrative Unit in EOP to provide support in administrative services common to all EOP entities. It should be a separate EOP entity because of the need to assure equal access by all other units. This consolidation will result in: Saving of roughly 40 positions and about $1.1 million, improved and more innovative services. A focus for monitoring the efficiency and responsibility of administrative services. A base for an effective EOP budget/planning system through which the President can manage an integrated EOP rather than a collection of disparate units. The EOP has never before been organized as a single, unified entity serving the President. It is only by viewing it as a whole that we can improve efficiency through steps like the Central Administrative Unit. IV. REDUCE THE SIZE OF WHITE HOUSE AND EOP STAFFS I am reducing the White House staff by 28 percent, from the 485 I inherited from my predecessor to 351. This involves cuts in my policy and administrative staffs as well as transfers to the Central Administrative Unit. I estimate that this plan and the other steps I am taking will reduce staff levels in the EOP by about 250, from 1,712 full-time permanent positions to about 1,460 and will save the taxpayers at least $6 million. As in the rest of the government, I will be reluctant to add staff unless necessary to help me do my job better. I ask that you support me in improving the operations of the Executive Office of the President by approving the attached reorganization plan. In summary this plan would: Abolish the Domestic Council and establish a Domestic Policy Staff. Establish within the EOP a Central Administrative Unit. Transfer certain functions of the Council on Environmental Quality to the President for redelegation. Abolish the Office of Drug Abuse Policy and vest functions in the President for redelegation. Abolish the Office of Telecommunications Policy and transfer functions to the Department of Commerce and to the President for redelegation. Create an Assistant Secretary of Commerce for Communications and Information. Vest some Office of Science and Technology Policy functions in the President for redelegation. Abolish the Economic Opportunity Council and vest those functions in the President for redelegation. Transfer the Committee Management Secretariat function of the Office of Management and Budget to the President for redelegation. Make other incidental transfers attendant to those mentioned above. Each of the changes set forth in the plan accompanying this message is necessary to accomplish one or more of the purposes set forth in Section 901(a) of Title 5 of the United States Code. I have taken care to determine that all functions abolished by the plan are done so only under statutory authority provided by Section 903(b) of Title 5 of the United States Code. The provisions in the plan for the appointment and pay of any head or officer of any agency have been found by me to be necessary. As we continue our studies of other parts of the Executive Branch, we will find more ways to improve services in the EOP and elsewhere. This plan is only a beginning, but I am confident that it represents a major step toward a more efficient government that will serve the needs of the people and the President well. Jimmy Carter. The White House, July 15, 1977. ABOLITION OF OFFICE OF TELECOMMUNICATIONS POLICY For effective date of the abolition of the Office of Telecommunications Policy and its transfer of functions, implementing Reorg. Plan No. 1 of 1977, set out above, see Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, set out as a note under section 305 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. -EXEC- EX. ORD. NO. 12028. OFFICE OF ADMINISTRATION IN EXECUTIVE OFFICE OF PRESIDENT Ex. Ord. No. 12028, Dec. 12, 1977, 42 F.R. 62895, as amended by Ex. Ord. No. 12122, Feb. 26, 1979, 44 F.R. 11197, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including the National Security Act of 1947, as amended (act July 26, 1947, ch. 343, 61 Stat. 495), Reorganization Plan No. 2 of 1970 (5 U.S.C. App.), Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) (31 U.S.C. 1531), and Reorganization Plan No. 1 of 1977 (42 FR 56101 (October 21, 1977)) (set out above), and as President of the United States of America, in order to effectuate the establishment of the Office of Administration in the Executive Office of the President, it is hereby ordered as follows: Section 1. The establishment, provided by Section 2 of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), of the Office of Administration in the Executive Office of the President shall be effective, as authorized by Section 7 of that Plan, on December 4, 1977. Sec. 2. The Director of the Office of Administration, hereinafter referred to as the Director, shall report to the President. As the chief administrative officer of the Office of Administration, the Director shall be responsible for ensuring that the Office of Administration provides units within the Executive Office of the President common administrative support and services. Sec. 3. (a) The Office of Administration shall provide common administrative support and services to all units within the Executive Office of the President, except for such services provided primarily in direct support of the President. The Office of Administration shall, upon request, assist the White House Office in performing its role of providing those administrative services which are primarily in direct support of the President. (b) The common administrative support and services provided by the Office of Administration shall encompass all types of administrative support and services that may be used by, or useful to, units within the Executive Office of the President. Such services and support shall include, but not be limited to, providing support services in the following administrative areas: (1) personnel management services, including equal employment opportunity programs; (2) financial management services; (3) data processing, including support and services; (4) library, records, and information services; (5) office services and operations, including: mail, messenger, printing and duplication, graphics, word processing, procurement, and supply services; and (6) any other administrative support or service which will achieve financial savings and increase efficiency through centralization of the supporting service. (c) Administrative support and services shall be provided to all units within the Executive Office of the President in a manner consistent with available funds and other resources, or in accord with Section 7 of the Act of May 21, 1920 (41 Stat. 613), as amended (31 U.S.C. 686, referred to as the Economy Act) (31 U.S.C. 1535, 1536). Sec. 4. (a) Subject to such direction or approval as the President may provide or require, the Director shall organize the Office of Administration, contract for supplies and services, and do all other things that the President, as head of the Office of Administration, might do. (b) The Director is designated to perform the functions of the President under Section 107(b) of Title 3 of the United States Code. (c) The Director may appoint and fix the pay of employees pursuant to the provisions of Section 107(b)(1)(A) of Title 3 of the United States Code without regard to any other provision of law regulating the employment or compensation of persons in the Government service. Under that section the Director may also fix the pay of an employee serving in a competitive position or in the career service in order to avoid the pay limitation imposed by Section 114 of Title 3 of the United States Code. The provisions of other laws regulating the employment or compensation of persons in the Government service shall continue to apply to such employee. (d) The Director shall not be accountable for the program and management responsibilities of units within the Executive Office of the President; the head of each unit shall remain responsible for those functions. Sec. 5. The primary responsibility for performing all administrative support and service functions of units within the Executive Office of the President shall be transferred and reassigned to the Office of Administration; except to the extent those functions are vested by law in the head of such a unit, other than the President; and except to the extent those functions are performed by the White House Office primarily in direct support of the President. Sec. 6. The records, property, personnel, and unexpended balances of appropriations, available or to be made available, which relate to the functions transferred or reassigned by this Order from units within the Executive Office of the President to the Office of Administration, shall be transferred to the Office of Administration. Sec. 7. (a) The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to effectuate the transfers or reassignments provided by this Order, including the transfer of funds, records, property, and personnel. (b) Such transfers shall become effective on April 1, 1978, or at such earlier time or times as the Director of the Office of Management and Budget determines, after consultation with the Director of the Office of Administration and other appropriate units within the Executive Office of the President. Jimmy Carter. EX. ORD. NO. 12045. IMPLEMENTATION OF REORGANIZATION PLAN RELATING TO DOMESTIC COUNCIL, DOMESTIC POLICY STAFF, OFFICE OF DRUG ABUSE POLICY, AND ECONOMIC OPPORTUNITY COUNCIL Ex. Ord. No. 12045, Mar. 27, 1978, 43 F.R. 13347, provided: By virtue of the authority vested in me by the Constitution and laws of the United States of America, including Section 7 of Reorganization Plan No. 1 of 1977 (42 F.R. 56101 (October 21, 1977)) (set out above), Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) (31 U.S.C. 1531), and Section 301 of Title 3 of the United States Code, and as President of the United States of America, in order to provide for transfers of the functions of the Office of Drug Abuse Policy, the Domestic Council, and the Economic Opportunity Council, and the abolition of the Office of Drug Abuse Policy, and Domestic Council, and the Economic Opportunity Council, and for other purposes, it is hereby ordered as follows: Section 1. (a) The transfer of all functions of the Domestic Council, as provided by Section 5D of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. (b) The redesignation of the Domestic Council Staff as the Domestic Policy Staff and the other provisions of Section 1 of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), are hereby effective. (c) The abolition of the Domestic Council, as provided by Section 3A of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. (d) The Domestic Policy Staff shall perform such functions as the President may from time to time direct. Sec. 2. (a) The transfer of all functions of the Office of Drug Abuse Policy and its Director, as provided by Section 5C of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. (b) The abolition of the Office of Drug Abuse Policy, as provided by Section 3B of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. (c) The Domestic Policy Staff shall assist the President in the performance of the functions transferred by Section 5C of Reorganization Plan No. 1 of 1977 (42 F.R. 56101). Sec. 3. (a) The transfer of all functions of the Economic Opportunity Council, as provided by Section 5G of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. (b) The abolition of the Economic Opportunity Council, as provided by Section 3D Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. Sec. 4. All provisions of Reorganization Plan No. 1 of 1977 (42 F.R. 56101) not made effective on or prior to the effective date of this Order are hereby effective. Sec. 5. The records, property, personnel, and unexpended balances of appropriations, available or to be made available, which relate to the functions transferred, assigned, or delegated as provided in this Order are hereby transferred as appropriate. Sec. 6. The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to effectuate the transfers or reassignments provided in this Order, including the transfer of funds, records, property, and personnel. Sec. 7. This Order shall be effective March 26, 1978. Jimmy Carter. EXECUTIVE ORDER NO. 12133 Ex. Ord. No. 12133, May 9, 1979, 44 F.R. 27635, which related to the drug policy functions of the Domestic Policy Staff, was revoked by Ex. Ord. No. 12368, June 24, 1982, 47 F.R. 27843, set out as a note under section 1112 of Title 21, Food and Drugs. EX. ORD. NO. 12134. TRANSFER OF PRINTING AND DUPLICATING SERVICE ACTIVITY OF OFFICE OF ADMINISTRATION TO DEPARTMENT OF NAVY Ex. Ord. No. 12134, May 9, 1979, 44 F.R. 27637, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including Reorganization Plan No. 2 of 1970 (5 U.S.C. App.), Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) (31 U.S.C. 1531), and Reorganization Plan No. 1 of 1977 (42 F.R. 56101; 5 U.S.C. App.) (also set out above), and in order to provide for the transfer of the printing and duplicating service activity from the Office of Administration in the Executive Office of the President to the Department of the Navy, it is hereby ordered as follows: 1-101. (a) The primary responsibility for performing the common and usual administrative support and services that are related to printing and duplication and that are assigned to the Office of Administration in the Executive Office of the President by Section 3(b)(5) of Executive Order No. 12028, as amended (set out above), is transferred and reassigned to the Department of the Navy. (b) The Department of the Navy shall be primarily responsible for providing to the Office of Administration, both onsite and offsite, that common and usual administrative support and service related to printing and duplication. It shall be provided in a manner consistent with available funds and other resources, or in accord with Section 7 of the Act of May 21, 1920 (41 Stat. 613), as amended (31 U.S.C. 686, referred to as the Economy Act) (31 U.S.C. 1535, 1536). 1-102. The records, property, personnel, and unexpended balances of appropriations, available or to be made available, which relate to the functions transferred or reassigned by this Order, shall be transferred to the Department of the Navy. 1-103. The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to effectuate the transfers or reassignments provided by this Order, including the transfer of funds, records, property, and personnel. 1-104. Such transfers shall be effective on May 6, 1979. Jimmy Carter. ------DocID 7818 Document 858 of 1400------ -CITE- 4 USC Sec. 2 -EXPCITE- TITLE 4 CHAPTER 1 -HEAD- Sec. 2. Same; additional stars -STATUTE- On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 642.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 36 section 173. ------DocID 7820 Document 859 of 1400------ -CITE- 4 USC CHAPTER 2 -EXPCITE- TITLE 4 CHAPTER 2 -HEAD- CHAPTER 2 - THE SEAL -MISC1- Sec. 41. Seal of the United States. 42. Same; custody and use of. ------DocID 8870 Document 860 of 1400------ -CITE- 5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 2 -EXPCITE- TITLE 5 APPENDIX FEDERAL ADVISORY COMMITTEE ACT -HEAD- Sec. 2. Findings and purpose -STATUTE- (a) The Congress finds that there are numerous committees, boards, commissions, councils, and similar groups which have been established to advise officers and agencies in the executive branch of the Federal Government and that they are frequently a useful and beneficial means of furnishing expert advice, ideas, and diverse opinions to the Federal Government. (b) The Congress further finds and declares that - (1) the need for many existing advisory committees has not been adequately reviewed: (2) new advisory committees should be established only when they are determined to be essential and their number should be kept to the minimum necessary; (3) advisory committees should be terminated when they are no longer carrying out the purposes for which they were established; (4) standards and uniform procedures should govern the establishment, operation, administration, and duration of advisory committees; (5) the Congress and the public should be kept informed with respect to the number, purpose, membership, activities, and cost of advisory committees; and (6) the function of advisory committees should be advisory only, and that all matters under their consideration should be determined, in accordance with law, by the official, agency, or officer involved. -SOURCE- (Pub. L. 92-463, Sec. 2, Oct. 6, 1972, 86 Stat. 770.) -EXEC- EXECUTIVE ORDER NO. 11686 Ex. Ord. No. 11686, Oct. 7, 1972, 37 F.R. 21421, which related to committee management, was superseded by Ex. Ord. No. 11769, Feb. 21, 1974, 39 F.R. 7125, formerly set out as a note under this section. EXECUTIVE ORDER NO. 11769 Ex. Ord. No. 11769, Feb. 21, 1974, 39 F.R. 7125, which related to committee management, was revoked by Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, set out as a note below. EX. ORD. NO. 12024. TRANSFER OF CERTAIN ADVISORY COMMITTEE FUNCTIONS Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including the Federal Advisory Committee Act, as amended (5 U.S.C. App.), Section 301 of Title 3 of the United States Code, Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) (31 U.S.C. 1531), and Section 7 of Reorganization Plan No. 1 of 1977 (42 F.R. 56101 (October 21, 1977)) (set out in this Appendix), and as President of the United States of America, in accord with the transfer of advisory committee functions from the Office of Management and Budget to the General Services Administration provided by Reorganization Plan No. 1 of 1977, it is hereby ordered as follows: Section 1. The transfer, provided by Section 5F of Reorganization Plan No. 1 of 1977 (42 F.R. 56101) (set out in this Appendix), of certain functions under the Federal Advisory Committee Act, as amended (5 U.S.C. App.), from the Office of Management and Budget and its Director to the Administrator of General Services is hereby effective. Sec. 2. There is hereby delegated to the Administrator of General Services all the functions vested in the President by the Federal Advisory Committee Act, as amended, except that, the annual report to the Congress required by Section 6(c) of that Act shall be prepared by the Administrator for the President's consideration and transmittal to the Congress. Sec. 3. The Director of the Office of Management and Budget shall take all actions necessary or appropriate to effectuate the transfer of functions provided in this Order, including the transfer of funds, personnel and positions, assets, liabilities, contracts, property, records, and other items related to the functions transferred. Sec. 4. Executive Order No. 11769 of February 21, 1974 is hereby revoked. Sec. 5. Any rules, regulations, orders, directives, circulars, or other actions taken pursuant to the functions transferred or reassigned as provided in this Order from the Office of Management and Budget to the Administrator of General Services, shall remain in effect as if issued by the Administrator until amended, modified, or revoked. Sec. 6. This Order shall be effective November 20, 1977. Jimmy Carter. ------DocID 8886 Document 861 of 1400------ -CITE- 5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 2 -EXPCITE- TITLE 5 APPENDIX INSPECTOR GENERAL ACT OF 1978 -HEAD- Sec. 2. Purpose and establishment of Offices of Inspector General; departments and agencies involved -STATUTE- In order to create independent and objective units - (1) to conduct and supervise audits and investigations relating to the programs and operations of the establishments listed in section 11(2); (2) to provide leadership and coordination and recommend policies for activities designed (A) to promote economy, efficiency, and effectiveness in the administration of, and (B) to prevent and detect fraud and abuse in, such programs and operations; and (3) to provide a means for keeping the head of the establishment and the Congress fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress of corrective action; there is hereby established in each of such establishments an office of Inspector General. -SOURCE- (Pub. L. 95-452, Sec. 2, Oct. 12, 1978, 92 Stat. 1101; Pub. L. 96-88, title V, Sec. 508(n)(1), Oct. 17, 1979, 93 Stat. 694; Pub. L. 97-113, title VII, Sec. 705(a)(1), Dec. 29, 1981, 95 Stat. 1544; Pub. L. 97-252, title XI, Sec. 1117(a)(1), Sept. 8, 1982, 96 Stat. 750; Pub. L. 99-93, title I, Sec. 150(a)(1), Aug. 16, 1985, 99 Stat. 427; Pub. L. 99-399, title IV, Sec. 412(a)(1), Aug. 27, 1986, 100 Stat. 867; Pub. L. 100-504, title I, Sec. 102(a), (b), Oct. 18, 1988, 102 Stat. 2515; Pub. L. 100-527, Sec. 13(h)(1), Oct. 25, 1988, 102 Stat. 2643.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-504 substituted 'there' for 'thereby' in concluding provisions and amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'to conduct and supervise audits and investigations relating to programs and operations of the Department of Agriculture, the Department of Commerce, the Department of Defense, the Department of Education, the Department of Housing and Urban Development, the Department of the Interior, the Department of Labor, the Department of Transportation, the Department of Veterans Affairs, the Agency for International Development, the Community Services Administration, the Environmental Protection Agency, the General Services Administration, the National Aeronautics and Space Administration, the Small Business Administration, the United States Information Agency, and the Department of State;'. Par. (1). Pub. L. 100-527 inserted 'the Department of Veterans Affairs,' and struck out 'the Veterans' Administration,' after 'United States Information Agency,'. 1986 - Par. (1). Pub. L. 99-399 inserted 'the United States Information Agency,'. 1985 - Par. (1). Pub. L. 99-93 inserted reference to the Department of State. 1982 - Par. (1). Pub. L. 97-252, Sec. 1117(a)(1), inserted 'the Department of Defense,'. 1981 - Par. (1). Pub. L. 97-113 inserted 'the Agency for International Development,'. 1979 - Par. (1). Pub. L. 96-44 inserted 'the Department of Education,'. EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. Amendment by Pub. L. 100-504 effective 180 days after Oct. 18, 1988, see section 113 of Pub. L. 100-504, set out as a note under section 5 of Pub. L. 95-452 in this Appendix. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96-88, set out as an Effective Date note under section 3401 of Title 20, Education. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 4861. ------DocID 8941 Document 862 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1946 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1946 -MISC1- EFF. JULY 16, 1946, 11 F.R. 7873, 60 STAT. 1095, BY ACT DEC. 20, 1945, CH. 582, 59 STAT. 613, AS AMENDED SEPT. 6, 1966, PUB. L. 89-554, SEC. 8(A), 80 STAT. 662 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 16, 1946, pursuant to the provisions of the Reorganization Act of 1945, approved December 20, 1945. FEDERAL SECURITY AGENCY AND DEPARTMENT OF LABOR SECTION 1. CHILDREN'S BUREAU (a) The Children's Bureau in the Department of Labor, exclusive of its Industrial Division, is transferred to the Federal Security Agency. All functions of the Children's Bureau and of the Chief of the Children's Bureau except those transferred by subsection (b) of this section, all functions of the Secretary of Labor under Title V of the Social Security Act (49 Stat. 620, ch. 531), as amended (42 U.S.C. 701 et seq.), and all other functions of the Secretary of Labor relating to the foregoing functions are transferred to the Federal Security Administrator and shall be performed by him or under his direction and control by such officers and employees of the Federal Security Agency as he shall designate, except that the functions authorized by section 2 of the act of April 9, 1912 (37 Stat. 79, ch. 73), as amended (former section 192 of Title 40), and such other functions of the Federal Security Agency as the Administrator may designate, shall be administered, under his direction and control, through the Children's Bureau. (b) The functions of the Children's Bureau and of the Chief of the Children's Bureau under the Fair Labor Standards Act of 1938 (52 Stat. 1060, ch. 676), as amended (29 U.S.C. 201 et seq.), are transferred to the Secretary of Labor and shall be performed under his direction and control by such officers and employees of the Department of Labor as he shall designate. SEC. 2. VITAL STATISTICS The functions of the Secretary of Commerce, the Bureau of the Census, and the Director of the Bureau of the Census with respect to vital statistics (including statistics on births, deaths, marriages, divorces, and annulments) are transferred to the Federal Security Administrator and shall be performed under his direction and control by the United States Public Health Service or by such officers and employees of the Federal Security Agency as the Administrator shall designate. SEC. 3. UNITED STATES EMPLOYEES' COMPENSATION COMMISSION (Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 662. Section abolished the United States Employees' Compensation Commission and transferred its functions to the Federal Security Agency. See sections 8145 and 8149 of Title 5, Government Organization and Employees.) SEC. 4. SOCIAL SECURITY BOARD The functions of the Social Security Board in the Federal Security Agency, together with the functions of its chairman, are transferred to the Federal Security Administrator and shall be performed by him or under his direction and control by such officers and employees of the Federal Security Agency as he shall designate. The Social Security Board is abolished. SEC. 5. ASSISTANT HEADS OF FEDERAL SECURITY AGENCY In addition to the existing Assistant Federal Security Administrator, there shall be not to exceed two assistant heads of the Federal Security Agency, each of whom shall be appointed by the Federal Security Administrator under the classified civil service, receive a salary at the rate of $10,000 per annum, and perform such duties and head such constituent unit of the Federal Security Agency as the Administrator may provide. SEC. 6. FUNCTIONS UNDER ACT OF JUNE 20, 1936, WITH RESPECT TO THE BLIND The functions of the Office of Education and of the Commissioner of Education under the act of June 20, 1936 (49 Stat. 1559, ch. 638) (20 U.S.C. 107 et seq.) are transferred to the Federal Security Administrator and shall be performed under his direction and control by such officers and employees of the Federal Security Agency as he shall designate. SEC. 7. ASSISTANT COMMISSIONER OF EDUCATION The functions of the Assistant Commissioner of Education, created by the act of May 26, 1930 (46 Stat. 384, ch. 330) (former section 2a of Title 20) are transferred to the Office of Education to be performed under the direction and control of the Commissioner of Education by such officers or employees of the Office as he may designate with the approval of the Federal Security Administrator. The Office of Assistant Commissioner of Education is abolished. SEC. 8. FEDERAL BOARD FOR VOCATIONAL EDUCATION The Federal Board for Vocational Education and its functions are abolished. SEC. 9. BOARD OF VISITORS OF ST. ELIZABETH'S HOSPITAL The Board of Visitors of St. Elizabeth's Hospital and its functions are abolished. SEC. 10. COORDINATION OF GRANT-IN-AID PROGRAMS In order to coordinate more fully the administration of grant-in-aid programs by officers and constituent units of the Federal Security Agency, the Federal Security Administrator shall establish, insofar as practicable, (a) uniform standards and procedures relating to fiscal, personnel, and the other requirements common to two or more such programs, and (b) standards and procedures under which a State agency participating in more than one such program may submit a single plan of operation and be subject to a single Federal fiscal and administrative review of its operation. SEC. 11. WINDING UP OF AFFAIRS Suitable measures shall be taken by the Federal Security Administrator to wind up those outstanding affairs of the agencies herein abolished which are not otherwise disposed of by this plan. SEC. 12. TRANSFER OF PERSONNEL, PROPERTY, RECORDS, AND FUNDS The personnel, property, records, and unexpended balances of appropriations, allocations, and other funds (available or to be made available), which the Director of the Bureau of the Budget shall determine to relate primarily to the functions transferred hereunder are transferred to the respective agencies concerned for use in the administration of the functions so transferred, except that all of the personnel, property, records, and funds of the Industrial Division of the Children's Bureau shall be transferred to such agency or agencies of the Department of Labor as the Secretary of Labor shall designate. Any of the personnel transferred under this plan which the transferee agency shall find to be in excess of the personnel necessary for the administration of the functions transferred to such agency shall be retransferred under existing law to other positions in the Government or separated from the service. MESSAGE OF THE PRESIDENT To the Congress of the United States: The fundamental strength of a nation lies within its people. Military and industrial power are evidences, not the real source of strength. Over the years the propserity of America and its place in the world will depend on the health, the education, the ingenuity, and the integrity of its people and on their ability to work together and with other nations. The most basic and at the same time the most difficult task of any country is the conservation and development of its human resources. Under our system of government this is a joint responsibility of the Federal, State, and local governments, but in it the Federal Government has a large and vital role to play. Through its research, advice, stimulation, and financial aid, it contributes greatly to progress and to the equalization of standards in the fields of education, health, and welfare; and in the field of social insurance it also directly administers a major segment of the program. To meet its full responsibilities in these fields, the Federal Government requires efficient machinery for the administration of its social programs. Until 1939 the agencies in charge of these activities were scattered in many parts of the Government. In that year President Roosevelt took the first great step toward effective organization in this area when he submitted Reorganization Plan 1, establishing the Federal Security Agency - to promote social and economic security, educational opportunity, and the health of the citizens of the Nation. The time has now come for further steps to strengthen the machinery of the Federal Government for leadership and service in dealing with the social problems of the country. Several programs closely bound up with the objectives of the Federal Security Agency are still scattered in other parts of the Government. As the next step, I consider it essential to transfer these programs to the Federal Security Agency and to strengthen its internal organization and management. Broadly stated, the basic purpose of the Federal Security Agency is the conservation and development of the human resources of the Nation. Within that broad objective come the following principal functions: Child care and development, education, health, social insurance, welfare (in the sense of care of the needy and the defective), and recreation (apart from the operation of parks in the public domain). These functions constitute a natural family of closely related services, interwoven at many points and in many ways. For example, the development of day-care centers for children has involved joint planning and service by specialists of the Children's Bureau, the Office of Education, the Public Health Service, and several other agencies. The schools are both a major consumer of public-health services and a leading vehicle for health education and for disseminating the results of research carried on by the Public Health Service. The promotion of social security involves a whole battery of activities, especially social insurance, public assistance, health, and child welfare. In order to proceed as promptly as possible with the development of the Federal Security Agency to meet the postwar responsibilities of the Government within its field of activity, I am transmitting herewith Reorganization Plan No. 2, which I have prepared in accordance with the provisions of section 3 of the Reorganization Act of 1945 (Public Law 263, 79th Cong., 1st Sess.), approved December 20, 1945; and I declare that, with respect to each reorganization made in this plan, I have found that such reorganization is necessary to accomplish one or more of the purposes of section 2 (a) of the act - (1) To facilitate orderly transition from war to peace; (2) To reduce expenditures and promote economy; (3) To increase efficiency; (4) To group, coordinate, and consolidate agencies and functions according to major purposes; (5) To reduce the number of agencies by consolidating those having similar functions and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Government; and (6) To eliminate overlapping and duplication of effort. The plan includes certain interagency transfers and several abolitions and changes in the internal organization of the Federal Security Agency. The plan transfers to the Federal Security Administrator the functions of the Children's Bureau, except those relating to child labor under the Fair Labor Standards Act. These child-labor functions are transferred to the Secretary of Labor in order that they may be performed by, or in close relationship with, the Wage and Hour Division which administers the rest of the act. The plan continues the Children's Bureau within the Federal Security Agency to deal with problems of child life, but is flexible enough to enable the Administrator to gear in the Bureau's programs effectively with other activities of the Agency. The child-labor program is the only permanent program of the Children's Bureau that is properly a labor function. The other four - child welfare, crippled children, child and maternal health, and research in problems of child life - all fall within the scope of the Federal Security Agency. The transfer of the Children's Bureau will not only close a serious gap in the work of the Agency, but it will strengthen the child-care programs by bringing them into closer association with the health, welfare, and educational activities with which they are inextricably bound up. The promotion of the education, health, welfare, and social security of the Nation is a vast cooperative undertaking of the Federal, State, and local governments. It involves numerous grant-in-aid programs and complex intergovernmental relations. The transfer of the Children's Bureau will simplify these relations and make for better cooperation. To illustrate, State welfare departments now depend on both the Bureau of Public Assistance in the Federal Security Agency and the Children's Bureau in the Labor Department for funds for child-care activities. Similarly, State health departments obtain grants from the Public Health Service for general public health work and from the Children's Bureau for child and maternal health activities. All of these grants involve the establishment of minimum standards and a measure of Federal supervision. The transfer of the Children's Bureau programs will make it possible to develop more consistent policies and procedures and to simplify dealings with the States. This will eliminate needless inconvenience for both parties and enable the State and Federal Governments to join more efficiently in their common objective of furthering the health and welfare of the American child. Next, the plan transfers the vital statistics functions of the Census Bureau to the Federal Security Administrator, to be performed through the Public Health Service or other facilities of the Federal Security Agency. In every State but one the State health department is in charge of vital statistics. The work in the States is partially financed from public-health grants administered by the Public Health Service. This transfer will make the agency providing the grants also responsible for carrying on the Federal part of the vital statistics program. Furthermore, it will make for a better correlation of vital statistics with morbidity statistics, which are closely connected in nature and are already handled by the Public Health Service. In addition, the Federal Security Agency, more than any other Federal agency in peacetime, depends on vital statistics and vital records in the operation of its programs. The plan transfers the functions of the United States Employees Compensation Commission to the Federal Security Administrator, and provides for a three-member board of appeals to hear and finally decide appeals on claims of Government employees. By abolishing the Commission, the plan eliminates a small agency and lightens the burden on the President. The Federal Security Administrator, as the head of the Federal agency with the greatest experience in insurance administration, is in the best position to guide and further the program of the Commission. The abolition of the Commission as an administrative body and the creation of an appeals board will provide the advantages of a single official in charge of operations while affording claimants the protection of a three-member board for the final decision of appeals on claims. This arrangement has proved both administratively efficient and satisfactory to claimants in many similar programs. It is essentially the plan used in the administration of veterans' pensions and old-age and survivors insurance and employed by many States in their workmen's compensation programs. The board of appeals created by this plan will deal only with claims of Government employees since appeals on other types of claims under the jurisdiction of the Commission - (a) longshoremen and harbor workers and (b) private employees in the District of Columbia - are heard by the Federal district courts rather than the Commission. The reorganization plan which created the Federal Security Agency in 1939 provided that the Federal Security Administrator should direct and supervise the Social Security Board, and that he might assign administrative duties to the Chairman of the Board, rather than to the Board as a whole. Thus, it took the first step toward establishing a definite line of responsibility for the administration of social security functions in the Agency. The plan I am now submitting further clarifies these lines of responsibility by providing for the normal type of internal organization used in Federal departments and agencies. A full-time board in charge of a group of bureaus within an agency is at best an anomaly. The Social Security Board rendered an outstanding service in launching the social-security program, and its members deserve the thanks of the Nation for this achievement. That program, however, is now firmly established and its administration needs to be tied in more fully with other programs of the Federal Security Agency. The existence of a department within a department is a serious barrier to effective integration. In order to obtain more expeditious and effective direction for the social-security program and to further the development of the Federal Security Agency, this plan transfers the functions of the Social Security Board to the Federal Security Administrator and provides for not more than two new assistant heads of the Agency for the administration of the program. Because of the additional functions transferred to the Administrator by this plan, I have found that these officers will be needed to assist him in the general management of the Agency and to head the constituent unit or units which the Administrator will have to establish for the conduct of social-security activities. To permit a consolidation of work for the blind, the functions of the Office of Education as to the vending-stand program for the blind are transferred to the Federal Security Administrator, in whom are vested other vocational rehabilitation functions. This transfer will permit the program to be assigned to the Office of Vocational Rehabilitation, where other vocational rehabilitation activities for the blind are now concentrated. The office of Assistant Commissioner of Education, established by the act of May 26, 1930, is abolished. A basic reorganization of the Office of Education within the past year has made this officer the head of one of the divisions of the Office. It is, therefore, administratively desirable to abolish the post of Assistant Commissioner in conformity with the present organization of the Office. The plan also abolishes the Federal Board of Vocational Education and its functions. The Board, established by the act of February 23, 1917, as amended (20 U.S.C. 11 et seq.), formerly had charge of the administration of the vocational-education program. Section 15 of Executive Order 6166, of June 10, 1933, issued under authority of the act of June 30, 1932 (47 Stat. 413, ch. 314), as amended, transferred the administration of the program to the Office of Education and limited the Board to acting in an advisory capacity. The Advisory Committee on Education, on the basis of its study of the vocational-education system, found that the Board was no longer needed and recommended its abolition. To avoid possible confusion and conflict of authority, the Board of Visitors of St. Elizabeths Hospital and its functions are abolished. The functions of the Board, as provided by section 4842 of the Revised Statutes include supervision of the institution and the adoption of its bylaws, in addition to visiting the institution and advising the superintendent. These functions overlap the responsibilities of the Federal Security Administrator for the general supervision and direction of the hospital. In order to enable the Administrator more adequately to coordinate the administration of the grant-in-aid programs vested by statute in the constituent units of the Federal Security Agency, the plan provides that, insofar as practicable and consistent with the applicable legislation, he shall establish uniform standards and procedures for these programs and permit States to submit a single plan of operation for related grant-in-aid programs. Most of these programs involve the establishment of certain minimum standards on fiscal, personnel, and other aspects of administration in the States. In many cases the same State agency is operating under two or more grant-in-aid programs. Much needless inconvenience and confusion can be avoided for all concerned by unifying Federal standards and combining State plans for the operation of the programs in such cases. After careful consideration of a number of other agencies and functions I have refrained from proposing in this plan their transfer to the Federal Security Agency. Most of these involve activities which, though related to the functions of the Federal Security Agency, are incidental to the purpose of other agencies or are connected so closely with such agencies as to make transfer undesirable. A few are activities which should probably be shifted in whole or in part to the Federal Security Agency, but I believe such shifts can best be accomplished by interagency agreement or action in connection with appropriations. The reorganization plan here presented is a second important step in building a central agency for the administration of Federal activities primarily relating to the conservation and development of human resources; but, while this step is important in itself, I believe that a third step should soon be taken. The time is at hand when that agency should be converted into an executive department. The size and scope of the Federal Security Agency and the importance of its functions clearly call for departmental status and a permanent place in the President's Cabinet. In number of personnel and volume of expenditures the Agency exceeds several of the existing departments. Much more important, the fundamental character of its functions - education, health, welfare, social insurance - and their significance for the future of the country demand for it the highest level of administrative leadership and a voice in the central councils of the executive branch. Accordingly, I shall soon recommend to the Congress that legislation be promptly enacted making the Federal Security Agency an executive department, defining its basic purpose, and authorizing the President to transfer to it such units and activities as come within that definition. The people expect the Federal Government to meet its full responsibilities for the conservation and development of the human resources of the Nation in the years that lie ahead. This reorganization plan and the legislation that I shall propose will provide the broad and firm foundation required for the accomplishment of that objective. Harry S. Truman. The White House, May 16, 1946. ------DocID 8944 Document 863 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1947 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1947 -MISC1- Reorganization Plan No. 2 of 1947, which proposed to permanently transfer the United States Employment Service to the Department of Labor, to transfer functions of the Administrator of the Wage and Hour Division to the Secretary of Labor, and to authorize the Secretary of Labor to coordinate administration of the acts for regulation of wages and hours on Fedaral public works, was submitted to Congress on May 1, 1947, and was disapproved by Congress on June 30, 1947. ------DocID 8947 Document 864 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1949 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1949 -MISC1- EFF. AUG. 20, 1949, 14 F.R. 5225, 63 STAT. 1065 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 20, 1949, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). DEPARTMENT OF LABOR SECTION 1. BUREAU OF EMPLOYMENT SECURITY The Bureau of Employment Security of the Federal Security Agency, including the United States Employment Service and the Unemployment Insurance Service, together with the functions thereof, is transferred as an organizational entity to the Department of Labor. The functions of the Federal Security Administrator with respect to employment services, unemployment compensation, and the Bureau of Employment Security, together with his functions under the Federal Unemployment Tax Act (as amended, and as affected by the provisions of Reorganization Plan No. 2 of 1946, 60 Stat. 1095, 26 U.S.C. (former) 1600-11) (26 U.S.C. 3301 et seq.), are transferred to the Secretary of Labor. The functions transferred by the provisions of this section shall be performed by the Secretary of Labor or, subject to his direction and control, by such officers, agencies, and employees of the Department of Labor as he shall designate. SEC. 2. VETERANS' PLACEMENT SERVICE BOARD The functions of the Veterans' Placement Service Board under Title IV of the Servicemen's Readjustment Act of 1944 (58 Stat. 284, as amended; 38 U.S.C. 695-695f) (see 38 U.S.C. 2001 et seq.) are transferred to and shall be performed by the Secretary of Labor. The functions of the Chairman of the said Veterans' Placement Service Board are transferred to the Secretary of Labor and shall be performed by the Secretary or, subject to his direction and control, by the Chief of the Veterans' Employment Service. The Veterans' Placement Service Board is abolished. SEC. 3. FEDERAL ADVISORY COUNCIL The Federal Advisory Council established pursuant to section 11(a) of the Act of June 6, 1933 (48 Stat. 116, as amended, 29 U.S.C. 49j(a)), is hereby transferred to the Department of Labor and shall, in addition to its duties under the aforesaid Act, advise the Secretary of Labor and the Director of the Bureau of Employment Security with respect to the administration and coordination of the functions transferred by the provisions of this reorganization plan. SEC. 4. PERSONNEL, RECORDS, PROPERTY, AND FUNDS There are transferred to the Department of Labor, for use in connection with the functions transferred by the provisions of this reorganization plan, the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds (available or to be made available) of the Bureau of Employment Security, together with so much as the Director of the Bureau of the Budget shall determine of other personnel, property, records, and unexpended balances of appropriations, allocations, and funds (available or to be made available) of the Federal Security Agency which relate to functions transferred by the provisions of this reorganization plan. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 2 of 1949, prepared in accordance with the provisions of the Reorganization Act of 1949. This plan transfers the Bureau of Employment Security, now in the Federal Security Agency, to the Department of Labor and vests in the Secretary of Labor the functions of the Federal Security Administrator with respect to employment services and unemployment compensation, the latter of which is now more commonly referred to as unemployment insurance. The plan also transfers to the Secretary of Labor the functions of the Veterans' Placement Service Board and of its Chairman and abolishes that Board. These changes are in general accord with recommendations made by the Commission on Organization of the Executive Branch of the Government. After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 2 of 1949 is necessary to accomplish one or more of the purposes set forth in section 2(a) of said act. The primary benefits from these reorganizations will take the form of improvements in administration and service. It is probable that a significant reduction in expenditures will result from the taking effect of the plan as compared with the current estimates and work-load assumptions contained in the 1950 budget as amended, but an itemization of such savings is not possible in advance of the transfer. One of the major needs of the executive branch is a sound and effective organization of labor functions. More than 35 years ago the Federal Government's labor functions were brought together in the Department of Labor. In recent years, however, the tendency has been to disperse such functions throughout the Government. New labor programs have been placed outside of the Department and some of its most basic functions have been transferred from the Department to other agencies. In my judgment, this course has been fundamentally unsound and should be reversed. The labor programs of the Federal Government constitute a family of interrelated functions requiring generally similar professional training and experience, involving numerous overlapping problems, and calling for strong, unified leadership. Together they form one of the most important areas of Federal activity. It is imperative that the Labor Department be strengthened and restored to its original position as the central agency of the Government for dealing with labor problems. BUREAU OF EMPLOYMENT SECURITY One of the most essential steps in improving the organization of labor functions is the transfer of the Bureau of Employment Security to the Department of Labor. This Bureau administers the activities of the Federal Government with respect to employment services and unemployment insurance. These activities mainly involve the review and apportionment of grants-in-aid, approval of State plans and grants, the conduct of research and developmental activities, and the provision of advice and assistance to the State agencies which actually conduct the services. Public employment services and unemployment insurance are companion programs inextricably interrelated both in purpose and operation. The first assists workers in finding jobs and employers in obtaining workers; the second provides cash benefits for the support of workers and their families when suitable jobs cannot be obtained. Thus, each complements the other. At the local operating level the two programs are almost invariably carried on in the same unit - the local employment office. At the State level they are administered by the same agency in nearly every State. As a result, an unusually high degree of coordination at the Federal level is essential. There can be no question as to the basic consideration which must govern the administration of both of these programs. From the standpoint of all interested parties - the worker, the employer, and the public - the primary concern is employment. Essential as they are, unemployment benefits at a fraction of regular wages are a poor substitute for the earnings from a steady job. In the administration of these programs, therefore, primary attention must be focused on achieving the maximum effectiveness of the employment services. On them depend the prosperity and well-being of the worker and the extent of the unemployment-compensation burden on the employer and the public. I have long been convinced that the Department of Labor is the agency which can contribute most to the development of sound and efficient employment service. It has the understanding of employment problems and of the operation of the labor market which is essential in this field. It possesses the necessary specialists and the wealth of information on occupations, employment trends, wage rates, working conditions, labor legislation and other matters essential to employment counseling and placement. Close working relations between the United States Employment Service and most of the agencies of the Labor Department are vital to the success of both. The Bureau of Labor Statistics has a fund of information on employment and occupations which is basic to the planning and operation of the Service. The Women's Bureau and the Child Labor Branch of the Wage and Hour Division afford expert advice on employment problems relating to women and adolescents. The Bureau of Labor Standards can assist the Service on questions of working conditions and other labor standards, and the Bureau of Apprenticeship on occupational-training problems. At the same time the various agencies of the Labor Department need the detailed current information on labor problems and the condition of the labor market which the United States Employment Service possesses. Experience has demonstrated that unemployment insurance must be administered in close relationship with employment service and other employment programs. In many of our industrial States, and in most foreign countries, unemployment insurance is administered by the agency responsible for labor functions. Furthermore, the unemployment-insurance system has a vital stake in the effectiveness of the program for employment services, for what benefits the employment service also benefits the unemployment-insurance program. The transfer of the Bureau of Employment Security, including the United States Employment Service and the Unemployment Insurance Service, together with the functions thereof, will give assurance that primary emphasis will be placed on the improvement of the employment services and that maximum effort will be made to provide jobs in lieu of cash benefits. The plan also transfers to the Department of Labor the Federal Advisory Council created by the act establishing the United States Employment Service. This Council consists of outstanding representatives of labor, management, and the public who are especially familiar with employment problems. VETERANS' PLACEMENT SERVICE BOARD Although the Veterans' Employment Service operates through the regular employment office system, its policies are determined by the Veterans' Placement Service Board created by the Servicemen's Readjustment Act of 1944. This Board consists of the heads of three Federal agencies, only one of which administers employment services. Furthermore, the full-time director of the Service is appointed by the Chairman of this Board, who is not otherwise engaged in employment-service activity, rather than by the head of the agency within which the service is administered. Such an arrangement is cumbersome and results in an undue division of authority and responsibility. In order to simplify the administration of the Veterans' Employment Service and assure the fullest cooperation between it and the general employment service, the plan eliminates the Veterans' Placement Service Board and transfers its functions and those of its Chairman to the Secretary of Labor. By thus concentrating responsibility for the success of the Service, the plan will make for better service to the veteran seeking employment or vocational counseling. This plan is a major step in the rebuilding and strengthening of the Department of Labor, which I am convinced is essential to the sound and efficient organization of the executive branch of the Government. Harry S. Truman. The White House, June 20, 1949. ------DocID 8955 Document 865 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1950 -MISC1- EFF. MAY 24, 1950, 15 F.R. 3173, 64 STAT. 1261, AS AMENDED SEPT. 6, 1966, PUB. L. 89-554, SEC. 8(A), 80 STAT. 662 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). DEPARTMENT OF JUSTICE Sections 1-5. (Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 662. Section 1, transferred to the Attorney General, all functions of other officers, agencies and employees of Department of Justice, with certain exceptions, see 28 U.S.C. 509. Section 2, provided for performance of Attorney General's functions by such other officer, agency or employee as he might authorize, see 28 U.S.C. 510. Section 3, changed title of 'The Assistant to the Attorney General' to 'Deputy Attorney General', see 28 U.S.C. 504. Sections 4, 5, provided for positions of Assistant Attorney General and Administrative Assistant Attorney General, respectively, see 28 U.S.C. 506, 507.) SEC. 6. INCIDENTAL TRANSFERS The Attorney General may from time to time effect such transfers within the Department of Justice of any of the records, property, personnel, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of such Department as he may deem necessary in order to carry out the provisions of this reorganization plan. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 2 of 1950, prepared in accordance with the Reorganization Act of 1949 and providing for reorganizations in the Department of Justice. My reasons for transmitting this plan are stated in an accompanying general message. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 2 of 1950 is necessary to accomplish one or more of the purposes set forth in section 2 (a) of the Reorganization Act of 1949. I have found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of an Assistant Attorney General and an Administrative Assistant Attorney General. The rate of compensation fixed for these officers is that which I have found to prevail in respect of comparable officers in the executive branch of the Government. The taking effect of the reorganizations included in this plan may not in itself result in substantial immediate savings. However, many benefits in improved operations are probable during the next years which will result in a reduction in expenditures as compared with those that would be otherwise necessary. An itemization of these reductions in advance of actual experience under this plan is not practicable. Harry S. Truman. The White House, March 13, 1950. ------DocID 8984 Document 866 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1953 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1953 -MISC1- EFF. JUNE 4, 1953, 18 F.R. 3219, 67 STAT. 633, AS AMENDED OCT. 15, 1982, PUB. L. 97-325, SEC. 8(D), 96 STAT. 1606 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 25, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended (see 5 U.S.C. 901 et seq.). DEPARTMENT OF AGRICULTURE SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY (a) Subject to the exceptions specified in subsection (b) of this section, there are hereby transferred to the Secretary of Agriculture all functions not now vested in him of all other officers, and of all agencies and employees, of the Department of Agriculture. (b) This section shall not apply to the functions vested by the Administrative Procedure Act (5 U.S.C. 1001 et seq.) (5 U.S.C. 551 et seq. and 701 et seq.) in hearing examiners employed by the Department of Agriculture nor to the functions of (1) the corporations of the Department of Agriculture, (2) the boards of directors and officers of such corporations, (3) the Advisory Board of the Commodity Credit Corporation, or (4) the Farm Credit Administration or any agency, officer, or entity of, under, or subject to the supervision of the said Administration. SEC. 2. ASSISTANT SECRETARIES OF AGRICULTURE Two additional Assistant Secretaries of Agriculture shall be appointed by the President, by and with the advice and consent of the Senate. Each such assistant secretary shall perform such functions as the Secretary of Agriculture shall, from time to time, prescribe and each shall receive compensation at the rate prescribed by law for Assistant Secretaries of executive departments. SEC. 3. ADMINISTRATIVE ASSISTANT SECRETARY (Repealed. Pub. L. 97-325, Sec. 8(d), Oct. 15, 1982, 96 Stat. 1606. Section authorized the appointment of an Administrative Assistant Secretary of Agriculture. See section 2212c of Title 7, Agriculture.) SEC. 4. DELEGATION OF FUNCTIONS (a) The Secretary of Agriculture may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of Agriculture of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan. (b) To the extent that the carrying out of subsection (a) of this section involves the assignment of major functions or major groups of functions to major constituent organizational units of the Department of Agriculture, now or hereafter existing, or to the heads or other officers thereof, and to the extent deemed practicable by the Secretary, he shall give appropriate advance public notice of delegations of functions proposed to be made by him and shall afford appropriate opportunity for interested persons and groups to place before the Department of Agriculture their views with respect to such proposed delegations. (c) In carrying out subsection (a) of this section the Secretary shall seek to simplify and make efficient the operation of the Department of Agriculture, to place the administration of farm programs close to the State and local levels, and to adapt the administration of the programs of the Department to regional, State, and local conditions. SEC. 5. INCIDENTAL TRANSFERS The Secretary of Agriculture may from time to time effect such transfers within the Department of Agriculture of any of the records, property, and personnel affected by this reorganization plan and such transfers of unexpended balances (available or to be made available for use in connection with any affected function or agency) of appropriations, allocations, and other funds of such Department, as he deems necessary to carry out the provisions of this reorganization plan; but such unexpended balances so transferred shall be used only for the purposes for which such appropriation was originally made. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 2 of 1953, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganizations in the Department of Agriculture. Reorganization Plan No. 2 of 1953 is designed to make it possible for the Secretary of Agriculture to simplify and improve the internal organization of the Department of Agriculture. It is substantially in accord with the recommendations made in 1949 by the Commission on Organization of the Executive Branch of the Government. With certain exceptions, Reorganization Plan No. 2 of 1953 transfers to the Secretary of Agriculture the functions now vested by law in other officers, and in the agencies and employees, of the Department. It allows the Secretary to authorize any other officer, agency, or employee of the Department to perform any function vested in the Secretary. He is directed to utilize this delegation authority in such a way as to further certain objectives set forth in the reorganization plan. Those objectives are to simplify and make effective the operation of the Department of Agriculture, to place the administration of farm programs close to the State and local levels, and to adapt the administration of the programs of the Department to regional, State, and local conditions. Further, to the extent deemed practicable by the Secretary, he is required to give appropriate advance public notice and to afford appropriate opportunity for interested persons and groups to present to the Department of Agriculture their views on such proposed delegations of the Secretary as involve assignments of major functions or major groups of functions to major constituent organizational units of the Department or their officers. Reorganization Plan No. 2 of 1953 will permit the establishment of a clearer line of responsibility and authority from the President through the Secretary of Agriculture down to the lowest level of operations in the Department. It will make the Secretary responsible under law for activities within his Department for which he is now in fact held accountable by the President, the Congress, and the public. Also, it will enable the Secretary, from time to time, to adjust the organization of the Department in order to achieve continuous improvement in operations to meet changing conditions. The Congress has in the past repeatedly followed the sound policy of vesting functions directly in department heads so that they can be held accountable for the performance of their agencies. In acting upon recommendations of the Commission on Organization of the Executive Branch of the Government, the Congress approved, in 1949 and 1950, a series of statutes and reorganization plans which applied that policy to all the executive departments except the Department of Defense and the Department of Agriculture. While some laws vest important functions directly in the Secretary of Agriculture, others place major functions in subordinate officers and agencies of the Department. By transferring to the Secretary the latter functions, with certain exceptions, the reorganization plan corrects the present patchwork assignment of statutory functions in the Department. The functions excepted from transfer to the Secretary are the functions of hearing examiners under the Administrative Procedure Act; of the corporations of the Department, including their boards of directors and officers; of the Advisory Board of the Commodity Credit Corporation; and of the Farm Credit Administration and the banks, corporations, and associations supervised by it. The exception of the hearing examiners is in accordance with the intent of the Administrative Procedure Act, and is consistent with the status of hearing examiners in other departments and agencies. The corporations of the Department, together with their boards of directors and officers, are excepted because they have a different legal status than other constituent agencies of the Department. Bodies corporate have independent legal personalities and act in their own name rather than in the name of the Department of Agriculture or of the United States. The same reasons which prompt the exception of the corporations of the Department make desirable the exception of the entities supervised by the Farm Credit Administration. The Farm Credit Administration itself is also excepted, since it is anticipated that general legislation covering this field will be recommended to the Congress. The Department of Agriculture now has only one Assistant Secretary. Reorganization Plan No. 2 of 1953 provides the Secretary with two more Assistant Secretaries and an Administrative Assistant Secretary to aid him in supervising the Department. The Assistant Secretaries will be appointed by the President, by and with the advice and consent of the Senate. The Administrative Assistant Secretary will be appointed under the classified civil service by the Secretary, with the approval of the President. These methods of appointment are similar to those prevailing in other executive departments. The Secretary will prescribe the functions to be performed by these new assistants. It is his intention to have the new Assistant Secretaries aid him in providing closer policy and program supervision over the Department of Agriculture, and to have the new Administrative Assistant Secretary perform substantially the same role as that performed by the administrative assistant secretaries in other departments. Thus, the new officers will assist the Secretary in giving continuous attention to matters which are essential for the most efficient and economical operation of the Department. The Secretary of Agriculture has advised me that the 2 new offices of Assistant Secretary of Agriculture, and the 1 new office of Administrative Assistant Secretary of Agriculture, provided for in the reorganization plan, will merely replace existing positions in the Department, and that hence the creation of these offices will not result in any net increase in the personnel in the Department of Agriculture. He has further advised me that both the number of officers and employees in the Office of the Secretary and the aggregate of their salaries will be less than those existing prior to January 1, 1953. The Secretary of Agriculture, aided by the Interim Agricultural Advisory Committee, has been studying the organization and functions of the Department of Agriculture. Recently the Secretary rearranged the organizational units of the Department so as to form (in addition to the Office of the Solicitor and a reorganized Foreign Agricultural Service) four major groups of agencies, each with a supervising head to whom the agencies within the group report. By so doing, the Secretary sought both to reduce the number of separate officials reporting to him and to improve coordination within the Department. Reorganization Plan No. 2 of 1953 will make it possible for the Secretary to make further internal adjustments within the Department as study and experience identify opportunities for improvement. It will thus further the better management of the affairs of the Department of Agriculture. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 2 of 1953 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of two Assistant Secretaries of Agriculture and an Administrative Assistant Secretary of Agriculture. The rates of compensation fixed for these officers are those which I have found to prevail in respect of comparable officers in the executive branch of the Government. Reductions in expenditures will result from reorganizations of the Department of Agriculture made possible by the taking effect of Reorganization Plan No. 2 of 1953, but such reductions cannot be itemized at this time. I recommend that the Congress allow the accompanying reorganization plan to become effective. Dwight D. Eisenhower. The White House, March 25, 1953. ------DocID 8994 Document 867 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1954 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1954 -MISC1- EFF. JULY 1, 1954, 19 F.R. 3986, 68 STAT. 1280 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 29, 1954, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended (see 5 U.S.C. 901 et seq.). LIQUIDATION OF CERTAIN AFFAIRS OF THE RECONSTRUCTION FINANCE CORPORATION SECTION 1. TRANSFER OF FUNCTIONS The functions of the Reconstruction Finance Corporation (hereinafter referred to as the Corporation) with respect to the following-described matters, together with the functions of the Secretary of the Treasury under section 10 of the Reconstruction Finance Corporation Act, as amended (15 U.S.C. 609), and under the Reconstruction Finance Corporation Liquidation Act (act July 30, 1953, ch. 282, title I, Sec. 101-108, 67 Stat. 230), with respect to the said matters, are hereby transferred as follows: (a) There are transferred to the Export-Import Bank of Washington the said functions relating to: (1) The loan made by the Corporation to the Republic of the Philippines under section 3 of the Joint Resolution of August 7, 1946, ch. 811, 60 Stat. 902 (15 U.S.C. 606b-5). (2) The loans made by the Corporation to the Government of Ecuador and the Newfoundland Railway of St. Johns, Newfoundland. (3) The capital stock of the Banco de Borracha (now known as the Amazon Credit Bank, Belem, Brazil). (4) All foreign bonds and securities acquired by the Corporation in the liquidation of its lending programs. (b) There are transferred to the Small Business Administration the said functions relating to loans made by the Corporation to victims of floods or other catastrophes. (c) There are transferred to the Federal National Mortgage Association the said functions relating to mortgages held by the Corporation which were made or acquired under the authority of the RFC Mortgage Company or the Defense Homes Corporation. SEC. 2. TRANSFER OF INCIDENTAL FUNCTIONS There are hereby transferred to each transferee agency so much of the functions of the Corporation, and so much of the functions of the Secretary of the Treasury under section 10 of the Reconstruction Finance Corporation Act, as amended (15 U.S.C. 609), and under the Reconstruction Finance Corporation Liquidation Act (act July 30, 1953, ch. 282, title I, Sec. 101-108, 67 Stat. 230), as is incidental to, or necessary for, the performance by the transferee agency of the functions specified in section 1(a), (b), or (c) hereof, as the case may be, including, in respect of the functions specified in sections 1(a)(1), 1(b), and 1(c) hereof, the authority to issue notes or other obligations to the Secretary of the Treasury, which may be purchased by the Secretary, under section 7 of the Reconstruction Finance Corporation Act, as amended (15 U.S.C. 606), and the duty of making payments on such notes or obligations issued by or transferred to the transferee agency hereunder. SEC. 3. TRANSFER OF ASSETS; MISCELLANEOUS TRANSFERS (a) The loans, bonds, securities, mortgages, and capital stock referred to in section 1 of this reorganization plan, together with accrued interest thereon, property acquired in connection therewith, and contracts and other instruments pertaining thereto, are hereby transferred from the Corporation to the respective transferee agencies. (b) In addition to the transfers made by section 3 (a), above, there shall be transferred to each transferee agency so much as the Director of the Bureau of the Budget shall determine to be appropriate by reason of transfers made by sections 1, 2, and 3(a) of this reorganization plan of the property, personnel, records, liabilities and commitments of the Corporation and of the authorizations, allocations, and funds available or to be made available to the Corporation or the Treasury Department. (c) Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in sections 3(a) and 3(b), above, shall be carried out in such manner and by such agencies as the Director shall direct. SEC. 4. DEFINITION As used in this reorganization plan, the term 'transferee agencies' means the Export-Import Bank of Washington, the Small Business Administration, and the Federal National Mortgage Association. SEC. 5. EFFECTIVE DATE The provisions of this reorganization plan shall take effect at the time determined under the provisions of section 6(a) of the Reorganization Act of 1949, as amended or at the close of June 30, 1954, whichever is later, and shall be effective notwithstanding any heretofore enacted provisions of law transferring the duty of completing the liquidation of the assets and the winding up of the affairs of the Corporation. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 2 of 1954, prepared in accordance with the Reorganization Act of 1949, as amended. The reorganization plan assigns to appropriate agencies the liquidation of certain affairs of the Reconstruction Finance Corporation. First, the reorganization plan transfers to the Export-Import Bank of Washington loans made to foreign financial institutions and to foreign governments, including a loan to the Republic of the Philippines; all foreign bonds and securities acquired in the liquidation of Corporation lending programs; and functions with respect to the liquidation of those assets. The bank is this Government's principal instrument for the administration of similar matters and can readily integrate the liquidation of the transferred assets with its other activities in the field of foreign finance. Second, the reorganization plan transfers to the Small Business Administration loans made by the Reconstruction Finance Corporation to victims of floods or other catastrophes, together with the function of liquidating those loans. The Small Business Administration is responsible for a similar loan program. Thus, by this transfer, related activities are concentrated in a single agency for effective administration. Third, the reorganization plan transfers to the Federal National Mortgage Association, in the Housing and Home Finance Agency, real estate mortgages made or acquired under the authority of the RFC Mortgage Company and the Defense Homes Corporation, and the function of liquidating these assets. The Association is responsible under its basic authority for the servicing, liquidation, and sale of the bulk of residential real estate mortgages held by the Government of the United States. Through its field offices, the Association maintains continuous relationships with lending and investing institutions specializing in home financing. It is, therefore, the Federal agency best situated to liquidate the assets of a similar type transferred to it by the reorganization plan. Under existing authority, the completion of the liquidation of the assets and the winding up of the affairs of the Reconstruction Finance Corporation will be carried out under the direction of the Secretary of the Treasury after the succession of the Corporation expires on June 30, 1954. The reorganization plan modifies that arrangement by placing responsibility for the completion of each of the activities described above under the jurisdiction of an agency responsible for a similar continuing program. Thus, the reorganization plan facilitates the orderly and expeditious liquidation of the affairs of the Corporation. It is not, however, practicable at this time to specify the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations contained in the plan. After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 2 of 1954 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I urge that the Congress allow the reorganization plan to become effective. Dwight D. Eisenhower. The White House, April 29, 1954. ------DocID 8998 Document 868 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1961 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1961 -MISC1- Reorganization Plan No. 2 of 1961, which proposed reorganizations in the Federal Communications Commission, was submitted to Congress on Apr. 27, 1961, and was disapproved by the House of Representatives on June 15, 1961. ------DocID 9005 Document 869 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1962 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1962 -MISC1- EFF. JUNE 8, 1962, 27 F.R. 5419, 76 STAT. 1253, AS AMENDED PUB. L. 88-426, TITLE III, SEC. 305(41), AUG. 14, 1964, 78 STAT. 427; PUB. L. 94-282, TITLE V, SEC. 502, MAY 11, 1976, 90 STAT. 472 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled March 29, 1962, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). CERTAIN SCIENCE AGENCIES AND FUNCTIONS PART I. OFFICE OF SCIENCE AND TECHNOLOGY Sec. 1. (Repealed. Pub. L. 94-282, title V, Sec. 502, May 11, 1976, 90 Stat. 472. Section established in the Executive Office of the President the Office of Science and Technology.) Sec. 2. (Repealed. Pub. L. 94-282, title V, Sec. 502, May 11, 1976, 90 Stat. 472. Section, as amended by Pub. L. 88-426, title III, Sec. 305(41)(A), (B), Aug. 14, 1964, 78 Stat. 427, 428, authorized the appointment of the Director and Deputy Director of the Office of Science and Technology by the President by and with the advice and consent of the Senate.) Sec. 3. (Repealed. Pub. L. 94-282, title V, Sec. 502, May 11, 1976, 90 Stat. 472. Section transferred to the Director of the Office of Science and Technology from the National Science Foundation, certain functions formerly conferred upon the Foundation.) Sec. 4. (Repealed. Pub. L. 94-282, title V, Sec. 502, May 11, 1976, 90 Stat. 472. Section authorized the Director of the Office of Science and Technology to appoint employees necessary for the work of the Office under the classified civil service and fix their compensation in accordance with the classification laws.) PART II. NATIONAL SCIENCE FOUNDATION SECTION 21. EXECUTIVE COMMITTEE (a) There is hereby established the Executive Committee of the National Science Board, hereafter in this Part referred to as the Executive Committee, which shall be composed of five voting members. Four of the members shall be elected as hereinafter provided. The Director provided for in section 22 of this reorganization plan, ex officio, shall be the fifth member and the chairman of the Executive Committee. (b) At its annual meeting held in 1964 and at each of its succeeding annual meetings the National Science Board, hereafter in this Part referred to as the Board shall elect two of its members as members of the Executive Committee, and the Executive Committee members so elected shall hold office for two years from the date of their election. Any person who has been a member of the Executive Committee (established by this reorganization plan) for six consecutive years shall thereafter be ineligible for service as a member thereof during the two-year period following the expiration of such sixth year. For the purposes of this subsection, the period between any two consecutive annual meetings of the Board shall be deemed to be one year. (c) At its first meeting held after the effective date of this section the Board shall elect four of its members as members of the Executive Committee. As designated by the Board, two of the Executive Committee members so elected shall hold office as such members until the date of the annual meeting of the Board held in 1964 and the other two members so elected shall hold such office until the annual meeting of the Board held in 1965. (d) Any person elected as a member of the Executive Committee to fill a vacancy occurring prior to the expiration of the term for which his predecessor was elected shall be elected for the remainder of such term. (e) The functions conferred upon the Executive Committee now existing under the provisions of the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), by the provisions of section 6 of the National Science Foundation Act of 1950 (42 U.S.C. 1865) or otherwise, are hereby transferred to the Executive Committee established by the provisions of this Part; and the authority of the National Science Board to assign its powers and functions to the now-existing Executive Committee, and statutory limitations upon such assignment, shall hereafter be applicable to the Executive Committee established by the provisions of this Part. SEC. 22. DIRECTOR (a) There is hereby established in the National Science Foundation a new office with the title of Director of the National Science Foundation. The Director of the National Science Foundation, hereafter in this Part referred to as the Director, shall be appointed by the President by and with the advice and consent of the Senate. Before any person is appointed as Director the President shall afford the Board an opportunity to make recommendations to him with respect to such appointment. The Director shall serve for a term of six years unless sooner removed by the President. The Director shall not engage in any business, vocation or employment other than that of serving as such Director, nor shall he, 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 Foundation makes any contract or other arrangement under the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.). (b) Except to the extent inconsistent with the provisions of section 23(b)(2) of this reorganization plan, all functions of the office of Director of the National Science Foundation abolished by the provisions of 23 (a)(2) thereof are hereby transferred to the office of Director established by the provisions of subsection (a) of this section. (c) The Director, ex officio, shall be an additional member of the Board and, except in respect of compensation and tenure, shall be coordinate with other members of the Board. He shall be a voting member of the Board and shall be eligible for election by the Board as chairman or vice chairman of the Board. (As amended Pub. L. 88-426, title III, Sec. 305(41)(C), Aug. 14, 1964, 78 Stat. 428.) SEC. 23. ABOLITIONS (a) The following agencies now existing under the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), are hereby abolished: (1) The Executive Committee of the National Science Board (section 6 of Act; 42 U.S.C. 1865). (2) The office of Director of the National Science Foundation (sections 2 and 5 of Act; 42 U.S.C. 1861, 1864). (b) There are also hereby abolished: (1) The functions conferred upon the National Science Board by that part of section 6(a) of the National Science Foundation Act of 1950 (42 U.S.C. 1865(a)) which reads 'The Board is authorized to appoint from among its members an Executive Committee'. (2) The functions of the Director of the National Science Foundation provided for in sections 4(a) and 5 (a) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(a); 1864(a)) with respect to serving as a nonvoting member of the Board and his functions with respect to serving as a nonvoting member of the Executive Committee provided for in section 6(b) of that Act (42 U.S.C. 1865(b)). (3) So much of the functions conferred upon divisional committees by the provisions of section 8(d) of the National Science Foundation Act of 1950 (42 U.S.C. 1867(d)) as consists of making recommendations to, and advising and consulting with, the Board. (c) The provisions of sections 23(a)(1) and 23(b)(1) hereof shall become effective on the date of the first meeting of the Board held after the effective date of the other provisions of this reorganization plan. PART III. TRANSITIONAL PROVISIONS SECTION 31. INCIDENTAL TRANSFERS (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, available, or to be made available, in connection with the functions transferred by the provisions of section 3 of this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Office of Science and Technology at such time or times as the said Director shall direct. (b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided for in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. SEC. 32. INTERIM OFFICERS (a) The President may authorize any person who immediately prior to the effective date of Part I of this reorganization plan holds a position in the Executive Office of the President to act as Director of the Office of Science and Technology until the office of Director is for the first time filled pursuant to the provisions of this reorganization plan or by recess appointment, as the case may be. (b) The President may authorize any person who immediately prior to the effective date of section 22 of this reorganization plan holds any office existing under the provisions of the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) to act as Director of the National Science Foundation until the office of Director is for the first time filled pursuant to the provisions of this reorganization plan or by recess appointment, as the case may be. (c) The President may authorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office in respect of which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled. (Amendments by Pub. L. 90-407, July 18, 1968, 82 Stat. 360, intended to continue in effect the existing offices, procedures, and organization of the National Science Foundation as provided by 42 U.S.C. section 1861 et seq., part II of Reorg. Plan No. 2 of 1962, and Reorg. Plan No. 5 of 1965, but on and after July 18, 1968, part II of Reorg. Plan No. 2 of 1962, and Reorg. Plan No. 5 of 1965, as being of no force or affect, and nothing in Pub. L. 90-407 as altering or affecting any transfers of functions made by part I of Reorg. Plan No. 2 of 1962, see section 16 of Pub. L. 90-407, set out as Continuation of Existing Offices, Procedures, and Organization of the National Science Foundation note under 42 U.S.C. 1862.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 2 of 1962, prepared in accordance with the provisions of the Reorganization Act of 1949, as amended, and providing for certain reorganizations in the field of science and technology. Part I of the reorganization plan establishes the Office of Science and Technology as a new unit within the Executive Office of the President; places at the head thereof a Director appointed by the President by and with the advice and consent of the Senate and makes provision for a Deputy Director similarly appointed; and transfers to the Director certain functions of the National Science Foundation under sections 3(a)(1) and 3(a)(6) of the National Science Foundation Act of 1950. The new arrangements incorporated in part I of the reorganization plan will constitute an important development in executive branch organization for science and technology. Under those arrangements the President will have permanent staff resources capable of advising and assisting him on matters of national policy affected by or pertaining to science and technology. Considering the rapid growth and far-reaching scope of Federal activities in science and technology, it is imperative that the President have adequate staff support in developing policies and evaluating programs in order to assure that science and technology are used most effectively in the interests of national security and general welfare. To this end it is contemplated that the Director will assist the President in discharging the responsibility of the President for the proper coordination of Federal science and technology functions. More particularly, it is expected that he will advise and assist the President as the President may request with respect to - (1) Major policies, plans, and programs of science and technology of the various agencies of the Federal Government, giving appropriate emphasis to the relationship of science and technology to national security and foreign policy, and measures for furthering science and technology in the Nation. (2) Assessment of selected scientific and technical developments and programs in relation to their impact on national policies. (3) Review, integration, and coordination of major Federal activities in science and technology, giving due consideration to the effects of such activities on non-Federal resources and institutions. (4) Assuring that good close relations exist with the Nation's scientific and engineering communities so as to further in every appropriate way their participation in strengthening science and technology in the United States and the free world. (5) Such other matters consonant with law as may be assigned by the President to the Office. The ever-growing significance and complexity of Federal programs in science and technology have in recent years necessitated the taking of several steps for improving the organizational arrangements of the executive branch in relation to science and technology: (1) The National Science Foundation was established in 1950. The Foundation was created to meet a widely recognized need for an organization to develop and encourage a national policy for the promotion of basic research and education in the sciences, to support basic research, to evaluate research programs undertaken by Federal agencies, and to perform related functions. (2) The Office of the Special Assistant to the President for Science and Technology was established in 1957. The Special Assistant serves as Chairman of both the President's Science Advisory Committee and the Federal Council for Science and Technology, mentioned below. (3) At the same time, the Science Advisory Committee, composed of eminent non-Government scientists and engineers, and located within the Office of Defense Mobilization, was reconstituted in the White House Office as the President's Science Advisory Committee. (4) The Federal Council for Science and Technology, composed of policy officials of the principal agencies engaged in scientific and technical activities, was established in 1959. The National Science Foundation has proved to be an effective instrument for administering sizable programs in support of basic research and education in the sciences and has set an example for other agencies through the administration of its own programs. However, the Foundation, being at the same organizational level as other agencies, cannot satisfactorily coordinate Federal science policies or evaluate programs of other agencies. Science policies, transcending agency lines, need to be coordinated and shaped at the level of the Executive Office of the President drawing upon many resources both within and outside of Government. Similarly, staff efforts at that higher level are required for the evaluation of Government programs in science and technology. Thus, the further steps contained in part I of the reorganization plan are now needed in order to meet most effectively new and expanding requirements brought about by the rapid and far-reaching growth of the Government's research and development programs. These requirements call for the further strengthening of science organization at the Presidential level and for the adjustment of the Foundation's role to reflect changed conditions. The Foundation will continue to originate policy proposals and recommendations concerning the support of basic research and education in the sciences, and the new Office will look to the Foundation to provide studies and information on which sound national policies in science and technology can be based. Part I of the reorganization plan will permit some strengthening of the staff and consultant resources now available to the President in respect of scientific and technical factors affecting executive branch policies and will also facilitate communication with the Congress. Part II of the reorganization plan provides for certain reorganizations within the National Science Foundation which will strengthen the capability of the Director of the Foundation to exert leadership and otherwise further the effectiveness of administration of the Foundation. Specifically: (1) There is established a new office of Director of the National Science Foundation and that Director, ex officio, is made a member of the National Science Board on a basis coordinate with that of other Board members. (2) There is substituted for the now-existing Executive Committee of the National Science Board a new Executive Committeee composed of the Director of the National Science Foundation, ex officio, as a voting member and Chairman of the Committee, and of four other members elected by the National Science Board from among its appointive members. (3) Committees advisory to each of the divisions of the Foundation will make their recommendations to the Director only rather than to both the Director and the National Science Board. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 2 of 1962 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have found and hereby declare that it is necessary to include in the reorganization plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of the Director and Deputy Director of the Office of Science and Technology and of the Director of the National Science Foundation. The rate of compensation fixed for each of these officers is that which I have found to prevail in respect of comparable officers in the executive branch of the Government. The functions abolished by the provisions of section 23(b) of the reorganization plan are provided for in sections 4(a), 5(a), 6(a), 6(b), and 8(d) of the National Science Foundation Act of 1950. The taking effect of the reorganizations included in the reorganization plan will provide sound organizational arrangements and will make possible more effective and efficient administration of Government programs in science and technology. It is, however, impracticable to itemize at this time the reductions in expenditures which it is probable will be brought about by such taking effect. I recommend that the Congress allow the reorganization plan to become effective. John F. Kennedy. The White House, March 29, 1962. ------DocID 9008 Document 870 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1965 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1965 -MISC1- EFF. JULY 13, 1965, 30 F.R. 8819, 79 STAT. 1318, AS AMENDED PUB. L. 90-83, SEC. 10(C), SEPT. 11, 1967, 81 STAT. 224 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 13, 1965, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE SECTION 1. TRANSFER OF FUNCTIONS All functions vested by law in the Weather Bureau, the Chief of the Weather Bureau, the Coast and Geodetic Survey, the Director of the Coast and Geodetic Survey, and any officer, employee, or organizational entity of that Bureau of Survey, and not heretofore transferred to the Secretary of Commerce, hereinafter referred to as the Secretary, are hereby transferred to the Secretary. SEC. 2. ABOLITIONS (a) The offices of Director of the Coast and Geodetic Survey, Deputy Director of the Coast and Geodetic Survey, and Chief of the Weather Bureau are hereby abolished. The Secretary shall make such provisions as he shall deem to be necessary respecting the winding up of any outstanding affairs of the officers whose offices are abolished by the provisions of this section. (b) The abolitions effected by the provision of subsection (a) of this section shall exclude the abolition of rights to which the present incumbents of the abolished offices would be entitled under law upon the termination of their appointments. SEC. 3. ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION (a) The Coast and Geodetic Survey and the Weather Bureau are hereby consolidated to form a new agency in the Department of Commerce which shall be known as the Environmental Science Services Administration, hereinafter referred to as the Administration. (b) The Secretary shall from time to time establish such constituent organizational entities of the Administration, with such names, as he shall determine. SEC. 4. OFFICERS OF THE ADMINISTRATION (a) There shall be at the head of the Administration the Administrator of the Environmental Science Services Administration, hereinafter referred to as the Administrator. The Administrator shall be appointed by the President by and with the advice and consent of the Senate. He shall perform such functions as the Secretary may from time to time direct. (b)(1) There shall be in the Administration a Deputy Administrator of the Environmental Science Services Administration, hereinafter referred to as the Deputy Administrator, who shall be appointed by the President by and with the advice and consent of the Senate, shall perform such functions as the Secretary may from time to time direct, and, unless he is compensated in pursuance of the provisions of paragraph (2), below, shall receive compensation in accordance with the Classification Act of 1949, as amended (5 U.S.C. 5101 et seq., 5331 et seq.). (2) The office of Deputy Administrator may be filled at the discretion of the President by appointment (by and with the advice and consent of the Senate) from the active list of commissioned officers of the Administration in which case the appointment shall create a vacancy on the active list and while holding the office of Deputy Administrator the officer shall have rank, pay and allowances not exceeding those of a Vice Admiral. (c) The Deputy Administrator or such other official of the Department of Commerce as the Secretary shall from time to time designate shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator. (d) At any one time, one principal constituent organizational entity of the Administration may, if the Secretary so elects, be headed by a commissioned officer of the Administration, who shall be designated by the Secretary. Such designation of an officer shall create a vacancy on the active list and while serving under this paragraph the officer shall have rank, pay and allowances not exceeding those of a Rear Admiral (upper half). (e) Any commissioned officer of the Administration who has served as Deputy Administrator or has served in a rank above that of Captain as the head of a principal constituent organizational entity of the Administration, and is retired while so serving or is retired after the completion of such service while serving in a lower rank or grade, shall be retired with the rank, pay and allowances authorized by law for the highest grade and rank held by him; but any such officer, upon termination of his appointment in a rank above that of Captain, shall, unless appointed or assigned to some other position for which a higher rank or grade is provided, revert to the grade and number he would have occupied had he not served in a rank above that of Captain and such officer shall be an extra number in that grade. (As amended Pub. L. 90-83, Sec. 10(c), Sept. 11, 1967, 81 Stat. 224.) SEC. 5. AUTHORITY OF THE SECRETARY Nothing in this reorganization plan shall divest the Secretary of any function vested in him by law or by Reorganization Plan No. 5 of 1950 (64 Stat. 1263) or in any manner derogate from any authority of the Secretary thereunder. SEC. 6. PERSONNEL, PROPERTY, RECORDS AND FUNDS (a) The personnel (including commissioned officers) employed in the Coast and Geodetic Survey, the personnel employed in the Weather Bureau, and the property and records held or used by the Weather Bureau or the Coast and Geodetic Survey shall be deemed to be transferred to the Administration. (b) Unexpended balances of appropriations, allocations, and other funds available or to be made available in connection with functions now administered by the Weather Bureau or by the Coast and Geodetic Survey shall be available to the Administration hereunder in connection with those functions. (c) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the foregoing provisions of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. SEC. 7. INTERIM OFFICERS (a) The President may authorize any person who immediately prior to the effective date of this reorganization plan held a position in the executive branch of the Government to act as Administrator until the office of Administrator is for the first time filled pursuant to the provisions of this reorganization plan or by recess appointment, as the case may be. (b) The President may similarly authorize any such person to act as Deputy Administrator. (c) The President may authorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office in respect to which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled. (The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred the personnel, property, records, and unexpended balances of funds of the Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 2 of 1965, prepared in accordance with the provisions of the Reorganization Act of 1949, as amended, and providing for the reorganization of two major agencies of the Department of Commerce: The Weather Bureau and the Coast and Geodetic Survey. The reorganization plan consolidates the Coast and Geodetic Survey and the Weather Bureau to form a new agency in the Department of Commerce to be known as the Environmental Science Services Administration. It is the intention of the Secretary of Commerce to transfer the Central Radio Propagation Laboratory of the National Bureau of Standards to the Administration when the reorganization plan takes effect. The new Administration will then provide a single national focus for our efforts to describe, understand, and predict the state of the oceans, the state of the lower and upper atmosphere, and the size and shape of the earth. Establishment of the Administration will mark a significant step forward in the continual search by the Federal Government for better ways to meet the needs of the Nation for environmental science services. The organizational improvements made possible by the reorganization plan will enhance our ability to develop an adequate warning system for the severe hazards of nature - for hurricanes, tornadoes, floods, earthquakes, and seismic sea waves, which have proved so disastrous to the Nation in recent years. These improvements will permit us to provide better environmental information to vital segments of the Nation's economy - to agriculture, transportation, communications, and industry, which continually require information about the physical environment. They will mean better services to other Federal departments and agencies - to those that are concerned with the national defense, the exploration of outer space, the management of our mineral and water resources, the protection of the public health against environmental pollution, and the preservation of our wilderness and recreation areas. The new Administration will bring together a number of allied scientific disciplines that are concerned with the physical environment. This integration will better enable us to look at man's physical environment as a scientific whole and to seek to understand the interactions among air, sea, and earth and between the upper and lower atmosphere. It will facilitate the development of programs dealing with the physical environment and will permit better management of these programs. It will enhance our capability to identify and solve important long-range scientific and technological problems associated with the physical environment. The new Administration will, in consequence, promote a fresh sense of scientific dedication, discovery, and challenge, which are essential if we are to attract scientists and engineers of creativity and talent to Federal employment in this field. The reorganization plan provides for an Administrator at the head of the Administration, and for a Deputy Administrator, each of whom will be appointed by the President by and with the advice and consent of the Senate. As authorized by the civil service and other laws and regulations, subordinate officers of the Administration will be appointed by the Secretary of Commerce or be assigned by him from among a corps of commissioned officers. The Administration will perform such functions as the Secretary of Commerce may delegate or otherwise assign to it and will be under his direction and control. Commissioned officers of the Coast and Geodetic Survey will become commissioned officers of the Administration and may serve at the discretion of the Secretary of Commerce throughout the Administration. The reorganization plan authorizes the President at his discretion to fill the Office of Deputy Administrator by appointment, by and with the advice and consent of the Senate, from the active list of commissioned officers of the Administration. The reorganization plan transmitted herewith abolishes - and thus excludes from the consolidation mentioned above - the offices of (1) Chief of the Weather Bureau, provided for in the act of October 1, 1890 (15 U.S.C. 312); (2) Director of the Coast and Geodetic Survey, provided for in the acts of June 4, 1920, and February 16, 1929, as amended (33 U.S.C. 852, 852a); and (3) Deputy Director of the Coast and Geodetic Survey, provided for in the act of January 19, 1942, as amended (33 U.S.C. 852b). After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 2 of 1965 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have also found and hereby delcare that by reason of the reorganizations made by the reorganization plan, it is necessary to include in the plan provisions for the appointment and compensation of the officers of the Administration set forth in section 4 of the reorganization plan. The rate of compensation fixed for each of these officers is that which I have found to prevail in respect of comparable officers in the executive branch of the Government. In addition to permitting more effective management within the Department of Commerce, the new organization will ultimately produce economies. These economies will be of two types. The first, and probably the most significant, is the savings and avoidance of costs which will result from the sharing of complex and expensive facilities such as satellites, computers, communication systems, aircraft, and ships. These economies will increase in significance as developments in science and technology bring into being still more advanced equipment. Second, integration of the existing headquarters and field organizations will permit more efficient utilization of existing administrative staffs and thereby produce future economies. It is, however, impracticable to specify or itemize at this time the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations included in the reorganization plan. I recommend that the Congress allow the accompanying reorganization plan to become effective. Lyndon B. Johnson. The White House, May 13, 1965. ------DocID 9013 Document 871 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1966 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1966 -MISC1- EFF. MAY 10, 1966, 31 F.R. 6857, 80 STAT. 1608, AS AMENDED PUB. L. 90-86, SEC. 10(C), SEPT. 11, 1967, 81 STAT. 224 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled February 28, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). WATER POLLUTION CONTROL SECTION 1. TRANSFERS OF FUNCTIONS AND AGENCIES (a) Except as otherwise provided in this section, all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under the Federal Water Pollution Control Act, as amended, hereinafter referred to as the Act (33 U.S.C. 466 et seq.) (see 33 U.S.C. 1251 et seq.), including all functions of other officers, or of employees or agencies, of that Department under the Act, are hereby transferred to the Secretary of the Interior. (b) The Federal Water Pollution Control Administration is hereby transferred to the Department of the Interior. (c)(1) The Water Pollution Control Advisory Board, together with its functions, is hereby transferred to the Department of the Interior. (2) The functions of the Secretary of Health, Education, and Welfare (including those of his designee) under section 9 of the Act shall be deemed to be hereby transferred to the Secretary of the Interior. (3) The Secretary of Health, Education, and Welfare shall be an additional member of the said Board as provided for by section 9 of the Act and as modified by this reorganization plan. (d)(1) The Hearing Boards provided for in sections 10(c)(4) and 10(f) of the Act including any Boards so provided for which may be in existence on the effective date of this reorganization plan, together with their respective functions, are hereby transferred to the Department of the Interior. (2) The functions of the Secretary of Health, Education, and Welfare under the said sections 10(c)(4) and 10(f) shall be deemed to be hereby transferred to the Secretary of the Interior. (3) The Secretary of the Interior shall give the Secretary of Health, Education, and Welfare opportunity to select a member of each Hearing Board appointed pursuant to sections 10(c)(4) and 10(f) of the Act as modified by this reorganization plan. (e) There are excepted from the transfers effected by subsection (a) of this section (1) the functions of the Secretary of Health, Education, and Welfare and the Assistant Secretary of Health, Education, and Welfare under clause (2) of the second sentence of section 1(b) of the Act, and (2) so much of the functions of the Secretary of Health, Education, and Welfare under section 3(b)(2) of the Act as related to public health aspects. (f) The functions of the Surgeon General under section 2(k) of the Water Quality Act of 1965 (79 Stat. 905) are transferred to the Secretary of Health, Education, and Welfare. Within 90 days after this reorganization plan becomes effective, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall present to the President for his approval an interdepartmental agreement providing in detail for the implementation of the consultations provided for by said section 2(k). Such interdepartmental agreement may be modified from time to time by the two Secretaries with the approval of the President. (g) The functions of the Secretary of Health, Education, and Welfare under sections 2(b), (c), and (g) of the Water Quality Act of 1965 are hereby transferred to the Secretary of the Interior: Provided, That the Secretary of the Interior may exercise the authority to provide further periods for the transfer to classified positions in the Federal Water Pollution Control Administration of commissioned officers of the Public Health Service under said section 2(b) only with the concurrence of the Secretary of Health, Education, and Welfare. (h) The functions of the Secretary of Health, Education, and Welfare under the following provisions of law are hereby transferred to the Secretary of the Interior: (1) Section 702(a) of the Housing and Urban Development Act of 1965 (79 Stat. 490) (42 U.S.C. Sec. 3102(a)). (2) Section 212 of the Appalachian Regional Development Act of 1965 (79 Stat. 16) (40 App. U.S.C.). (3) Section 106 of the Public Works and Economic Development Act of 1965 (79 Stat. 554) (42 U.S.C. Sec. 3136). SEC. 2. ASSISTANT SECRETARY OF THE INTERIOR There shall be in the Department of the Interior one additional Assistant Secretary of the Interior, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall, except as the Secretary of the Interior may direct otherwise, assist the Secretary in the discharge of the functions transferred to him hereunder, who shall perform such other duties as the Secretary shall from time to time prescribe. (As amended Pub. L. 90-83, Sec. 10(c), Sept. 11, 1967, 81 Stat. 224.) SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS The provisions of sections 2 and 5 of Reorganization Plan No. 3 of 1950 (64 Stat. 1262) shall be applicable to the functions transferred hereunder to the Secretary of the Interior to the same extent as they are applicable to the functions transferred to the Secretary thereunder. SEC. 4. INCIDENTAL PROVISIONS (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds, employed, used, held, available, or to be made available in connection with the functions transferred to the Secretary of the Interior or the Department of the Interior by this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Department of the Interior at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers referred to in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. (c) This reorganization plan shall not impair the transfer rights and benefits of commissioned officers of the Public Health Service provided by section 2 of the Water Quality Act of 1965. SEC. 5. ABOLITION OF OFFICE (a) There is hereby abolished that office of Assistant Secretary of Health, Education, and Welfare the incumbent of which is on date of the transmittal of this reorganization plan to the Congress the Assistant Secretary of Health, Education, and Welfare designated by the Secretary of Health, Education, and Welfare under the provisions of section 1(b) of the Act. (b) The Secretary of Health, Education, and Welfare shall make such provisions as he shall deem to be necessary respecting the winding up of any outstanding affairs of the Assistant Secretary whose office is abolished by subsection (a) of this section. (All functions of the Secretary of the Interior and the Department of the Interior administered through the Federal Water Quality Administration, all functions which were transferred to the Secretary of the Interior by Reorg. Plan No. 2 of 1966, and all functions vested in the Secretary of the Interior or the Department of the Interior by the Federal Water Pollution Control Act (see Short Title note set out under 33 U.S.C. 1251) were transferred to the Administrator of the Environmental Protection Agency by Reorg. Plan No. 3 of 1970, Sec. 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 2 of 1966, prepared in accordance with the provisions of the Reorganization Act of 1949, as amended, and providing for reorganization of certain water pollution control functions. Thirty-five years ago Justice Oliver Wendell Holmes said: 'A river is more than an amenity, it is a treasure.' Only recently has the truth of this observation entered the public conscience. For we now recognize that the Nation's rivers, far from being treasured, have been carelessly neglected for too long. Today we face a harsh reality. Our waters are burdened with blight. We know that every river system in America suffers from some degree of pollution. This menace is growing more serious with every passing day. We have just begun to take the steps to clean and restore our waters. The task is immense. The journey will be long. If our new programs are to succeed we must combine our efforts - Federal, State, local, and private - in new and creative partnerships. The attack against water pollution should be unified and coordinated. It should be carried forward as an integral part of comprehensive planning for the development of river basins. But, most importantly, the Government's management structure must be strengthened and reshaped to meet the challenges that lie ahead. In my February 23 message on the quality of our environment I stated: '* * * we must reorganize the Federal effort. In the past, the Federal anti-pollution effort has been organizationally separate from water conservation and use programs. 'One agency should assume leadership in our clean water effort. 'That agency should be the Department of the Interior.' The Department of the Interior, for many years, has been concerned with the comprehensive management and development of the Nation's water resources. It plans, constructs, and operates multiple-purpose water and related land resources, projects. It carries on research and development on the removal of minerals from water. It administers the Water Resources Research Act. The Secretary of the Interior also serves as Chairman of the Water Resources Council responsible for coordinating river basin planning. Under the Clean Rivers Restoration Act of 1966 and other legislation which I have recently proposed, the Secretary will become the focal point for Federal efforts in this area. It is wise management to place under his control the related resources and authority now in the Department of Health, Education, and Welfare. The reorganization plan maintains a proper and effective role for the Department of Health, Education, and Welfare with respect to the health aspects of pollution. At the same time it places in the Department of the Interior all of the necessary tools to move forward the drive to clean America's waters. The reorganization plan herewith transmitted will transfer to the Secretary of the Interior the functions of the Department of Health, Education, and Welfare under the Federal Water Pollution Control Act except for responsibilities relating to public health for which the Department of Health, Education, and Welfare has special competence. That Department will retain responsibility under section 3(b) of the act for advising on public health questions involved in determinations by Federal agencies of the need for and value of the inclusion of storage for water quality control in Federal reservoirs. The Federal Water Pollution Control Administration would be transferred to the Department of the Interior. The Secretary of the Interior in administering the act will also be required to consult with the Secretary of Health, Education, and Welfare on public health aspects relating to water pollution. This consultative responsibility is now vested in the Suregon General by section 2(k) of the Water Quality Act of 1965. The plan transfers that responsibility to the Secretary of Health, Education, and Welfare. The Water Pollution Control Advisory Board and the hearing boards provided for in the act would be transferred to the Department of the Interior, together with their respective functions. The reorganization plan also makes the Secretary of Health, Education, and Welfare a member of the Advisory Board and gives him the opportunity to select a member of each hearing board. The reorganization plan would in no way impair the rights and benefits of commissioned officers of the Public Health Service who may transfer to the Water Pollution Control Administration. The reorganization to be accomplished by the plan transmitted herewith will enable the Federal Government to organize for action against pollution on a river basin basis under the unified leadership of the Secretary of the Interior. After investigation, I have found and hereby declare that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have also found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of the reorganizations made thereby, provision for the membership of the Secretary of Health, Education, and Welfare on the Water Pollution Control Advisory Board and for the appointment and compensation of an additional Assistant Secretary of the Interior. The rate of compensation fixed for that officer is that which I have found to prevail in respect of comparable officers in the executive branch of the Government. The reorganizations provided for in the reorganization plan transmitted herewith will produce significant long-range savings and economies by reason of the efficiencies in organization and in the elimination of duplication of effort it will bring about. It is, however, impracticable to specify or itemize at this time the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations included in the reorganization plan. I recommend that the Congress allow the accompanying plan to become effective. Lyndon B. Johnson. The White House, February 28, 1966. ------DocID 9018 Document 872 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1967 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1967 -MISC1- Reorganization Plan No. 2 of 1967, which proposed to strengthen the operations of the Tariff Commission by transferring to its chairman certain routine executive and administrative functions, was submitted to Congress on March 9, 1967, and was disapproved by the Senate on May 15, 1967. ------DocID 9021 Document 873 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1968 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1968 -MISC1- EFF. JUNE 30, 1968, 33 F.R. 6965, 82 STAT. 1369, AS AMENDED PUB. L. 90-623, SEC. 7(D), OCT. 22, 1968, 82 STAT. 1316; PUB. L. 97-449, SEC. 7(B), JAN. 12, 1983, 96 STAT. 2445 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, February 26, 1968, pursuant to the provisions of chapter 9 of Title 5 of the United States Code. URBAN MASS TRANSPORTATION SECTION 1. TRANSFER OF FUNCTIONS (a) There are hereby transferred to the Secretary of Transportation: (1) The functions of the Secretary of Housing and Urban Development and the Department of Housing and Urban Development under the Urban Mass Transportation Act of 1964 (78 Stat. 302; 49 U.S.C. 1601-1611) (49 App. U.S.C. 1601 et seq.), except that there is reserved to the Secretary of Housing and Urban Development (i) the authority to make grants for or undertake such projects or activities under sections 6(a), 9, and 11 of that Act (49 U.S.C. 1605(a); 1607a; 1607c) (49 App. U.S.C. 1605(a); former 1607a; 1607c) as primarily concern the relationship of urban transportation systems to the comprehensively planned development of urban areas, or the role of transportation planning in overall urban planning, and (ii) so much of the functions under sections 3, 4, and 5 of the Act (49 U.S.C. 1602-1604) (49 App. U.S.C. 1602, 1603, 1604) as will enable the Secretary of Housing and Urban Development (A) to advise and assist the Secretary of Transportation in making findings and determinations under clause (1) of section 3(c), the first sentence of section 4(a), and clause (1) of section 5 of the Act, and (B) to establish jointly with the Secretary of Transportation the criteria referred to in the first sentence of section 4(a) of the Act. (2) Other functions of the Secretary of Housing and Urban Development, and functions of the Department of Housing and Urban Development or of any agency or officer thereof, all to the extent that they are incidental to or necessary for the performance of the functions transferred by section 1(a)(1) of this reorganization plan, including, to such extent, the functions of the Secretary of Housing and Urban Development and the Department of Housing and Urban Development under (i) title II of the Housing Amendments of 1955 (69 Stat. 642; 42 U.S.C. 1491-1497), insofar as functions thereunder involve assistance specifically authorized for mass transportation facilities or equipment, and (ii) title IV of the Housing and Urban Development Act of 1965 (79 Stat. 485; 42 U.S.C. 3071-3074). (3) The functions of the Department of Housing and Urban Development under section 3(b) of the Act of November 6, 1966 (P.L. 89-774; 80 Stat. 1352; 40 U.S.C. 672(b)). (b) Any reference in this reorganization plan to any provision of law shall be deemed to include, as may be appropriate, reference thereto as amended. SEC. 2. DELEGATION (Repealed. Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat. 2445. Section authorized the Secretary of Transportation to delegate any of the functions transferred to him by this reorganization plan to such officers and employees of the Department of Transportation as he designated, and authorized successive redelegations of such functions.) SEC. 3. URBAN MASS TRANSPORTATION ADMINISTRATION (Repealed. Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat. 2445. Section established within the Department of Transportation an Urban Mass Transportation Administration headed by an Urban Mass Transportation Administrator appointed by the President, by and with the advice and consent of the Senate, with the Administrator to perform such duties as the Secretary of Transportation would prescribe. Section had been amended by Pub. L. 90-623, Sec. 7(d), Oct. 22, 1968, 82 Stat. 1316, to render of no further effect provision setting the compensation of the Urban Mass Transportation Administrator at the rate provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314).) SEC. 4. INTERIM ADMINISTRATOR The President may authorize any person who immediately prior to the effective date of this reorganization plan holds a position in the executive branch of the government to act as Urban Mass Transportation Administrator until the office of Administrator is for the first time filled pursuant to the provisions of section 3(b) of this reorganization plan or by recess appointment, as the case may be. The person so designated shall be entitled to the compensation attached to the position he regularly holds. SEC. 5. INCIDENTAL TRANSFERS (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions transferred to the Secretary of Transportation by this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred from the Department of Housing and Urban Development to the Department of Transportation at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided for in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. SEC. 6. EFFECTIVE DATE The provisions of this reorganization plan shall take effect at the close of June 30, 1968, or at the time determined under the provisions of section 906(a) of title 5 of the United States Code, whichever is later. MESSAGE OF THE PRESIDENT To the Congress of the United States: As long as he has lived in cities, man has struggled with the problem of urban transportation. But: - Never before have these problems affected so many of our citizens. - Never before has transportation been so important to the development of our urban centers. - Never before have residents of urban areas faced a clearer choice concerning urban transportation - shall it dominate and restrict enjoyment of all the values of urban living, or shall it be shaped to bring convenience and efficiency to our citizens in urban areas. How America and its cities solve the transportation problem depends largely on our two newest Federal Departments - the Department of Transportation and the Department of Housing and Urban Development. - The Department of Housing and Urban Development is responsible for the character of all urban development. - The Department of Transportation is concerned specifically with all the modes of transportation and their efficient inter relationship. At present, responsibility for program assistance for urban highways and urban airports, and urban mass transportation is divided between the Department of Transportation and the Department of Housing and Urban Development. As a result: - Federal coordination of transportation systems assistance is more difficult that it need be. - Communities which have measured their own needs and developed comprehensive transportation proposals must deal with at least two federal agencies to carry out their programs. To combine efficiently the facilities and services necessary for our urban centers and to improve transportation within our cities, State and local government agencies should be able to look to a single federal agency for program assistance and support. The large future cost of transportation facilities and services to the Federal Government, to State and local governments, and to the transportation industry makes side investments and efficient transportation systems essential. An urban transportation system must: - combine a basic system of efficient, responsive mass transit with all other forms and systems of urban, regional, and inter-city transportation; - conform to and support balanced urban development. In this, my second reorganization plan of 1968, I ask the Congress to transfer urban mass transportation programs to the Secretary of Transportation and to establish an Urban Mass Transportation Administration within the Department of Transportation to strengthen the organizational capacity of the Federal Government to achieve these objectives. The plan transfers to and unifies in a new Urban Mass Transportation Administration in the Department of Transportation those functions which involve urban mass transportation project assistance and related research and development activities. Because urban research and planning and transportation research and planning are closely related, however, the plan provides that the Department of Housing and Urban Development perform an important role in connection with transportation research and planning insofar as they have significant impact on urban development. We expect the Department of Transportation to provide leadership in transportation policy and assistance. The Department of Housing and Urban Development will provide leadership in comprehensive planning at the local level that includes transportation planning and relates it to broader urban development objectives. The transfer of urban mass transportation programs will not diminish the overall responsibilities of the Department of Housing and Urban Development with respect to our cities. Rather, adequate authority is reserved to that Department to enable it to join with the Department of Transportation to assure that urban transportation develops as an integral component of the broader development of growing urban areas. The new Urban Mass Transportation Administration in the Department of Transportation, working with other elements of the Department, will consolidate and focus our efforts to develop and employ the most modern transportation technology in the solution of the transportation problems of our cities. The reorganization plan provides for an Administrator at the head of the Administration who would be appointed by the President, by and with the advice and consent of the Senate. The Administrator would report directly to the Secretary of Transportation and take his place in the Department with the heads of the Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration and the Coast Guard. I have found, after investigation, that each reorganization included in the reorganization plan transmitted herewith is necessary to accomplish one or more of the purposes set forth in section 901(a) of title 5 of the United States Code. I have also found that it is necessary to include in the accompanying plan, by reason of these reorganizations, provisions for the appointment and compensation of the new officer specified in section 3(b) of the plan. The rate of compensation fixed for this officer is comparable to those fixed for officers in the Executive Branch of the Government having similar responsibilities. The reorganizations included in this plan will provide more effective management of transportation programs. It is not feasible to itemize the reduction in expenditures which the plan will achieve, but I have no doubt that this reorganization will preserve and strengthen overall comprehensive planning for developing urban areas while simultaneously insuring more efficient transportation systems for our cities than would otherwise have occurred. I strongly urge that the Congress allow the reorganization plan to become effective. Lyndon B. Johnson. The White House, February 26, 1968. ------DocID 9026 Document 874 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1970 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1970 -MISC1- EFF. JULY 1, 1970, 35 F.R. 7959, 84 STAT. 2085, AS AMENDED PUB. L. 97-258, SEC. 5(B), SEPT. 13, 1982, 96 STAT. 1068, 1085 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress Assembled, March 12, 1970, Pursuant to the Provisions of Chapter 9 of Title 5 of the United States Code. OFFICE OF MANAGEMENT AND BUDGET; DOMESTIC COUNCIL PART I. OFFICE OF MANAGEMENT AND BUDGET SECTION 101. TRANSFER OF FUNCTIONS TO THE PRESIDENT There are hereby transferred to the President of the United States all functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget. SEC. 102. OFFICE OF MANAGEMENT AND BUDGET (Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085. Section designated the Bureau of the Budget as the Office of Management and Budget, provided for the officers and their duties, and provided for performance of the duties of the Director in the event of absence or disability or a vacancy in the office of Director. See 31 U.S.C. 501 et seq.) SEC. 103. RECORDS, PROPERTY, PERSONNEL, AND FUNDS (Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085. Section provided that the records, property, personnel, and unexpended balances etc., of the Bureau of the Budget shall become those of the Office of Management and Budget.) PART II. DOMESTIC COUNCIL SEC. 201. ESTABLISHMENT OF THE COUNCIL (a) There is hereby established in the Executive Office of the President a Domestic Council, hereinafter referred to as the Council. (b) The Council shall be composed of the following: The President of the United States The Vice President of the United States The Attorney General Secretary of Agriculture Secretary of Commerce Secretary of Health, Education, and Welfare Secretary of Housing and Urban Development Secretary of the Interior Secretary of Labor Secretary of Transportation Secretary of the Treasury and such other officers of the Executive Branch as the President may from time to time direct. (c) The President of the United States shall preside over meetings of the Council: Provided, That, in the event of his absence, he may designate a member of the Council to preside. SEC. 202. FUNCTIONS OF THE COUNCIL The Council shall perform such functions as the President may from time to time delegate or assign thereto. SEC. 203. EXECUTIVE DIRECTOR The staff of the Council shall be headed by an Executive Director who shall be an assistant to the President designated by the President. The Executive Director shall perform such functions as the President may from time to time direct. PART III. TAKING EFFECT SEC. 301. EFFECTIVE DATE The provisions of this reorganization plan shall take effect as provided by section 906(a) of title 5 of the United States Code, or on July 1, 1970, whichever is later. MESSAGE OF THE PRESIDENT To the Congress of the United States: We in government often are quick to call for reform in other institutions, but slow to reform ourselves. Yet nowhere today is modern management more needed than in government itself. In 1939, President Franklin D. Roosevelt proposed and the Congress accepted a reorganization plan that laid the groundwork for providing managerial assistance for a modern Presidency. The plan placed the Bureau of the Budget within the Executive Office of the President. It made available to the President direct access to important new management instruments. The purpose of the plan was to improve the administration of the Government - to ensure that the Government could perform 'promptly, effectively, without waste or lost motion.' Fulfilling that purpose today is far more difficult - and more important - than it was 30 years ago. Last April, I created a President's Advisory Council on Executive Organization and named to it a distinguished group of outstanding experts headed by Roy L. Ash. I gave the Council a broad charter to examine ways in which the Executive Branch could be better organized. I asked it to recommend specific organizational changes that would make the Executive Branch a more vigorous and more effective instrument for creating and carrying out the programs that are needed today. The Council quickly concluded that the place to begin was in the Executive Office of the President itself. I agree. The past 30 years have seen enormous changes in the size, structure and functions of the Federal Government. The budget has grown from less than $10 billion to $200 billion. The number of civilian employees has risen from one million to more than two and a half million. Four new Cabinet departments have been created, along with more than a score of independent agencies. Domestic policy issues have become increasingly complex. The interrelationships among Government programs have become more intricate. Yet the organization of the President's policy and management arms has not kept pace. Over three decades, the Executive Office of the President has mushroomed but not by conscious design. In many areas it does not provide the kind of staff assistance and support the President needs in order to deal with the problems of government in the 1970s. We confront the 1970s with a staff organization geared in large measure to the tasks of the 1940s and 1950s. One result, over the years, has been a tendency to enlarge the immediate White House staff - that is, the President's personal staff, as distinct from the institutional structure - to assist with management functions for which the President is responsible. This has blurred the distinction between personal staff and management institutions; it has left key management functions to be performed only intermittently and some not at all. It has perpetuated outdated structures. Another result has been, paradoxically, to inhibit the delegation of authority to Departments and agencies. A President whose programs are carefully coordinated, whose information system keeps him adequately informed, and whose organizational assignments are plainly set out, can delegate authority with security and confidence. A President whose office is deficient in these respects will be inclined, instead, to retain close control of operating responsibilities which he cannot and should not handle. Improving the management processes of the President's own office, therefore, is a key element in improving the management of the entire Executive Branch, and in strengthening the authority of its Departments and agencies. By providing the tools that are needed to reduce duplication, to monitor performance and to promote greater efficiency throughout the Executive Branch, this also will enable us to give the country not only more effective but also more economical government - which it deserves. To provide the management tools and policy mechanisms needed for the 1970s, I am today transmitting to the Congress Reorganization Plan No. 2 of 1970, prepared in accordance with Chapter 9 of Title 5 of the United States Code. This plan draws not only on the work of the Ash Council itself, but also on the work of others that preceded - including the pioneering Brownlow Committee of 1936, the two Hoover Commissions, the Rockefeller Committee, and other Presidential task forces. Essentially, the plan recognizes that two closely connected but basically separate functions both center in the President's office: policy determination and executive management. This involves (1) what government should do, and (2) how it goes about doing it. My proposed reorganization creates a new entity to deal with each of these functions: - It establishes a Domestic Council, to coordinate policy formulation in the domestic area. This Cabinet group would be provided with an institutional staff, and to a considerable degree would be a domestic counterpart to the National Security Council. - It establishes an Office of Management and Budget, which would be the President's principal arm for the exercise of his managerial functions. The Domestic Council will be primarily concerned with what we do; the Office of Management and Budget will be primarily concerned with how we do it, and how well we do it. DOMESTIC COUNCIL The past year's experience with the Council for Urban Affairs has shown how immensely valuable a Cabinet-level council can be as a forum for both discussion and action on policy matters that cut across departmental jurisdictions. The Domestic Council will be chaired by the President. Under the plan, its membership will include the Vice President, and the Secretaries of the Treasury, Interior, Agriculture, Commerce, Labor, Health, Education and Welfare, Housing and Urban Development, and Transportation, and the Attorney General. I also intend to designate as members the Director of the Office of Economic Opportunity and, while he remains a member of the Cabinet, the Postmaster General. (Although I continue to hope that the Congress will adopt my proposal to create, in place of the Post Office Department, a self-sufficient postal authority.) The President could add other Branch officials at his discretion. The Council will be supported by a staff under an Executive Director who will also be one of the President's assistants. Like the National Security Council staff, this staff will work in close coordination with the President's personal staff but will have its own institutional identity. By being established on a permanent, institutional basis, it will be designed to develop and employ the 'institutional memory' so essential if continuity is to be maintained, and if experience is to play its proper role in the policy-making process. There does not now exist an organized, institutionally-staffed group charged with advising the President on the total range of domestic policy. The Domestic Council will fill that need. Under the President's direction, it will also be charged with integrating the various aspects of domestic policy into a consistent whole. Among the specific policy functions in which I intend the Domestic Council to take the lead are these: - Assessing national needs, collecting information and developing forecasts, for the purpose of defining national goals and objectives. - Identifying alternative ways of achieving these objectives, and recommending consistent, integrated sets of policy choices. - Providing rapid response to Presidential needs for policy advice on pressing domestic issues. - Coordinating the establishment of national priorities for the allocation of available resources. - Maintaining a continuous review of the conduct of ongoing programs from a policy standpoint, and proposing reforms as needed. Much of the Council's work will be accomplished by temporary, ad hoc project committees. These might take a variety of forms, such as task forces, planning groups or advisory bodies. They can be established with varying degrees of formality, and can be set up to deal either with broad program areas or with specific problems. The committees will draw for staff support on Department and agency experts, supplemented by the Council's own staff and that of the Office of Management and Budget. Establishment of the Domestic Council draws on the experience gained during the past year with the Council for Urban Affairs, the Cabinet Committee on the Environment and the Council for Rural Affairs. The principal key to the operation of these Councils has been the effective functioning of their various subcommittees. The Councils themselves will be consolidated into the Domestic Council. Urban, Rural and Environment subcommittees of the Domestic Council will be strengthened, using access to the Domestic Council staff. Overall, the Domestic Council will provide the President with a streamlined, consolidated domestic policy arm, adequately staffed, and highly flexible in its operation. It also will provide a structure through which departmental initiatives can be more fully considered, and expert advice from the Departments and agencies more fully utilized. OFFICE OF MANAGEMENT AND BUDGET Under the reorganization plan, the technical and formal means by which the Office of Management and Budget is created is by re-designating the Bureau of the Budget as the Office of Management and Budget. The functions currently vested by law in the Bureau, or in its director, are transferred to the President, with the provision that he can then re-delegate them. As soon as the reorganization plan takes effect, I intend to delegate those statutory functions to the Director of the new Office of Management and Budget, including those under section 212 of the Budget and Accounting Act, 1921. However, creation of the Office of Management and Budget represents far more than a mere change of name for the Bureau of the Budget. It represents a basic change in concept and emphasis, reflecting the broader management needs of the Office of the President. The new Office will still perform the key function of assisting the President in the preparation of the annual Federal budget and overseeing its execution. It will draw upon the skills and experience of the extraordinarily able and dedicated career staff developed by the Bureau of the Budget. But preparation of the budget as such will no longer be its dominant, overriding concern. While the budget function remains a vital tool of management, it will be strengthened by the greater emphasis the new office will place on fiscal analysis. The budget function is only one of several important management tools that the President must now have. He must also have a substantially enhanced institutional staff capability in other areas of executive management - particularly in program evaluation and coordination, improvement of Executive Branch organization, information and management systems, and development of executive talent. Under this plan, strengthened capability in these areas will be provided partly through internal reorganization, and it will also require additional staff resources. The new Office of Management and Budget will place much greater emphasis on the evaluation of program performance: on assessing the extent to which programs are actually achieving their intended results, and delivering the intended services to the intended recipients. This is needed on a continuing basis, not as a one-time effort. Program evaluation will remain a function of the individual agencies as it is today. However, a single agency cannot fairly be expected to judge overall effectiveness in programs that cross agency lines - and the difference between agency and Presidential perspectives requires a capacity in the Executive Office to evaluate program performance whenever appropriate. The new Office will expand efforts to improve inter-agency cooperation in the field. Washington-based coordinators will help work out interagency problems at the operating level, and assist in developing efficient coordinating mechanisms throughout the country. The success of these efforts depends on the experience, persuasion and understanding of an Office which will be an expediter and catalyst. The Office will also respond to requests from State and local governments for assistance on intergovernmental programs. It will work closely with the Vice President and the Office of Intergovernmental Relations. Improvement of Government organization, information and management systems will be a major function of the Office of Management and Budget. It will maintain a continuous review of the organizational structures and management processes of the Executive Branch, and recommend needed changes. It will take the lead in developing new information systems to provide the President with the performance and other data that he needs but does not now get. When new programs are launched, it will seek to ensure that they are not simply forced into or grafted onto existing organizational structures that may not be appropriate. Resistance to organizational change is one of the chief obstacles to effective government; the new Office will seek to ensure that organization keeps abreast of program needs. The new Office will also take the lead in devising programs for the development of career executive talent throughout the Government. Not the least of the President's needs as Chief Executive is direct capability in the Executive Office for insuring that talented executives are used to the full extent of their abilities. Effective, coordinated efforts for executive manpower development have been hampered by the lack of a system for forecasting the needs for executive talent and appraising leadership potential. Both are crucial to the success of an enterprise - whether private or public. The Office of Management and Budget will be charged with advising the President on the development of new programs to recruit, train, motivate, deploy, and evaluate the men and women who make up the top ranks of the civil service, in the broadest sense of that term. It will not deal with individuals, but will rely on the talented professionals of the Civil Service Commission and the Departments and agencies themselves to administer these programs. Under the leadership of the Office of Management and Budget there will be joint efforts to see to it that all executive talent is well utilized wherever it may be needed throughout the Executive Branch, and to assure that executive training and motivation meet not only today's needs but those of the years ahead. Finally, the new Office will continue the Legislative Reference functions now performed by the Bureau of the Budget, drawing together agency reactions on all proposed legislation, and helping develop legislation to carry out the President's program. It also will continue the Bureau's work of improving and coordinating Federal statistical services. SIGNIFICANCE OF THE CHANGES The people deserve a more responsive and more effective Government. The times require it. These changes will help provide it. Each reorganization included in the plan which accompanies this message is necessary to accomplish one or more of the purposes set forth in Section 901(a) of Title 5 of the United States Code. In particular, the plan is responsive to Section 901(a)(1), 'to promote the better execution of the laws, the more effective management of the Executive Branch and of its agencies and functions, and the expeditious administration of the public business;' and Section 901(a)(3), 'to increase the efficiency of the operations of the Government to the fullest extent practicable.' The reorganizations provided for in this plan make necessary the appointment and compensation of new officers, as specified in Section 102(c) of the plan. The rates of compensation fixed for these officers are comparable to those fixed for other officers in the Executive Branch who have similar responsibilities. While this plan will result in a modest increase in direct expenditures, its strengthening of the Executive Office of the President will bring significant indirect savings, and at the same time will help ensure that people actually receive the return they deserve for every dollar the Government spends. The savings will result from the improved efficiency these changes will provide throughout the Executive Branch - and also from curtailing the waste that results when programs simply fail to achieve their objectives. It is not practical, however, to itemize or aggregate these indirect expenditure reductions which will result from the reorganization. I expect to follow with other reorganization plans, quite possibly including ones that will affect other activities of the Executive Office of the President. Our studies are continuing. But this by itself is a reorganization of major significance, and a key to the more effective functioning of the entire Executive Branch. These changes would provide an improved system of policy making and coordination, a strengthened capacity to perform those functions that are now the central concerns of the Bureau of the Budget, and a more effective set of management tools for the performance of other functions that have been rapidly increasing in importance. The reorganization will not only improve the staff resources available to the President, but will also strengthen the advisory roles of those members of the Cabinet principally concerned with domestic affairs. By providing a means of formulation integrated and systematic recommendations on major domestic policy issues, the plan serves not only the needs of the President but also the interests of the Congress. This reorganization plan is of major importance to the functioning of modern government. The national interest requires it. I urge that the Congress allow it to become effective. Richard Nixon. The White House, March 12, 1970. ------DocID 9031 Document 875 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1973 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1973 -MISC1- EFF. JULY 1, 1973, 38 F.R. 15932, 87 STAT. 1091, AS AMENDED PUB. L. 93-253, SEC. 1, MAR. 16, 1974, 88 STAT. 50 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 28, 1973, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. LAW ENFORCEMENT IN ILLICIT DRUG ACTIVITIES SECTION 1. TRANSFERS TO THE ATTORNEY GENERAL There are hereby transferred from the Secretary of the Treasury, the Department of the Treasury, and any other officer or any agency of the Department of the Treasury, to the Attorney General all intelligence, investigative, and law enforcement functions, vested by law in the Secretary, the Department, officers, or agencies which relate to the suppression of illicit traffic in narcotics, dangerous drugs, or marihuana, except that the Secretary shall retain, and continue to perform, those functions, to the extent that they relate to searches and seizures of illicit narcotics, dangerous drugs, or marihuana or to the apprehension or detention of persons in connection therewith, at regular inspection locations at ports of entry or anywhere along the land or water borders of the United States: Provided, that any illicit narcotics, dangerous drugs, marihuana, or related evidence seized, and any person apprehended or detained by the Secretary or any officer of the Department of the Treasury, pursuant to the authority retained in them by virtue of this section, shall be turned over forthwith to the jurisdiction of the Attorney General: Provided further, that nothing in this section shall be construed as limiting in any way any authority vested by law in the Secretary of the Treasury, the Department of the Treasury, or any other officer or any agency of that Department on the effective date of this Plan with respect to contraband other than illicit narcotics, dangerous drugs, and marihuana: and Provided further, that nothing in this section shall be construed as limiting in any way any authority the Attorney General, the Department of Justice, or any other officer or any agency of that Department may otherwise have to make investigations or engage in law enforcement activities, including activities relating to the suppression of illicit traffic in narcotics, dangerous drugs, and marihuana, at ports of entry or along the land and water borders of the United States. SEC. 2. TRANSFERS TO THE SECRETARY OF THE TREASURY (Repealed. Pub. L. 93-253, Sec. 1(a)(1), (b), Mar. 16, 1974, 88 Stat. 50, eff. July 1, 1973. Section had provided for transfer to Secretary of Treasury of functions vested in Attorney General, Department of Justice, or any other officer of such Department respecting inspection at ports of entry of persons, and documents of persons, entering or leaving the United States.) SEC. 3. ABOLITION The Bureau of Narcotics and Dangerous Drugs, including the Office of Director thereof, is hereby abolished, and section 3(a) of Reorganization Plan No. 1 of 1968 is hereby repealed. The Attorney General shall make such provision as he may deem necessary with respect to terminating those affairs of the Bureau of Narcotics and Dangerous Drugs not otherwise provided for in the Reorganization Plan. SEC. 4. DRUG ENFORCEMENT ADMINISTRATION There is established in the Department of Justice an agency which shall be known as the Drug Enforcement Administration, hereinafter referred to as 'the Administration.' SEC. 5. OFFICERS OF THE ADMINISTRATION (a) There shall be at the head of the Administration the Administrator of Drug Enforcement, hereinafter referred to as 'the Administrator.' The Administrator shall be appointed by the President by and with the advice and consent of the Senate, and shall receive compensation at the rate now or hereafter prescribed by law for positions of level III of the Executive Schedule Pay Rates (5 U.S.C. 5314). He shall perform such functions as the Attorney General shall from time to time direct. (b) There shall be in the Administration a Deputy Administrator of the Drug Enforcement Administration, hereinafter referred to as 'the Deputy Administrator,' who shall be appointed by the President by and with the advice and consent of the Senate, shall perform such functions as the Attorney General may from time to time direct, and shall receive compensation at the rate now or hereafter prescribed by law for positions of level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). (c) The Deputy Administrator or such other official of the Department of Justice as the Attorney General shall from time to time designate shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator. SEC. 6. PERFORMANCE OF TRANSFERRED FUNCTIONS The Attorney General may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this Reorganization Plan by any officer, employee, or agency of the Department of Justice. (Section, former subsec. (a) designation, and subsec. (b) providing for performance of functions transferred to Secretary of Treasury by any officer, employee, or agency of Treasury Department, repealed by Pub. L. 93-253, Sec. 1(a)(2), (b), Mar. 16, 1974, 88 Stat. 50, eff. July 1, 1973.) SEC. 7. COORDINATION The Attorney General, acting through the Administrator and such other officials of the Department of Justice as he may designate, shall provide for the coordination of all drug law enforcement functions vested in the Attorney General so as to assure maximum cooperation between and among the Administration, the Federal Bureau of Investigation, and other units of the Department involved in the performance of these and related functions. SEC. 8. INCIDENTAL TRANSFERS (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available or to be made available in connection with the functions transferred to the Attorney General by this Reorganization Plan as the Director of the Office of Management and Budget shall determine shall be transferred to the Department of Justice at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Director of the Office of Management and Budget shall deem to be necessary in order to effectuate transfers referred to in subsection (a) of this section shall be carried out in such manner as he shall direct and by such Federal agencies as he shall designate. SEC. 9. INTERIM OFFICERS (a) The President may authorize any person who, immediately prior to the effective date of this Reorganization Plan, held a position in the Executive Branch of the Government to act as Administrator until the office of Administrator is for the first time filled pursuant to the provisions of this Reorganization Plan or by recess appointment as the case may be. (b) The President may similarly authorize any such person to act as Deputy Administrator. (c) The President may authorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office in respect to which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled. SEC. 10. EFFECTIVE DATE The provisions of this Reorganization Plan shall take effect as provided by section 906(a) of title 5 of the United States Code or on July 1, 1973, whichever is later. MESSAGE OF THE PRESIDENT To the Congress of the United States: Drug abuse is one of the most vicious and corrosive forces attacking the foundations of American society today. It is a major cause of crime and a merciless destroyer of human lives. We must fight it with all of the resources at our command. This Administration has declared all-out, global war on the drug menace. As I reported to the Congress earlier this month in my State of the Union message, there is evidence of significant progress on a number of fronts in that war. Both the rate of new addiction to heroin and the number of narcotic-related deaths showed an encouraging downturn last year. More drug addicts and abusers are in treatment and rehabilitation programs than ever before. Progress in pinching off the supply of illicit drugs was evident in last year's stepped-up volume of drug seizures worldwide - which more than doubled in 1972 over the 1971 level. Arrests of traffickers have risen by more than one-third since 1971. Prompt Congressional action on my proposal for mandatory minimum sentences for pushers of hard drugs will help ensure that convictions stemming from such arrests lead to actual imprisonment of the guilty. Notwithstanding these gains, much more must be done. The resiliance of the international drug trade remains grimly impressive - current estimates suggest that we still intercept only a small fraction of all the heroin and cocaine entering this country. Local police still find that more than one of every three suspects arrested for street crimes is a narcotic abuser or addict. And the total number of Americans addicted to narcotics, suffering terribly themselves and inflicting their suffering on countless others, still stands in the hundreds of thousands. A UNIFIED COMMAND FOR DRUG ENFORCEMENT Seeking ways to intensify our counter-offensive against this menace, I am asking the Congress today to join with this Administration in strengthening and streamlining the Federal drug law enforcement effort. Funding for this effort has increased sevenfold during the past five years, from $36 million in fiscal year 1969 to $257 million in fiscal year 1974 - more money is not the most pressing enforcement need at present. Nor is there a primary need for more manpower working on the problem, over 2100 new agents having already been added to the Federal drug enforcement agencies under this Administration, an increase of more than 250 percent over the 1969 level. The enforcement work could benefit significantly, however, from consolidation of our anti-drug forces under a single unified command. Right now the Federal Government is fighting the war on drug abuse under a distinct handicap, for its efforts are those of a loosely confederated alliance facing a resourceful, elusive, worldwide enemy. Admiral Mahan, the master naval strategist, described this handicap precisely when he wrote that 'Granting the same aggregate of force, it is never as great in two hands as in one, because it is not perfectly concentrated.' More specifically, the drug law enforcement activities of the United States now are not merely in two hands but in half a dozen. Within the Department of Justice, with no overall direction below the level of the Attorney General, these fragmented forces include the Bureau of Narcotics and Dangerous Drugs, the Office for Drug Abuse Law Enforcement, the Office of National Narcotics Intelligence, and certain activities of the Law Enforcement Assistance Administration. The Treasury Department is also heavily engaged in enforcement work through the Bureau of Customs. This aggregation of Federal activities has grown up rapidly over the past few years in response to the urgent need for stronger anti-drug measures. It has enabled us to make a very encouraging beginning in the accelerated drug enforcement drive of this Administration. But it also has serious operational and organizational shortcomings. Certainly the cold-blooded underworld networks that funnel narcotics from suppliers all over the world into the veins of American drug victims are no respecters of the bureaucratic dividing lines that now complicate our anti-drug efforts. On the contrary, these modern-day slave traders can derive only advantage from the limitations of the existing organizational patchwork. Experience has now given us a good basis for correcting those limitations, and it is time to do so. I therefore propose creation of a single, comprehensive Federal agency within the Department of Justice to lead the war against illicit drug traffic. Reorganization Plan No. 2 of 1973, which I am transmitting to the Congress with this message, would establish such an agency, to be called the Drug Enforcement Administration. It would be headed by an Administrator reporting directly to the Attorney General. The Drug Enforcement Administration would carry out the following anti-drug functions, and would absorb the associated manpower and budgets: - All functions of the Bureau of Narcotics and Dangerous Drugs (which would be abolished as a separate entity by the reorganization plan); - Those functions of the Bureau of Customs pertaining to drug investigations and intelligence (to be transferred from the Treasury Department to the Attorney General by the reorganization plan); - All functions of the Office for Drug Abuse Law Enforcement; and - All functions of the Office of National Narcotics Intelligence. Merger of the latter two organizations into the new agency would be effected by an executive order dissolving them and transferring their functions, to take effect upon approval of Reorganization Plan No. 2 by the Congress. Drug law enforcement research currently funded by the Law Enforcement Assistance Administration and other agencies would also be transferred to the new agency by executive action. The major responsibilities of the Drug Enforcement Administration would thus include: - development of overall Federal drug law enforcement strategy, programs, planning, and evaluation; - full investigation and preparation for prosecution of suspects for violations under all Federal drug trafficking laws; - full investigation and preparation for prosecution of suspects connected with illicit drugs seized at U.S. ports-of-entry and international borders; - conduct of all relations with drug law enforcement officials of foreign governments, under the policy guidance of the Cabinet Committee on International Narcotics Control; - full coordination and cooperation with State and local law enforcement officials on joint drug enforcement efforts; and - regulation of the legal manufacture of drugs and other controlled substances under Federal regulations. The Attorney General, working closely with the Administrator of this new agency, would have authority to make needed program adjustments. He would take steps within the Department of Justice to ensure that high priority emphasis is placed on the prosecution and sentencing of drug traffickers following their apprehension by the enforcement organization. He would also have the authority and responsibility for securing the fullest possible cooperation - particularly with respect to collection of drug intelligence - from all Federal departments and agencies which can contribute to the anti-drug work, including the Internal Revenue Service and the Federal Bureau of Investigation. My proposals would make possible a more effective anti-drug role for the FBI, especially in dealing with the relationship between drug trafficking and organized crime. I intend to see that the resources of the FBI are fully committed to assist in supporting the new Drug Enforcement Administration. The consolidation effected under Reorganization Plan No. 2 would reinforce the basic law enforcement and criminal justice mission of the Department of Justice. With worldwide drug law enforcement responsibilities no longer divided among several organizations in two different Cabinet departments, more complete and cumulative drug law enforcement intelligence could be compiled. Patterns of international and domestic illicit drug production, distribution, and sale could be more directly compared and interpreted. Case-by-case drug law enforcement activities could be more comprehensively linked, cross-referenced, and coordinated into a single, organic enforcement operation. In short, drug law enforcement officers would be able to spend more time going after the traffickers and less time coordinating with one another. Such progress could be especially helpful on the international front. Narcotics control action plans, developed under the leadership of the Cabinet Committee on International Narcotics Control, are now being carried out by U.S. officials in cooperation with host governments in 59 countries around the world. This wide-ranging effort to cut off drug supplies before they ever reach U.S. borders or streets is just now beginning to bear fruit. We can enhance its effectiveness, with little disruption of ongoing enforcement activities, by merging both the highly effective narcotics force of overseas Customs agents and the rapidly developing international activities of the Bureau of Narcotics and Dangerous Drugs into the Drug Enforcement Administration. The new agency would work closely with the Cabinet Committee under the active leadership of the U.S. Ambassador in each country where anti-drug programs are underway. Two years ago, when I established the Special Action Office for Drug Abuse Prevention within the Executive Office of the President, we gained an organization with the necessary resources, breadth, and leadership capacity to begin dealing decisively with the 'demand' side of the drug abuse problem - treatment and rehabilitation for those who have been drug victims, and preventive programs for potential drug abusers. This year, by permitting my reorganization proposals to take effect, the Congress can help provide a similar capability on the 'supply' side. The proposed Drug Enforcement Administration, working as a team with the Special Action Office, would arm Americans with a potent one-two punch to help us fight back against the deadly menace of drug abuse. I ask full Congressional cooperation in its establishment. IMPROVING PORT-OF-ENTRY INSPECTIONS No heroin or cocaine is produced within the United States; domestic availability of these substances results solely from their illegal importation. The careful and complete inspection of all persons and goods coming into the United States is therefore an integral part of effective Federal drug law enforcement. At the present time, however, Federal responsibility for conducting port-of-entry inspections is awkwardly divided among several Cabinet departments. The principal agencies involved are the Treasury Department's Bureau of Customs, which inspects goods, and the Justice Department's Immigration and Naturalization Service, which inspects persons and their papers. The two utilize separate inspection procedures, hold differing views of inspection priorities, and employ dissimilar personnel management practices. To reduce the possibility that illicit drugs will escape detection at ports-of-entry because of divided responsibility, and to enhance the effectiveness of the Drug Enforcement Administration, the reorganization plan which I am proposing today would transfer to the Secretary of the Treasury all functions currently vested in Justice Department officials to inspect persons, or the documents of persons. When the plan takes effect, it is my intention to direct the Secretary of the Treasury to use the resources so transferred - including some 1,000 employees of the Immigration and Naturalization Service - to augment the staff and budget of the Bureau of Customs. The Bureau's primary responsibilities would then include: - inspection of all persons and goods entering the United States; - valuation of goods being imported, and assessment of appropriate tariff duties; - interception of contraband being smuggled into the United States; - enforcement of U.S. laws governing the international movement of goods, except the investigation of contraband drugs and narcotics; and - turning over the investigation responsibility for all drug law enforcement cases to the Department of Justice. The reorganization would thus group most port-of-entry inspection functions in a single Cabinet department. It would reduce the need for much day-to-day interdepartmental coordination, allow more efficient staffing at some field locations, and remove the basis for damaging inter-agency rivalries. It would also give the Secretary of the Treasury the authority and flexibility to meet changing requirements in inspecting the international flow of people and goods. An important by-product of the change would be more convenient service for travellers entering and leaving the country. For these reasons, I am convinced that inspection activities at U.S. ports-of-entry can more effectively support our drug law enforcement efforts if concentrated in a single agency. The processing of persons at ports-of-entry is too closely interrelated with the inspection of goods to remain organizationally separated from it any longer. Both types of inspections have numerous objectives besides drug law enforcement, so it is logical to vest them in the Treasury Department, which has long had the principal responsibility for port-of-entry inspection of goods, including goods being transported in connection with persons. As long as the inspections are conducted with full awareness of related drug concerns it is neither necessary nor desirable that they be made a responsibility of the primary drug enforcement organization. DECLARATIONS After investigation, I have found that each action included in Reorganization Plan No. 2 of 1973 is necessary to accomplish one or more of the purposes set forth in Section 901(a) of Title 5 of the United States Code. In particular, the plan is responsive to the intention of the Congress as expressed in Section 901(a)(1): 'to promote better execution of the laws, more effective management of the executive branch and of its agencies and functions, and expeditious administration of the public business;' Section 901(a)(3): 'to increase the efficiency of the operations of the Government to the fullest extent practicable;' Section 901(a)(5): 'to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions as may not be necessary for the efficient conduct of the Government;' and Section 901(a)(6): 'to eliminate overlapping and duplication of effort.' As required by law, the plan has one logically consistent subject matter: consolidation of Federal drug law enforcement activities in a manner designed to increase their effectiveness. The plan would establish in the Department of Justice a new Administration designated as the Drug Enforcement Administration. The reorganizations provided for in the plan make necessary the appointment and compensation of new officers as specified in Section 5 of the plan. The rates of compensation fixed for these officers would be comparable to those fixed for officers in the executive branch who have similar responsibilities. While it is not practicable to specify all of the expenditure reductions and other economies which may result from the actions proposed, some savings may be anticipated in administrative costs now associated with the functions being transferred and consolidated. The proposed reorganization is a necessary step in upgrading the effectiveness of our Nation's drug law enforcement effort. Both of the proposed changes would build on the strengths of established agencies, yielding maximum gains in the battle against drug abuse with minimum loss of time and momentum in the transition. I am confident that this reorganization plan would significantly increase the overall efficiency and effectiveness of the Federal Government. I urge the Congress to allow it to become effective. Richard Nixon. The White House, March 28, 1973. ------DocID 9033 Document 876 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1977 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1977 -MISC1- 42 F.R. 62461, 91 STAT. 1636, AS AMENDED PUB. L. 101-246, TITLE II, SEC. 204(C), FEB. 16, 1990, 104 STAT. 50 Prepared by the President and transmitted to the Senate and House of Representatives in Congress assembled, October 11, 1977, (FOOTNOTE 1) pursuant to the provisions of chapter 9 of title 5 of the United States Code. (FOOTNOTE 2) (FOOTNOTE 1) Actually transmitted Oct. 12, 1977. (FOOTNOTE 2) As amended Nov. 1, 1977, and Nov. 3, 1977. INTERNATIONAL COMMUNICATION AGENCY SECTION 1. ESTABLISHMENT OF THE INTERNATIONAL COMMUNICATION AGENCY There is hereby established in the executive branch an agency to be known as the International Communication Agency (the 'Agency'). SEC. 2. DIRECTOR The Agency shall be headed by a Director (the 'Director'), who shall serve as the principal advisor to the President, the National Security Council, and the Secretary of State on the functions vested in the Director. The Director shall report to the President and the Secretary of State. Under the direction of the Secretary of State, the Director shall have primary responsibility within the Government for the exercise of the functions vested in the Director. The Director shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to receive compensation at the rate now or hereafter prescribed by law for Level II of the Executive Schedule (5 U.S.C. 5313). SEC. 3. DEPUTY DIRECTOR A Deputy Director shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall act for, and exercise the powers of, the Director during the Director's absence or disability or during a vacancy in said office and, in addition, shall perform such duties and exercise such powers as the Director may from time to time prescribe. The Deputy Director shall be entitled to receive compensation at the rate now or hereafter prescribed by law for Level III of the Executive Schedule (5 U.S.C. 5314). SEC. 4. ASSOCIATE DIRECTORS The President, by and with the advice and consent of the Senate, may appoint four Associate Directors, who shall perform such duties and exercise such powers as the Director may from time to time prescribe. One Associate Director shall be known as the Associate Director for Educational and Cultural Affairs and one Associate Director shall be known as the Associate Director for Broadcasting. Each Associate Director shall be entitled to receive compensation at the rate now or hereafter prescribed by law for Level IV of the Executive Schedule (5 U.S.C. 5315). SEC. 5. PERFORMANCE OF FUNCTIONS The Director may establish within the Agency bureaus, offices, divisions and other units. The Director may from time to time make provision for the performance of any function of the Director by any officer, employee or unit of the Agency. SEC. 6. NEGOTIATIONS (a) Under the direction of the Secretary of State, the Director shall prepare for, manage and conduct negotiations with representatives of foreign states or international organizations on matters for which responsibility is vested in the Director or in the Agency. (b) For the purpose of conducting such negotiations, or for the purpose of exercising any other authority vested in the Director or in the Agency, the Director may (1) consult and communicate with or direct the consultation and communication with representatives of other nations or of international organizations; and (2) communicate in the name of the Secretary of State with diplomatic representatives of the United States in this country and abroad. SEC. 7. TRANSFER OF FUNCTIONS (a) There are hereby transferred to the Director all functions vested in the President, the Secretary of State, the Department of State, the Director of the United States Information Agency, and the United States Information Agency pursuant to the following: (1) the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1431-1479), except to the extent that any function in sections 302, 401, or 602 (22 U.S.C. 1452, 1456, or 1467) is vested in the President; (2) the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451-2458a), except for: (A) such functions as are vested by sections 102(b)(6), 102(b)(10), 104(a), 104(e)(1), 104(e)(2), 104(f), 104(g), 105(a), 105(b), 105(c), 106(a), 108 (22 U.S.C. 2452(b)(6), (b)(10), 2454(a), (e)(1), (2), (f), (g), 2455(a), (b), (c), 2456(a), 2458); (B) to the extent that such functions were assigned to the Secretary of Health, Education and Welfare immediately prior to the effective date of this Reorganization Plan, sections 104(b), 105(d)(2), 105(f), 106(d), and 106(f) (22 U.S.C. 2454(b), 2455(d)(2), (f), 2456(d), (f)); and (C) to the extent that any function therein is vested in the President or the Secretary of State, sections 106(b) and 106(c) (22 U.S.C. 2456(b), (c)). (3) Public Law 90-494 (22 U.S.C. 929-932, 1221-1234), to the extent that such functions are vested in the Director of the United States Information Agency; (4) Sections 522(3), 692(1), and 803(a)(4) of the Foreign Service Act of 1946, as amended (22 U.S.C. 922(3), 1037a(1), and 1063(a)(4)), to the extent such functions are vested in the Director of the United States Information Agency or in the United States Information Agency. (5) Section 4 of the United States Information Agency Appropriations Authorization Act of 1973, Public Law 93-168 (Nov. 29, 1973, 87 Stat. 689); (6)(A) Sections 107(b), 204 and 205 of the Foreign Relations Authorization Act, Fiscal Year 1978, Public Law 95-105, 91 Stat. 844 (Aug. 17, 1977); and (B) to the extent such functions are vested in the Director of the United States Information Agency, section 203 of the Act; (7) the Center for Cultural and Technical Interchange Between East and West Act of 1960 (22 U.S.C. 2054-2057); (8) Sections 101(a)(15)(J) and 212(e) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J), 1182(e)); (9) Section 2(a)(1) of Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note); (10) Section 3(a) of the Arts and Artifacts Indemnity Act (20 U.S.C. 972(a)); (11) Section 7 of the Act of June 15, 1951, c. 138, 65 Stat. 71 (50 U.S.C. App. 2316); (12) Section 9(b) of the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 958(b)), to the extent that such functions are vested in the Secretary of State; (13) Section 112(a) of the Higher Education Act of 1965 (20 U.S.C. 1009(a)), to the extent such functions are vested in the Department of State; (14) Section 3(b)(1) of the Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f(b)(1)); (15) Section 201 of Public Law 89-665, as amended by section 201(5) of Public Law 94-422 (16 U.S.C. 470i(a)(9)); (16) The third proviso in the twenty-third unnumbered paragraph of title V of Public Law 95-86 (headed 'UNITED STATES INFORMATION AGENCY, SALARIES AND EXPENSES'), 91 Stat. 440-41 (Aug. 2, 1977); (17) The twentieth unnumbered paragraph of title I of Public Law 95-86 (headed 'CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST AND WEST'), 91 Stat. 424; (18) Sections 4(d)(1)(F), 4(f)(1)(F), 4(g)(1)(F), and 4(h)(1)(F) of the Foreign Service Buildings Act, 1926, as amended (22 U.S.C. 295(d)(1)(F), 295(f)(1)(F), 295(g)(1)(F), and 295(h)(1)(F)); and (19) Sections 1, 2, and 3 of the Act of July 9, 1949, c. 301, 63 Stat. 408 (22 U.S.C. 2681-2683). (b) There are hereby transferred to the Director all functions vested in the Assistant Secretary of State for Public Affairs pursuant to Section 2(a) of the John F. Kennedy Center Act (20 U.S.C. 76h(a)). (c) The Director shall insure that the scholarly integrity and nonpolitical character of educational and cultural exchange activities vested in the Director are maintained. SEC. 8. ESTABLISHMENT OF THE UNITED STATES ADVISORY COMMISSION ON INTERNATIONAL COMMUNICATION, CULTURAL AND EDUCATIONAL AFFAIRS (a) There is hereby established an advisory commission, to be known as the United States Advisory Commission on International Communication, Cultural and Educational Affairs (the 'Commission') (the United States Advisory Commission on Public Diplomacy). The Commission shall consist of seven members who shall be appointed by the President, by and with the advice and consent of the Senate. The members of the Commission shall represent the public interest and shall be selected from the cross section of educational, communications, cultural, scientific, technical, public service, labor and business and professional backgrounds. Not more than four members shall be from any one political party. The term of each member shall be three years except that of the original seven appointments, two shall be for a term of one year and two shall be for a term of two years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of such term. Upon the expiration of a member's term of office, such member may continue to serve until a successor is appointed and has qualified. The President shall designate a member to chair the Commission. (b) The functions now vested in the United States Advisory Commission on Information and in the United States Advisory Commission on International Educational and Cultural Affairs under sections 601 through 603 and 801(6) of the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1466-1468, 1471(6)), and under sections 106(b) and 107 of the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2456(b), 2457), respectively, are hereby consolidated and vested in the Commission, as follows: The Commission shall formulate and recommend to the Director, the Secretary of State, and the President policies and programs to carry out the functions vested in the Director or the Agency, and shall appraise the effectiveness of policies and programs of the Agency. The Commission shall submit to the Congress, the President, the Secretary of State and the Director annual reports on programs and activities carried on by the Agency, including appraisals, where feasible, as to the effectiveness of the several programs. The Commission shall also include in such reports such recommendations as shall have been made by the Commission to the Director for effectuating the purposes of the Agency, and the action taken to carry out such recommendations. The Commission may also submit such other reports to the Congress as it deems appropriate, and shall make reports to the public in the United States and abroad to develop a better understanding of and support for the programs conducted by the Agency. The Commission's reports to the Congress shall include assessments of the degree to which the scholarly integrity and nonpolitical character of the educational and cultural exchange activities vested in the Director have been maintained, and assessments of the attitudes of foreign scholars and governments regarding such activities. (c) The Commission shall have no authority with respect to the J. William Fulbright Foreign Scholarship Board or the United States National Commission for UNESCO. (As amended Pub. L. 101-246, title II, Sec. 204(c), Feb. 16, 1990, 104 Stat. 50.) (Any provisions of section 8 of Reorg. Plan No. 2 of 1977 inconsistent with 22 U.S.C. 1469 to no longer have legal effect on Jan. 20, 1989, and prohibition limiting membership of individuals from same political party is repealed, see 22 U.S.C. 1469(d).) (United States Advisory Commission on International Communication, Cultural and Educational Affairs was redesignated the United States Advisory Commission on Public Diplomacy by 22 U.S.C. 1469.) SEC. 9. ABOLITIONS AND SUPERSESSIONS (a) The following are hereby abolished: (1) The United States Information Agency, including the offices of Director, Deputy Director, Deputy Director (Policy and Plans) (5 U.S.C. 5316(67)), Associate Director (Policy and Plans) (5 U.S.C. 5316(103)), and additional offices created by section 1(d) of Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note), of the United States Information Agency, provided that, pending the initial appointment of the Director, Deputy Director and Associate Directors of the Agency their functions shall be performed temporarily, but not for a period in excess of sixty (60) days, by such officers of the Department of State or of the United States Information Agency as the President shall designate; (2) One of the offices of Assistant Secretary of State provided for in section 1 of the Act of May 26, 1949, c. 143, 63 Stat. 111, as amended (22 U.S.C. 2652), and in section 5315(22) of title 5 of the United States Code; (3) The United States Advisory Commission on International Educational and Cultural Affairs (22 U.S.C. 2456(b)); (4) The United States Advisory Commission on Information (22 U.S.C. 1466-1468); (5) All functions vested in or related to the United States Advisory Commission on International Educational and Cultural Affairs and the United States Advisory Commission on Information that are not transferred to the Director by section 7 or consolidated in the Commission by section 8 of this Reorganization Plan; (6) The Advisory Committee on the Arts, all functions thereof, and all functions relating thereto (22 U.S.C. 2456(c)); and (7) The functions vested in the Secretary of State by section 3(e) of the Act of August 1, 1956, c. 841, 70 Stat. 890 (22 U.S.C. 2670(e)). (b) Sections 1, 2(a)(2), 2(b), 2(c)(3), 3, 4, and 5 of Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note) are hereby superseded. SEC. 10. OTHER TRANSFERS So much of the personnel, property, records, and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions transferred or consolidated by this Reorganization Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate department, agency, or commission at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of all agencies, commissions, and offices abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganization Plan. SEC. 11. EFFECTIVE DATE This Reorganization Plan shall become effective at such time or times, on or before July 1, 1978, as the President shall specify, but not sooner than the earliest time allowable under section 906 of title 5 of the United States Code. (Pursuant to Ex. Ord. No. 12048, Mar. 27, 1978, 43 F.R. 13361, this Reorg. Plan is effective July 1, 1978.) (The International Communication Agency was redesignated the United States Information Agency and the Director or any other official of the International Communication Agency redesignated as Director or other official, as appropriate, of the United States Information Agency, see section 303 of Pub. L. 97-241, Title III, Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461 of Title 22, Foreign Relations and Intercourse.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 2 of 1977 to consolidate certain international communication, educational and cultural, and broadcasting activities of the United States Government. I am acting under the authority vested in me by the Reorganization Act, chapter 9 of title 5 of the United States Code. I am also acting pursuant to section 501 of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95-105) (Aug. 17, 1977, 91 Stat. 857), which provides that my recommendations for reorganizing these activities be transmitted by October 31, 1977. This reorganization will consolidate into a new agency, to be known as the Agency for International Communication, the functions now exercised by the State Department's Bureau of Educational and Cultural Affairs and the United States Information Agency. The principal aspects of this proposal are: - The new agency will take over USIA's international communications programs (including the Voice of America) and the international educational and cultural exchange activities now conducted by the Bureau of Educational and Cultural Affairs. - The agency's Director will be the principal advisor on international information and exchange activities to the President, the National Security Council, and the Secretary of State. Under the direction of the Secretary of State, the Director will have primary responsibility within the Government for the conduct of such activities. The Director, the Deputy Director and the Associate Directors of the new agency will be confirmed by the Senate. - The two commissions that now advise USIA and the Bureau of Educational and Cultural Affairs will be combined into a single seven-member commission. Members of this nonpartisan commission will be chosen from fields related to the agency's mission. The commissioners will be appointed by the President and confirmed by the Senate. The purpose of this reorganization is to broaden our informational, educational and cultural intercourse with the world, since this is the major means by which our government can inform others about our country, and inform ourselves about the rest of the world. The new Agency for International Communication will play a central role in building these two-way bridges of understanding between our people and the other peoples of the world. Only by knowing and understanding each other's experiences can we find common ground on which we can examine and resolve our differences. The new agency will have two distinct but related goals: To tell the world about our society and policies - in particular our commitment to cultural diversity and individual liberty. To tell ourselves about the world, so as to enrich our own culture as well as to give us the understanding to deal effectively with problems among nations. As the world becomes more and more interdependent, such mutual understanding becomes increasingly vital. The aim of this reorganization, therefore, is a more effective dialogue among peoples of the earth. Americans - mostly immigrants or the descendants of immigrants - are particularly well suited to enter into such an undertaking. We have already learned much from those who have brought differing values, perspectives and experiences to our shores. And we must continue to learn. Thus the new agency will lay heavy emphasis on listening to others, so as to learn something of their motivations and aspirations, their histories and cultures. Several principles guided me in shaping this reorganization plan. Among the most important were: - Maintaining the integrity of the educational and cultural exchange programs is imperative. To this end, the plan retains the Board of Foreign Scholarships, whose strong leadership has done so much to insure the high quality of the educational exchange program. In addition, I intend to nominate an Associate Director who will be responsible for the administration and supervision of educational and cultural functions consolidated in the new Agency. The responsibilities presently exercised by the Department of State in relation to the Center for Technical and Cultural Interchange Between East and West, Inc., will be transferred to the new agency without alteration. - Keeping the Voice of America's news gathering and reporting functions independent and objective. The Voice's charter, enacted into law in 1976, provides that 'VOA news will be accurate, objective, and comprehensive'; that VOA will 'present a balanced and comprehensive projection of significant American thought and institutions'; and that VOA will present U.S. policies 'clearly and effectively, and will also present responsible discussion and opinion on these policies.' Under this Administration, VOA will be solely responsible for the content of news broadcasts - for there is no more valued coin than candor in the international marketplace of ideas. I also plan to nominate an Associate Director who will be responsible for the administration and supervision of the Voice of America. - The new agency's activities must be straightforward, open, candid, balanced, and representative. They will not be given over to the advancement of the views of any one group, any one party or any one Administration. The agency must not operate in a covert, manipulative or propagandistic way. - Rights of U.S. Information Agency and State Department employees must be respected. In the new agency, their career achievements will be recognized and the best possible use made of their professional skills and abilities. The Director of the new agency will assess and advise on the impact on worldwide public opinion of American foreign policy decisions. The Agency will coordinate the international information, educational, cultural and exchange programs conducted by the U.S. Government and will be a governmental focal point for private U.S. international exchange programs. It will also play a leading role within the U.S. Government in our efforts to remove barriers to the international exchange of ideas and information. It is not practicable to specify all of the expenditure reductions and other economies that will result from the proposed reorganization, and therefore I do not do so. The reorganization will result in greater efficiency by unifying in Washington the management of programs which are already administered in a consolidated manner in the field. For example, field officers will no longer report to two separate sets of supervisors and headquarters at home. This plan abolishes the functions of the Advisory Committee on the Arts authorized by section 106(c) of the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2456(c)). Also abolished, as a result of the consolidation of certain functions of the United States Advisory Commission on Information and the United States Advisory Commission on International Educational and Cultural Affairs in the United States Advisory Commission on International Communication, Cultural and Educational Affairs, are the functions authorized by section 603 of the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1468) (requiring submission by the United States Advisory Commission on Information of a quarterly report to the Director of USIA and a semiannual report to the Congress). The new commission will report annually and at such other times as it deems appropriate (as does the existing Advisory Commission on International Educational and Cultural Affairs). Since appointments of all members of the new commission will be on a nonpartisan basis, as has been the case with the Advisory Commission on International Educational and Cultural Affairs, the requirement of section 602(a) of the U.S. Information and Educational Exchange Act (22 U.S.C. 1467(a)) that not more than three members of the Advisory Commission on Information shall be of the same political party is abolished. Various obsolete or superseded functions under Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note), which created the USIA, are superseded by this plan. Finally, the Plan abolishes a provision authorizing the Secretary of State to pay the expenses of transporting the bodies of participants in exchange programs who die away from home, since State no longer will conduct such programs (22 U.S.C. 2670(e)). All functions abolished by the reorganization are done so in compliance with section 903(b) of title 5 of the United States Code. After investigation, I have found that this reorganization is necessary to carry out the policy set forth in section 901(a) of title 5 of the United States Code. The provisions in this Plan for the appointment and pay of the Director, Deputy Director, and Associate Directors of the Agency have been found by me to be necessary by reason of the reorganization made by the plan and are at a rate applicable to comparable officers in the executive branch. In presenting this plan, I ask the support of Congress to strengthen and simplify the machinery by which we carry out these important functions of the United States Government. Such action will make us better able to project the great variety and vitality of American life to those abroad, and to enrich our own lives with a fuller knowledge of the vitality and variety of other societies. The new Agency for International Communication will help us demonstrate 'a decent respect for the opinions of mankind,' and to deal intelligently with a world awakening to a new spirit of freedom. Jimmy Carter. The White House, October 11, 1977. ------DocID 9035 Document 877 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1978 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1978 -MISC1- 43 F.R. 36037, 92 STAT. 3783 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 23, 1978, (FOOTNOTE 1) pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. (FOOTNOTE 1) As amended July 11, 1978. PART I. OFFICE OF PERSONNEL MANAGEMENT SECTION 101. ESTABLISHMENT OF THE OFFICE OF PERSONNEL MANAGEMENT AND ITS DIRECTOR AND OTHER MATTERS There is hereby established as an independent establishment in the Executive Branch, the Office of Personnel Management (the 'Office'). The head of the Office shall be the Director of the Office of Personnel Management (the 'Director'), who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter provided for level II of the Executive Schedule (5 U.S.C. 5313). The position referred to in 5 U.S.C. 5109(b) is hereby abolished. SEC. 102. TRANSFER OF FUNCTIONS Except as otherwise specified in this Plan, all functions vested by statute in the United States Civil Service Commission, or the Chairman of said Commission, or the Boards of Examiners established by 5 U.S.C. 1105 are hereby transferred to the Director of the Office of Personnel Management. SEC. 103. DEPUTY DIRECTOR AND ASSOCIATE DIRECTORS (a) There shall be within the Office a Deputy Director who shall be appointed by the President by and with the advice and consent of the Senate and who shall be compensated at the rate now or hereafter provided for level III of the Executive Schedule (5 U.S.C. 5314). The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or in the event of a vacancy in the Office of the Director. (b) There shall be within the Office not more than five Associate Directors, who shall be appointed by the Director in the excepted service, shall have such titles as the Director shall from time to time determine, and shall receive compensation at the rate now or hereafter provided for level IV of the Executive Schedule (5 U.S.C. 5315). SEC. 104. FUNCTIONS OF THE DIRECTOR The functions of the Director shall include, but not be limited to, the following: (a) Aiding the President, as the President may request, in preparing such rules as the President prescribes, for the administration of civilian employment now within the jurisdiction of the United States Civil Service Commission; (b) Advising the President, as the President may request, on any matters pertaining to civilian employment now within the jurisdiction of the United States Civil Service Commission; (c) Executing, administering and enforcing the Civil Service rules and regulations of the President and the Office and the statutes governing the same, and other activities of the Office including retirement and classification activities except to the extent such functions remain vested in the Merit Systems Protection Board pursuant to Section 202 of this Plan, or are transferred to the Special Counsel pursuant to Section 204 of this Plan. The Director shall provide the public, where appropriate, a reasonable opportunity to comment and submit written views on the implementation and interpretation of such rules and regulations; (d) Conducting or otherwise providing for studies and research for the purpose of assuring improvements in personnel management, and recommending to the President actions to promote an efficient Civil Service and a systematic application of the merit system principles, including measures relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and separations of employees; and (e) Performing the training responsibilities now performed by the United States Civil Service Commission as set forth in 5 U.S.C. Chapter 41. SEC. 105. AUTHORITY TO DELEGATE FUNCTIONS The Director may delegate, from time to time, to the head of any agency employing persons in the competitive service, the performance of all or any part of those functions transferred under this Plan to the Director which relate to employees, or applicants for employment, of such agency. PART II. MERIT SYSTEMS PROTECTION BOARD SEC. 201. MERIT SYSTEMS PROTECTION BOARD (a) The United States Civil Service Commission is hereby redesignated the Merit Systems Protection Board. The Commissioners of the United States Civil Service Commission are hereby redesignated as members of the Merit Systems Protection Board (the 'Board'). (b) The Chairman of the Board shall be its chief executive and administrative officer. The position of Executive Director, established by 5 U.S.C. 1103(d), is hereby abolished. SEC. 202. FUNCTIONS OF THE MERIT SYSTEMS PROTECTION BOARD AND RELATED MATTERS (a) There shall remain with the Board the hearing, adjudication, and appeals functions of the United States Civil Service Commission specified in 5 U.S.C. 1104(b)(4) (except hearings, adjudications and appeals with respect to examination ratings), and also found in the following statutes: (i) 5 U.S.C. 1504-1507, 7325, 5335, 7521, 7701 and 8347(d); (ii) 38 U.S.C. 2023. (b) There shall remain with the Board the functions vested in the United States Civil Service Commission, or its Chairman, pursuant to 5 U.S.C. 1104(a)(5) and (b)(4) to enforce decisions rendered pursuant to the authorities described in Subsection (a) of this Section. (c) Any member of the Board may request from the Director, in connection with a matter then pending before the Board for adjudication, an advisory opinion concerning interpretation of rules, regulations, or other policy directives promulgated by the Office of Personnel Management. (d) Whenever the interpretation or application of a rule, regulation, or policy directive of the Office of Personnel Management is at issue in any hearing, adjudication, or appeal before the Board, the Board shall promptly notify the Director, and the Director shall have the right to intervene in such proceedings. (e) The Board shall designate individuals to chair performance rating boards established pursuant to 5 U.S.C. 4305. (f) The Chairman of the Board shall designate representatives to chair boards of review established pursuant to 5 U.S.C. 3383(b). (g) The Board may from time to time conduct special studies relating to the Civil Service, and to other merit systems in the Executive Branch and report to the President and the Congress whether the public interest in a workforce free of personnel practices prohibited by law or regulations is being adequately protected. In carrying out this function the Board shall make such inquiries as may be necessary, and, to the extent permitted by law, shall have access to personnel records or information collected by the Office of Personnel Management and may require additional reports from other agencies as needed. The Board shall make such recommendations to the President and the Congress as it deems appropriate. (h) The Board may delegate the performance of any of its administrative functions to any officer or employee of the Board. (i) The Board shall have the authority to prescribe such regulations as may be necessary for the performance of its functions. The Board shall not issue advisory opinions. The Board may issue rules and regulations, consistent with statutory requirements, defining its review procedures, including the time limits within which an appeal must be filed and the rights and responsibilities of the parties to an appeal. All regulations of the Board shall be published in the Federal Register. SEC. 203. SAVINGS PROVISION The Board shall accept appeals from agency actions effected prior to the effective date of this Plan. On the effective date of Part II of this Plan, proceedings then before the Federal Employee Appeals Authority shall continue before the Board; proceedings then before the Appeals Review Board and proceedings then before the United States Civil Service Commission on appeal from decisions of the Appeals Review Board shall continue before the Board; other employee appeals before boards or other bodies pursuant to law or regulation shall continue to be processed pursuant to those laws or regulations. Nothing in this section shall affect the right of a Federal employee to judicial review under applicable law. SEC. 204. THE SPECIAL COUNSEL (a) There shall be a Special Counsel to the Board appointed for a term of four years by the President by and with the advice and consent of the Senate, who shall be compensated as now or hereafter provided for level IV of the Executive Schedule (5 U.S.C. 5315). (b) There are hereby transferred to the Special Counsel all functions with respect to investigations relating to violations of 5 U.S.C. Chapter 15; 5 U.S.C. Subchapter III of Chapter 73 (Political Activities); and 5 U.S.C. 552(a)(4)(F) (public information). (c) The Special Counsel may investigate, pursuant to 5 U.S.C. 1303, allegations of personnel practices which are prohibited by law or regulation. (d) When in the judgment of the Special Counsel, such personnel practices exist, he shall report his findings and recommendations to the Chairman of the Merit Systems Protection Board, the agency affected, and to the Office of Personnel Management, and may report such findings to the President. (e) When in the judgment of the Special Counsel, the results of an investigation would warrant the taking of disciplinary action against an employee who is within the jurisdiction of the Board, the Special Counsel shall prepare charges against such employee and present them with supporting documentation to the Board. Evidence supporting the need for disciplinary action against a Presidential appointee shall be submitted by the Special Counsel to the President. (f) The Special Counsel may appoint personnel necessary to assist in the performance of his functions. (g) The Special Counsel shall have the authority to prescribe rules and regulations relating to the receipt and investigation of matters under his jurisdiction. Such regulations shall be published in the Federal Register. (h) The Special Counsel shall not issue advisory opinions. PART III. FEDERAL LABOR RELATIONS AUTHORITY SEC. 301. ESTABLISHMENT OF THE FEDERAL LABOR RELATIONS AUTHORITY (a) There is hereby established, as an independent establishment in the Executive Branch, the Federal Labor Relations Authority (the 'Authority'). The Authority shall be composed of three members, one of whom shall be Chairman, not more than two of whom may be adherents of the same political party, and none of whom may hold another office or position in the Government of the United States except where provided by law or by the President. (b) Members of the Authority shall be appointed by the President, by and with the advice and consent of the Senate. The President shall designate one member to serve as Chairman of the Authority, who shall be compensated at the rate now or hereafter provided for level III of the Executive Schedule (5 U.S.C. 5314). The other members shall be compensated at the rate now or hereafter provided for level IV of the Executive Schedule (5 U.S.C. 5315). (c) The initial members of the Authority shall be appointed as follows: one member for a term of two years; one member for a term of three years; and the Chairman for a term of four years. Thereafter, each member shall be appointed for a term of four years. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (d) The Authority shall make an annual report on its activities to the President for transmittal to Congress. SEC. 302. ESTABLISHMENT OF THE GENERAL COUNSEL OF THE AUTHORITY There shall be a General Counsel of the Authority, who shall be appointed by the President, by and with the advice and consent of the Senate for a term of four years, and who shall be compensated at the rate now or hereafter provided for level V of the Executive Schedule (5 U.S.C. 5316). The General Counsel shall perform such duties as the Authority shall from time to time prescribe, including but not limited to the duty of determining and presenting facts required by the Authority in order to decide unfair labor practice complaints. SEC. 303. THE FEDERAL SERVICE IMPASSES PANEL The Federal Service Impasses Panel, established under Executive Order 11491, as amended (set out under 5 U.S.C. 7101), (the 'Panel') shall continue, and shall be a distinct organizational entity within the Authority. SEC. 304. FUNCTIONS Subject to the provisions of Section 306, the following functions are hereby transferred: (a) To the Authority - (1) The functions of the Federal Labor Relations Council pursuant to Executive Order 11491, as amended (set out under 5 U.S.C. 7101); (2) The functions of the Civil Service Commission under Sections 4(a) and 6(e) of Executive Order 11491, as amended; (3) The functions of the Assistant Secretary of Labor for Labor-Management Relations, under Executive Order 11491, as amended, except for those functions related to alleged violations of the standards of conduct for labor organizations pursuant to Section 6(a)(4) of said Executive Order; and, (b) to the Panel - the functions and authorities of the Federal-Service Impasses Panel, pursuant to Executive Order 11491, as amended. SEC. 305. AUTHORITY DECISIONS The decisions of the Authority on any matter within its jurisdiction shall be final and not subject to judicial review. SEC. 306. OTHER PROVISIONS Unless and until modified, revised, or revoked, all policies, regulations, and procedures established, and decisions issued, under Executive Order 11491, as amended (set out under 5 U.S.C. 7101), shall remain in full force and effect. There is hereby expressly reserved to the President the power to modify the functions transferred to the Federal Labor Relations Authority and the Federal Service Impasses Panel pursuant to Section 304 of this Plan. SEC. 307. SAVINGS PROVISION All matters which relate to the functions transferred by Section 304 of this Plan, and which are pending on the effective date of the establishment of the Authority before the Federal Labor Relations Council, the Vice Chairman of the Civil Service Commission, or the Assistant Secretary of Labor for Labor-Management Relations shall continue before the Authority under such rules and procedures as the Authority shall prescribe. All such matters pending on the effective date of the establishment of the Authority before the Panel, shall continue before the Panel under such rules and procedures as the Panel shall prescribe. PART IV. GENERAL PROVISIONS SEC. 401. INCIDENTAL TRANSFER So much of the personnel, property, records, and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions transferred under this Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate agency, or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of any agencies abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganization Plan. SEC. 402. INTERIM OFFICERS (a) The President may authorize any persons who, immediately prior to the effective date of this Plan, held positions in the Executive Branch of the Government, to act as Director of the Office of Personnel Management, the Deputy Director of the Office of Personnel Management, the Special Counsel, the Chairman and other members of the Federal Labor Relations Authority, the Chairman and other members of the Federal Service Impasses Panel, or the General Counsel of the Authority, until those offices are for the first time filled pursuant to the provisions of this Reorganization Plan or by recess appointment, as the case may be. (b) The President may authorize any such person to receive the compensation attached to the Office in respect of which that person so serves, in lieu of other compensation from the United States. SEC. 403. EFFECTIVE DATE The provisions of this Reorganization Plan shall become effective at such time or times, on or before January 1, 1979, as the President shall specify, but not sooner than the earliest time allowable under Section 906 of Title 5, United States Code. (Pursuant to Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, this Reorg. Plan is generally effective Jan. 1, 1979.) MESSAGE OF THE PRESIDENT To the Congress of the United States: On March 2nd I sent to Congress a Civil Service Reform proposal to enable the Federal government to improve its service to the American people. Today I am submitting another part of my comprehensive proposal to reform the Federal personnel management system through Reorganization Plan No. 2 of 1978. The plan will reorganize the Civil Service Commission and thereby create new institutions to increase the effectiveness of management and strengthen the protection of employee rights. The Civil Service Commission has acquired inherently conflicting responsibilities: to help manage the Federal Government and to protect the rights of Federal employees. It has done neither job well. The Plan would separate the two functions. OFFICE OF PERSONNEL MANAGEMENT The positive personnel management tasks of the government - such as training, productivity programs, examinations, and pay and benefits administration - would be the responsibility of an Office of Personnel Management. Its Director, appointed by the President and confirmed by the Senate, would be responsible for administering Federal personnel matters except for Presidential appointments. The Director would be the government's principal representative in Federal labor relations matters. MERIT SYSTEMS PROTECTION BOARD The adjudication and prosecution responsibilities of the Civil Service Commission will be performed by the Merit Systems Protection Board. The Board will be headed by a bipartisan panel of three members appointed to six-year, staggered terms. This Board would be the first independent and institutionally impartial Federal agency solely for the protection of Federal employees. The Plan will create, within the Board, a Special Counsel to investigate and prosecute political abuses and merit system violations. Under the civil service reform legislation now being considered by the Congress, the Counsel would have power to investigate and prevent reprisals against employees who report illegal acts - the so-called 'whistleblowers.' The Council would be appointed by the President and confirmed by the Senate. FEDERAL LABOR RELATIONS AUTHORITY An Executive Order now vests existing labor-management relations in a part-time Federal Labor-Relations Council, comprised of three top government managers; other important functions are assigned to the Assistant Secretary of Labor for Labor-Management Relations. This arrangement is defective because the Council members are part-time, they come exclusively from the ranks of management and their jurisdiction is fragmented. The Plan I submit today would consolidate the central policymaking functions in labor-management relations now divided between the Council and the Assistant Secretary into one Federal Labor Relations Authority. The Authority would be composed of three full-time members appointed by the President with the advice and consent of the Senate. Its General Counsel, also appointed by the President and confirmed by the Senate, would present unfair labor practice complaints. The Plan also provides for the continuance of the Federal Service Impasses Panel within the Authority to resolve negotiating impasses between Federal employee unions and agencies. The cost of replacing the Civil Service Commission can be paid by our present resources. The reorganization itself would neither increase nor decrease the costs of personnel management throughout the government. But taken together with the substantive reforms I have proposed, this Plan will greatly improve the government's ability to manage programs, speed the delivery of Federal services to the public, and aid in executing other reorganizations I will propose to the Congress, by improving Federal personnel management. Each of the provisions of this proposed reorganization would accomplish one or more of the purposes set forth in 5 U.S.C. 901(a). No functions are abolished by the Plan, but the offices referred to in 5 U.S.C. 5109(b) and 5 U.S.C. 1103(d) are abolished. The portions of the Plan providing for the appointment and pay for the head and one or more officers of the Office of Personnel Management, the Merit Systems Protection Board, the Federal Labor Relations Authority and the Federal Service Impasses Panel, are necessary to carry out the reorganization. The rates of compensation are comparable to those for similar positions within the Executive Branch. I am confident that this Plan and the companion civil service reform legislation will both lead to more effective protection of Federal employees' legitimate rights and a more rewarding workplace. At the same time the American people will benefit from a better managed, more productive and more efficient Federal Government. Jimmy Carter. The White House, May 23, 1978. ------DocID 9039 Document 878 of 1400------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1979 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 2 OF 1979 -MISC1- 44 F.R. 41165, 93 STAT. 1378 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 10, 1979, pursuant to the provisions of chapter 9 of title 5 of the United States Code. (FOOTNOTE 1) (FOOTNOTE 1) As amended May 21, 1979. UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY SECTION 1. ESTABLISHMENT OF THE UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY There is hereby established in the executive branch an independent agency to be known as the United States International Development Cooperation Agency (hereinafter referred to as the 'Agency'). SEC. 2. DIRECTOR The Agency shall be headed by the Director of the United States International Development Cooperation Agency (hereinafter referred to as the 'Director'), who shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate prescribed by law for Level II of the Executive Schedule (5 U.S.C. 5313). The Director shall have primary responsibility for establishing overall development assistance policy and coordinating international development activities supported by the United States. The Director shall serve as the principal advisor to the President and the Secretary of State on international development matters and also shall advise the President on all trade, science and technology, and other matters significantly affecting the developing nations. The Director shall report to the President and, on matters relating to foreign policy, to the Secretary of State. The Director shall designate the order in which other officials shall act for and exercise the powers of the Director during the absence or disability of the Director and the Deputy Director or in the event of vacancies in both such offices. SEC. 3. DEPUTY DIRECTOR The President, by and with the advice and consent of the Senate, may appoint a Deputy Director of the Agency, who shall receive compensation at the rate prescribed by law for Level III of the Executive Schedule (5 U.S.C. 5314). The Deputy Director shall perform such duties and exercise such powers as the Director may from time to time prescribe and, in addition, shall act for and exercise the powers of the Director during the absence or disability of the Director or during a vacancy in such office. SEC. 4. ASSOCIATE DIRECTORS The President, by and with the advice and consent of the Senate, may appoint two Associate Directors of the Agency, who shall perform such duties and exercise such powers as the Director may from time to time prescribe and who shall receive compensation at the rate prescribed by law for Level IV of the Executive Schedule (5 U.S.C. 5315). SEC. 5. PERFORMANCE OF FUNCTIONS The Director may from time to time establish, alter, consolidate, or discontinue organizational units within the Agency (other than units expressly established by statute or reorganization plan). The Director may from time to time delegate responsibility for carrying out any function or authority of the Director of the Agency to any officer, employee, or unit of the Agency, or any other officer or agency of the executive branch. SEC. 6. TRANSFERS OF FUNCTIONS (a) There are hereby transferred to the Director all functions and authorities vested in the Agency for International Development or in its administrator pursuant to the following: (1) sections 233(b), 239(i), 296(e), 297(d), 298(c)(6), 299(d), 601(a) through (d), and 624(f)(2)(C) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2193(b), 2199(i), 2220a(e), 2220b(d), 2220c(c)(6), 2220d(d), 2351(a) through (d), and 2384(f)(2)(C)); (2) section 407 of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1736a); and (3) section 706 of the Foreign Relations Authorization Act, Fiscal Year 1979 (49 U.S.C. 1518) (49 App. U.S.C. 1518). (b) There are hereby transferred to the Director all functions and authorities vested in the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), or in its Administrator pursuant to the following: (1) sections 101(b), 119, 125, 531(a)(2), 601(e)(2), and 640B of such Act (22 U.S.C. 2151(b), 2151q, 2151w, 2346(a)(2), 2351(e)(2), and 2399c); and (2) section 602 of the International Security Assistance and Arms Control Act of 1976 (22 U.S.C. 2352 note). (c) There are hereby transferred to the Director all functions and authorities vested in the Secretary of State pursuant to the following: (1) section 101(b) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151(b)), insofar as it relates to policy guidance other than foreign policy guidance, and section 622(c) of such Act (22 U.S.C. 2382(c)), insofar as it relates to development assistance; and (2) section 901 of Public Law 95-118 (22 U.S.C. 262g). SEC. 7. ABOLITION One of the positions that the President may appoint under section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a), 5 U.S.C. 5315(5)) is hereby abolished. SEC. 8. OTHER TRANSFERS; INTERIM OFFICERS (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions and authorities affected by the establishment of the Agency, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate agency or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of any agency abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this reorganization plan. (b) Pending the initial appointment of the Director, Deputy Director, and Associate Directors of the Agency, their functions and authorities may be performed, for up to 60 days after section 1 of this reorganization plan becomes effective (Oct. 1, 1979), by such individuals as the President may designate. Any individual so designated shall be compensated at the rate provided herein for the position whose functions and authorities such individual performs. SEC. 9. EFFECTIVE DATE This reorganization plan shall become effective on July 1, 1980, or at such earlier time or times as the President shall specify, but not sooner than the earliest time allowable under section 906 of title 5 of the United States Code. (Pursuant to Ex. Ord. 12147, July 19, 1979, 44 F.R. 42957, sections 2, 3, and 4 of this Reorg. Plan are effective July 19, 1979.) (Pursuant to Ex. Ord. 12163, Sept. 29, 1979, 44 F.R. 56673, sections 1, 5, 6, and 8 of this Reorg. Plan are effective Oct. 1, 1979.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 2 of 1979, to consolidate certain foreign assistance activities of the United States Government. I am acting under the authority vested in me by the Reorganization Act, chapter 9 of title 5 of the United States Code, and pursuant to title III of the International Development and Food Assistance Act of 1978 (Pub. L. 95-424, Oct. 6, 1978, 92 Stat. 955, set out as a note under 22 U.S.C. 2151), which requires that I report to the Congress my decisions on reorganization in this area. The purposes of this reorganization are to make more coherent our economic policies and programs affecting the developing nations and to improve the effectiveness of United States foreign development activities. This Nation is committed - not only in the interest of the people of developing countries, but in our own interest as well - to help those countries in their efforts to achieve better lives for their citizens. To this end, we conduct a number of bilateral development assistance programs, participate in a number of multilateral development assistance programs, and engage in a variety of other economic activities that affect developing countries. When this Administration took office, United States support of international development suffered from four major problems. First, no single U.S. official was charged with responsibility for establishing a comprehensive and coherent strategy for our Nation's efforts in this field. Second, no agency or official had the authority to ensure that the various U.S. programs affecting development were consistent with each other or complemented the programs of the multilateral organizations to which we contribute. Third, none of the agency heads testifying before the Congress about his particular portion of our foreign assistance efforts was able to speak authoritatively for the program as a whole or for the Administration's overall development policies and priorities. Finally, because there was no authoritative spokesperson, developmental concerns were at times accorded insufficient weight in executive branch decision-making on trade, monetary, and other non-aid economic issues that affect developing nations. Just before his death a year ago, Senator Hubert H. Humphrey prepared a bill intended to solve these problems. Congressman Clement Zablocki introduced a similar measure in the House. Although the Congress took no action last year on the organizational provisions of the Humphrey-Zablocki bill, it directed me, in title III of the 1978 development assistance authorization act, to institute a strengthened system of coordination of U.S. economic policies affecting the developing countries, and urged me to create an agency with primary responsibility for coordination of international development-related activities. In response to the Humphrey-Zablocki bill and the Administration's own analyses, I took a number of steps last year to strengthen aid coordination and improve the effectiveness of our development assistance programs. The Reorganization Plan transmitted with this message continues that process. It will provide stronger direction of U.S. policies toward the developing world, ensure a more coherent development strategy, promote the more effective use of the various U.S. bilateral instruments by which the U.S. can encourage economic and social progress in developing countries, and ensure that U.S. bilateral programs and the multilateral programs to which we contribute better complement each other. This reorganization would create a new agency, to be known as the International Development Cooperation Agency (IDCA). IDCA would become a focal point within the U.S. Government for economic matters affecting U.S. relations with developing countries. Subject to guidance concerning the foreign policy of the United States from the Secretary of State, the IDCA Director would be the principal international development advisor to the President and to the Secretary of State. The Director would replace the AID Administrator in chairing the Development Coordination Committee. The IDCA Director would make recommendations to me concerning the appointment and tenure of senior officials of each component of IDCA, and would establish and control the budgets and policies of the Agency for International Development and the bilateral foreign assistance programs it administers, and of the Institute For Technological Cooperation, proposed in legislation transmitted to the Congress on February 26, 1979, which would support research and technological innovation to reduce obstacles to economic development. The Overseas Private Investment Corporation, which insures and guarantees U.S. private investments in developing countries against certain hazards, would also be a component of IDCA, but OPIC's Board of Directors, which the IDCA Director would chair, would continue to set OPIC policy. Each of these agencies would retain its individual identity and substantial day-to-day operating autonomy. A principal responsibility of the IDCA Director - who would be supported by a small staff - would be the achievement of consistency and balance among the policies, major programs, and budgets of the component agencies. To help insure that U.S. bilateral efforts and the programs of major multilateral development institutions better complement each other, the IDCA Director would participate in the selection of U.S. Executive Directors of multilateral development banks (World Bank Group, Inter-American Development Bank, Asian Development Bank and African Development Fund), and would advise these Executive Directors on development policy and proposed projects and programs. Additionally, IDCA would assume lead responsibility for budget support and policy concerning United States participation in those organizations and programs of the United Nations and the Organization of American States whose purpose is primarily developmental. These are the UN Development Program, UNICEF, the Organization of American States Technical Assistance Funds, the UN Capital Development Fund, the UN Educational and Training Program for Southern Africa, the UN/Food and Agriculture Organization (FAO) World Food Program, the FAO Post-Harvest Losses Fund, and the UN Disaster Relief Organization. The IDCA Director would be responsible for insuring that development goals are taken fully into account in all executive branch decision-making on trade, technology, and other economic policy issues affecting the less developed nations, and would submit an annual development policy statement to the Congress. The Director would also prepare a comprehensive foreign assistance budget, which he would submit to the Office of Management and Budget after consulting with the Secretary of State, and would lead the Administration's presentation of that budget to the Congress. When IDCA is established, I intend to delegate to it the principal authority for the bilateral development assistance program administered by AID (now vested in me by law, delegated to the Secretary of State, and redelegated to the Administrator of AID). Certain functions vested in me under the Foreign Assistance Act will continue to be delegated to the Secretary of State, Secretary of the Treasury, Secretary of Defense, or elsewhere; but most functions relating to the assistance program will be delegated directly to the IDCA Director, who will in turn redelegate these functions, as appropriate, to the Administrator of AID. I also intend to delegate to the Director of IDCA authority proposed to be vested in me to establish an Institute For Technological Cooperation; the IDCA Director would redelegate these functions, as appropriate, to IFTC. The reorganization would increase program effectiveness through improved coordination, as requested in the 1978 authorization act. I estimate that it would achieve that goal with no increase in expenditures or personnel. After investigation, I have found that this reorganization is necessary to carry out the policy set forth in section 901(a) of title 5 of the United States Code. This plan abolishes one of the statutory officers that the President may appoint under section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)). No statutory functions are abolished by the plan. The provisions in this plan for the appointment and pay of the Director, Deputy Director, and Associate Directors of IDCA have been found by me to be necessary by reason of the reorganization and are at rates applicable to comparable officers in the executive branch. This proposal constitutes the first major restructuring of the U.S. foreign aid program since the creation of the Agency for International Development in 1961. It will provide the United States with governmental machinery far better able to fulfill our commitment to assist people in developing countries to eliminate hunger, poverty, illness and ignorance. It responds to the mandate of the Congress. Let us work together to insure its successful and effective implementation. Jimmy Carter. The White House, April 10, 1979. ------DocID 9050 Document 879 of 1400------ -CITE- 7 USC Sec. 2 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 2. Definitions -STATUTE- For the purposes of this chapter 'contract of sale' shall be held to include sales, agreements of sale, and agreements to sell. The word 'person' shall be construed to import the plural or singular, and shall include individuals, associations, partnerships, corporations, and trusts. The word 'commodity' shall mean wheat, cotton, rice, corn, oats, barley, rye, flaxseed, grain sorghums, mill feeds, butter, eggs, Solanum tuberosum (Irish potatoes), wool, wool tops, fats and oils (including lard, tallow, cottonseed oil, peanut oil, soybean oil and all other fats and oils), cottonseed meal, cottonseed, peanuts, soybeans, soybean meal, livestock, livestock products, and frozen concentrated orange juice, and all other goods and articles, except onions as provided in section 13-1 of this title, and all services, rights, and interests in which contracts for future delivery are presently or in the future dealt in: Provided, That the Commission shall have exclusive jurisdiction, except to the extent otherwise provided in section 2a of this title, with respect to accounts, agreements (including any transaction which is of the character of, or is commonly known to the trade as, an 'option', 'privilege', 'indemnity', 'bid', 'offer', 'put', 'call', 'advance guaranty', or 'decline guaranty'), and transactions involving contracts of sale of a commodity for future delivery, traded or executed on a contract market designated pursuant to section 7 of this title or any other board of trade, exchange, or market, and transactions subject to regulation by the Commission pursuant to section 23 of this title: And provided further, That, except as hereinabove provided, nothing contained in this section shall (i) supersede or limit the jurisdiction at any time conferred on the Securities and Exchange Commission or other regulatory authorities under the laws of the United States or of any State, or (ii) restrict the Securities and Exchange Commission and such other authorities from carrying out their duties and responsibilities in accordance with such laws. Nothing in this section shall supersede or limit the jurisdiction conferred on courts of the United States or any State. Nothing in this chapter shall be deemed to govern or in any way be applicable to transactions in foreign currency, security warrants, security rights, resales of installment loan contracts, repurchase options, government securities, or mortgages and mortgage purchase commitments, unless such transactions involve the sale thereof for future delivery conducted on a board of trade. The term 'future delivery', as used in this chapter, shall not include any sale of any cash commodity for deferred shipment or delivery. The words 'board of trade' shall be held to include and mean any exchange or association, whether incorporated or unincorporated, of persons who shall be engaged in the business of buying or selling any commodity or receiving the same for sale on consignment. The words 'interstate commerce' shall be construed to mean commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof, or within any Territory or possession, or the District of Columbia. The words 'cooperative association of producers' shall mean any cooperative association, corporate or otherwise, not less than 75 per centum in good faith owned or controlled, directly or indirectly, by producers of agricultural products and otherwise complying with sections 291 and 292 of this title, including any organization acting for a group of such associations and owned or controlled by such associations, provided that business done for or with the United States of America, or any agency thereof, shall not be considered either member or nonmember business in determining the compliance of any such association with said sections. The words 'member of a contract market' shall mean and include individuals, associations, partnerships, corporations, and trusts owning or holding membership in, or admitted to membership representation on, a contract market or given members' trading privileges thereon. The words 'futures commission merchant' shall mean and include individuals, associations, partnerships, corporations, and trusts engaged in soliciting or in accepting orders for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market and that, in or in connection with such solicitation or acceptance of orders, accepts any money, securities, or property (or extends credit in lieu thereof) to margin, guarantee, or secure any trades or contracts that result or may result therefrom. The term 'introducing broker' shall mean any person, except an individual who elects to be and is registered as an associated person of a futures commission merchant, engaged in soliciting or in accepting orders for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market who does not accept any money, securities, or property (or extend credit in lieu thereof) to margin, guarantee, or secure any trades or contracts that result or may result therefrom. The words 'floor broker' shall mean any person who, in or surrounding any 'pit', 'ring', 'post', or other place provided by a contract market for the meeting of persons similarly engaged, shall purchase or sell for any other person any commodity for future delivery on or subject to the rules of any contract market. The words 'the Commission' shall mean the Commodity Futures Trading Commission established under section 4a of this title. The term 'commodity trading advisor' shall mean any person who, for compensation or profit, engages in the business of advising others, either directly or through publications, writings or electronic media, as to the value of or the advisability of trading in any contract of sale of a commodity for future delivery made or to be made on or subject to the rules of a contract market, any commodity option authorized under section 6c of this title, or any leverage transaction authorized under section 23 of this title, or who, for compensation or profit, and as part of a regular business, issues or promulgates analyses or reports concerning any of the foregoing; but such term does not include (i) any bank or trust company or any person acting as an employee thereof, (ii) any news reporter, news columnist, or news editor of the print or electronic media, or any lawyer, accountant, or teacher, (iii) any floor broker or futures commission merchant, (iv) the publisher or producer of any print or electronic data of general and regular dissemination, including its employees, (v) the fiduciary of any defined benefit plan which is subject to the provisions of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), (vi) any contract market, and (vii) such other persons not within the intent of this definition as the Commission may specify by rule, regulation, or order: Provided, That the furnishing of such services by the foregoing persons is solely incidental to the conduct of their business or profession: Provided further, That the Commission, by rule or regulation, may include within this definition, any person advising as to the value of commodities or issuing reports or analyses concerning commodities, if the Commission determines that such rule or regulation will effectuate the purposes of this provision. The term 'commodity pool operator' shall mean any person engaged in a business which is of the nature of an investment trust, syndicate, or similar form of enterprise, and who, in connection therewith, solicits, accepts, or receives from others, funds, securities, or property, either directly or through capital contributions, the sale of stock or other forms of securities, or otherwise, for the purpose of trading in any commodity for future delivery on or subject to the rules of any contract market, but does not include such persons not within the intent of this definition as the Commission may specify by rule or regulation or by order. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 2(a)(1)(A), formerly Sec. 2(a), 42 Stat. 998; June 15, 1936, ch. 545, Sec. 2, 3, 49 Stat. 1491; Apr. 7, 1938, ch. 108, 52 Stat. 205; Oct. 9, 1940, ch. 786, Sec. 1, 54 Stat. 1059; Aug. 28, 1954, ch. 1041, title VII, Sec. 710(a), 68 Stat. 913; July 26, 1955, ch. 382, Sec. 1, 69 Stat. 375; Feb. 19, 1968, Pub. L. 90-258, Sec. 1, 82 Stat. 26; July 23, 1968, Pub. L. 90-418, 82 Stat. 413; redesignated Sec. 2(a)(1) and amended Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 101(a)(1), (2), title II, Sec. 201, 202, 88 Stat. 1389, 1395; Sept. 30, 1978, Pub. L. 95-405, Sec. 2(1), 92 Stat. 865; redesignated Sec. 2(a)(1)(A) and amended Jan. 11, 1983, Pub. L. 97-444, title I, Sec. 101(a)(1), (2), title II, Sec. 201, 96 Stat. 2294, 2297.) -REFTEXT- REFERENCES IN TEXT The Employee Retirement Income Security Act of 1974, referred to in text, is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 832, as amended, which is classified principally to chapter 18 (Sec. 1001 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables. -COD- CODIFICATION Section consists of part of subsec. (a)(1)(A) of section 2 of the Commodity Exchange Act, act Sept. 21, 1922. The remainder of such subsec. (a)(1)(A) is classified to section 4 of this title. Subsec. (a)(1)(B) is classified to section 2a of this title. Subsecs. (a)(2) to (11) of section 2 of the Commodity Exchange Act are classified to section 4a of this title. Subsec. (b) of section 2 of the Commodity Exchange Act is classified to section 3 of this title. -MISC3- AMENDMENTS 1983 - Pub. L. 97-444, Sec. 101(a)(2), inserted in third sentence, first proviso, ', except to the extent otherwise provided in section 2a of this title,' after 'exclusive jurisdiction'. Pub. L. 97-444, Sec. 201(1), inserted definition of 'introducing broker'. Pub. L. 97-444, Sec. 201(2), in revising definition of 'commodity training advisor', included any person advising others through electronic media; substituted provision respecting advising others 'as to the value of or the advisability of trading in any contract of sale of a commodity for future delivery made or to be made on or subject to the rules of a contract market, any commodity option authorized under section 6c of this title, or any leverage transaction authorized under section 23 of this title, or who, for compensation or profit, and as part of a regular business, issues or promulgates analyses or reports concerning any of the foregoing' for provision respecting advising others 'as to the value of commodities or as to the advisability of trading in any commodity for future delivery on or subject to the rules of any market, or who for compensation or profit, and as part of a regular business, issues or promulgates analyses or reports concerning commodities'; excluded in item (i) any person acting as an employee of any bank or trust company; substituted in cl. (ii) 'news reporter, news columnist, or news editor of the print or electronic media' for 'newspaper reporter, newspaper columnist, newspaper editor'; substituted in cl. (iv) 'the publisher or producer of any print or electronic data of general and regular dissemination, including its employees' for 'the publisher of any bona fide newspaper magazine, or business or financial publication of general and regular circulation including their employees'; inserted item (v); redesignated as items (vi) and (vii) former items (v) and (vi); and authorized Commission to effectuate purposes of definition by rule or regulation by including within definition any person advising as to the value of commodities or issuing reports or analyses concerning commodities. 1978 - Pub. L. 95-405 substituted 'section 23 of this title' for 'section 15a of this title'. 1974 - Pub. L. 93-463 struck out 'onions,' after 'eggs,' in definition of 'commodity' and inserted provisions to that definition to include as commodities all other goods and articles, except onions as provided in section 13-1 of this title, and all services, rights, and interests in which contracts for the future delivery are presently or in the future dealt in, inserted definitions for 'commodity trading advisor' and 'commodity pool operator', and, as definition of 'the Commission', substituted 'Commodity Futures Trading Commission established under section 4a of this title' for 'Commodity Exchange Commission, consisting of the Secretary of Agriculture, the Secretary of Commerce, and the Attorney General, or an official or employee of each of the executive departments concerned, designated by the Secretary of Agriculture, the Secretary of Commerce, and the Attorney General, respectively; and the Secretary of Agriculture or his designee shall serve as Chairman'. 1968 - Pub. L. 90-418 extended definition of 'commodity' in third sentence to include frozen concentrated orange juice. Pub. L. 90-258, Sec. 1(a), extended definition of 'commodity' in third sentence to include livestock and livestock products. Pub. L. 90-258, Sec. 1(b), substituted in definition of 'floor broker' in penultimate sentence 'purchase or sell for any other person' for 'engage in executing for others any order for the purchase or sale of' and struck out provision for receipt or acceptance of any commission or other compensation for services as a floor broker. Pub. L. 90-258, Sec. 1(c), provided in last sentence for representation on the Commission of Secretary of Agriculture, Secretary of Commerce, and Attorney General by an official or employee designated from executive department concerned and for service of Secretary of Agriculture or his designee as Chairman. 1955 - Act July 26, 1955, extended 'commodity' to onions. 1954 - Act Aug. 28, 1954, extended 'commodity' to wool. 1940 - Act Oct. 9, 1940, extended 'commodity' to fats and oils (including lard, tallow, cottonseed oil, peanut oil, soybean oil, and all other fats and oils), cottonseed meal, cottonseed, peanuts, soybeans and soybean meal. 1938 - Act Apr. 7, 1938, extended 'commodity' to wool tops. 1936 - Act June 15, 1936, substituted 'commodity', 'any commodity', or 'commodities', as the case may require, for 'grain' wherever appearing, and 'any cash commodity' for 'cash grain', and inserted definitions of 'cooperative association of producers,' 'member of a contract market', 'futures commission merchant', 'floor broker' and 'the commission.' EFFECTIVE DATE OF 1983 AMENDMENT Section 239 of Pub. L. 97-444 provided that: 'This Act (see Short Title of 1983 Amendment note set out under section 1 of this title) shall be effective upon the date of enactment of this Act (Jan. 11, 1983), except that sections 207, 212, and 231 of this Act (amending sections 6d, 6k, and 18 of this title) shall be effective one hundred and twenty days after the date of enactment of this Act, or such earlier date as the Commodity Futures Trading Commission shall prescribe by regulation.' EFFECTIVE DATE OF 1978 AMENDMENT Section 28 of Pub. L. 95-405 provided that: 'Except as otherwise provided in this Act, the provisions of this Act (see Short Title of 1978 Amendment note set out under section 1 of this title) shall become effective October 1, 1978.' EFFECTIVE DATE OF 1974 AMENDMENT Section 418 of Pub. L. 93-463 provided that: '(a) Except as otherwise provided specifically in this Act, the effective date of this Act (see Short Title note set out under section 1 of this title) shall be the 180th day after enactment (Oct. 23, 1974). The Commission referred to in section 101 (Commodity Futures Trading Commission) is hereby established effective immediately on enactment of this Act (Oct. 23, 1974). Sections 102 and 410 (amending sections 5108, 5314, 5315, and 5316 of title 5) shall be effective immediately on enactment of this Act (Oct. 23, 1974). Activities necessary to implement the changes effected by this Act may be carried out after the date of enactment (Oct. 23, 1974) and before as well as after the 180th day thereafter. Activities to be carried out after the date of enactment (Oct. 23, 1974) and before the 180th day thereafter may include, but are not limited to the following: Designation of boards of trade as contract markets, registration of futures commission merchants, floor brokers, and other persons required to be registered under the Act (this chapter), approval or modification of bylaws, rules, regulations, and resolutions of contract markets, and issuance of regulations, effective on or after the 180th day after enactment (Oct. 23, 1974); appointment and compensation of the members of the Commission; hiring and compensation of staff; and conducting of investigations and hearings. Nothing in this Act shall limit the authority of the Secretary of Agriculture or the Commodity Exchange Commission under the Commodity Exchange Act, as amended, prior to the 180th day after enactment of this Act (Oct. 23, 1974). '(b) Funds appropriated for the administration of the Commodity Exchange Act, as amended (this chapter), may be used to implement this Act (see Short Title note under section 4a of this title) immediately after the date of enactment of this Act (Oct. 23, 1974).' EFFECTIVE DATE OF 1968 AMENDMENT Section 28 of Pub. L. 90-258 provided that: 'This Act (enacting sections 12b, 13b, 13c, and 17b, and amending sections 2, 6a, 6b, 6d, 6f, 6g, 6i, 7, 7a, 7b, 8, 9, 12, 12-1, 12a, 13, and 13a of this title) shall become effective one hundred and twenty days after enactment (Feb. 19, 1968).' EFFECTIVE DATE OF 1955 AMENDMENT Section 2 of act July 26, 1955, provided that: 'This Act (amending this section) shall take effect sixty days after the date of its enactment (July 26, 1955).' EFFECTIVE DATE OF 1954 AMENDMENT Section 710(b) of act Aug. 28, 1954, provided that: 'The amendment made by this section (amending this section) shall become effective sixty days after the date of enactment of this Act (Aug. 28, 1954).' EFFECTIVE DATE OF 1940 AMENDMENT Section 2 of act Oct. 9, 1940, provided that: 'This Act (amending this section) shall take effect sixty days after the date of its enactment (Oct. 9, 1940).' EFFECTIVE DATE OF 1936 AMENDMENT Amendment by act June 15, 1936, effective 90 days after June 15, 1936, see section 13 of that act, set out as a note under section 1 of this title. -CROSS- CROSS REFERENCES Onion futures transactions, definitions, applicable, see section 13-1 of this title. Transaction in interstate commerce, see section 3 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 6c, 6m of this title. ------DocID 9092 Document 880 of 1400------ -CITE- 7 USC Sec. 13a-2 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 13a-2. Jurisdiction of States -STATUTE- (1) Whenever it shall appear to the attorney general of any State, the administrator of the securities laws of any State, or such other official as a State may designate, that the interests of the residents of that State have been, are being, or may be threatened or adversely affected because any person (other than a contract market, clearinghouse, or floor broker) has engaged in, is engaging or is about to engage in, any act or practice constituting a violation of any provision of this chapter or any rule, regulation, or order of the Commission thereunder, the State may bring a suit in equity or an action at law on behalf of its residents to enjoin such act or practice, to enforce compliance with this chapter, or any rule, regulation, or order of the Commission thereunder, to obtain damages on behalf of their residents, or to obtain such further and other relief as the court may deem appropriate. (2) The district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia, shall have jurisdiction of all suits in equity and actions at law brought under this section to enforce any liability or duty created by this chapter or any rule, regulation, or order of the Commission thereunder, or to obtain damages or other relief with respect thereto. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this chapter or any rule, regulation, or order of the Commission thereunder, including the requirement that the defendant take such action as is necessary to remove the danger of violation of this chapter or of any such rule, regulation, or order. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. (3) Immediately upon instituting any such suit or action, the State shall serve written notice thereof upon the Commission and provide the Commission with a copy of its complaint, and the Commission shall have the right to (A) intervene in the suit or action and, upon doing so, shall be heard on all matters arising therein, and (B) file petitions for appeal. (4) Any suit or action brought under this section in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the act or practice occurred, is occurring, or is about to occur, and process in such cases may be served in any district in which the defendant is an inhabitant or wherever the defendant may be found. (5) For purposes of bringing any suit or action under this section, nothing in this chapter shall prevent the attorney general, the administrator of the State securities laws, or other duly authorized State officials from exercising the powers conferred on them by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (6) For purposes of this section, 'State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. (7) Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal antifraud statute of such State. (8)(A) Nothing in this chapter shall prohibit an authorized State official from proceeding in a State court against any person registered under this chapter (other than a floor broker or registered futures association) for an alleged violation of any antifraud provision of this chapter or any antifraud rule, regulation, or order issued pursuant to the chapter. (B) The State shall give the Commission prior written notice of its intent to proceed before instituting a proceeding in State court as described in this subsection and shall furnish the Commission with a copy of its complaint immediately upon instituting any such proceeding. The Commission shall have the right to (i) intervene in the proceeding and, upon doing so, shall be heard on all matters arising therein, and (ii) file a petition for appeal. The Commission or the defendant may remove such proceeding to the district court of the United States for the proper district by following the procedure for removal otherwise provided by law, except that the petition for removal shall be filed within sixty days after service of the summons and complaint upon the defendant. The Commission shall have the right to appear as amicus curiae in any such proceeding. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 6d, as added Sept. 30, 1978, Pub. L. 95-405, Sec. 15, 92 Stat. 872, and amended Jan. 11, 1983, Pub. L. 97-444, title II, Sec. 221, 96 Stat. 2308.) -MISC1- AMENDMENTS 1983 - Par. (8). Pub. L. 97-444 added par. (8). EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section 239 of Pub. L. 97-444, set out as a note under section 2 of this title. EFFECTIVE DATE Section effective Oct. 1, 1978, see section 28 of Pub. L. 95-405, set out as an Effective Date of 1978 Amendment note under section 2 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial Procedure. One form of action, see rule 2. Rules as governing the procedure in all suits of a civil nature whether cognizable as cases at common law or in equity, see rule 1. Writ of mandamus abolished in United States district courts, but relief available by appropriate action or motion, see rule 81. ------DocID 9113 Document 881 of 1400------ -CITE- 7 USC CHAPTER 2 -EXPCITE- TITLE 7 CHAPTER 2 -HEAD- CHAPTER 2 - COTTON STANDARDS -MISC1- Sec. 51. Short title. 51a. Extension of classification facilities to cotton growers. 51a-1. Contracts with cooperatives furnishing classers; amount and type of payment. 51b. Licensing samplers; revocation and suspension of license. 52. Use of nonofficial standards prohibited; sales by sample excepted. 53. Licensing classifiers; revocation and suspension of license. 54. Classification by Department of Agriculture; certification thereof; effect of certificate; regulations for classification. 55. Fees and charges for cotton classing and related services; criteria; disposition of moneys and samples. 56. Establishment of cotton standards; furnishing copies of established standards sold. 57. Disposition of proceeds of sale of cotton and of copies of standards. 57a. Agreements with cotton associations, etc., in foreign countries to establish cotton standards. 58. General inspection and sampling of cotton. 59. Offenses in relation to cotton standards. 60. Penalties for violations. 61. General regulations, investigations, tests, etc., by Secretary. 61a. Annual review meetings with cotton industry representatives; purposes, etc. 62. Definitions. 63. Liability of principal for act of agent. 64. Appropriation for expenses; appointment by Secretary of officers and agents; compensation. 65. Separability. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 15b, 61a of this title. ------DocID 9162 Document 882 of 1400------ -CITE- 7 USC Sec. 87f-2 -EXPCITE- TITLE 7 CHAPTER 3 -HEAD- Sec. 87f-2. Reporting requirements -STATUTE- (a) General requirements; annual report to Congressional committees The Administrator shall submit a report to the committee (FOOTNOTE 1) on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate one year after the effective date of the United States Grain Standards Act of 1976 setting forth the actions taken by him in implementing the provisions of that Act; and, on December 1 of each year thereafter, the Administrator shall report to such committees regarding the effectiveness of the official inspection and weighing system under this chapter for the prior fiscal year, with recommendations for any legislative changes necessary to accomplish the objectives stated in section 74 of this title. (FOOTNOTE 1) So in original. Probably should be 'Committee'. (b) Notification of Congressional committees of complaints regarding faulty grain deliveries and cancellation of export contracts The Administrator shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate (1) of any complaint regarding faulty grain delivery made to the Department of Agriculture by a foreign purchaser of United States grain, within thirty days after a determination by the Administrator that there is reasonable cause to believe that the grain delivery was in fact faulty, and (2) notwithstanding the provisions of section 612c-3 of this title, within thirty days after receipt by the Administrator or the Secretary of notice of the cancellation of any contract for the export of more than one hundred thousand metric tons of grain. (c) Submission to Congressional committees of annual summary of complaints from foreign purchasers and prospective purchasers of grain On December 1 of each year, the Administrator shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a summary of all other complaints received by the Department of Agriculture during the prior fiscal year from foreign purchasers and prospective purchasers of United States grain and other foreign purchasers interested in the trade of grain, and the resolution thereof: Provided, That the summary shall not include a complaint unless reasonable cause exists to believe that the complaint is valid, as determined by the Administrator. -SOURCE- (Aug. 11, 1916, ch. 313, part B, Sec. 17B, as added Oct. 21, 1976, Pub. L. 94-582, Sec. 22, 90 Stat. 2888, and amended Sept. 29, 1977, Pub. L. 95-113, title XVI, Sec. 1604(m), 1606(i), (j), 91 Stat. 1029, 1030.) -REFTEXT- REFERENCES IN TEXT The United States Grain Standards Act of 1976, referred to in subsec. (a), is Pub. L. 94-582, Oct. 21, 1976, 90 Stat. 2867, as amended. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 71 of this title and Tables. For effective date of this Act, see Effective Date of 1976 Amendment note set out under section 74 of this title. -MISC2- AMENDMENTS 1977 - Subsec. (a). Pub. L. 95-113, Sec. 1606(i), (j), substituted 'Committee on Agriculture, Nutrition, and Forestry' for 'Committee on Agriculture and Forestry' and 'inspection and weighing' for 'inspection'. Subsec. (b). Pub. L. 95-113, Sec. 1604(m), 1606(i), substituted 'Committee on Agriculture, Nutrition, and Forestry' for 'Committee on Agriculture and Forestry' in provisions preceding cl. (1) and, in cl. (2) substituted 'notwithstanding the provisions of section 612c-3 of this title, within thirty days after receipt by the Administrator or the Secretary of notice of the cancellation' for 'within thirty days after receipt by the Administrator or the Secretary of the cancellation'. Subsec. (c). Pub. L. 95-113, Sec. 1606(i), substituted 'Committee on Agriculture, Nutrition, and Forestry' for 'Committee on Agriculture and Forestry'. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as a note under section 1307 of this title. EFFECTIVE DATE For effective date of section, see Effective Date of 1976 Amendment note set out under section 74 of this title. ------DocID 9212 Document 883 of 1400------ -CITE- 7 USC Sec. 136w-2 -EXPCITE- TITLE 7 CHAPTER 6 SUBCHAPTER II -HEAD- Sec. 136w-2. Failure by the State to assure enforcement of State pesticide use regulations -STATUTE- (a) Referral Upon receipt of any complaint or other information alleging or indicating a significant violation of the pesticide use provisions of this subchapter, the Administrator shall refer the matter to the appropriate State officials for their investigation of the matter consistent with the requirements of this subchapter. If, within thirty days, the State has not commenced appropriate enforcement action, the Administrator may act upon the complaint or information to the extent authorized under this subchapter. (b) Notice Whenever the Administrator determines that a State having primary enforcement responsibility for pesticide use violations is not carrying out (or cannot carry out due to the lack of adequate legal authority) such responsibility, the Administrator shall notify the State. Such notice shall specify those aspects of the administration of the State program that are determined to be inadequate. The State shall have ninety days after receipt of the notice to correct any deficiencies. If after that time the Administrator determines that the State program remains inadequate, the Administrator may rescind, in whole or in part, the State's primary enforcement responsibility for pesticide use violations. (c) Construction Neither section 136w-1 of this title nor this section shall limit the authority of the Administrator to enforce this subchapter, where the Administrator determines that emergency conditions exist that require immediate action on the part of the Administrator and the State authority is unwilling or unable adequately to respond to the emergency. -SOURCE- (June 25, 1947, ch. 125, Sec. 27, as added Sept. 30, 1978, Pub. L. 95-396, Sec. 24(2), 92 Stat. 837, and amended Oct. 25, 1988, Pub. L. 100-532, title VIII, Sec. 801(p), 102 Stat. 2683.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-532 inserted headings for subsecs. (a) to (c). EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-532 effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a note under section 136 of this title. ------DocID 9353 Document 884 of 1400------ -CITE- 7 USC Sec. 228b-2 -EXPCITE- TITLE 7 CHAPTER 9 SUBCHAPTER V -HEAD- Sec. 228b-2. Violations by live poultry dealers -STATUTE- (a) Written complaint by Secretary; hearing; intervention; amended complaint Whenever the Secretary has reason to believe that any live poultry dealer has violated or is violating any provision of section 197 of this title or section 228b-1 of this title, he shall cause a complaint in writing to be served upon the live poultry dealer, stating his charges in that respect, and requiring the live poultry dealer to attend and testify at a hearing at a time and place designated therein, at least 30 days after the service of such complaint; and at such time and place there shall be afforded the live poultry dealer a reasonable opportunity to be informed as to the evidence introduced against him (including the right of cross-examination), and to be heard in person or by counsel and through witnesses, under such regulations as the Secretary may prescribe. Any person for good cause shown may, on application, be allowed by the Secretary to intervene in such proceeding, and appear in person or by counsel. At any time prior to the close of the hearing, the Secretary may amend the complaint; but in case of any amendment adding new charges, the hearing shall, on the request of the live poultry dealer, be adjourned for a period not exceeding 15 days. (b) Report on findings of fact by Secretary; cease and desist order; assessment of civil penalty; action by Attorney General upon live poultry dealer's failure to pay penalty If, after such hearing, the Secretary finds that the live poultry dealer has violated, or is violating, any provisions of section 197 of this title or section 228b-1 of this title covered by the charges, he shall make a report in writing in which he shall state his findings as to the facts, and shall issue and cause to be served on the live poultry dealer an order requiring such live poultry dealer to cease and desist from continuing such violation. The testimony taken at the hearing shall be reduced to writing and filed in the records of the Department of Agriculture. The Secretary may also assess a civil penalty of not more than $20,000 for each such violation. In determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person's ability to continue in business: Provided, however, That in no event can the penalty assessed by the Secretary take priority over or impede the ability of the live poultry dealer to pay any unpaid cash seller or poultry grower. If, after the lapse of the period allowed for appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General, who may recover such penalty by an action in the appropriate District Court of the United States. (c) Amendment or setting aside of report or order Until the record in such hearing has been filed in a court of appeals of the United States, as provided in section 228b-3 of this title, the Secretary, at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the live poultry dealer to be heard, may amend or set aside the report or order, in whole or in part. (d) Service of complaints, orders, and other processes Complaints, orders, and other processes of the Secretary under this section may be served in the same manner as provided in section 45 of title 15. -SOURCE- (Aug. 15, 1921, ch. 64, title IV, Sec. 411, as added Nov. 23, 1987, Pub. L. 100-173, Sec. 9(2), 101 Stat. 920.) -MISC1- PRIOR PROVISIONS A prior section 411 of act Aug. 15, 1921, was renumbered section 415 and is classified to section 229 of this title. EFFECTIVE DATE Section effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100-173, set out as an Effective Date of 1987 Amendment note under section 182 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 228b-3, 228b-4 of this title. ------DocID 9598 Document 885 of 1400------ -CITE- 7 USC Sec. 473c-2 -EXPCITE- TITLE 7 CHAPTER 19 -HEAD- Sec. 473c-2. Penalties for offenses relating to sampling of cotton -STATUTE- Any person violating any provision of section 473c-1 of this title shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000, or imprisoned not more than one year, or both. -SOURCE- (Mar. 3, 1927, ch. 337, Sec. 3c-2, as added July 5, 1960, Pub. L. 86-588, 74 Stat. 329.) ------DocID 9735 Document 886 of 1400------ -CITE- 7 USC Sec. 612c-2 -EXPCITE- TITLE 7 CHAPTER 26 SUBCHAPTER III -HEAD- Sec. 612c-2. Technical support to exporters and importers of United States agricultural products; scope of support provided by Department of Agriculture -STATUTE- The Department of Agriculture shall provide technical support to exporters and importers of United States agricultural products when so requested. Such support shall include, but not be limited to, a review of the feasibility of the export proposal, adequacy of sources of supply, compliance with trade regulations of the United States and the importing country and such other information or guidance as may be needed to expand and expedite United States agricultural exports by private trading interests. -SOURCE- (Pub. L. 91-524, title VIII, Sec. 811, as added Pub. L. 93-86, Sec. 1(27)(B), Aug. 10, 1973, 87 Stat. 238.) -COD- CODIFICATION Section was not enacted as part of the Agricultural Adjustment Act which comprises this chapter. ------DocID 9847 Document 887 of 1400------ -CITE- 7 USC Sec. 950aaa-2 -EXPCITE- TITLE 7 CHAPTER 31A -HEAD- Sec. 950aaa-2. Definitions -STATUTE- As used in this chapter: (1) Administrator The term 'Administrator' means the Administrator of the Rural Electrification Administration. (2) Communication satellite ground station complex The term 'communication satellite ground station complex' includes transmitters, receivers, and communications antennas at the Earth station site together with the interconnecting terrestrial transmission facilities (cables, line, or microwave facilities) and modulating and demodulating equipment necessary for processing traffic received from the terrestrial distribution system prior to transmission via satellite and the traffic received from the satellite prior to transfer to terrestrial distribution systems. (3) Comprehensive rural telecommunications plan The term 'comprehensive rural telecommunications plan' means a plan submitted by an applicant for a grant under this chapter. Each such plan shall include - (A) a detailed explanation of the proposed rural telecommunications system, how such system is to be funded, and a description of the intended uses for grants received from the Administrator under this chapter; (B) an explanation of the manner in which such plan complies with any requirements imposed by the Administrator under this chapter or otherwise imposed under section 950aaa-3 of this title; (C) a listing of the proposed purchases or leases of telecommunications terminal equipment, telecommunications transmission facilities, data terminal equipment, interactive video equipment, computer hardware and software systems, and components that process data for transmission via telecommunications, computer network components, communication satellite ground station equipment, or any other elements of the telecommunications system designed to further the purposes of this chapter, that the applicant intends to build or fund using the grant funds; (D) an explanation of the special financial or other needs of the affected rural communities and of the applicants for such grant assistance; (E) an analysis of the relative costs and benefits of proposals for leasing or purchasing of facilities, equipment, components, hardware and software, or other items; and (F) a description of the consultations with the appropriate local telephone exchange carrier or carriers and with a wide variety of additional telecommunications service providers (including other interexchange carriers, cable television operators, enhanced service providers, providers of satellite services and telecommunications equipment manufacturers and distributors), and the anticipated role of such providers in the proposed telecommunications system. (4) Computer networks The term 'computer networks' refers to computer hardware and software, terminals, signal conversion equipment including both modulators and demodulators, or related devices, used to communicate with other computers to process and exchange data through a telecommunication network in which signals are generated, modified, or prepared for transmission, or received, via telecommunications terminal equipment and telecommunications transmission facilities. (5) Data terminal equipment The term 'data terminal equipment' refers to equipment that converts user information into data signals for transmission, or reconverts the received data signals into user information, and is normally found on the terminal of a circuit and on the premises of the end user. (6) End user The term 'end user' means rural community facilities or persons associated with those facilities who participate in the programs established under this chapter. (7) Fiber-optic cable The term 'fiber-optic cable' means a bundle of optical transmission elements or waveguides usually consisting of a fiber core and fiber cladding that can guide a lightwave and that are incorporated into an assembly of materials that provide tensile strength and external protection. (8) Interactive video equipment The term 'interactive video equipment' refers to equipment used to produce and prepare for transmission audio and visual signals from at least two distant locations such that individuals at such locations can verbally and visually communicate with each other, and such equipment includes monitors, other display devices, cameras or other recording devices, audio pickup devices, and other related equipment. (9) Secretary The term 'Secretary' means the Secretary of Agriculture. (10) Telecommunications transmission facilities The term 'telecommunications transmission facilities' refers to those facilities that transmit, receive, or carry data between the telecommunications terminal equipment at each end of a telecommunications circuit or path. Such facilities include microwave antennae, relay stations and towers, other telecommunications antennae, fiber-optic cables and repeaters, coaxial cables, communication satellite ground station complexes, copper cable electronic equipment associated with telecommunications transmissions, and similar items as defined by the Administrator. (11) Telecommunications terminal equipment The term 'telecommunications terminal equipment' refers to the assembly of telecommunications equipment at the end of a circuit, normally located on the premises of the end user, that interfaces with telecommunications transmission facilities, and that is used to modify, convert, encode, or otherwise prepare signals to be transmitted via such telecommunications facilities, or that is used to modify, reconvert or carry signals received from such facilities, the purpose of which is to accomplish the goal for which the circuit was established. -SOURCE- (Pub. L. 101-624, title XXIII, Sec. 2333, Nov. 28, 1990, 104 Stat. 4017.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 950aaa-3 of this title. ------DocID 9930 Document 888 of 1400------ -CITE- 7 USC Sec. 1308-2 -EXPCITE- TITLE 7 CHAPTER 35 SUBCHAPTER II Part A -HEAD- Sec. 1308-2. Schemes or devices -STATUTE- If the Secretary of Agriculture determines that any person has adopted a scheme or device to evade, or that has the purpose of evading, section 1308, 1308-1, or 1308-3 of this title, such person shall be ineligible to receive farm program payments (as described in paragraphs (1) and (2) of section 1308 of this title as being subject to limitation) applicable to the crop year for which such scheme or device was adopted and the succeeding crop year. -SOURCE- (Pub. L. 99-198, title X, Sec. 1001B, as added Pub. L. 100-203, title I, Sec. 1304(b), Dec. 22, 1987, 101 Stat. 1330-17.) -COD- CODIFICATION Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter. -MISC3- EFFECTIVE DATE Section 1304(b) of Pub. L. 100-203 provided that this section is effective beginning with the 1989 crops. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1308, 1308-4, 1783 of this title. ------DocID 9948 Document 889 of 1400------ -CITE- 7 USC Sec. 1314b-2 -EXPCITE- TITLE 7 CHAPTER 35 SUBCHAPTER II Part B subpart i -HEAD- Sec. 1314b-2. Mandatory sale of certain Burley tobacco acreage allotments and marketing quotas -STATUTE- (a) Sale or forfeiture of marketing quota by institutional farmowners not later than the later of December 1, 1984, or December 1 of year after year in which farm acquired Any person (including, but not limited to, any governmental entity, public utility, educational institution, or religious institution, but not including any individual) which, on or after July 20, 1982 - (1) owns a farm for which a Burley tobacco marketing quota is established under this chapter; and (2) does not use the land on the farm for agricultural purposes, or does not use its Burley marketing quota for educational, instructional, or demonstration purposes; shall sell, not later than December 1, 1984, or December 1 of the year after the year in which the farm is acquired, whichever is later, such quota to an active Burley tobacco producer or any person who intends to become an active Burley tobacco producer, as defined by the Secretary, for use on another farm in the same county or shall forfeit such quota under the procedure specified in subsection (b) of this section. Notwithstanding the foregoing provisions of this subsection, any person to whom this subsection, as in effect prior to November 29, 1983, applies and who - (A) is required to sell or forfeit the marketing quota by December 1, 1983, because the person was not significantly involved in the management or use of the land for agricultural purposes, but (B) would be eligible to retain the marketing quota under this subsection, as amended by the Tobacco Adjustment Act of 1983, may, if the person elects to do so, sell such person's marketing quota if a record of the transfer is filed with the county committee by February 1, 1984. (b) Notice and opportunity for hearing; determination; review (1) If, after notice and an opportunity for a hearing, the county committee of the county referred to in subsection (a) of this section determines that any person knowingly failed to comply with such subsection, then the quota specified in such subsection shall be forfeited and shall be reallocated by such county committee to other active Burley tobacco producers or those intending to become active Burley tobacco producers as defined by the Secretary, for use in such county. (2) Notice of such determination shall be mailed, as soon as practicable, to such person. If such person is dissatisfied with such determination, then such person may request, within fifteen days after notice of such determination is so mailed, a review of such determination by a local review committee under section 1363 of this title. (c) Sale or forfeiture of allotment or quota by subsequent purchaser; notice and opportunity for hearing; determination; review (1) Any person who - (A) acquires any Burley tobacco marketing quota by purchase under subsection (a) of this section; and (B) with respect to any crop of Burley tobacco planted after the date of such acquisition, fails for the five-year period immediately subsequent to the year of such acquisition to share in the risk of producing Burley tobacco under such allotment or quota in the manner specified in paragraph (2) of this subsection; shall sell such quota before the expiration of the eighteen-month period beginning on July 1 of the year in which such crop is planted, or such quota shall be subject to forfeiture under the procedures specified in paragraph (3) of this subsection. (2) For purposes of this subsection, a person shall be considered to have shared in the risk of producing a crop of Burley tobacco if - (A) the investment of such person in the production of such crop is not less than 20 per centum of the proceeds of the sale of such crop; (B) the amount of such person's return on such investment is dependent solely on the sale price of such crop; and (C) such person may not receive any of such return before the sale of such crop. (3)(A) If, after notice and an opportunity for a hearing, the county committee of the county referred to in subsection (a) of this section determines that any person knowingly failed to comply with this subsection, then the quota specified in this subsection shall be forfeited and shall be reallocated by such county committee for use by active Burley tobacco producers or those intending to become active Burley tobacco producers, as defined by the Secretary, for use in such county. (B) Notice of such determination shall be mailed, as soon as practicable, to such person. If such person is dissatisfied with such determination, then such person may request, within fifteen days after notice of such determination is so mailed, a review of such determination by a local review committee under section 1363 of this title. -SOURCE- (Feb. 16, 1938, ch. 30, title III, Sec. 316B, as added July 20, 1982, Pub. L. 97-218, title III, Sec. 302, 96 Stat. 210, and amended Nov. 29, 1983, Pub. L. 98-180, title II, Sec. 207(b), 97 Stat. 1148.) -REFTEXT- REFERENCES IN TEXT The Tobacco Adjustment Act of 1983, referred to in subsec. (a), is title II of Pub. L. 98-180, Nov. 29, 1983, 97 Stat. 1143. For amendment of subsec. (a) of this section by section 207(b) of Pub. L. 98-180, see 1983 Amendment note below. -MISC2- AMENDMENTS 1983 - Subsec. (a). Pub. L. 98-180 substituted in par. (2) 'does not use the land on the farm for agricultural purposes, or does not use its Burley marketing quota for educational, instructional, or demonstration purposes' for 'is not significantly involved in the management or use of land for agricultural purposes' and in provision following par. (2) '1984' for '1983' and inserted in provision following par. (2) provision permitting any person subject to this subsection as in effect prior to Nov. 29, 1983, who would be required to sell or forfeit the marketing quota by Dec. 1, 1983, but would be eligible to retain the marketing quota under this subsection, as amended by the Tobacco Adjustment Act of 1983, to elect to sell the marketing quota if a record of the transfer is filed with the county committee by Feb. 1, 1984. ------DocID 10112 Document 890 of 1400------ -CITE- 7 USC Sec. 1441-2 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1441-2. Loans, payments, and acreage reduction programs for 1991 through 1995 crops of rice -STATUTE- (a) Loans and purchases (1) In general Except as otherwise provided in this subsection, the Secretary shall make available to producers on a farm nonrecourse loans and purchases for each of the 1991 through 1995 crops of rice produced on the farm at a level that is not less than the higher of - (A) 85 percent of the simple average price received by producers, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of rice, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; or (B) $6.50 per hundredweight. (2) Maximum reduction The loan level for any crop of rice determined under paragraph (1) may not be reduced by more than 5 percent from the level determined for the preceding crop. (3) Announcement of loan level and established price The loan and purchase level and the established price for each of the 1991 through 1995 crops of rice shall be announced not later than January 31 of each calendar year for the crop harvested in the calendar year or, in the case of the 1991 crop, as soon as practicable after November 28, 1990. (4) Term A loan made under this subsection shall have a term of not more than 9 months beginning after the month in which the application for the loan is made. (5) Marketing loan provisions (A) In general In order to ensure that a competitive market position is maintained for rice, the Secretary shall permit a producer to repay a loan made under paragraph (1) for a crop at a level that is the lesser of - (i) the loan level determined for the crop; or (ii) the higher of - (I) the loan level determined for the crop multiplied by 70 percent; or (II) the prevailing world market price for rice, as determined by the Secretary. (B) Prevailing world market price The Secretary shall prescribe by regulation - (i) a formula to define the prevailing world market price for rice; and (ii) a mechanism by which the Secretary shall announce periodically the prevailing world market price for rice. (C) Producer purchase of marketing certificates (i) In general As a condition of permitting a producer to repay a loan as provided in subparagraph (A), the Secretary may require a producer to purchase marketing certificates equal in value to an amount that does not exceed one-half the difference, as determined by the Secretary, between the amount of the loan obtained by the producer and the amount of the loan repayment. (ii) Redemption for rice or cash The certificates shall be redeemable for agricultural commodities owned by the Commodity Credit Corporation valued at the prevailing market price, as determined by the Secretary or for cash, under such terms and conditions as the Secretary may prescribe. (iii) Redemption, marketing, or exchange The Commodity Credit Corporation, under regulations prescribed by the Secretary, shall assist any person receiving marketing certificates under this subparagraph in the redemption or marketing or exchange of the certificates at such times, in such manner, and at such price levels as the Secretary determines will best effectuate the purposes of the program established under this section. (iv) Charges If any such certificate is not presented for redemption or marketing within a reasonable number of days after issuance, as determined by the Secretary, reasonable costs of storage and other carrying charges, as determined by the Secretary, shall be deducted from the value of the certificate for the period beginning after the reasonable number of days and ending with the date of the presentation of the certificate to the Commodity Credit Corporation. (v) Designation of commodities and products Insofar as practicable, the Secretary shall permit owners of certificates to designate the commodities and the products thereof, including storage sites thereof, the owners would prefer to receive in exchange for certificates. (vi) Sales price restrictions Notwithstanding any other provision of law, any price restrictions that may otherwise apply to the disposition of agricultural commodities by the Commodity Credit Corporation shall not apply to the redemption of certificates under this subparagraph. (vii) Displacement The Secretary shall take such measures as may be necessary to prevent the marketing or exchange of agricultural commodities and the products thereof for certificates under this subparagraph from adversely affecting the income of producers of the commodities or products. (viii) Transfers Under regulations prescribed by the Secretary, certificates issued under this subparagraph may be transferred to other persons approved by the Secretary. (D) Certificates to maintain competitiveness (i) In general Notwithstanding any other provision of law, whenever, during the period beginning August 1, 1991, and ending July 31, 1996, the prevailing world market price for a class of rice (adjusted to United States quality and location), as determined by the Secretary, is below the current loan repayment rate for that class of rice, to make United States rice competitive in world markets and to maintain and expand exports of rice produced in the United States, the Commodity Credit Corporation shall make payments, through the issuance of marketing certificates, to persons who have entered into an agreement with the Commodity Credit Corporation to participate in the program established under this subparagraph. The payments shall be made in such monetary amounts and subject to such terms and conditions as the Secretary determines will make rice produced in the United States available at competitive prices consistent with the purposes of this subparagraph. (ii) Value The value of each certificate issued under this subparagraph shall be based on the difference between - (I) the loan repayment rate for the class of rice; and (II) the prevailing world market price for the class of rice, as determined by the Secretary. (iii) Terms and conditions of certificates Marketing certificates issued under this subparagraph shall be subject to the same terms and conditions as certificates issued under subparagraph (C). (6) Simple average price For purposes of this section, the simple average price received by producers for the immediately preceding marketing year shall be based on the latest information available to the Secretary at the time of the determination. (b) Loan deficiency payments (1) In general The Secretary shall, for each of the 1991 through 1995 crops of rice, make payments (hereafter in this section referred to as 'loan deficiency payments') available to producers who, although eligible to obtain a loan or purchase agreement under subsection (a) of this section, agree to forgo obtaining the loan or agreement in return for payments under this subsection. (2) Computation A payment under this subsection shall be computed by multiplying - (A) the loan payment rate; by (B) the quantity of rice the producer is eligible to place under loan (or obtain a purchase agreement) but for which the producer forgoes obtaining the loan or agreement in return for payments under this subsection. (3) Loan payment rate For purposes of this subsection, the loan payment rate shall be the amount by which - (A) the loan level determined for the crop under subsection (a) of this section; exceeds (B) the level at which a loan may be repaid under subsection (a) of this section. (4) Marketing certificates The Secretary may make up to one-half the amount of a payment under this subsection available in the form of marketing certificates, subject to the terms and conditions provided in subsection (a)(5)(C) of this section. (c) Payments (1) Deficiency payments (A) In general The Secretary shall make available to producers payments (hereafter in this section referred to as 'deficiency payments') for each of the 1991 through 1995 crops of rice in an amount computed by multiplying - (i) the payment rate; by (ii) the payment acres for the crop; by (iii) the farm program payment yield established for the crop for the farm. (B) Payment rate (i) Payment rate for 1991 through 1993 crops The payment rate for each of the 1991 through 1993 crops of rice shall be the amount by which the established price for the crop of rice exceeds the higher of - (I) the national average market price received by producers during the first 5 months of the marketing year for the crop, as determined by the Secretary; or (II) the loan level determined for the crop. (ii) Payment rate of 1994 and 1995 crops The payment rate for each of the 1994 and 1995 crops of rice shall be the amount by which the established price for the crop of rice exceeds the higher of - (I) the lesser of - (aa) the national average market price received by producers during the calendar year that contains the first 5 months of the marketing year for the crop, as determined by the Secretary; or (bb) the national average market price received by producers during the first 5 months of the marketing year for the crop, as determined by the Secretary, plus an appropriate amount that is fair and equitable in relation to wheat and feed grains (as determined by the Secretary); or (II) the loan level determined for the crop. (ii) (FOOTNOTE 1) Minimum established price (FOOTNOTE 1) So in original. Probably should be '(iii)'. The established price for rice shall not be less than $10.71 per hundredweight for each of the 1991 through 1995 crops. (C) Payment acres Payment acres for a crop shall be the lesser of - (i) the number of acres planted to the crop for harvest within the permitted acreage; or (ii) 85 percent of the crop acreage base for the crop for the farm less the quantity of reduced acreage (as determined under subsection (e)(2)(D) of this section). (D) 50/92 program (i) In general If an acreage limitation program under subsection (e)(2) of this section is in effect for a crop of rice and the producers on a farm devote a portion of the maximum payment acres for rice as calculated under subparagraph (C)(ii) for equal to more than 8 percent of such rice acreage of the farm for the crop to conservation uses (except as provided in subparagraph (E)) - (I) such portion of the maximum payment acres in excess of 8 percent of such acreage devoted to conservation uses (except as provided in subparagraph (E)) shall be considered to be planted to rice for the purpose of determining the acreage on the farm required to be devoted to conservation uses in accordance with subsection (e)(2)(D) of this section; and (II) the producers shall be eligible for payments under this paragraph with respect to such acreage, subject to the compliance of the producers with clause (ii). (ii) Minimum planting requirement To be eligible for payments under clause (i), except as provided in clauses (iv) and (v), the producers on a farm must actually plant rice for harvest on at least 50 percent of the maximum payment acres for rice for the farm. (iii) Deficiency payments Notwithstanding any other provision of this section, any producer who devotes a portion of the maximum payment acres for rice for the farm to conservation uses (or other uses as provided in subparagraph (E)) under this subparagraph shall receive deficiency payments on the acreage that is considered to be planted to rice and eligible for payments under this subparagraph for the crop at a per-hundredweight rate established by the Secretary, except that the rate may not be established at less than the projected deficiency payment rate for the crop, as determined by the Secretary. Such projected payment rate for the crop shall be announced by the Secretary prior to the period during which rice producers may agree to participate in the program for the crop. (iv) Quarantines If a State or local agency has imposed in an area of a State or county a quarantine on the planting of rice for harvest on farms in the area, the State committee established under section 590h(b) of title 16 may recommend to the Secretary that payments be made under this paragraph, without regard to the requirement imposed under clause (ii), to producers in the area who were required to forgo the planting of rice for harvest on acreage to alleviate or eliminate the condition requiring the quarantine. If the Secretary determines that the condition exists, the Secretary may make payments under this paragraph to the producers. To be eligible for payments under this clause, the producers must devote the acreage to conservation uses (except as provided in subparagraph (E)). (v) Prevented planting If an acreage limitation program under subsection (e) of this section is in effect for any crop of rice and if the Secretary determines that producers on a farm are prevented from planting the acreage intended for rice to rice because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the Secretary shall make available to such producers payments under this subparagraph without regard to the requirement imposed under clause (ii). To be eligible for payments under this clause, the producers must devote the acreage to conservation uses (except as provided in subparagraph (E)). Any such acreage shall be considered to be planted to rice. (vi) Crop acreage and payment yield The rice crop acreage base and rice farm program payment yield of the farm shall not be reduced due to the fact that a portion of the permitted rice acreage of the farm was devoted to conserving uses (except as provided in subparagraph (E)) under this subparagraph. (vii) Limitation Other than as provided in clauses (i) through (vi), payments may not be made under this paragraph for any crop on a greater acreage than the acreage actually planted to rice. (viii) Conservation use acreage under other programs Any acreage considered to be planted to rice in accordance with clauses (i) and (vi) may not also be designated as conservation use acreage for the purpose of fulfilling any provisions under any acreage limitation or land diversion program requiring that the producers devote a specified acreage to conservation uses. (E) Alternative crops The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (D) to be devoted to sweet sorghum, guar, sesame, castor beans, crambe, plantago ovato, triticale, rye, mung beans, commodities for which no substantial domestic production or market exists but that could yield industrial raw material being imported, or likely to be imported, into the United States, or commodities grown for experimental purposes (including kenaf and milkweed), subject to the following sentence. The Secretary may permit the acreage to be devoted to the production only if the Secretary determines that - (i) the production is not likely to increase the cost of the price support program and will not affect farm income adversely; and (ii) the production is needed to provide an adequate supply of the commodity, or, in the case of commodities for which no substantial domestic production or market exists but that could yield industrial raw materials, the production is needed to encourage domestic manufacture of the raw material and could lead to increased industrial use of the raw material to the long-term benefit of United States industry. (F) Reduction for disaster payments The total quantity of rice on which payments would otherwise be payable to a producer on a farm for any crop under this paragraph shall be reduced by the quantity on which any disaster payment is made to the producer for the crop under paragraph (2). (2) Disaster payments (A) Prevented planting Except as provided in subparagraph (C), if the Secretary determines that the producers on a farm are prevented from planting any portion of the acreage intended for rice to rice or other nonconserving crops because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the Secretary shall make a prevented planting disaster payment to the producers in an amount equal to the product obtained by multiplying - (i) the number of acres so affected but not to exceed the acreage planted to rice for harvest (including any acreage that the producers were prevented from planting to rice or other nonconserving crops in lieu of rice because of drought, flood, or other natural disaster, or other condition beyond the control of the producers) in the immediately preceding year; by (ii) 75 percent of the farm program payment yield established for the farm by the Secretary; by (iii) a payment rate equal to 33 1/3 percent of the established price for the crop. (B) Reduced yields Except as provided in subparagraph (C), if the Secretary determines that because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the total quantity of rice that the producers are able to harvest on any farm is less than the result of multiplying 75 percent of the farm program payment yield established by the Secretary for the crop by the acreage planted for harvest for the crop, the Secretary shall make a reduced yield disaster payment to the producers at a rate equal to 33 1/3 percent of the established price for the crop for the deficiency in production below 75 percent for the crop. (C) Crop insurance Producers on a farm shall not be eligible for - (i) prevented planting disaster payments under subparagraph (A), if prevented planting crop insurance is available to the producers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) with respect to the rice acreage of the producers; or (ii) reduced yield disaster payments under subparagraph (B), if reduced yield crop insurance is available to the producers under such Act with respect to the rice acreage of the producers. (D) Administration (i) Economic emergencies Notwithstanding subparagraph (C), the Secretary may make a disaster payment to the producers on a farm under this paragraph if the Secretary determines that - (I) as the result of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the producers have suffered substantial losses of production either from being prevented from planting rice or other nonconserving crops or from reduced yields; (II) the losses have created an economic emergency for the producers; (III) crop insurance indemnity payments under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and other forms of assistance made available by the Federal Government to the producers for the losses are insufficient to alleviate the economic emergency; and (IV) additional assistance must be made available to the producers to alleviate the economic emergency. (ii) Adjustments The Secretary may make such adjustments in the amount of payments made available under this paragraph with respect to an individual farm as necessary to ensure the equitable allotment of the payments among producers, taking into account other forms of Federal disaster assistance provided to the producers for the crop involved. (d) Payment yields The farm program payment yields for farms for each crop of rice shall be determined under subchapter IV of this chapter. (e) Acreage reduction programs (1) In general (A) Establishment Notwithstanding any other provision of this Act, if the Secretary determines that the total supply of rice, in the absence of an acreage limitation program, will be excessive taking into account the need for an adequate carry-over to maintain reasonable and stable supplies and prices and to meet a national emergency, the Secretary may provide for any crop of rice an acreage limitation program as described in paragraph (2). (B) Agricultural resources conservation program In making a determination under subparagraph (A), the Secretary shall take into consideration the number of acres placed in the agricultural resources conservation program established under subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.). (C) Announcements If the Secretary elects to implement an acreage limitation program for any crop year, the Secretary shall announce any such program not later than January 31 of the calendar year in which the crop is harvested, except that in the case of the 1991 crop, the Secretary shall announce the program as soon as practicable after November 28, 1990. (D) Carry-over The Secretary shall carry out an acreage limitation program described in paragraph (2) for a crop of rice in a manner that will result in carry-over stocks equal to 16.5 to 20 percent of the simple average of the total disappearance of rice for each of the 3 marketing years preceding the year for which the announcement is made. For the purpose of this subparagraph, the term 'total disappearance' means all rice utilization, including total domestic, total export, and total residual disappearance. (2) Acreage limitation program (A) Percentage reductions Except as provided in paragraph (3), if a rice acreage limitation program is announced under paragraph (1), such limitation shall be achieved by applying a uniform percentage reduction (from 0 to 35 percent) to the rice crop acreage base for the crop for each rice-producing farm. (B) Compliance Except as provided in section 1464 of this title, producers who knowingly produce rice in excess of the permitted rice acreage for the farm, as established in accordance with subparagraph (A), shall be ineligible for rice loans, purchases, and payments with respect to that farm. (C) Crop acreage bases Rice crop acreage bases for each crop of rice shall be determined under subchapter IV of this chapter. (D) Acreage devoted to conservation uses A number of acres on the farm shall be devoted to conservation uses, in accordance with regulations issued by the Secretary. Such number shall be determined by multiplying the rice crop acreage base by the percentage reduction required by the Secretary. The number of acres so determined is hereafter in this subsection referred to as 'reduced acreage'. The remaining acreage is hereafter in this subsection referred to as 'permitted acreage'. Permitted acreage may be adjusted by the Secretary as provided in paragraph (3) and in section 1464 of this title. (E) Individual farm program acreage Except as otherwise provided in subsection (c) of this section, the individual farm program acreage shall be the acreage planted on the farm to rice for harvest within the permitted rice acreage for the farm as established under this paragraph. (F) Planting designated crops on reduced acreage (i) 'Designated crop' defined As used in this subparagraph, the term 'designated crop' means a crop defined in section 1464(b)(1) of this title, excluding any program crop as defined in section 1462(3) of this title. (ii) In general Subject to clause (iii), the Secretary may permit producers on a farm to plant a designated crop on no more than one-half of the reduced acreage on the farm. (iii) Limitations If the producers on a farm elect to plant a designated crop on reduced acreage under this subparagraph - (I) the amount of the deficiency payment that the producers are otherwise eligible to receive under subsection (c) of this section shall be reduced, for each acre (or portion thereof) that is planted to the designated crop, by an amount equal to the deficiency payment that would be made with respect to a number of acres of the crop that the Secretary considers appropriate, except that if the producers on the farm are participating in a program established for more than one program crop, the amount of the reduction shall be determined by prorating the reduction based on the acreage planted or considered planted on the farm to all of such program crops; and (II) the Secretary shall ensure that reductions in deficiency payments under subclause (I) are sufficient to ensure that this subparagraph will result in no additional cost to the Commodity Credit Corporation. (3) Targeted option payments (A) In general Notwithstanding any other provision of this section, if the Secretary implements an acreage limitation program with respect to any of the 1991 through 1995 crops of rice and announces an acreage limitation percentage of 20 percent or less, the Secretary may make available to producers on a farm who do not receive payments under subsection (c)(1)(D) of this section for such crop on the farm, adjustments in the level of deficiency payments that would otherwise be made available to the producers if the producers exercise the payment options provided in this paragraph. (B) Payment options If the Secretary elects to carry out this paragraph, the Secretary shall make the payment options specified in subparagraphs (C) and (D) available to producers who agree to make adjustments in the quantity of acreage diverted from the production of rice under an acreage limitation program in accordance with this paragraph. (C) Increased acreage limitation option (i) Increase in established price If the Secretary elects to carry out this paragraph, a producer shall be eligible to receive an increase in the established price for rice under clause (ii) if the producer agrees to an increase in the acreage limitation percentage to be applied to the producers' rice acreage base above the acreage limitation percentage announced by the Secretary. (ii) Method of calculation For the purposes of calculating deficiency payments to be made available to producers who participate in the program under this paragraph, the Secretary shall increase the established price for rice by an amount determined by the Secretary, but not less than 0.5 percent, nor more than 1 percent, for each 1 percentage point increase in the acreage limitation percentage applied to the producers' rice acreage base. (iii) Limitation The acreage limitation percentage to be applied to the producers' rice acreage base shall not be increased by more than 5 percentage points above the acreage limitation percentage announced by the Secretary. (iv) Adjustment for underplantings In determining the increased acreage limitation percentage that is applied to the producer's rice acreage base under this paragraph, the Secretary shall exclude an amount of acreage equal to the average difference between the producer's permitted rice acreage and the acreage actually planted (including acreage devoted to conserving uses under subsection (c)(1)(D) of this section) to rice for harvest during the previous 2 years. (D) Decreased acreage limitation option (i) Decrease in acreage limitation requirement If the Secretary elects to carry out this paragraph, a producer shall be eligible to decrease the acreage limitation percentage applicable to the producers' rice acreage base (as announced by the Secretary) if the producer agrees to a decrease in the established price for rice under clause (ii) for the purpose of calculating deficiency payments to be made available to the producer. (ii) Method of calculation For the purposes of calculating deficiency payments to be made available to producers who choose the option set forth in this subparagraph, the Secretary shall decrease the established price for rice by an amount to be determined by the Secretary, but not less than 0.5 percent, nor more than 1 percent, for each 1 percentage point decrease in the acreage limitation percentage applied to the producers' rice acreage base. (iii) Limitation A producer may not choose to decrease the acreage limitation percentage applicable to the producers' rice acreage base under this paragraph by more than one-half of the announced acreage limitation percentage. (E) Participation and production effects Notwithstanding any other provision of this paragraph, the Secretary shall, to the extent practicable, ensure that the program provided for in this paragraph does not have a significant effect on program participation or total production and shall be offered in such a manner that the Secretary determines will result in no additional budget outlays. The Secretary shall provide an analysis of the Secretary's determination to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (4) Administration (A) Protection from weeds and erosion The regulations issued by the Secretary under paragraph (2) with respect to acreage required to be devoted to conservation uses shall assure protection of the acreage from weeds and wind and water erosion. (B) Annual or perennial cover (i) In general Except as provided in paragraph (2), a producer who participates in an acreage reduction program established for a crop of rice under this subsection shall be required to plant to an annual or perennial cover 50 percent (or more, at the option of the producer) of the acreage that is required to be removed from the production of rice, but not to exceed 5 percent (or more, at the option of the producer) of the crop acreage base established for the crop. This requirement shall not apply with respect to arid areas (including summer fallow areas), as determined by the Secretary. (ii) Multiyear program (I) Cost-share assistance If a producer elects to establish a perennial cover capable of improving water quality or wildlife habitat on the acreage, the Commodity Credit Corporation shall make available cost-share assistance for 25 percent of the approved cost of establishing the cover on not more than 50 percent of the acreage that is required to be diverted from production, but not to exceed 5 percent (or more, at the option of the producer) of the crop acreage base established for a crop. (II) Agreement of producer If a producer elects to establish a perennial cover on the acreage under this subparagraph and receives cost-share assistance from the Corporation with respect to the cover, the producer, under such terms and conditions as may be prescribed by the Secretary, taking into consideration guidelines established by the State technical committees established in subtitle G of title XII of the Food Security Act of 1985 (16 U.S.C. 3861 et seq.), shall agree to maintain the perennial cover for a minimum of 3 years. (iii) Conserving crops The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of the acreage to be devoted to sweet sorghum, guar, sesame, castor beans, crambe, plantago ovato, triticale, rye, mung beans, milkweed, or other commodity, if the Secretary determines that the production is needed to provide an adequate supply of the commodities, is not likely to increase the cost of the price support program, and will not affect farm income adversely. (C) Haying and grazing (i) In general Except as provided in clause (ii), haying and grazing of reduced acreage, acreage devoted to a conservation use under subsection (c)(1)(D) of this section, and acreage diverted from production under a land diversion program established under this section shall be permitted, except during any consecutive 5-month period that is established by the State committee established under section 590h(b) of title 16 for a State. The 5-month period shall be established during the period beginning April 1, and ending October 31, of a year. (ii) Natural disasters In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on the acreage. The Secretary may not exclude irrigated or irrigable acreage not planted in alfalfa when exercising the authority under this clause. (D) Water storage uses (i) In general The regulations issued by the Secretary under paragraph (2) with respect to acreage required to be devoted to conservation uses shall provide that land that has been converted to water storage uses shall be considered to be devoted to conservation uses if the land was devoted to wheat, feed grains, cotton, rice, or oilseeds in at least 3 of the immediately preceding 5 years. The land shall be considered to be devoted to conservation uses for the period that the land remains in water storage uses, but not to exceed 5 years subsequent to its conversion to water storage uses. (ii) Limitations Land converted to water storage uses for the purposes of this subparagraph may not be devoted to any commercial use, including commercial fish production. The water stored on the land may not be ground water. The farm on which the land is located must have been irrigated with ground water during at least 1 of the preceding 5 crop years. (5) Land diversion program (A) In general The Secretary may make land diversion payments to producers of rice, whether or not an acreage limitation program for rice is in effect, if the Secretary determines that the land diversion payments are necessary to assist in adjusting the total national acreage of rice to desirable goals. The land diversion payments shall be made to producers who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in accordance with land diversion contracts entered into by the Secretary with the producers. (B) Amounts The amounts payable to producers under land diversion contracts may be determined through the submission of bids for the contracts by producers in such manner as the Secretary may prescribe or through such other means as the Secretary determines appropriate. In determining the acceptability of contract offers, the Secretary shall take into consideration the extent of the diversion to be undertaken by the producers and the productivity of the acreage diverted. (C) Limitation on diverted acreage The Secretary shall limit the total acreage to be diverted under agreements in any county or local community so as not to affect adversely the economy of the county or local community. (6) Conservation practices (A) Wildlife food plots or habitat The reduced acreage and additional diverted acreage may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildlife agencies. The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of this subparagraph. (B) Public access The Secretary may provide for an additional payment on the acreage in an amount determined by the Secretary to be appropriate in relation to the benefit to the general public if the producer agrees to permit, without other compensation, access to all or such portion of the farm, as the Secretary may prescribe, by the general public, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. (7) Participation agreements (A) In general Producers on a farm desiring to participate in the program conducted under this subsection shall execute an agreement with the Secretary providing for the participation not later than such date as the Secretary may prescribe. (B) Modification or termination The Secretary may, by mutual agreement with producers on a farm, modify or terminate any such agreement if the Secretary determines the action necessary because of an emergency created by drought or other disaster or to prevent or alleviate a shortage in the supply of agricultural commodities. The Secretary may modify the agreement under this subparagraph for the purpose of alleviating a shortage in the supply of agricultural commodities only if there has been a significant change in the estimated stocks of the commodity since the Secretary announced the final terms and conditions of the program for the crop of rice. (f) Inventory reduction payments (1) In general The Secretary may, for each of the 1991 through 1995 crops of rice, make payments available to producers who meet the requirements of this subsection. (2) Form The payments may be made in the form of marketing certificates. (3) Payments (A) In general Payments under this subsection shall be determined in the same manner as provided in subsection (b) of this section. (B) Quantity of rice made available The quantity of rice to be made available to a producer under this subsection shall be equal in value to the payments so determined under this subsection. (4) Eligibility A producer shall be eligible to receive a payment under this subsection for a crop if the producer - (A) agrees to forgo obtaining a loan or purchase agreement under subsection (a) of this section; (B) agrees to forgo receiving payments under subsection (c) of this section; (C) does not plant rice for harvest in excess of the crop acreage base reduced by one-half of any acreage required to be diverted from production under subsection (e) of this section; and (D) otherwise complies with this section. (g) Equitable relief (1) Loans and payments If the failure of a producer to comply fully with the terms and conditions of the program conducted under this section precludes the making of loans, purchases, and payments, the Secretary may, nevertheless, make such loans, purchases, and payments in such amounts as the Secretary determines are equitable in relation to the seriousness of the failure. The Secretary may consider whether the producer made a good faith effort to comply fully with the terms and conditions of the program in determining whether equitable relief is warranted under this paragraph. (2) Deadlines and program requirements The Secretary may authorize the county and State committees established under section 590h(b) of title 16 to waive or modify deadlines and other program requirements in cases in which lateness or failure to meet the other requirements does not affect adversely the operation of the program. (h) Regulations The Secretary may issue such regulations as the Secretary determines necessary to carry out this section. (i) Commodity Credit Corporation The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation. (j) Assignment of payments The provisions of section 590h(g) of title 16 (relating to assignment of payments) shall apply to payments under this section. (k) Sharing of payments The Secretary shall provide for the sharing of payments made under this section for any farm among the producers on the farm on a fair and equitable basis. (l) Tenants and sharecroppers The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. (m) Cross-compliance (1) In general Compliance on a farm with the terms and conditions of any other commodity program, or compliance with crop acreage base requirements for any other commodity, may not be required as a condition of eligibility for loans, purchases, or payments under this section. (2) Compliance on other farms The Secretary may not require producers on a farm, as a condition of eligibility for loans, purchases, or payments under this section for the farm, to comply with the terms and conditions of the rice program with respect to any other farm operated by the producers. (n) Crops Notwithstanding any other provision of law, this section shall be effective only for the 1991 through 1995 crops of rice. -SOURCE- (Oct. 31, 1949, ch. 792, title I, Sec. 101B, as added Nov. 28, 1990, Pub. L. 101-624, title VI, Sec. 601, 104 Stat. 3443, and amended Nov. 5, 1990, Pub. L. 101-508, title I, Sec. 1101(d), 1102(c), 104 Stat. 1388-1, 1388-2.) -REFTEXT- REFERENCES IN TEXT The Federal Crop Insurance Act, referred to in subsec. (c)(2)(C), (D)(i)(III), is title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, as amended, which is classified generally to chapter 36 (Sec. 1501 et seq.) of this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables. This Act, referred to in subsec. (e)(1)(A), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, known as the Agricultural Act of 1949, which is classified principally to this chapter (Sec. 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. The Food Security Act of 1985, referred to in subsec. (e)(1)(B), (4)(B)(ii)(II), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Subtitles D and G of title XII of the Act are classified generally to subchapters IV (Sec. 3831 et seq.) and VII (Sec. 3861 et seq.), respectively, of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables. -MISC2- AMENDMENTS 1990 - Subsec. (c)(1)(B)(ii). Pub. L. 101-508, Sec. 1102(c), which directed the general amendment of cl. (ii) was executed by substituting the new provisions relating to payment rate for 1994 and 1995 crops for the cl. (ii) relating to payment rate for 1994 and 1995 crops, as the probable intent of Congress. Prior to amendment, cl. (ii) read as follows: 'Payment rate of 1994 and 1995 crops. - The payment rate for the 1994 and 1995 crops of rice shall be determined in accordance with clause (i).' Subsec. (c)(1)(C)(ii). Pub. L. 101-508, Sec. 1101(d), substituted '85 percent' for '100 percent'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101-508, set out as a note under section 511r of this title. EFFECTIVE DATE Section effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101-624, set out as an Effective Date of 1990 Amendment note under section 1421 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1308, 1426, 1463, 5822 of this title. ------DocID 10118 Document 891 of 1400------ -CITE- 7 USC Sec. 1444-2 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1444-2. Loans, payments, and acreage reduction programs for 1991 through 1995 crops of upland cotton -STATUTE- (a) Loans (1) In general Except as otherwise provided in this subsection, the Secretary shall, on presentation of warehouse receipts or other acceptable evidence of title, as determined by the Secretary, reflecting accrued storage charges of not more than 60 days, make available for the 1991 through 1995 crops of upland cotton to producers on a farm nonrecourse loans for upland cotton produced on the farm for a term of 10 months from the first day of the month in which the loan is made at such loan level, per pound, as will reflect for the base quality of upland cotton, as determined by the Secretary, at average location in the United States a level that is not less than the smaller of - (A) 85 percent of the average price (weighted by market and month) of the base quality of cotton as quoted in the designated United States spot markets during 3 years of the 5-year period ending July 31 in the year in which the loan level is announced, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; or (B) 90 percent of the average, for the 15-week period beginning July 1 of the year in which the loan level is announced, of the 5 lowest-priced growths of the growths quoted for Middling one and three-thirty-seconds inch cotton C.I.F. Northern Europe (adjusted downward by the average difference during the period April 15 through October 15 of the year in which the loan is announced between the average Northern European price quotation of such quality of cotton and the market quotations in the designated United States spot markets for the base quality of upland cotton, as determined by the Secretary. (FOOTNOTE 1) (FOOTNOTE 1) So in original. A closing parenthesis probably should precede the period. (2) Adjustments to loan level (A) Limitation on decrease in loan level The loan level for any crop determined under paragraph (1) may not be reduced by more than 5 percent from the level determined for the preceding crop, and may not be reduced below 50 cents per pound. (B) Limitation on increase in loan level If for any crop the average Northern European price determined under paragraph (1)(B) is less than the average United States spot market price determined under paragraph (1)(A), the Secretary may increase the loan level to such level as the Secretary may consider appropriate, not in excess of the average United States spot market price determined under paragraph (1)(A). (3) Announcement of loan level The loan level for any crop of upland cotton shall be determined and announced by the Secretary not later than November 1 of the calendar year preceding the marketing year for which the loan is to be effective or, in the case of the 1991 crop, as soon as is practicable after November 28, 1990. The loan level shall not thereafter be changed. (4) Extension of loan period (A) In general Except as provided in subparagraph (B), nonrecourse loans provided for in this section shall, on request of the producer during the 10th month of the loan period for the cotton, be made available for an additional term of 8 months. (B) Limitation A request to extend the loan period shall not be approved in any month in which the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for the preceding month exceeded 130 percent of the average price of such base quality of cotton in the designated United States spot markets for the preceding 36-month period. (5) Marketing loan provisions (A) In general If the Secretary determines that the prevailing world market price for upland cotton (adjusted to United States quality and location) is below the loan level determined under the foregoing provisions of this subsection, in order to make United States upland cotton competitive in world markets, the Secretary shall permit a producer to repay a loan made for any crop at - (i) a level that is the lesser of - (I) the loan level determined for the crop; or (II) the higher of - (aa) the loan level determined for the crop multiplied by 70 percent; or (bb) the prevailing world market price for upland cotton (adjusted to United States quality and location), as determined by the Secretary; or (ii) such other level (not in excess of the loan level determined for the crop nor less than 70 percent of such loan level) that the Secretary determines will - (I) minimize potential loan forfeitures; (II) minimize the accumulation of cotton stocks by the Federal Government; (III) minimize the cost incurred by the Federal Government in storing cotton; and (IV) allow cotton produced in the United States to be marketed freely and competitively, both domestically and internationally. (B) First handler marketing certificates (i) In general During the period beginning August 1, 1991, and ending July 31, 1996, if a program carried out under subparagraph (A) or subsection (b) of this section fails to make United States upland cotton fully competitive in world markets and the prevailing world market price of upland cotton (adjusted to United States quality and location), as determined by the Secretary, is below the current loan repayment rate for upland cotton determined under subparagraph (A), to make United States upland cotton competitive in world markets and to maintain and expand domestic consumption and exports of upland cotton produced in the United States, the Secretary shall provide for the issuance of marketing certificates in accordance with this subparagraph. (ii) Payments The Commodity Credit Corporation, under such regulations as the Secretary may prescribe, shall make payments, through the issuance of marketing certificates, to first handlers of cotton (persons regularly engaged in buying or selling upland cotton) who have entered into an agreement with the Commodity Credit Corporation to participate in the program established under this subparagraph. The payments shall be made in such monetary amounts and subject to such terms and conditions as the Secretary determines will make upland cotton produced in the United States available at competitive prices, consistent with the purposes of this subparagraph. (iii) Value The value of each certificate issued under clause (ii) shall be based on the difference between - (I) the loan repayment rate for upland cotton; and (II) the prevailing world market price of upland cotton (adjusted to United States quality and location), as determined by the Secretary. (iv) Redemption, marketing, or exchange The Commodity Credit Corporation, under regulations prescribed by the Secretary, may assist any person receiving marketing certificates under this subparagraph in the redemption of certificates for cash, or marketing or exchange of the certificates for agricultural commodities or products owned by the Commodity Credit Corporation, at such times, in such manner, and at such price levels as the Secretary determines will best effectuate the purposes of the program established under this subparagraph. Any price restrictions that may otherwise apply to the disposition of agricultural commodities by the Commodity Credit Corporation shall not apply to the redemption of certificates under this subparagraph. (v) Designation of commodities and products; charges Insofar as practicable, the Secretary shall permit owners of certificates to designate the commodities and the products thereof, including storage sites thereof, the owners would prefer to receive in exchange for certificates. If any certificate is not presented for redemption, marketing, or exchange within a reasonable number of days after the issuance of the certificate (as determined by the Secretary), reasonable costs of storage and other carrying charges, as determined by the Secretary, shall be deducted from the value of the certificate for the period beginning after the reasonable number of days and ending with the date of the presentation of the certificate to the Commodity Credit Corporation. (vi) Displacement The Secretary shall take such measures as may be necessary to prevent the marketing or exchange of agricultural commodities and products for certificates under this subsection from adversely affecting the income of producers of the commodities or products. (vii) Transfers Under regulations prescribed by the Secretary, certificates issued to cotton handlers under this subparagraph may be transferred to other handlers and persons approved by the Secretary. (C) Prevailing world market price (i) In general The Secretary shall prescribe by regulation - (I) a formula to define the prevailing world market price for upland cotton (adjusted to United States quality and location); and (II) a mechanism by which the Secretary shall announce periodically the prevailing world market price for upland cotton (adjusted to United States quality and location). (ii) Use The prevailing world market price for upland cotton (adjusted to United States quality and location) established under this subparagraph shall be used under subparagraphs (A) and (B). (D) Adjustment of prevailing world market price (i) In general During the period beginning August 1, 1991, and ending July 31, 1996, the prevailing world market price for upland cotton (adjusted to United States quality and location) established under subparagraph (C) shall be further adjusted if - (I) the adjusted prevailing world market price is less than 115 percent of the current crop year loan level for the base quality of upland cotton, as determined by the Secretary; and (II) the Friday through Thursday average price quotation for the lowest-priced United States growth as quoted for Middling (M) one and three-thirty seconds inch cotton delivered C.I.F. Northern Europe is greater than the Friday through Thursday average price of the five lowest-priced growths of upland cotton, as quoted for Middling (M) one and three-thirty seconds inch cotton, delivered C.I.F. Northern Europe (hereafter in this subsection referred to as the 'Northern Europe price'). (ii) Further adjustment Except as provided in clause (iii), the adjusted prevailing world market price shall be further adjusted on the basis of some or all of the following data, as available: (I) The United States share of world exports. (II) The current level of cotton export sales and cotton export shipments. (III) Other data determined by the Secretary to be relevant in establishing an accurate prevailing world market price for upland cotton (adjusted to United States quality and location). (iii) Limitation on further adjustment The adjustment under clause (ii) may not exceed the difference between - (I) the Friday through Thursday average price for the lowest-priced United States growth as quoted for Middling one and three-thirty seconds inch cotton delivered C.I.F. Northern Europe; and (II) the Northern Europe price. (E) Cotton user marketing certificates (i) Issuance During the period beginning August 1, 1991, and ending July 31, 1996, if for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) one and three-thirty seconds inch cotton, delivered C.I.F. Northern Europe exceeds the Northern Europe price by more than 1.25 cents per pound, the Secretary shall issue marketing certificates to domestic users or exporters for documented sales made in the week following such consecutive 4-week period. (ii) Value The value of the marketing certificates shall be based on the amount of the difference (reduced by 1.25 cents per pound) in such prices during the 4th week of the consecutive 4-week period multiplied by the quantity of upland cotton included in the documented sales. (iii) Administration Clauses (iv) through (vii) of subparagraph (B) shall apply to marketing certificates issued under this subparagraph. Any such certificates may be transferred to other persons in accordance with regulations issued by the Secretary. (F) Special import quota (i) Establishment The President shall, within 180 days after November 28, 1990, establish an import quota program which shall provide that, during the period beginning August 1991 and ending July 31, 1996, whenever the Secretary determines and announces that for any consecutive 10-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) one and three-thirty seconds inch cotton, delivered C.I.F. Northern Europe, adjusted for the value of any certificates issued under subparagraph (E), exceeds the Northern Europe price by more than 1.25 cents per pound, there shall immediately be in effect a special limited global import quota. (ii) Quantity The quota shall be equal to 1 week's consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the most recent 3 months for which data are available. (iii) Application The quota shall apply to upland cotton purchased not later than 90 days after the date of the Secretary's announcement under clause (i) and entered into the United States not later than 180 days after such date. (iv) Overlap A special quota period may be established that overlaps any existing quota period if required by clause (i), except that a special quota period may not be established under this paragraph if a special quota period has been established under subsection (n) of this section. (6) Recourse loans for seed cotton In order to encourage and assist producers in the orderly ginning and marketing of their production of upland cotton, the Secretary shall make recourse loans available to such producers on seed cotton in accordance with authority vested in the Secretary under the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.). (b) Loan deficiency payments (1) In general The Secretary shall, for each of the 1991 through 1995 crops of upland cotton, make payments (hereafter in this section referred to as 'loan deficiency payments') available to producers who, although eligible to obtain a loan under subsection (a) of this section, agree to forgo obtaining the loan in return for payments under this subsection. (2) Computation A payment under this subsection shall be computed by multiplying - (A) the loan payment rate; by (B) the quantity of upland cotton the producer is eligible to place under loan but for which the producer forgoes obtaining the loan in return for payments under this subsection. (3) Loan payment rate For purposes of this subsection, the loan payment rate shall be the amount by which - (A) the loan level determined for the crop under subsection (a) of this section; exceeds (B) the level at which a loan may be repaid under subsection (a) of this section. (4) Marketing certificates The Secretary may make up to one-half the amount of a payment under this subsection available in the form of marketing certificates, subject to the terms and conditions provided in subsection (a)(5)(B) of this section. (c) Payments (1) Deficiency payments (A) In general The Secretary shall make available to producers payments (hereafter in this section referred to as 'deficiency payments') for each of the 1991 through 1995 crops of upland cotton in an amount computed by multiplying - (i) the payment rate; by (ii) the payment acres for the crop; by (iii) the farm program payment yield established for the crop for the farm. (B) Payment rate (i) In general The payment rate for upland cotton shall be the amount by which the established price for the crop of upland cotton exceeds the higher of - (I) the national average market price received by producers during the calendar year that includes the first 5 months of the marketing year for the crop, as determined by the Secretary; or (II) the loan level determined for the crop. (ii) Minimum established price The established price for upland cotton shall not be less than $0.729 per pound for each of the 1991 through 1995 crops. (C) Payment acres Payment acres for a crop shall be the lesser of - (i) the number of acres planted to the crop for harvest within the permitted acreage; or (ii) 85 percent of the crop acreage base for the crop for the farm less the quantity of reduced acreage (as determined under subsection (e)(2)(D) of this section). (D) 50/92 program (i) In general If an acreage limitation program under subsection (e)(2) of this section is in effect for a crop of upland cotton and the producers on a farm devote a portion of the maximum payment acres for upland cotton as calculated under subparagraph (C)(ii) of the farm equal to more than 8 percent of such upland cotton acreage of the farm for the crop to conservation uses (except as provided in subparagraph (E)) - (I) such portion of the maximum payment acres in excess of 8 percent of such acreage devoted to conservation uses (except as provided in subparagraph (E)) shall be considered to be planted to upland cotton for the purpose of determining the acreage on the farm required to be devoted to conservation uses in accordance with subsection (e)(2)(D) of this section; and (II) the producers shall be eligible for payments under this paragraph with respect to such acreage, subject to the compliance of the producers with clause (ii). (ii) Minimum planting requirement To be eligible for payments under clause (i), except as provided in clauses (iv) and (v), the producers on a farm must actually plant upland cotton for harvest on at least 50 percent of the maximum payment acres for cotton for the farm. (iii) Deficiency payments Notwithstanding any other provision of this section, any producer who devotes a portion of the maximum payment acres for upland cotton for the farm to conservation uses (or other uses as provided in subparagraph (E)) under this subparagraph shall receive deficiency payments on the acreage that is considered to be planted to upland cotton and eligible for payments under this subparagraph for the crop at a per-pound rate established by the Secretary, except that the rate may not be established at less than the projected deficiency payment rate for the crop, as determined by the Secretary. Such projected payment rate for the crop shall be announced by the Secretary prior to the period during which upland cotton producers may agree to participate in the program for the crop. (iv) Quarantines If a State or local agency has imposed in an area of a State or county a quarantine on the planting of upland cotton for harvest on farms in the area, the State committee established under section 590h(b) of title 16 may recommend to the Secretary that payments be made under this paragraph, without regard to the requirement imposed under clause (ii), to producers in the area who were required to forgo the planting of upland cotton for harvest on acreage to alleviate or eliminate the condition requiring the quarantine. If the Secretary determines that the condition exists, the Secretary may make payments under this paragraph to the producers. To be eligible for payments under this clause, the producers must devote the acreage to conservation uses (except as provided in subparagraph (E)). (v) Prevented planting If an acreage limitation program under subsection (e) of this section is in effect for any crop of upland cotton and if the Secretary determines that producers on a farm are prevented from planting the acreage intended for upland cotton to upland cotton because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the Secretary shall make available to such producers payments under this subparagraph without regard to the requirement imposed under clause (ii). To be eligible for payments under this clause, the producers must devote the acreage to conservation uses (except as provided in subparagraph (E)). Any such acreage shall be considered to be planted to upland cotton. (vi) Crop acreage and payment yield The upland cotton crop acreage base and upland cotton farm program payment yield of the farm shall not be reduced due to the fact that a portion of the permitted cotton acreage of the farm was devoted to conserving uses (except as provided in subparagraph (E)) under this subparagraph. (vii) Limitation Other than as provided in clauses (i) through (vi), payments may not be made under this paragraph for any crop on a greater acreage than the acreage actually planted to upland cotton. (viii) Conservation use acreage under other programs Any acreage considered to be planted to upland cotton in accordance with clauses (i) and (vi) may not also be designated as conservation use acreage for the purpose of fulfilling any provisions under any acreage limitation or land diversion program requiring that the producers devote a specified acreage to conservation uses. (E) Alternative crops The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (D) to be devoted to sweet sorghum, guar, sesame, castor beans, crambe, plantago ovato, triticale, rye, mung beans, commodities for which no substantial domestic production or market exists but that could yield industrial raw material being imported, or likely to be imported, into the United States, or commodities grown for experimental purposes (including kenaf and milkweed), subject to the following sentence. The Secretary may permit the acreage to be devoted to the production only if the Secretary determines that - (i) the production is not likely to increase the cost of the price support program and will not affect farm income adversely; and (ii) the production is needed to provide an adequate supply of the commodity, or, in the case of commodities for which no substantial domestic production or market exists but that could yield industrial raw materials, the production is needed to encourage domestic manufacture of the raw material and could lead to increased industrial use of the raw material to the long-term benefit of United States industry. (F) Reduction for disaster payments The total quantity of upland cotton on which payments would otherwise be payable to a producer on a farm for any crop under this paragraph shall be reduced by the quantity on which any disaster payment is made to the producer for the crop under paragraph (2). (2) Disaster payments (A) Prevented planting Except as provided in subparagraph (C), if the Secretary determines that the producers on a farm are prevented from planting any portion of the acreage intended for upland cotton to upland cotton or other nonconserving crops because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the Secretary shall make a prevented planting disaster payment to the producers in an amount equal to the product obtained by multiplying - (i) the number of acres so affected but not to exceed the acreage planted to upland cotton for harvest (including any acreage that the producers were prevented from planting to upland cotton or other nonconserving crops in lieu of upland cotton because of drought, flood, or other natural disaster, or other condition beyond the control of the producers) in the immediately preceding year; by (ii) 75 percent of the farm program payment yield established for the farm by the Secretary; by (iii) a payment rate equal to 33 1/3 percent of the established price for the crop. (B) Reduced yields Except as provided in subparagraph (C), if the Secretary determines that because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the total quantity of upland cotton that the producers are able to harvest on any farm is less than the result of multiplying 75 percent of the farm program payment yield established by the Secretary for the crop by the acreage planted for harvest for the crop, the Secretary shall make a reduced yield disaster payment to the producers at a rate equal to 33 1/3 percent of the established price for the crop for the deficiency in production below 75 percent for the crop. (C) Crop insurance Producers on a farm shall not be eligible for - (i) prevented planting disaster payments under subparagraph (A), if prevented planting crop insurance is available to the producers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) with respect to the upland cotton acreage of the producers; or (ii) reduced yield disaster payments under subparagraph (B), if reduced yield crop insurance is available to the producers under such Act with respect to the upland cotton acreage of the producers. (D) Administration (i) Economic emergencies Notwithstanding subparagraph (C), the Secretary may make a disaster payment to the producers on a farm under this paragraph if the Secretary determines that - (I) as the result of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the producers have suffered substantial losses of production either from being prevented from planting upland cotton or other nonconserving crops or from reduced yields; (II) the losses have created an economic emergency for the producers; (III) crop insurance indemnity payments under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and other forms of assistance made available by the Federal Government to the producers for the losses are insufficient to alleviate the economic emergency; and (IV) additional assistance must be made available to the producers to alleviate the economic emergency. (ii) Adjustments The Secretary may make such adjustments in the amount of payments made available under this paragraph with respect to an individual farm as necessary to ensure the equitable allotment of the payments among producers, taking into account other forms of Federal disaster assistance provided to the producers for the crop involved. (d) Payment yields The farm program payment yields for farms for each crop of upland cotton shall be determined under subchapter IV of this chapter. (e) Acreage reduction programs (1) In general (A) Establishment Notwithstanding any other provision of this Act, if the Secretary determines that the total supply of upland cotton, in the absence of an acreage limitation program, will be excessive taking into account the need for an adequate carry-over to maintain reasonable and stable supplies and prices and to meet a national emergency, the Secretary may provide for any crop of upland cotton an acreage limitation program as described in paragraph (2). (B) Agricultural resources conservation program In making a determination under subparagraph (A), the Secretary shall take into consideration the number of acres placed in the agricultural resources conservation program established under subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.). (C) Announcements (i) Preliminary announcement If the Secretary elects to implement an acreage limitation program for any crop year, the Secretary shall make a preliminary announcement of any such program not later than November 1 of the calendar year preceding the year in which the crop is harvested, except that in the case of the 1991 crop, the Secretary shall announce the program as soon as practicable after November 28, 1990. The announcement shall include, among other information determined necessary by the Secretary, an announcement of the uniform percentage reduction in the upland cotton crop acreage base described in paragraph (2)(A). (ii) Final announcement Not later than January 1 of the calendar year in which the crop is harvested, the Secretary shall make a final announcement of the program. The announcement shall include, among other information determined necessary by the Secretary, an announcement of the uniform percentage reduction in the upland cotton crop described in paragraph (2)(A). (iii) Optional programs in early planting areas The Secretary shall allow producers in early planting areas to elect to participate in the program on the terms of the acreage limitation program - (I) first announced for the crop under clause (i); or (II) as subsequently revised under clause (ii), if the Secretary determines that the producers may be unfairly disadvantaged by the revision. (D) Desired carry-over The Secretary shall carry out an acreage limitation program described in paragraph (2) for a crop of upland cotton in a manner that will result in a ratio of carry-over to total disappearance of 30 percent, based on the Secretary's most recent projection of carry-over and total disappearance at the time of announcement of the acreage limitation program. For the purpose of this subparagraph, the term 'total disappearance' means all upland cotton utilization, including total domestic, total export, and total residual disappearance. (2) Acreage limitation program (A) Uniform percentage reduction Except as provided in paragraph (3), if an upland cotton acreage limitation program is announced under paragraph (1), the limitation shall be achieved by applying a uniform percentage reduction (from 0 to 25 percent) to the upland cotton crop acreage base for the crop for each upland cotton-producing farm. (B) Compliance Except as provided in section 1464 of this title, producers who knowingly produce upland cotton in excess of the permitted upland cotton acreage for the farm, as established in accordance with subparagraph (A), shall be ineligible for upland cotton loans and payments with respect to that farm. (C) Crop acreage bases Upland cotton crop acreage bases for each crop of upland cotton shall be determined under subchapter IV of this chapter. (D) Acreage devoted to conservation uses A number of acres on the farm shall be devoted to conservation uses, in accordance with regulations issued by the Secretary. Such number shall be determined by multiplying the upland cotton crop acreage base by the percentage reduction required by the Secretary. The number of acres so determined is hereafter in this subsection referred to as 'reduced acreage'. The remaining acreage is hereafter in this subsection referred to as 'permitted acreage'. Permitted acreage may be adjusted by the Secretary as provided in paragraph (3) and in section 1464 of this title. (E) Individual farm program acreage Except as otherwise provided in subsection (c) of this section, the individual farm program acreage shall be the acreage planted on the farm to upland cotton for harvest within the permitted upland cotton acreage for the farm as established under this paragraph. (F) Planting designated crops on reduced acreage (i) 'Designated crop' defined As used in this subparagraph, the term 'designated crop' means a crop defined in section 1464(b)(1) of this title, excluding any program crop as defined in section 1462(3) of this title. (ii) In general Subject to clause (iii), the Secretary may permit producers on a farm to plant a designated crop on no more than one-half of the reduced acreage on the farm. (iii) Limitations If the producers on a farm elect to plant a designated crop on reduced acreage under this subparagraph - (I) the amount of the deficiency payment that the producers are otherwise eligible to receive under subsection (c) of this section shall be reduced, for each acre (or portion thereof) that is planted to the designated crop, by an amount equal to the deficiency payment that would be made with respect to a number of acres of the crop that the Secretary considers appropriate, except that if the producers on the farm are participating in a program established for more than one program crop, the amount of the reduction shall be determined by prorating the reduction based on the acreage planted or considered planted on the farm to all of such program crops; and (II) the Secretary shall ensure that reductions in deficiency payments under subclause (I) are sufficient to ensure that this subparagraph will result in no additional cost to the Commodity Credit Corporation. (3) Targeted option payments (A) In general Notwithstanding any other provision of this section, if the Secretary implements an acreage limitation program with respect to any of the 1991 through 1995 crops of upland cotton, the Secretary may make available to producers on a farm who do not receive payments under subsection (c)(1)(D) of this section for such crop on the farm, adjustments in the level of deficiency payments that would otherwise be made available to the producers if the producers exercise the payment options provided in this paragraph. (B) Payment options If the Secretary elects to carry out this paragraph, the Secretary shall make the payment options specified in subparagraphs (C) and (D) available to producers who agree to make adjustments in the quantity of acreage diverted from the production of upland cotton under an acreage limitation program in accordance with this paragraph. (C) Increased acreage limitation option (i) Increase in established price If the Secretary elects to carry out this paragraph, a producer shall be eligible to receive an increase in the established price for upland cotton under clause (ii) if the producer agrees to an increase in the acreage limitation percentage to be applied to the producers' upland cotton acreage base above the acreage limitation percentage announced by the Secretary. (ii) Method of calculation For the purposes of calculating deficiency payments to be made available to producers who participate in the program under this paragraph, the Secretary shall increase the established price for upland cotton by an amount determined by the Secretary, but not less than 0.5 percent, nor more than 1 percent, for each 1 percentage point increase in the acreage limitation percentage applied to the producers' upland cotton acreage base. (iii) Limitation The acreage limitation percentage to be applied to the producers' upland cotton acreage base shall not be increased by more than 10 percentage points above the acreage limitation percentage announced by the Secretary for the crop or above 25 percent total for the crop. (iv) Adjustment for underplantings In determining the increased acreage limitation percentage that is applied to the producer's upland cotton base under this paragraph, the Secretary shall exclude an amount of acreage equal to the average difference between the producer's permitted upland cotton acreage and the acreage actually planted (including acreage devoted to conserving uses under subsection (c)(1)(D) of this section) to upland cotton for harvest during the previous 2 years. (D) Decreased acreage limitation option (i) Decrease in acreage limitation requirement If the Secretary elects to carry out this paragraph, a producer shall be eligible to decrease the acreage limitation percentage applicable to the producers' upland cotton acreage base (as announced by the Secretary) if the producer agrees to a decrease in the established price for upland cotton under clause (ii) for the purpose of calculating deficiency payments to be made available to the producer. (ii) Method of calculation For the purposes of calculating deficiency payments to be made available to producers who choose the option set forth in this subparagraph, the Secretary shall decrease the established price for upland cotton by an amount to be determined by the Secretary, but not less than 0.5 percent, nor more than 1 percent, for each 1 percentage point decrease in the acreage limitation percentage applied to the producers' upland cotton acreage base. (iii) Limitation A producer may not choose to decrease the acreage limitation percentage applicable to the producers' upland cotton acreage base under this paragraph by more than one-half of the announced acreage limitation percentage. (E) Participation and production effects Notwithstanding any other provision of this paragraph, the Secretary shall, to the extent practicable, ensure that the program provided for in this paragraph does not have a significant effect on program participation or total production and shall be offered in such a manner that the Secretary determines will result in no additional budget outlays. The Secretary shall provide an analysis of the Secretary's determination to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (4) Administration (A) Protection from weeds and erosion The regulations issued by the Secretary under paragraph (2) with respect to acreage required to be devoted to conservation uses shall assure protection of the acreage from weeds and wind and water erosion. (B) Annual or perennial cover (i) In general Except as provided in paragraph (2), a producer who participates in an acreage reduction program established for a crop of upland cotton under this subsection shall be required to plant to an annual or perennial cover 50 percent (or more, at the option of the producer) of the acreage that is required to be removed from the production of upland cotton, but not to exceed 5 percent (or more, at the option of the producer) of the crop acreage base established for the crop. This requirement shall not apply with respect to arid areas (including summer fallow areas), as determined by the Secretary. (ii) Multiyear program (I) Cost-share assistance If a producer elects to establish a perennial cover capable of improving water quality or wildlife habitat on the acreage, the Commodity Credit Corporation shall make available cost-share assistance for 25 percent of the approved cost of establishing the cover on not more than 50 percent of the acreage that is required to be diverted from production, but not to exceed 5 percent (or more, at the option of the producer) of the crop acreage base established for a crop. (II) Agreement of producer If a producer elects to establish a perennial cover on the acreage under this subparagraph and receives cost-share assistance from the Corporation with respect to the cover, the producer, under such terms and conditions as may be prescribed by the Secretary, taking into consideration guidelines established by the State technical committees established in subtitle G of title XII of the Food Security Act of 1985 (16 U.S.C. 3861 et seq.), shall agree to maintain the perennial cover for a minimum of 3 years. (iii) Conserving crops The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of the acreage to be devoted to sweet sorghum, guar, sesame, castor beans, crambe, plantago ovato, triticale, rye, mung beans, milkweed, or other commodity, if the Secretary determines that the production is needed to provide an adequate supply of the commodities, is not likely to increase the cost of the price support program, and will not affect farm income adversely. (C) Haying and grazing (i) In general Except as provided in clause (ii), haying and grazing of reduced acreage, acreage devoted to a conservation use under subsection (c)(1)(D) of this section, and acreage diverted from production under a land diversion program established under this section shall be permitted, except during any consecutive 5-month period that is established by the State committee established under section 590h(b) of title 16 for a State. The 5-month period shall be established during the period beginning April 1, and ending October 31, of a year. (ii) Natural disasters In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on the acreage. The Secretary may not exclude irrigated or irrigable acreage not planted in alfalfa when exercising the authority under this clause. (D) Water storage uses (i) In general The regulations issued by the Secretary under paragraph (2) with respect to acreage required to be devoted to conservation uses shall provide that land that has been converted to water storage uses shall be considered to be devoted to conservation uses if the land was devoted to wheat, feed grains, cotton, rice, or oilseeds in at least 3 of the immediately preceding 5 years. The land shall be considered to be devoted to conservation uses for the period that the land remains in water storage uses, but not to exceed 5 years subsequent to its conversion to water storage uses. (ii) Limitations Land converted to water storage uses for the purposes of this subparagraph may not be devoted to any commercial use, including commercial fish production. The water stored on the land may not be ground water. The farm on which the land is located must have been irrigated with ground water during at least 1 of the preceding 5 crop years. (5) Land diversion program (A) Payments (i) In general The Secretary may make land diversion payments to producers of upland cotton, whether or not an acreage limitation program for upland cotton is in effect, if the Secretary determines that the land diversion payments are necessary to assist in adjusting the total national acreage of upland cotton to desirable goals. The land diversion payments shall be made to producers who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in accordance with land diversion contracts entered into by the Secretary with the producers. (ii) Excess carry-over If, at the time of final announcement of the acreage limitation program established under this subsection, the projected carry-over of upland cotton for the crop year is equal to or greater than 8 million bales, the Secretary shall offer a paid land diversion program to producers of upland cotton. Payments to producers under such a program shall be determined by multiplying - (I) the payment rate, of not less than 35 cents per pound of cotton, established by the Secretary; by (II) the program payment yield established for the crop for the farm; by (III) the number of permitted upland cotton acres diverted on the farm. (B) Bids for contracts The amounts payable to producers under land diversion contracts may be determined through the submission of bids for the contracts by producers in such manner as the Secretary may prescribe or through such other means as the Secretary determines appropriate. In determining the acceptability of contract offers, the Secretary shall take into consideration the extent of the diversion to be undertaken by the producers and the productivity of the acreage diverted. (C) Limitations on diverted acreage (i) Maximum acreage per farm, county, or community The Secretary shall limit the total acreage to be diverted under this paragraph - (I) to not more than 15 percent of the upland cotton crop acreage base for a farm; and (II) under agreements in any county or local community so as not to affect adversely the economy of the county or local community. (ii) Lower participation levels The Secretary may allow producers to participate in a land diversion program under this paragraph at a level lower than the maximum level announced by the Secretary, at the option of the producer, if the Secretary determines that it will increase participation in the program. (6) Conservation practices (A) Wildlife food plots or habitat The reduced acreage and additional diverted acreage may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildlife agencies. The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of this subparagraph. (B) Public access The Secretary may provide for an additional payment on the acreage in an amount determined by the Secretary to be appropriate in relation to the benefit to the general public if the producer agrees to permit, without other compensation, access to all or such portion of the farm, as the Secretary may prescribe, by the general public, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. (7) Participation agreements (A) In general Producers on a farm desiring to participate in the program conducted under this subsection shall execute an agreement with the Secretary providing for the participation not later than such date as the Secretary may prescribe. (B) Modification or termination The Secretary may, by mutual agreement with producers on a farm, modify or terminate any such agreement if the Secretary determines the action necessary because of an emergency created by drought or other disaster or to prevent or alleviate a shortage in the supply of agricultural commodities. The Secretary may modify the agreement under this subparagraph for the purpose of alleviating a shortage in the supply of agricultural commodities only if there has been a significant change in the estimated stocks of the commodity since the Secretary announced the final terms and conditions of the program for the crop of upland cotton. (f) Inventory reduction payments (1) In general The Secretary may, for each of the 1991 through 1995 crops of upland cotton, make payments available to producers who meet the requirements of this subsection. (2) Form The payments may be made in the form of marketing certificates. (3) Payments (A) In general Payments under this subsection shall be determined in the same manner as provided in subsection (b) of this section. (B) Quantity of cotton made available The quantity of upland cotton to be made available to a producer under this subsection shall be equal in value to the payments so determined under this subsection. (4) Eligibility A producer shall be eligible to receive a payment under this subsection for a crop if the producer - (A) agrees to forgo obtaining a loan under subsection (a) of this section; (B) agrees to forgo receiving payments under subsection (c) of this section; (C) does not plant upland cotton for harvest in excess of the crop acreage base reduced by one-half of any acreage required to be diverted from production under subsection (e) of this section; and (D) otherwise complies with this section. (g) Equitable relief (1) Loans and payments If the failure of a producer to comply fully with the terms and conditions of the program conducted under this section precludes the making of loans and payments, the Secretary may, nevertheless, make such loans and payments in such amounts as the Secretary determines are equitable in relation to the seriousness of the failure. The Secretary may consider whether the producer made a good faith effort to comply fully with the terms and conditions of the program in determining whether equitable relief is warranted under this paragraph. (2) Deadlines and program requirements The Secretary may authorize the county and State committees established under section 590h(b) of title 16 to waive or modify deadlines and other program requirements in cases in which lateness or failure to meet such other requirements does not affect adversely the operation of the program. (h) Regulations The Secretary may issue such regulations as the Secretary determines necessary to carry out this section. (i) Commodity Credit Corporation The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation. (j) Assignment of payments The provisions of section 590h(g) of title 16 (relating to assignment of payments) shall apply to payments under this section. (k) Sharing of payments The Secretary shall provide for the sharing of payments made under this section for any farm among the producers on the farm on a fair and equitable basis. (l) Tenants and sharecroppers The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. (m) Cross-compliance (1) In general Compliance on a farm with the terms and conditions of any other commodity program, or compliance with crop acreage base requirements for any other commodity, may not be required as a condition of eligibility for loans or payments under this section. (2) Compliance on other farms The Secretary may not require producers on a farm, as a condition of eligibility for loans or payments under this section for the farm, to comply with the terms and conditions of the upland cotton program with respect to any other farm operated by the producers. (n) Special limited global import quota (1) In general The President shall, within 180 days after November 28, 1990, establish an import quota program which shall provide that whenever the Secretary determines and announces that the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of the average price of such quality of cotton in such markets for the preceding 36 months, notwithstanding any other provision of law, there shall immediately be in effect a special limited global import quota subject to the following conditions: (A) Quantity The quantity of the special quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which data are available. (B) Quantity if prior quota If a special quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated as set forth in subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand. (C) Definitions As used in subparagraph (B): (i) Supply The term 'supply' means, using the latest official data of the Bureau of the Census, the Department of Agriculture, and the Department of the Treasury - (I) the carry-over of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the special quota is established; plus (II) production of the current crop; plus (III) imports to the latest date available during the marketing year. (ii) Demand The term 'demand' means - (I) the average seasonally adjusted annual rate of domestic mill consumption in the most recent 3 months for which data are available; plus (II) the larger of - (aa) average exports of upland cotton during the preceding 6 marketing years; or (bb) cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the special quota is established. (D) Quota entry period When a special quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the effective date of the proclamation. (2) No overlap Notwithstanding paragraph (1), a special quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (a)(5)(F) of this section. (o) Crops Notwithstanding any other provision of law, this section shall be effective only for the 1991 through 1995 crops of upland cotton. -SOURCE- (Oct. 31, 1949, ch. 792, title I, Sec. 103B, as added Nov. 28, 1990, Pub. L. 101-624, title V, Sec. 501, 104 Stat. 3421, and amended Nov. 5, 1990, Pub. L. 101-508, title I, Sec. 1101(c), 104 Stat. 1388-1.) -REFTEXT- REFERENCES IN TEXT The Commodity Credit Corporation Charter Act, referred to in subsec. (a)(6), is act June 29, 1948, ch. 704, 62 Stat. 1070, as amended, which is classified generally to subchapter II (Sec. 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 714 of Title 15 and Tables. The Federal Crop Insurance Act, referred to in subsec. (c)(2)(C), (D)(i)(III), is title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, as amended, which is classified generally to chapter 36 (Sec. 1501 et seq.) of this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables. This Act, referred to in subsec. (e)(1)(A), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, known as the Agricultural Act of 1949, which is classified principally to this chapter (Sec. 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. The Food Security Act of 1985, referred to in subsec. (e)(1)(B), (4)(B)(ii)(II), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Subtitles D and G of title XII of the Act are classified generally to subchapters IV (Sec. 3831 et seq.) and VII (Sec. 3861 et seq.), respectively, of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables. -COD- CODIFICATION November 28, 1990, referred to in subsec. (a)(3), was in the original 'the date of enactment of this Act', which was translated as meaning the date of enactment of Pub. L. 101-624, which enacted this section, to reflect the probable intent of Congress. -MISC3- AMENDMENTS 1990 - Subsec. (c)(1)(C)(ii). Pub. L. 101-508 substituted '85 percent' for '100 percent'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101-508, set out as a note under section 511r of this title. EFFECTIVE DATE Section effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101-624, set out as an Effective Date of 1990 Amendment note under section 1421 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1308, 1426, 1463, 5822 of this title. ------DocID 10128 Document 892 of 1400------ -CITE- 7 USC Sec. 1445-2 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1445-2. Marketing assessments to No Net Cost Tobacco Account -STATUTE- (a) Definitions As used in this section - (1) the term 'association' means a producer-owned cooperative marketing association which has entered into a loan agreement with the Corporation to make price support available to producers of a kind of tobacco; (2) the term 'Account' means an account established by and in the Corporation for an association, which account shall be known as the 'No Net Cost Tobacco Account'; (3) the term 'to market' means to dispose of tobacco by voluntary or involuntary sale, barter, exchange, gift inter vivos, or consigning the tobacco to an association for a price support advance; (4) the term 'net gains' means the amount by which total proceeds obtained from the sale by an association of a crop of a kind of tobacco pledged to the Corporation for price support loan exceeds the principal amount of the price support loan made by the Corporation to the association on such crop, plus interest and charges; (5) the term 'tobacco' means any kind of tobacco, as defined in section 1301(b)(15) of this title, for which marketing quotas are in effect or for which marketing quotas are not disapproved by producers; (6) the term 'area', when used in connection with an association, means the general geographical area in which farms of the producer-members of such association are located, as determined by the Secretary; (7) the term 'Corporation' shall have the meaning given to it in section 1445-1(a)(2) of this title; and (8) the term 'purchaser' means any person who purchases in the United States, either directly or indirectly for the account of such person or another person, Flue-cured or Burley quota tobacco. (b) Continued availability of price support; establishment of No Net Cost Tobacco Account Notwithstanding section 1445-1 of this title, the Secretary shall, upon the request of any association, and may, if the Secretary determines, after consultation with such association, that the accumulation of the No Net Cost Tobacco Fund for such association under section 1445-1 of this title is, and is likely to remain, inadequate to reimburse the Corporation for net losses which the Corporation sustains under its loan agreement with such association - (1) continue to make price support available to producers through such association in accordance with loan agreements entered into between the Corporation and such association; and (2) establish and maintain in accordance with this section a No Net Cost Tobacco Account for such association in lieu of the No Net Cost Tobacco Fund established within such association under section 1445-1 of this title. (c) Establishment of No Net Cost Tobacco Account within Commodity Credit Corporation; disposition of amounts in No Net Cost Tobacco Fund (1) Any Account established for an association under subsection (b)(2) of this section shall be established within the Corporation and shall be comprised of amounts paid by producers and purchasers under subsection (d) of this section. (2) Upon the establishment of an Account for an association, any amount in the No Net Cost Tobacco Fund established within such association under section 1445-1 of this title shall be applied or disposed of in such manner as the Secretary may approve or prescribe, except that such amount shall, to the extent necessary, first be applied or used for the purposes therefor prescribed in such section. (d) Payment of assessments to Corporation for deposit into Account; determination and adjustment of amounts; collection (1) If an Account is established for an association under subsection (b)(2) of this section, then the Secretary shall require (in lieu of any requirement under section 1445-1(d)(1) of this title) that each producer of the kind of tobacco involved whose farm is within such association's area shall, as a condition of eligibility for price support, agree, with respect to all of such kind of tobacco marketed by the producer from the farm, to pay to the Corporation, for deposit in such association's Account, marketing assessments as determined under paragraph (2) and collected under paragraph (3). The Secretary shall also require (in lieu of any requirement under section 1445-1(d)(1) of this title) that each purchaser of Flue-cured and Burley quota tobacco shall pay to the Corporation, for deposit in the Account of such association, an assessment, as determined under paragraph (2) and collected under paragraph (3), with respect to purchases of all such kind of tobacco marketed by a producer from a farm (including purchases of such tobacco from the 1986 and subsequent crops from the association). (2)(A) For purposes of paragraph (1), the Secretary shall determine and adjust from time to time, in consultation with such association, the amount of the marketing assessment which shall be imposed, as a condition of eligibility for price support, on each pound of the kind of tobacco involved marketed by a producer from a farm within such association's area and the amount of the assessment to be paid by purchasers of tobacco. The amount of the assessment to be paid by producers and purchasers shall be determined in such a manner that producers and purchasers share equally, to the maximum extent practicable, in maintaining the Account of an association. In making such determination with respect to the assessment of a purchaser, only 1985 and subsequent crops of Flue-cured and Burley quota tobacco shall be taken into account. The amount of the assessment shall be equal to an amount which, when collected, will result in an accumulation of an Account for such association adequate to reimburse the Corporation for any net losses which the Corporation may sustain under its loan agreements with such association, based on reasonable estimates of the amounts which the Corporation will lend to such association under such agreements and the proceeds which will be realized from the sales of the kind of tobacco involved which are pledged to the Corporation by such association as security for loans. Notwithstanding the foregoing provisions of this paragraph, the amount of any assessment that is determined by the Secretary for the 1986 and subsequent crops of Burley quota tobacco shall be determined without regard to any net losses that the Corporation may sustain under the loan agreements of the Corporation with such association with respect to the 1983 crop of such tobacco. (B) With respect to the 1985 crop of Burley tobacco, for the purposes of paragraph (1), the marketing assessment shall not be more than 4 cents per pound. (3)(A) Except as provided in subparagraphs (B) and (C), any assessment to be paid by a producer or a purchaser under paragraph (1) shall be collected from the person who acquired the tobacco involved from such producer, except that if the tobacco is marketed by sale, an amount equal to the producer assessment may be deducted by the purchaser from the price paid to such producer. (B) If tobacco of the kind for which an Account is established is marketed by a producer through a warehouseman or agent, both the producer and the purchaser assessment shall be collected from such warehouseman or agent, who may - (i) deduct an amount equal to the producer assessment from the price paid to the producer; and (ii) add an amount equal to the purchaser assessment to the price paid by the purchaser. (C) If tobacco of the kind for which an Account is established is marketed by a producer directly to any person outside the United States, both the producer and the purchaser assessment shall be collected from the producer, who may add an amount equal to the purchaser assessment to the price paid by the purchaser. (e) Deposits into Account; insurance against net losses Amounts deposited in an Account established for an association shall be used by the Secretary for the purpose of ensuring, insofar as practicable, that the Corporation under its loan agreements with such association will suffer, with respect to the crop involved, no net losses (including, but not limited to, recovery of the amount of loans extended to cover the overhead costs of the association), after any net gains are applied to net losses of the Corporation pursuant to subsection (h) of this section. (f) Suspension of payment and collection of marketing assessments The Secretary shall provide, in any loan agreement between the Corporation and an association for which an Account has been established under subsection (b)(2) of this section, that if the Secretary determines that the amount in such Account or the net gains referred to in subsection (h) of this section exceed the amounts necessary for the purposes of this section, then the Secretary, in consultation with such association, may suspend the payment and collection of marketing assessments under this section upon terms and conditions established by the Secretary. (g) Disposition of amounts in Account in the event of termination of loan agreement or account or dissolution or merger of association With respect to any association for which an Account is established under subsection (b)(2) of this section, if a loan agreement between the Corporation and such association is terminated, if such association is dissolved or merges with another association that has entered into a loan agreement with the Corporation to make price support available to producers of the kind of tobacco involved, or if such Account terminates by operation of law, then amounts in such Account and the net gains referred to in subsection (h) of this section shall be applied to or disposed of in such manner as the Secretary may prescribe, except that they shall, to the extent necessary, first be applied to or used for the purposes therefor prescribed in this section. (h) Net gains The provisions of section 1445-1(d)(5) of this title relating to net gains shall apply to any loan agreement between an association and the Corporation entered into upon or after the establishment of an Account for such association under subsection (b)(2) of this section. (i) Regulations The Secretary shall issue regulations necessary to carry out the provisions of this section. (j) Failure to collect assessment; marketing penalty; civil action for review of penalty (1)(A) Each person who fails to collect any assessment as required by subsection (d)(3) of this section and remit such assessment to the Corporation, at such time and in such manner as may be prescribed by the Secretary, shall be liable, in addition to any amount due, to a marketing penalty at a rate equal to 75 percent of the average market price (calculated to the nearest whole cent) for the kind of tobacco involved for the immediately preceding year on the quantity of tobacco as to which the failure occurs. (B) The Secretary may reduce any such marketing penalty in such amount as the Secretary determines equitable in any case in which the Secretary determines that the failure was unintentional or without knowledge on the part of the person concerned. (C) Any penalty provided for under this paragraph shall be assessed by the Secretary after notice and opportunity for a hearing. (2)(A) Any person against whom a penalty is assessed under this subsection may obtain review of such penalty in an appropriate district court of the United States by filing a civil action in such court not later than 30 days after such penalty is imposed. (B) The Secretary shall promptly file in such court a certified copy of the record on which the penalty is based. (3) The district courts of the United States shall have jurisdiction to review and enforce any penalty imposed under this subsection. (4) An amount equivalent to any penalty collected by the Secretary under this subsection shall be transmitted by the Secretary to the Corporation, for deposit in the Account of the appropriate association. (5) The remedies provided in this subsection shall be in addition to, and not exclusive of, other remedies that may be available. -SOURCE- (Oct. 31, 1949, ch. 792, title I, Sec. 106B, as added July 20, 1982, Pub. L. 97-218, title III, Sec. 301, 96 Stat. 207, and amended Nov. 29, 1983, Pub. L. 98-180, title II, Sec. 204, 97 Stat. 1145; Nov. 15, 1985, Pub. L. 99-157, Sec. 6(b), 99 Stat. 818; Apr. 7, 1986, Pub. L. 99-272, title I, Sec. 1108(b), 100 Stat. 94.) -MISC1- AMENDMENTS 1986 - Subsec. (a)(8). Pub. L. 99-272, Sec. 1108(b)(1), added par. (8). Subsec. (c)(1). Pub. L. 99-272, Sec. 1108(b)(2), inserted 'and purchasers' after 'producers'. Subsec. (d)(1). Pub. L. 99-272, Sec. 1108(b)(3)(A), inserted provision relating to an assessment, in lieu of any requirement under section 1445-1 of this title, to be deposited in the Account of such association, with respect to purchases of all such kind of tobacco marketed by a producer from a farm, including purchases of such tobacco from the 1986 and subsequent crops from the association. Subsec. (d)(2)(A). Pub. L. 99-272, Sec. 1108(b)(3)(B), (C), substituted 'area and the amount of the assessment to be paid by purchasers of tobacco. The amount of the assessment to be paid by producers and purchasers shall be determined in such a manner that producers and purchasers share equally, to the maximum extent practicable, in maintaining the Account of an association. In making such determination with respect to the assessment of a purchaser, only 1985 and subsequent crops of Flue-cured and Burley quota tobacco shall be taken into account. The amount of the assessment' for 'area. Such amount', and inserted provision that amount of assessment for 1986 and subsequent crops of Burley tobacco be determined without regard to any net losses sustained under the loan agreements of the Corporation with such association with respect to the 1983 crop. Subsec. (d)(3). Pub. L. 99-272, Sec. 1108(b)(3)(D), amended par. (3) generally. Prior to amendment, par. (3) read as follows: '(A) Except as provided in subparagraph (B), any marketing assessment to be paid by a producer under paragraph (1) shall be collected from the person who acquired the tobacco involved from such producer but an amount equal to such assessment may be deducted by the purchaser from the price paid to such producer in case such tobacco is marketed by sale. '(B) If tobacco of the kind for which an Account is established is marketed by a producer through a warehouseman or other agent, then such assessment shall be collected from such warehouseman or agent who may deduct an amount equal to such assessment from the price paid to the producer. If tobacco of the kind for which an Account is established is marketed by a producer directly to any person outside the United States, such assessment shall be collected from the producer.' Subsec. (j). Pub. L. 99-272, Sec. 1108(b)(4), added subsec. (j). 1985 - Subsec. (d)(2). Pub. L. 99-157 designated existing provisions as subpar. (A) and added subpar. (B). 1983 - Subsec. (a)(1). Pub. L. 98-180, Sec. 204(1), struck out ', except that the term does not include such an association that has entered into such an agreement to make price support available to producers of Flue-cured tobacco' after 'kind of tobacco'. Subsec. (a)(5). Pub. L. 98-180, Sec. 204(2), struck out 'except Flue-cured tobacco' after 'kind of tobacco'. EFFECTIVE DATE OF 1986 AMENDMENT Section 1108(b) of Pub. L. 98-272 provided that the amendment made by that section is effective for 1986 and subsequent crops of tobacco. EFFECTIVE DATE Section 301 of Pub. L. 97-218 provided that this section is effective for the 1982 and subsequent crops of all kinds of tobacco, except Flue-cured tobacco. RULEMAKING PROCEDURES Secretary of Agriculture to implement amendments by Pub. L. 99-272 without regard to provisions requiring notice and other procedures for public participation in rulemaking contained in section 553 of Title 5, Government Organization and Employees, or in any other directive of the Secretary, see section 1108(c) of Pub. L. 99-272, set out as a note under section 1301 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1314, 1314h, 1445 of this title. ------DocID 10132 Document 893 of 1400------ -CITE- 7 USC Sec. 1445b-2 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1445b-2. Transferred -COD- CODIFICATION Section, act Oct. 31, 1949, ch. 792, title I, Sec. 107C, as added Sept. 8, 1982, Pub. L. 97-253, title I, Sec. 120, 96 Stat. 766, and amended Dec. 23, 1985, Pub. L. 99-198, title X, Sec. 1002, 99 Stat. 1446; Dec. 22, 1987, Pub. L. 100-203, title I, Sec. 1110, 101 Stat. 1330-6; Dec. 19, 1989, Pub. L. 101-239, title I, Sec. 1003(b)(1), 103 Stat. 2108; Nov. 28, 1990, Pub. L. 101-624, title XI, Sec. 1121(a), 104 Stat. 3500, which related to advance deficiency and diversion payments, was renumbered section 114 of act Oct. 31, 1949, by Pub. L. 101-624, Sec. 1161(a)(1), and transferred to section 1445j of this title. ------DocID 10138 Document 894 of 1400------ -CITE- 7 USC Sec. 1445c-2 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1445c-2. Price support for 1986 through 1990 crops of peanuts; loans, purchases, and other operations; national average quota support rate -STATUTE- Notwithstanding any other provision of law: (1)(A) The Secretary shall make price support available to producers through loans, purchases, and other operations on quota peanuts for each of the 1986 through 1990 crops. (B)(i) The national average quota support rate for the 1986 crop of quota peanuts shall be equal to the national average support rate established for the 1985 crop of quota peanuts, adjusted by the Secretary by a percentage equal to the percentage of any increase in the prices paid by producers for commodities and services, interest, taxes, and wage rates during the period beginning with calendar year 1981 and ending with calendar year 1985, as determined by the Secretary. (ii) The national average quota support rate for each of the 1987 through 1990 crops of quota peanuts shall be the national average quota support rate for the immediately preceding crop, adjusted to reflect any increase, during the calendar year immediately preceding the marketing year for the crop for which a level of support is being determined, in the national average cost of peanut production, excluding any change in the cost of land, except that in no event shall the national average quota support rate for any such crop exceed by more than 6 percent the national average quota support rate for the preceding crop. (C) The levels of support so announced shall not be reduced by any deductions for inspection, handling, or storage. (D) The Secretary may make adjustments for location of peanuts and such other factors as are authorized by section 1423 of this title. (E) The Secretary shall announce the level of support for quota peanuts of each crop not later than February 15 preceding the marketing year for the crop for which the level of support is being determined. (2)(A) The Secretary shall make price support available to producers through loans, purchases, or other operations on additional peanuts for each of the 1986 through 1990 crops at such levels as the Secretary finds appropriate, taking into consideration the demand for peanut oil and peanut meal, expected prices of other vegetable oils and protein meals, and the demand for peanuts in foreign markets, except that the Secretary shall set the support rate on additional peanuts at a level estimated by the Secretary to ensure that there are no losses to the Commodity Credit Corporation on the sale or disposal of such peanuts. (B) The Secretary shall announce the level of support for additional peanuts of each crop not later than February 15 preceding the marketing year for the crop for which the level of support is being determined. (3)(A)(i) In carrying out paragraphs (1) and (2), the Secretary shall make warehouse storage loans available in each of the three producing areas (described in section 1446.60 of title 7 of the Code of Federal Regulations (January 1, 1985)) to a designated area marketing association of peanut producers that is selected and approved by the Secretary and that is operated primarily for the purpose of conducting such loan activities. The Secretary may not make warehouse storage loans available to any cooperative that is engaged in operations or activities concerning peanuts other than those operations and activities specified in this section and section 1359 of this title. (ii) Such area marketing associations shall be used in administrative and supervisory activities relating to price support and marketing activities under this section and section 1359 of this title. (iii) Loans made under this subparagraph shall include, in addition to the price support value of the peanuts, such costs as the area marketing association reasonably may incur in carrying out its responsibilities, operations, and activities under this section and section 1359 of this title. (B)(i) The Secretary shall require that each area marketing association establish pools and maintain complete and accurate records by area and segregation for quota peanuts handled under loan and for additional peanuts placed under loan, except that separate pools shall be established for Valencia peanuts produced in New Mexico. Bright hull and dark hull Valencia peanuts shall be considered as separate types for the purpose of establishing such pools. (ii) Net gains on peanuts in each pool, unless otherwise approved by the Secretary, shall be distributed only to producers who placed peanuts in the pool and shall be distributed in proportion to the value of the peanuts placed in the pool by each producer. Net gains for peanuts in each pool shall consist of the following: (I) For quota peanuts, the net gains over and above the loan indebtedness and other costs or losses incurred on peanuts placed in such pool plus an amount from the pool for additional peanuts, to the extent of the net gains from the sale for domestic food and related uses of additional peanuts in the pool for additional peanuts equal to any loss on disposition of all peanuts in the pool for quota peanuts. (II) For additional peanuts, the net gains over and above the loan indebtedness and other costs or losses incurred on peanuts placed in the pool for additional peanuts less any amount allocated to offset any loss on the pool for quota peanuts as provided in subclause (I). (4) Notwithstanding any other provision of this section: (A) Any distribution of net gains on additional peanuts (other than net gains on additional peanuts in separate type pools established under paragraph (3)(B)(i) for Valencia peanuts produced in New Mexico) shall be first reduced to the extent of any loss by the Commodity Credit Corporation on quota peanuts placed under loan. (B)(i) The proceeds due any producer from any pool shall be reduced by the amount of any loss that is incurred with respect to peanuts transferred from an additional loan pool to a quota loan pool under section 1358(s)(8) of this title. (ii) Losses in area quota pools, other than losses incurred as a result of transfers from additional loan pools to quota loan pools under section 1358(s)(8) of this title, shall be offset by any gains or profits from pools in other production areas (other than separate type pools established under paragraph (3)(B)(i) for Valencia peanuts produced in New Mexico) in such manner as the Secretary shall by regulation prescribe. (5) Notwithstanding any other provision of law, no price support may be made available by the Secretary for any crop of peanuts with respect to which poundage quotas have been disapproved by producers, as provided for in section 1358(u) of this title. -SOURCE- (Oct. 31, 1949, ch. 792, title I, Sec. 108A, formerly Sec. 108B, as added Dec. 23, 1985, Pub. L. 99-198, title VII, Sec. 705, 99 Stat. 1439, and amended Oct. 18, 1986, Pub. L. 99-500, Sec. 101(a) (title VI, Sec. 639), 100 Stat. 1783, 1783-35, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(a) (title VI, Sec. 639), 100 Stat. 3341, 3341-35; Nov. 10, 1986, Pub. L. 99-641, title II, Sec. 203, 100 Stat. 3563; Dec. 22, 1987, Pub. L. 100-203, title I, Sec. 1104(b), 101 Stat. 1330-4; renumbered Sec. 108A, Nov. 28, 1990, Pub. L. 101-624, title VIII, Sec. 806(2), 104 Stat. 3475.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 705 of Pub. L. 99-198, see Effective and Termination Dates note below. -COD- CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500. -MISC3- AMENDMENTS 1987 - Par. (6). Pub. L. 100-203 temporarily added par. (6) which read as follows: 'Notwithstanding any other provision of this section, in the case of each of the 1988 and 1989 crops of peanuts, the Secretary shall reduce outlays under the program provided for under this subsection by an amount equal to 1.4 percent of the amount of outlays that would otherwise be incurred in the absence of the reduction required by this paragraph.' See Effective and Termination Dates of 1987 Amendment note below. 1986 - Subsec. (4)(A). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-641 amended subpar. (A) identically inserting '(other than net gains on additional peanuts in separate type pools established under paragraph (3)(B)(i) for Valencia peanuts produced in New Mexico)'. EFFECTIVE AND TERMINATION DATES OF 1987 AMENDMENT Section 1104(b) of Pub. L. 100-203 provided that the amendment made by that section is effective only for the 1988 and 1989 crops of peanuts. EFFECTIVE AND TERMINATION DATES Section 705 of Pub. L. 99-198 provided that this section is effective only for the 1986 through 1990 crops of peanuts. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1359 of this title. ------DocID 10155 Document 895 of 1400------ -CITE- 7 USC Sec. 1446c-2 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER III -HEAD- Sec. 1446c-2. Domestic casein industry -STATUTE- (a) Annual availability of surplus stocks of nonfat dry milk; bid basis The Commodity Credit Corporation shall provide surplus stocks of nonfat dry milk of not less than 1,000,000 pounds annually to individuals or entities on a bid basis. (b) Acceptance of bids at lower than resale price The Commodity Credit Corporation may accept bids at lower than the resale price otherwise required by law, in order to promote the strengthening of the domestic casein industry. (c) Nonfat dry milk sold to be used only for manufacture of casein The Commodity Credit Corporation shall take appropriate action to ensure that the nonfat dry milk sold by the Corporation under this section is used only for the manufacture of casein. -SOURCE- (Pub. L. 99-198, title I, Sec. 105, Dec. 23, 1985, 99 Stat. 1367.) -COD- CODIFICATION Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. -MISC3- APPLICATION OF SECTION This section not to affect any liability of any person under section 1446 of this title as in effect before Dec. 23, 1985, see section 108 of Pub. L. 99-198, set out as an Application of 1985 Amendments note under section 1446 of this title. ------DocID 10353 Document 896 of 1400------ -CITE- 7 USC Sec. 1736bb-2 -EXPCITE- TITLE 7 CHAPTER 41 SUBCHAPTER IV -HEAD- Sec. 1736bb-2. Functions -STATUTE- The members of a mission to an eligible country shall - (1) meet with representatives of Government agencies of the United States and the eligible country, as well as commodity boards, private enterprises, international organizations, private voluntary organizations, and cooperatives that operate in the eligible country, to assist in planning the extent to which United States agricultural aid and trade programs could be used in a mutally beneficial manner to meet the food and economic needs of the country; (2) provide technical expertise and information to representatives of Government agencies of the United States and the eligible country and private organizations with respect to United States agricultural aid and trade programs and agricultural commodities and other assistance available to the eligible country under such programs; and (3) assist in obtaining firm commitments for - (A) proposals for food aid programs; and (B) agreements for commodity sales. -SOURCE- (Pub. L. 100-202, Sec. 3, Dec. 22, 1987, 101 Stat. 1329-446.) -COD- CODIFICATION Section was enacted as part of the Agricultural Aid and Trade Missions Act, and not as part of the Agricultural Trade Development and Assistance Act of 1954 which comprises this chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1736bb, 1736bb-3, 1736bb-4, 1736bb-5, 1736bb-6 of this title. ------DocID 11475 Document 897 of 1400------ -CITE- 8 USC CHAPTER 2 -EXPCITE- TITLE 8 CHAPTER 2 -HEAD- CHAPTER 2 - ELECTIVE FRANCHISE ------DocID 11765 Document 898 of 1400------ -CITE- 9 USC Sec. 2 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 2. Validity, irrevocability, and enforcement of agreements to arbitrate -STATUTE- A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 670.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 2, 43 Stat. 883. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 202 of this title. ------DocID 11780 Document 899 of 1400------ -CITE- 9 USC CHAPTER 2 -EXPCITE- TITLE 9 CHAPTER 2 -HEAD- CHAPTER 2 - CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS -MISC1- Sec. 201. Enforcement of Convention 202. Agreement or award falling under the Convention. 203. Jurisdiction; amount in controversy. 204. Venue. 205. Removal of cases from State courts. 206. Order to compel arbitration; appointment of arbitrators. 207. Award of arbitrators; confirmation; jurisdiction; proceeding. 208. Chapter 1; residual application. AMENDMENTS 1970 - Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692, added heading for chapter 2 and analysis of sections for such chapter. ------DocID 11802 Document 900 of 1400------ -CITE- 10 USC CHAPTER 2 -EXPCITE- TITLE 10 Subtitle A PART I CHAPTER 2 -HEAD- CHAPTER 2 - DEPARTMENT OF DEFENSE -MISC1- Sec. 111. Executive department. 112. Department of Defense: seal. 113. Secretary of Defense. 114. Annual authorization of appropriations. 114a. Multiyear Defense Program: submission to Congress; consistency in budgeting. 115. Personnel strengths: requirement for annual authorization. 115a. Annual manpower requirements report. 115b. Annual report on National Guard and reserve component equipment. 116. Annual operations and maintenance report. (117, 118. Repealed.) 119. Special access programs: congressional oversight. AMENDMENTS 1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1402(a)(3)(B), Nov. 5, 1990, 104 Stat. 1674, which directed amendment of item 114a by substituting 'Multiyear' for 'Five-year', was executed by substituting 'Multiyear' for 'Five-Year' as the probable intent of Congress. Pub. L. 101-510, div. A, title XIII, Sec. 1331(1), title XIV, Sec. 1483(c)(1), Nov. 5, 1990, 104 Stat. 1673, 1715, substituted 'Personnel strengths: requirement for annual authorization' for 'Annual authorization of personnel strengths; annual manpower requirements report' in item 115, added items 115a and 115b, and struck out items 117 'Annual report on North Atlantic Treaty Organization readiness' and 118 'Sale or transfer of defense articles: reports to Congress'. 1989 - Pub. L. 101-189, div. A, title XVI, Sec. 1602(a)(2), Nov. 29, 1989, 103 Stat. 1597, added item 114a. 1987 - Pub. L. 100-180, div. A, title XI, Sec. 1132(a)(2), Dec. 4, 1987, 101 Stat. 1152, added item 119. 1986 - Pub. L. 99-433, title I, Sec. 101(a)(1), Oct. 1, 1986, 100 Stat. 994, added chapter heading and analysis of sections for chapter 2, consisting of items 111 to 118. ------DocID 14582 Document 901 of 1400------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 2 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS GENERAL -HEAD- Rule 2. Seal -STATUTE- The official seal of the court is as follows: In front of a silver sword, point up, a gold and silver balance supporting a pair of silver scales, encircled by an open wreath of oak leaves, green with gold acorns; all on a grey-blue background and within a dark blue band edged in gold and inscribed 'UNITED STATES COURT OF MILITARY APPEALS' in gold letters. (E.O. 10295, September 28, 1951, 16 F.R. 10011; 3 CFR Supp.) ------DocID 14642 Document 902 of 1400------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 2 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 2. Jurisdiction -STATUTE- (a) The jurisdiction of the Court is as follows: (1) Review Under Article 66. All cases of trial by court-martial in which the sentence as approved extends to: (A) death; or (B) dismissal of a commissioned officer, cadet or midshipman, dishonorable or bad conduct discharge, or confinement for 1 year or longer; and the accused has not waived or withdrawn appellate review. (2) Review upon Direction of the Judge Advocate General Under Article 69. All cases of trial by general court-martial in which there has been a finding of guilty and a sentence: (A) for which Article 66 does not otherwise provide appellate review, and (B) which the Judge Advocate General forwards to the Court for review, and (C) in which the accused has not waived or withdrawn appellate review. (3) Review Under Article 62. All cases of trial by court-martial in which a punitive discharge may be adjudged and a military judge presides, and in which the Government appeals an order or ruling of the military judge that terminates the proceedings with respect to a charge or specification or excludes evidence that is substantial proof of a fact material to the proceedings. (4) Review Under Article 73. All petitions for a new trial in cases of trial by court-martial which are referred to the Court by the Judge Advocate General. (b) Extraordinary Writs. The Court may, in its discretion, entertain petitions for extraordinary relief including, but not limited to, writs of mandamus, writs of prohibition, writs of habeas corpus, and writs of error coram nobis. (c) Effect of Rules on Jurisdiction. Nothing in these Rules shall be construed to extend or limit the jurisdiction of the Courts of Military Review as established by law. ------DocID 14669 Document 903 of 1400------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW ATTACHMENT 2 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW ATTACHMENT 2 -HEAD- ATTACHMENT 2 -MISC1- FORMAT FOR ASSIGNMENT OF ERRORS AND BRIEF ON BEHALF OF ACCUSED (RULE 16) in the united states army (FOOTNOTE 1) court of military review --------------------------------------------------------------------- --------------------------------------------------------------------- UNITED STATES v. assignment of errors Private (E-1) JOHN and brief on RICHARD DOE, SSN behalf of 000-00-0000, U.S. accused Army, Replacement Case No. XXXX Detachment, 300th Tried atXXXX, Administration onXXXXX Company, 300th before a G.C.M. Infantry Division, Fort appointed by Gordon, Georgia 31093 XXXXXXXXX. ------------------------------- TO THE HONORABLE, THE JUDGES OF THE UNITED STATES ARMY (FOOTNOTE 1) COURT OF MILITARY REVIEW On XXX, the accused was tried by general court-martial. The charges and specifications upon which he was arraigned, his pleas, and the court-martial's findings were as follows: -------------------------------------- Chg I Art UCMJ: 86 Specs: 1 Summary of Offenses: AWOL (28 Jan) XX -28 FebXX) Pleas: G Findings: G Art UCMJ: Specs: 2 Summary of Offenses: AWOL (3 Mar XX -3 AprXX) Pleas: G Findings: G II Art UCMJ: 121 Specs: Summary of Offenses: Larceny of $100.00, property of U.S. Government Pleas: NG Findings: G -------------------------------------- He was sentenced to dishonorable discharge, forfeiture of all pay and allowances, confinement at hard labor for 2 years, and reduction to the lowest enlisted grade. The convening authority approved only so much of the sentence as provides for bad conduct discharge, forfeiture of $50.00 pay per month for 6 months, and reduction to the lowest enlisted grade. STATEMENT OF FACTS Those facts necessary to a disposition of the assigned errors are set forth in the argument, infra. (FOOTNOTE 2) *** ILLUSTRATIONS OR TABLE DATA OMITTED *** ERRORS AND ARGUMENT I SPECIFICATION 1 OF CHARGE I FAILS TO STATE AN OFFENSE UNDER THE UNIFORM CODE OF MILITARY JUSTICE The allegation of absence in Specification 1 of Charge I fails to indicate that the absence was 'without proper authority.' The United States Court of Military Appeals has held that such an omission is fatal to the legal sufficiency of the specification. United States v. Schultz, 16 U.S.C.M.A. 488, 37 C.M.R. 108 (1967); United States v. Fout, 3 U.S.C.M.A. 565, 13 C.M.R. 121 (1953). WHEREFORE, the findings as to Specification 1 of Charge I should be set aside and the sentence reassessed on the basis of the remaining charges and specifications. II THE MILITARY JUDGE FAILED TO TAILOR HIS INSTRUCTIONS ON SENTENCE TO THE MATTERS PRESENTED IN MITIGATION AND EXTENUATION There was extensive evidence presented on behalf of accused to establish his proper exemplary conduct in civilian and military life. (R. 108-133). The military judge limited his instructions on sentence to the maximum authorized punishment and the voting procedure. In United States v. Wheeler, 17 U.S.C.M.A. 274, 38 C.M.R. 72 (1967), the failure of the military judge to tailor the instructions on sentence to the evidence presented in mitigation and extenuation was held to require a rehearing on sentence. WHEREFORE, the sentence should be set aside and a rehearing authorized thereon. SENTENCE APPROPRIATENESS Accused is an 18-year old first time offender (Post-trial Review, p. 3) and has sincerely urged his restoration to duty. (R. 100). His immediate superiors have expressed their willingness to have accused return to his organization. (R. 110). WHEREFORE, only so much of the sentence as provides for forfeiture of $50.00 pay per month for 6 months, confinement at hard labor for 6 months, and reduction to the lowest enlisted grade should be approved by this Honorable Court. Date:XXXXX JOHN C. SMITH, Esq. 1 Act Street Union, New Jersey 07083 ALBERT JONES Captain, JAGC Appellate Defense Counsel HARRY ARNOLD Colonel, JAGC Appellate Defense Counsel CERTIFICATE OF SERVICE I certify that a copy of the foregoing was mailed or delivered to appellate Government counsel on the XXXX day of XXXXXXX, 19X. XXXXXXXXXXXX Name XXXXXXXXXXXX Address (FOOTNOTE 1) Use Navy-Marine Corps, Air Force, or Coast Guard as the case may be. (FOOTNOTE 2) Where a statement of facts generally applies to all of the assigned errors, it may be set forth here. ------DocID 15034 Document 904 of 1400------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES 7023.2 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS PART VII -HEAD- 7023.2. Adversary Proceedings Relating to Unincorporated Associations -STATUTE- Rule 23.2 F.R.Civ.P. applies in adversary proceedings. ------DocID 15132 Document 905 of 1400------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 2 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 2. - Application and Order To Pay Filing Fee in Installments -STATUTE- UNITED STATES BANKRUPTCY COURT FOR THE XXXXXX DISTRICT OF XXXXXXXXXX XXXXXXXXXXXXXXXX In re XXXXXXXXXXXXXXX, Case No. XXXX Debtor. XXXXXXXXXXXXXXXX APPLICATION TO PAY FILING FEE IN INSTALLMENTS In accordance with Bankruptcy Rule 1006, application is made for permission to pay the filing fee on the following terms: $XXXXX with the filing of the petition, and the balance of $XXXXX in XXX installments, as follows: $XXXXX on or before XXXXXXXXXX $XXXXX on or before XXXXXXXXXX $XXXXX on or before XXXXXXXXXX $XXXXX on or before XXXXXXXXXX I certify that I have not paid any money or transferred any property to an attorney or any other person for services in connection with this case or in connection with any other pending bankruptcy case and that I will not make any payment or transfer any property for services in connection with the case until the filing fee is paid in full. Dated: XXXXXX Signed: XXXXXXXX, Applicant. Address: XXXXXXX, XXXXXXXX ORDER IT IS ORDERED that the debtor pay the filing fee in installments on the terms set forth in the foregoing application. IT IS FURTHER ORDERED that until the filing fee is paid in full the debtor shall not pay, and no person shall accept, any money for services in connection with this case, and the debtor shall not relinquish, and no person shall accept, any property as payment for services in connection with this case. Dated: XXXXXX BY THE COURT XXXXXXXXXX Bankruptcy Judge -SOURCE- (As amended Sept. 19, 1986, eff. Sept. 19, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES The application for permission to pay filing fees in installments may be filed in accordance with 28 U.S.C. Sec. 1930(a), and Rule 1006. Only an individual debtor in a voluntary case, or individual debtors filing a joint petition may pay the fee in installments. If a joint petition is filed, this form may be adapted for use by both petitioners. NOTES OF ADVISORY COMMITTEE ON RULES - 1986 AMENDMENT Official Forms 2 and 3 have been combined. ------DocID 15171 Document 906 of 1400------ -CITE- 12 USC Sec. 2 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 2. Comptroller of the Currency; appointment; term -STATUTE- The Comptroller of the Currency shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold his office for a term of five years unless sooner removed by the President, upon reasons to be communicated by him to the Senate. -SOURCE- (R.S. Sec. 325; Aug. 23, 1935, ch. 614, title II, Sec. 209, 49 Stat. 707.) -COD- CODIFICATION R.S. Sec. 325 derived from act June 3, 1964, ch. 106, Sec. 1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title. Provisions of this section which prescribed the annual basic compensation of the Comptroller of the Currency were omitted to conform to the provisions of the Executive Schedule. See section 5314 of Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1935 - Act Aug. 23, 1935, struck out 'on the recommendation of the Secretary of the Treasury' after 'President', where first appearing, and changed the salary from '$5,000 a year' to '$15,000 a year'. REPEALS Act Oct. 15, 1949, ch. 695, Sec. 4, 63 Stat. 880, formerly cited as a credit to this section, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 655. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, were not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. -CROSS- CROSS REFERENCES Appointing power, see Const. art. 2, Sec. 2, cl. 2. Compensation of Comptroller, see section 5314 of Title 5, Government Organization and Employees. ------DocID 15186 Document 907 of 1400------ -CITE- 12 USC CHAPTER 2 -EXPCITE- TITLE 12 CHAPTER 2 -HEAD- CHAPTER 2 - NATIONAL BANKS -MISC1- SUBCHAPTER I - ORGANIZATION AND GENERAL PROVISIONS Sec. 21. Formation of national banking associations; incorporators; articles of association. 21a. Amendment of articles of association. 22. Organization certificate. 23. Acknowledgment and filing of certificate. 24. Corporate powers of associations. 25. Omitted. 25a. Participation by national banks in lotteries and related activities. (a) Prohibited activities. (b) Use of banking premises prohibited. (c) Definitions. (d) Lawful banking services connected with operation of lotteries. (e) Regulations; enforcement. 26. Comptroller to determine if association can commence business. 27. Certificate of authority to commence banking. 28. Publication of certificate. 29. Power to hold real property. 30. Change of name or location. 31. Rights and liabilities as affected by change of name. 32. Liabilities and suits as affected by change of name or location. 33 to 34c. Transferred. 35. Organization of State banks as national banking associations. 36. Branch banks. 37. Associations governed by chapter. 38. The National Bank Act. 39. Reservation of rights of associations organized under Act of 1863. 40. Virgin Islands; extension of National Bank Act. 41. Guam; extension of National Bank Act. 42. Territorial application. SUBCHAPTER II - CAPITAL, STOCK, AND STOCKHOLDERS 51. Requisite of capital and surplus. 51a. Preferred stock; issuance authorized. 51b. Dividends, voting, and retirement of preferred stock; individual liability. 51b-1. Consideration of preferred stock in determining impairment of capital; dividends; retirement. 51c. 'Common stock', 'capital', and 'capital stock' defined. 51d to 51f. Repealed. 52. Par value and incidents of stock; transfer of shares. 53. When capital stock paid in. 54. Repealed. 55. Enforcing payment of deficiency in capital stock; assessments; liquidation; receivership. 56. Prohibition on withdrawal of capital; unearned dividends. 57. Increase of capital by provision in articles of association. 58. Repealed. 59. Reduction of capital by vote of shareholders. 60. Dividends. (a) Periodic declaration; surplus fund. (b) Approval of Comptroller. (c) 'Net profits' defined. 61. Shareholders' voting rights; cumulative and distributive voting; preferred stock; trust shares; proxies, liability restrictions; percentage requirement exclusion of trust shares. 62. List of shareholders. 63, 64. Repealed. 64a. Individual liability of shareholders; limitation on liability. 65. Repealed. 66. Personal liability of representatives of stockholders. 67. Individual liability of shareholders; compromises; authority of receiver. SUBCHAPTER III - DIRECTORS 71. Election. 71a. Number of directors; penalties. 72. Qualifications. 73. Oath. 74. Vacancies. 75. Legal holiday, annual meeting on; proceedings where no election held on proper day. 76. President of bank as member of board; chairman of board. 77. Repealed. 78. Certain persons excluded from serving as officers, directors or employees of member banks. SUBCHAPTER IV - REGULATION OF THE BANKING BUSINESS; POWERS AND DUTIES OF NATIONAL BANKS 81. Place of business. 82. Repealed. 83. Loans on or purchase by bank of own stock. 84. Lending limits. (a) Total loans and extensions of credit. (b) Definitions. (c) Exceptions. (d) Authority of Comptroller of the Currency. 85. Rate of interest on loans, discounts and purchases. 86. Usurious interest; penalty for taking; limitations. 86a. Omitted. 87. Restriction on use by bank of its circulating notes. 88. Restriction on use by bank of notes of other banks. 89. Duty of bank to receive circulating notes of other banks in payment of debts. 90. Depositaries of public moneys and financial agents of Government. 91. Transfers by bank and other acts in contemplation of insolvency. 92. Omitted. 92a. Trust powers. (a) Authority of Comptroller of the Currency. (b) Grant and exercise of powers deemed not in contravention of State or local law. (c) Segregation of fiduciary and general assets; separate books and records; access of State banking authorities to reports of examinations, books, records, and assets. (d) Prohibited operations; separate investment account; collateral for certain funds used in conduct of business. (e) Lien and claim upon bank failure. (f) Deposits of securities for protection of private or court trusts; execution of and exemption from bond. (g) Officials' oath or affidavit. (h) Loans of trust funds to officers and employees prohibited; penalties. (i) Considerations determinative of grant or denial of applications; minimum capital and surplus for issuance of permit. (j) Surrender of authorization; board resolution; Comptroller certification; activities affected; regulations. (k) Revocation; procedures applicable. 93. Violation of provisions of chapter. (a) Forfeiture of franchise; personal liability of directors. (b) Civil money penalty. (c) Notice under this section after separation from service. 93a. Authority to prescribe rules and regulations. 94. Venue of suits. 94a. Repealed. 95. Emergency limitations and restrictions on business of members of Federal reserve system; designation of legal holiday for national banking associations; exceptions; 'State' defined. 95a. Regulation of transactions in foreign exchange of gold and silver; property transfers; vested interests, enforcement and penalties. 95b. Ratification of acts of President and Secretary of Treasury under section 95a. SUBCHAPTER V - OBTAINING AND ISSUING CIRCULATING NOTES 101. Delivery of circulating notes; deposit of bonds. 101a. Deposit of bonds to secure circulation. 102. 'United States bonds' as including registered bonds. 103. Denominations of notes; limitation on amount of $1 and $2 notes. 104. Printing notes; form. 105. Printing charter numbers on notes. 106. Distinctive paper for printing. 107. Custody of plates and dies; payment of expenses. 108. Examination of plates, dies, and other material; destruction of obsolete material. 109. Issuance of notes by banks; obligation; signatures of officers; demands for which notes shall be received. 110. Issue by banks of unauthorized notes; prohibition. SUBCHAPTER VI - REDEMPTION AND REPLACEMENT OF CIRCULATING NOTES 121. Redemption of notes by Treasurer of United States; reserve in Treasury; disposition of notes unfit for use; expenses. 121a. Redemption of notes unidentifiable as to bank of issue. 122. Repealed. 122a. Redeemed notes of unidentifiable issue; funds charged against. 123. Redemption of notes by bank at own counter. 124. Destroying and replacing notes unfit for use. 125. Redemption of lost or stolen notes. 126. Return to Treasury of notes of failed or liquidated banks for redemption. 127. Repealed. SUBCHAPTER VII - PROCEEDINGS ON FAILURE OF BANK TO REDEEM CIRCULATING NOTES 131. Protest of notes; waiver. 132. Examination of conditions by special agent; forfeiture of bonds. 133. Continuing business after default. 134. Notice by Comptroller to holders to present notes for payment; redemption; cancellation of bonds. 135. Disposition of redeemed notes; perpetuation of evidence of payment. 136. Cancellation of redeemed notes. 137. Sale of bonds at auction; lien on assets. 138. Sale of bonds at private sale. SUBCHAPTER VIII - RESERVE CITIES; LAWFUL RESERVES 141. Central reserve and reserve cities; designation. 142. Banks in reserve cities; reserves. 143. Banks in Alaska and insular possessions; lawful money reserves. 144. Certain balances counted toward reserves in dependencies and insular possessions. 145, 146. Repealed. SUBCHAPTER IX - FORMATION OF ASSOCIATIONS TO ISSUE GOLD NOTES 151. Organization of associations to issue gold notes. 152. Lawful money reserve of associations issuing gold notes; receiving notes of other associations. 153. Conversion of gold banks into currency banks. SUBCHAPTER X - BANK EXAMINATIONS; REPORTS 161. Reports to Comptroller of the Currency. (a) Reports of condition; form; contents; date of making; publication. (b) Payment of dividends. (c) Reports of affiliates; form; contents; date of making; publication; penalties. 162, 163. Repealed. 164. Penalty for failure to make reports. (a) First tier. (b) Second tier. (c) Third tier. (d) Assessment; etc. (e) Hearing. 165. Omitted. SUBCHAPTER XI - MISCELLANEOUS PROVISIONS REGARDING UNITED STATES BONDS IN RELATION TO NATIONAL BANKS 168. Taking up bonds; return of circulating notes. 169. Exchange of coupon for registered bonds. 170. Transfers of bonds; manner of making. 171. Registry of transferred bonds. 172. Notice of transfers. 173. Examination of registry and bonds. 174. Annual examination of bonds by associations. 175. Custody of bonds and collection of interest. 176. Withdrawal of notes on deposit of money and withdrawal of bonds. 177. Amount of bonds required on deposit; reduction of amount or retirement in full of circulating notes. 177a. Simplification of Treasurer's accounts; funds available for cost of transporting and redeeming national and Federal Reserve bank notes. 178. Withdrawal of notes on deposit of money and withdrawal of bonds or other securities. SUBCHAPTER XII - VOLUNTARY DISSOLUTION 181. Voluntary dissolution; appointment and removal of liquidating agent or committee; examination. 182. Notice of intent to dissolve. 183. Deposit of money to redeem outstanding circulation. 184. Exemption as to an association consolidating with another. 185. Reassignment of bonds and redemption of notes. 186. Destruction of redeemed notes. SUBCHAPTER XIII - RECEIVERSHIP 191. General grounds for appointment of receiver. 192. Default in payment of circulating notes. 193. Notice to present claims. 194. Dividends on adjusted claims; distribution of assets. 195. Injunction by bank denying failure to redeem notes. 196. Fees and expenses. 197. Shareholders' meeting; continuance of receivership; appointment of agent; winding up business; distribution of assets. 197a. Resumption of business by closed bank on consent of depositors. 198. Purchase by receiver of property of bank; request to Comptroller. 199. Approval of request. 200. Payment. SUBCHAPTER XIV - BANK CONSERVATION ACT 201. Short title. 202. Definitions. 203. Appointment of conservator. (a) Appointment. (b) Judicial review. (c) Additional grounds for appointment. (d) Exclusive authority. (e) Replacement of conservator. 204. Examinations. 205. Termination of conservatorship. (a) General rule. (b) Other grounds for termination. (c) Enforcement under Federal Deposit Insurance Act. (d) Action upon termination. 206. Conservator; powers and duties. (a) General powers. (b) Subject to rules of Comptroller. (c) Payment of depositors and creditors. (d) Compensation of conservator and employees. (e) Expenses. 207, 208. Repealed. 209. Liability protection. (a) Federal agency and employees. (b) Other conservators. (c) Indemnification. 210. Governmental powers unimpaired. 211. Rules and regulations. (a) In general. (b) F.D.I.C. as conservator. 212. Right to amend; separability. 213. Transferred. SUBCHAPTER XV - CONVERSION OF NATIONAL BANKS INTO STATE BANKS 214. Definitions. 214a. Procedure for conversion, merger, or consolidation; vote of stockholders. (a) Approval of board of directors; publication of notice of stockholders' meeting; waiver of publication; notice by registered or certified mail. (b) Rights of dissenting stockholders. 214b. Continuation of business and corporate entity. 214c. Conversions in contravention of State law. SUBCHAPTER XVI - CONSOLIDATION AND MERGER 215. Consolidation of national banks or State banks with national banks. (a) Approval of Comptroller, board and shareholders; terms and conditions; notice. (b) Liability of consolidated association; capital stock; dissenting shareholders. (c) Valuation of shares. (d) Appraisal by Comptroller; expenses of consolidated association; sale and resale of shares; State appraisal and consolidation law. (e) Status of consolidated association; property rights and interests vested and held as fiduciary. (f) Removal as fiduciary; discrimination. (g) Issuance of stock by consolidated association; preemptive rights. 215a. Merger of national banks or State banks into national banks. (a) Approval of Comptroller, board and shareholders; merger agreement; notice; capital stock; liability of receiving association. (b) Dissenting shareholders. (c) Valuation of shares. (d) Application to shareholders of merging associations: appraisal by Comptroller; expenses of receiving association; sale and resale of shares; State appraisal and merger law. (e) Status of receiving association; property rights and interests vested and held as fiduciary. (f) Removal as fiduciary; discrimination. (g) Issuance of stock by receiving association; preemptive rights. 215b. Definitions. SUBCHAPTER XVII - DISPOSITION OF UNCLAIMED PROPERTY RECOVERED FROM CLOSED NATIONAL BANKS 216. Purpose. 216a. Definitions. 216b. Disposition of unclaimed property. (a) Limitations for filing claims; publication of notice in Federal Register; contents of notice; disclosure of descriptive information; inspection of specific property. (b) Delivery of property to claimant upon proof of entitlement; determination of validity of claims; recoupment of expenses; liability for losses; insurance requirements. (c) Vesting of rights, title and interest in unclaimed property in United States; sale, use, destruction or disposition of property; proceeds of sale as miscellaneous receipts. (d) Liability for determination of validity of claims; liability for delivery, sale, etc., of property. (e) Court action for determination of ownership, etc., in State or Federal court of competent jurisdiction; de novo nature of action; parties. (f) Jurisdiction of United States Claims Court of actions against United States, Comptroller, officer, etc.; scope of review of actions of Comptroller; limitations; claims against Comptroller, officer, etc., as claim against United States. 216c. Rules and regulations. 216d. Severability. -SECREF- NATIONAL BANK ACT REFERRED TO IN OTHER SECTIONS Sections 21 et seq. of this title are referred to in sections 35, 40, 41, 377, 501a, 1440, 1817, 2254, 3102 of this title; title 18 section 334; title 28 section 1348. ------DocID 15608 Document 908 of 1400------ -CITE- 12 USC Sec. 635a-2 -EXPCITE- TITLE 12 CHAPTER 6A SUBCHAPTER I -HEAD- Sec. 635a-2. Implementation of regulations and procedures to lessen adverse effect of loans and guarantees on industries in United States; report by United States International Trade Commission; written consideration of views of adversely affected parties -STATUTE- The Bank shall implement such regulations and procedures as may be appropriate to insure that full consideration is given to the extent to which any loan or financial guarantee is likely to have an adverse effect on industries, including agriculture, and employment in the United States, either by reducing demand for goods produced in the United States or by increasing imports to the United States. To carry out the purposes of this subsection, (FOOTNOTE 1) the Bank shall request, and the United States International Trade Commission shall furnish, a report assessing the impact of the Bank's activities on industries and employment in the United States. Such report shall include an assessment of previous loans or financial guarantees and shall provide recommendations concerning general areas which may adversely affect domestic industries, including agriculture, and employment. After October 1, 1983, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. In all cases to which this section applies, the Bank shall consider and address in writing the views of parties or persons who may be substantially adversely affected by the loan or guarantee prior to taking final action on the loan or guarantee. This requirement does not subject the Bank to the provisions of subchapter II of chapter 5 of title 5. (FOOTNOTE 1) So in original. Probably should be 'section,'. -SOURCE- (Pub. L. 95-630, title XIX, Sec. 1911, Nov. 10, 1978, 92 Stat. 3726; Pub. L. 98-181, title VI, Sec. 632, Nov. 30, 1983, 97 Stat. 1262; Pub. L. 99-472, Sec. 12, Oct. 15, 1986, 100 Stat. 1204.) -COD- CODIFICATION Section was enacted as part of the Export-Import Bank Act Amendments of 1978, and not as part of the Export-Import Bank Act of 1945 which comprises this subchapter. -MISC3- AMENDMENTS 1986 - Pub. L. 99-472 inserted provisions which required written consideration by Bank of views of parties or persons who may be substantially adversely affected by loan or guarantee prior to taking final action on loan or guarantee without subjecting Bank to subchapter II of chapter 5 of title 5. 1983 - Pub. L. 98-181 inserted provision that after October 1, 1983, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. EFFECTIVE DATE Section effective Nov. 10, 1978, see section 1917 of Pub. L. 95-630, set out as an Effective Date of 1978 Amendment note under section 635 of this title. ------DocID 15620 Document 909 of 1400------ -CITE- 12 USC Sec. 635i-2 -EXPCITE- TITLE 12 CHAPTER 6A SUBCHAPTER I -HEAD- Sec. 635i-2. Capital level of Bank -STATUTE- After fiscal year 1983, if at the end of any fiscal quarter the value of the total capital stock and retained earnings of the Bank falls below 50 per centum of the value of the total capital stock and retained earnings of the Bank at the end of fiscal year 1983, the Board of Directors shall notify the Congress of the decrease in the level of the capital stock of the Bank not later than thirty days after the end of the fiscal quarter involved and the Congress shall take appropriate action. -SOURCE- (July 31, 1945, ch. 341, Sec. 14, as added Nov. 30, 1983, Pub. L. 98-181, title VI, Sec. 621, 97 Stat. 1261.) ------DocID 15737 Document 910 of 1400------ -CITE- 12 USC Sec. 1020a-2, 1020a-3 -EXPCITE- TITLE 12 CHAPTER 7 SUBCHAPTER II-A -HEAD- Sec. 1020a-2, 1020a-3. Omitted -COD- CODIFICATION Section 1020a-2, act June 4, 1956, ch. 355, title IV, 70 Stat. 239, which related to maximum amounts available for administrative expenses, was from the Department of Agriculture and Farm Credit Administration Appropriation Act, 1957, and was not repeated in subsequent appropriation acts. Section 1020a-3, Pub. L. 87-112, title IV, July 26, 1961, 75 Stat. 240, which limited the aggregate amount of bonds issued and outstanding, was from the Department of Agriculture and Related Agencies Appropriation Act, 1962, and was not repeated in subsequent appropriations acts. -MISC3- SIMILAR PROVISIONS Similar provisions to section 1020a-2 of this title were contained in the following acts: May 23, 1955, ch. 43, title IV, 69 Stat. 62. June 29, 1954, ch. 409, title IV, 68 Stat. 317. July 28, 1953, ch. 251, title II, 67 Stat. 222. July 5, 1952, ch. 574, title II, 66 Stat. 353. Aug. 31, 1951, ch. 374, title III, 65 Stat. 245. Sept. 6, 1950, ch. 896, Ch. VI, title II, 64 Stat. 677. June 29, 1949, ch. 280, title II, 63 Stat. 346, 347. Similar provisions to section 1020a-3 of this title were contained in the following acts: June 29, 1960, Pub. L. 86-532, title III, 74 Stat. 244. July 8, 1959, Pub. L. 86-80, title III, 73 Stat. 179. June 13, 1958, Pub. L. 85-459, title III, 72 Stat. 199. Aug. 2, 1957, Pub. L. 85-118, title IV, 71 Stat. 339. ------DocID 15781 Document 911 of 1400------ -CITE- 12 USC Sec. 1131g-2, 1131h -EXPCITE- TITLE 12 CHAPTER 7 SUBCHAPTER IV Production Credit Associations -HEAD- Sec. 1131g-2, 1131h. Repealed. Pub. L. 92-181, title V, Sec. 5.26(a), Dec. 10, 1971, 85 Stat. 624 -MISC1- Section 1131g-2, acts June 18, 1934, ch. 574, 48 Stat. 983; June 3, 1935, ch. 164, Sec. 17(c), 49 Stat. 318, provided for loans to oyster planters and purchase and discount of paper by intermediate credit banks. Section 1131h, act June 16, 1933, ch. 98, title II, Sec. 24, 48 Stat. 261, covered borrowing from and rediscounting paper with intermediate credit banks and limitations on power to borrow from or rediscount paper with other institutions. ------DocID 15900 Document 912 of 1400------ -CITE- 12 USC Sec. 1441a-2 -EXPCITE- TITLE 12 CHAPTER 11 -HEAD- Sec. 1441a-2. Authorization for State housing finance agencies and nonprofit entities to purchase mortgage-related assets -STATUTE- (a) Authorization Notwithstanding any other provision of Federal or State law, a State housing finance authority or nonprofit entity may purchase mortgage-related assets from the Resolution Trust Corporation or from financial institutions with respect to which the Federal Deposit Insurance Corporation is acting as a conservator or receiver (including assets associated with any trust business), and any contract for such purchase shall be effective in accordance with its terms without any further approval, assignment, or consent with respect to that contract. (b) Investment requirement Any State housing finance authority or nonprofit entity which purchases mortgage-related assets pursuant to subsection (a) of this section shall invest any net income attributable to the ownership of those assets in financing, refinancing, or rehabilitating low- and moderate-income housing within the jurisdiction of the State housing finance authority or within the geographical area served by the nonprofit entity. -SOURCE- (Pub. L. 101-73, title XIII, Sec. 1302, Aug. 9, 1989, 103 Stat. 548.) -COD- CODIFICATION Section was enacted as part of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and not as part of the Federal Home Loan Bank Act which comprises this chapter. -CROSS- DEFINITIONS The definitions in section 1441a-1 of this title apply to this section. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1441a-1 of this title. ------DocID 15946 Document 913 of 1400------ -CITE- 12 USC Sec. 1701d-1, 1701d-2 -EXPCITE- TITLE 12 CHAPTER 13 -HEAD- Sec. 1701d-1, 1701d-2. Repealed. Pub. L. 90-19, Sec. 6(i), 12(a), May 25, 1967, 81 Stat. 22, 23 -MISC1- Section 1701d-1, act July 15, 1949, ch. 338, title VI, Sec. 605, 63 Stat. 440, provided for appointment and duties of a Deputy Housing and Home Finance Administrator, including status of acting Administrator during absence, disability, or vacancy in office. Section 1701d-2, act Aug. 11, 1955, ch. 783, title I, Sec. 113, 69 Stat. 642, prescribed compensation of Community Facilities Commissioner at same rate established for heads of constituent agencies of the Housing and Home Finance Agency. See section 5315 of Title 5, Government Organization and Employees. Section was previously repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 658. ------DocID 15961 Document 914 of 1400------ -CITE- 12 USC Sec. 1701j-2 -EXPCITE- TITLE 12 CHAPTER 13 -HEAD- Sec. 1701j-2. National Institute of Building Sciences -STATUTE- (a) Congressional findings and declaration of purpose (1) The Congress finds (A) that the lack of an authoritative national source to make findings and to advise both the public and private sectors of the economy with respect to the use of building science and technology in achieving nationally acceptable standards and other technical provision for use in Federal, State, and local housing and building regulations is an obstacle to efforts by and imposes severe burdens upon all those who procure, design, construct, use, operate, maintain, and retire physical facilities, and frequently results in the failure to take full advantage of new and useful developments in technology which could improve our living environment; (B) that the establishment of model buildings codes or of a single national building code will not completely resolve the problem because of the difficulty at all levels of government in updating their housing and building regulations to reflect new developments in technology, as well as the irregularities and inconsistencies which arise in applying such requirements to particular localities or special local conditions; (C) that the lack of uniform housing and building regulatory provisions increases the costs of construction and thereby reduces the amount of housing and other community facilities which can be provided; and (D) that the existence of a single authoritative nationally recognized institution to provide for the evaluation of new technology could facilitate introduction of such innovations and their acceptance at the Federal, State, and local levels. (2) The Congress further finds, however, that while an authoritative source of technical findings is needed, various private organizations and institutions, private industry, labor, and Federal and other governmental agencies and entities are presently engaged in building research, technology development, testing, and evaluation, standards and model code development and promulgation, and information dissemination. These existing activities should be encouraged and these capabilities effectively utilized wherever possible and appropriate to the purposes of this section. (3) The Congress declares that an authoritative nongovernmental instrument needs to be created to address the problems and issues described in paragraph (1), that the creation of such an instrument should be initiated by the Government, with the advice and assistance of the National Academy of Sciences-National Academy of Engineering-National Research Council (hereinafter referred to as the 'Academies-Research Council') and of the various sectors of the building community, including labor and management, technical experts in building science and technology, and the various levels of government. (b) Establishment; advice and assistance of Academies-Research Council and other agencies and organizations knowledgeable in building technology (1) There is authorized to be established, for the purposes described in subsection (a)(3) of this section, an appropriate nonprofit, nongovernmental instrument to be known as the National Institute of Building Sciences (hereinafter referred to as the 'Institute'), which shall not be an agency or establishment of the United States Government. The Institute shall be subject to the provisions of this section and, to the extent consistent with this section, to a charter of the Congress if such a charter is requested and issued or to the District of Columbia Nonprofit Corporation Act (D.C. Code, Sec. 29-501 et seq.) if that is deemed preferable. (2) The Academies-Research Council, along with other agencies and organizations which are knowledgeable in the field of building technology, shall advise and assist in (A) the establishment of the Institute; (B) the development of an organizational framework to encourage and provide for the maximum feasible participation of public and private scientific, technical, and financial organizations, institutions, and agencies now engaged in activities pertinent to the development, promulgation, and maintenance of performance criteria, standards, and other technical provisions for building codes and other regulations; and (C) the promulgation of appropriate organizational rules and procedures including those for the selection and operation of a technical staff, such rules and procedures to be based upon the primary object of promoting the public interest and insuring that the widest possible variety of interests and experience essential to the functions of the Institute are represented in the Institute's operations. Recommendations of the Academies-Research Council shall be based upon consultations with and recommendations from various private organizations and institutions, labor, private industry, and governmental agencies entities operating in the field, and the Consultative Council as provided for under subsection (c)(8) of this section. (3) Nothing in this section shall be construed as expressing the intent of the Congress that the Academies-Research Council itself be required to assume any function or operation vested in the Institute by or under this section. (c) Board of Directors; number; appointment; membership; terms of office; vacancies; appointment, etc., of Chairman and Vice Chairman; employees of United States; travel and subsistence expenses; appointment and compensation of president and other executive officers and employees; establishment, membership, and functions of Consultative Council (1) The Institute shall have a Board of Directors (hereinafter referred to as the 'Board') consisting of not less than fifteen nor more than twenty-one members, appointed by the President of the United States by and with the advice and consent of the Senate. The Board shall be representative of the various segments of the building community, of the various regions of the country, and of the consumers who are or would be affected by actions taken in the exercise of the functions and responsibilities of the Institute, and shall include (A) representatives of the construction industry, including representatives of construction labor organizations, product manufacturers, and builders, housing management experts, and experts in building standards, codes, and fire safety, and (B) members representative of the public interest in such numbers as may be necessary to assure that a majority of the members of the Board represent the public interest and that there is adequate consideration by the Institute of consumer interests in the exercise of its functions and responsibilities. Those representing the public interest on the Board shall include architects, professional engineers, officials of Federal, State, and local agencies, and representatives of consumer organizations. Such members of the Board shall hold no financial interest or membership in, nor be employed by, or receive other compensation from, any company, association, or other group associated with the manufacture, distribution, installation, or maintenance of specialized building products, equipment, systems, subsystems, or other construction materials and techniques for which there are available substitutes. (2) The members of the initial Board shall serve as incorporators and shall take whatever actions are necessary to establish the Institute as provided for under subsection (b)(1) of this section. (3) The term of office of each member of the initial and succeeding Boards shall be three years; except that (A) any 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; and (B) the terms of office of members first taking office shall begin on the date of incorporation and shall expire, as designated at the time of their appointment, one-third at the end of one year, one-third at the end of two years, and one-third at the end of three years. No member shall be eligible to serve in excess of three consecutive terms of three years each. Notwithstanding the preceding provisions of this subsection, a member whose term has expired may serve until his successor has qualified. (4) Any vacancy in the initial and succeeding Boards shall not affect its power, but shall be filled in the manner in which the original appointments were made, or, after the first five years of operation, as provided for by the organizational rules and procedures of the Institute; except that, notwithstanding any such rules and procedures as may be adopted by the Institute, the President of the United States, by and with the advice and consent of the Senate, shall appoint, as representative of the public interest, two of the members of the Board of Directors selected each year for terms commencing in that year. (5) The President shall designate one of the members appointed to the initial Board as Chairman; thereafter, the members of the initial and succeeding Boards shall annually elect one of their number as Chairman. The members of the Board shall also elect one or more of their Members as Vice Chairman. Terms of the Chairman and Vice Chairman shall be for one year and no individual shall serve as Chairman or Vice Chairman for more than two consecutive terms. (6) The members of the initial or succeeding Boards shall not, by reason of such membership, be deemed to be employees of the United States Government. They shall, while attending meetings of the Board or while engaged in duties related to such meetings or in other activities of the Board pursuant to this section, be entitled to receive compensation at the rate of $100 per day including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, equal to that authorized under section 5703 of title 5, for persons in the Government service employed intermittently. (7) The Institute shall have a president and such other executive officers and employees as may be appointed by the Board at rates of compensation fixed by the Board. No such executive officer or employee may receive any salary or other compensation from any source other than the Institute during the period of his employment by the Institute. (8) The Institute shall establish, with the advice and assistance of the Academies-Research Council and other agencies and organizations which are knowledgeable in the field of building technology, a Consultative Council, membership in which shall be available to representatives of all appropriate private trade, professional, and labor organizations, private and public standards, code, and testing bodies, public regulatory agencies, and consumer groups, so as to insure a direct line of communication between such groups and the Institute and a vehicle for representative hearings on matters before the Institute. (d) Financial restrictions and prohibitions (1) The Institute shall have no power to issue any shares of stock, or to declare or pay any dividends. (2) No part of the income or assets of the Institute shall inure to the benefit of any director, officer, employee, or other individual except as salary or reasonable compensation for services. (3) The Institute shall not contribute to or otherwise support any political party or candidate for elective public office. (e) Exercise of functions and responsibilities (1) The Institute shall exercise its functions and responsibilities in four general areas, relating to building regulations, as follows: (A) Development, promulgation, and maintenance of nationally recognized performance criteria, standards, and other technical provisions for maintenance of life, safety, health, and public welfare suitable for adoption by building regulating jurisdictions and agencies, including test methods and other evaluative techniques relating to building systems, subsystems, components, products, and materials with due regard for consumer problems. (B) Evaluation and prequalification of existing and new building technology in accordance with subparagraph (A). (C) Conduct of needed investigations in direct support of subparagraphs (A) and (B). (D) Assembly, storage, and dissemination of technical data and other information directly related to subparagraphs (A), (B), and (C). (2) The Institute in exercising its functions and responsibilities described in paragraph (1) shall assign and delegate, to the maximum extent possible, responsibility for conducting each of the needed activities described in paragraph (1) to one or more of the private organizations, institutions, agencies, and Federal and other governmental entities with a capacity to exercise or contribute to the exercise of such responsibility, monitor the performance achieved through assignment and delegation, and, when deemed necessary, reassign and delegate such responsibility. (3) The Institute in exercising its functions and responsibilities under paragraphs (1) and (2) shall (A) give particular attention to the development of methods for encouraging all sectors of the economy to cooperate with the Institute and to accept and use its technical findings, and to accept and use the nationally recognized performance criteria, standards, and other technical provisions developed for use in Federal, State, and local building codes and other regulations which result from the program of the Institute; (B) seek to assure that its actions are coordinated with related requirements which are imposed in connection with community and environmental development generally; and (C) consult with the Department of Justice and other agencies of government to the extent necessary to insure that the national interest is protected and promoted in the exercise of its functions and responsibilities. (f) Contract and grant authorization; donations; fees; amounts received in addition to amounts appropriated (1) The Institute is authorized to accept contracts and grants from Federal, State, and local governmental agencies and other entities, and grants and donations from private organizations, institutions, and individuals. (2) The Institute may, in accordance with rates and schedules established with guidance as provided under subsection (b)(2) of this section, establish fees and other charges for services provided by the Institute or under its authorization. (3) Amounts received by the Institute under this section shall be in addition to any amounts which may be appropriated to provide its initial operating capital under subsection (h) of this section. (g) Technical findings and performance criteria and standards; applicability and use by Federal departments, agencies, and establishments, and State and local governments; supporting grants and contracts (1) Every department, agency, and establishment of the Federal Government, in carrying out any building or construction, or any building- or construction-related programs, which involves direct expenditures, and in developing technical requirements for any such building or construction, shall be encouraged to accept the technical findings of the Institute, or any nationally recognized performance criteria, standards, and other technical provisions for building regulations brought about by the Institute, which may be applicable. (2) All projects and programs involving Federal assistance in the form of loans, grants, guarantees, insurance, or technical aid, or in any other form, shall be encouraged to accept, use, and comply with any of the technical findings of the Institute, or any nationally recognized performance criteria, standards, and other technical provisions for building codes and other regulations brought about by the Institute, which may be applicable to the purposes for which the assistance is to be used. (3) Every department, agency, and establishment of the Federal Government having responsibility for building or construction, or for building- or construction-related programs, is authorized and encouraged to request authorization and appropriations for grants to the Institute for its general support, and is authorized to contract with and accept contracts from the Institute for specific services where deemed appropriate by the responsible Federal official involved. (4) The Institute shall establish and carry on a specific and continuing program of cooperation with the States and their political subdivisions designed to encourage their acceptance of its technical findings and of nationally recognized performance criteria, standards, and other technical provisions for building regulations brought about by the Institute. Such program shall include (A) efforts to encourage any changes in existing State and local law to utilize or embody such findings and regulatory provisions; and (B) assistance to States in the development of inservice training programs for building officials, and in the establishment of fully staffed and qualified State technical agencies to advise local officials on questions of technical interpretation. (h) Advanced Building Technology Program (1) Establishment of Advanced Building Technology Council There is established within the Institute, the Advanced Building Technology Council (hereafter referred to as the 'Council'). (2) Purposes The Council shall carry out an Advanced Building Technology Program for the purposes of - (A) identifying, selecting, and evaluating existing and new building technologies, including energy cost savings technologies, that conform to recognized performance criteria and meet applicable test standards for maintenance of life, safety, health, and public welfare when used in occupied buildings; (B) to the extent necessary, developing criteria for the use of such technology; (C) conducting economic analyses of proposed new technologies when produced and installed in buildings at volumes associated with comparable conventional technologies; (D) in cooperation with the appropriate Federal agencies, advising building designers, installers, subcontractors, contractors and supervisory officials on the appropriate design and use of new building technology incorporated in federally owned or operated buildings; (E) in cooperation with the appropriate Federal agencies, monitoring and evaluating the performance of new building technologies for at least 1 year after installation and building occupancy; and (F) disseminating resulting data to affected parties through automated information management systems. (3) Council membership The Council shall be comprised of not less than 6 and not more than 11 members selected by the Secretary of Housing and Urban Development from among representatives of the various segments of the nationwide building community that have extensive experience in building industries, including, but not limited to - (A) product manufacturers; (B) experts in the fields of health, fire hazards, and safety; and (C) independent representatives of the public interest such as architects, professional engineers, and representatives of consumer organizations, except that serving members of the National Institute of Building Sciences Advisory Council shall not be eligible to serve simultaneously on the Council. (4) Federal participation (A) In general Any agency of the Federal Government involved in any building or construction may participate in the Advanced Building Technology Program with the Council to develop and implement programs to incorporate one or more of the recommended new technologies in a new or existing building within the agency. (B) Required assurances Upon agreement between a participating Federal agency and the Council, with respect to the selection of the appropriate technology and the schedule of necessary work, the Council shall - (i) provide the Federal agency with a 5-year guarantee from the technology manufacturer that - (I) all necessary corrections to the technology will be made in the design, installation, and maintenance of the technology; (II) all malfunctions will be repaired without delay; and (III) the technology manufacturer will be responsible for removal of the technology in the event of its failure to perform as required; (ii) provide the Federal agency and its officials responsible for constructing or renovating buildings utilizing the new technology, as well as the designers, installers, subcontractors, and contractors responsible for the design, construction, or renovation of the buildings utilizing such technology with the technical information necessary to ensure its most appropriate use, (iii) in cooperation with the Federal agency, monitor and evaluate the performance of the new technology, and (iv) prepare reports to be made available to public agencies at all levels of government, the industry, and the public on the performance of the new technology. (5) Report to the Institute The Council shall submit to the Institute annually a description of its activities under the Advanced Building Technology Program for inclusion in the Institute's annual report to the Congress under subsection (j) of this section. (i) Authorization of appropriations There is authorized to be appropriated to the Institute not to exceed $5,000,000 for the fiscal year 1975, and $5,000,000 for the fiscal year 1976, and $5,000,000 for each of the fiscal years 1977 and 1978, and any amounts not appropriated in fiscal years 1977 and 1978 may be appropriated in any fiscal year through 1984 (with not more than $500,000 to be appropriated for each of the fiscal years 1982, 1983, and 1984 and with each appropriation to be available until expended), to provide the Institute with initial capital adequate for the exercise of its functions and responsibilities during such years; and thereafter the Institute shall be financially self-sustaining through the means described in subsection (f) of this section. In addition to the amounts authorized to be appropriated under the first sentence of this section, there are authorized to be appropriated to the Institute to carry out the provisions of this section not to exceed $512,000 for fiscal year 1991 and $534,000 for fiscal year 1992. Any amount appropriated under the preceding sentence shall be made available for expenditure or obligation by the Institute only to the extent of an equal amount received by the Institute after November 30, 1983, from persons or entities other than the Federal Government. (j) Annual report to President for transmittal to Congress; contents The Institute shall submit an annual report for the preceding fiscal year to the President for transmittal to the Congress within sixty days of its receipt. The report shall include a comprehensive and detailed report of the Institute's operations, activities, financial condition, and accomplishments under this section and may include such recommendations as the Institute deems appropriate. -SOURCE- (Pub. L. 93-383, title VIII, Sec. 809, Aug. 22, 1974, 88 Stat. 729; Pub. L. 94-375, Sec. 24, Aug. 3, 1976, 90 Stat. 1078; Pub. L. 95-557, title III, Sec. 319, Oct. 31, 1978, 92 Stat. 2101; Pub. L. 97-35, title III, Sec. 339E, Aug. 13, 1981, 95 Stat. 417; Pub. L. 98-181, title IV, Sec. 462, Nov. 30, 1983, 97 Stat. 1232; Pub. L. 100-242, title V, Sec. 570(f), Feb. 5, 1988, 101 Stat. 1950; Pub. L. 101-625, title IX, Sec. 952, Nov. 28, 1990, 104 Stat. 4418.) -REFTEXT- REFERENCES IN TEXT The District of Columbia Nonprofit Corporation Act, referred to in subsec. (b)(1), is Pub. L. 87-569, Aug. 6, 1962, 76 Stat. 265, as amended, which appears in chapter 5 (Sec. 29-501 et seq.) of Title 29, Corporations, of the District of Columbia Code. -COD- CODIFICATION Section was enacted as part of the Housing and Community Development Act of 1974, and not as part of the National Housing Act which comprises this chapter. -MISC3- AMENDMENTS 1990 - Subsec. (h). Pub. L. 101-625, Sec. 952(b), added subsec. (h) and redesignated former subsec. (h) as (i). Pub. L. 101-625, Sec. 952(a), amended second sentence generally. Prior to amendment, second sentence read as follows: 'In addition to the amounts authorized to be appropriated under the first sentence of this section, there is authorized to be appropriated to the Institute to carry out the provisions of this section not to exceed $250,000 for fiscal year 1984.' Subsecs. (i), (j). Pub. L. 101-625, Sec. 952(b)(1), redesignated former subsecs. (h) and (i) as (i) and (j), respectively. 1988 - Subsec. (g)(4). Pub. L. 100-242, Sec. 570(f)(1), substituted 'of its' for 'and its'. Subsec. (h). Pub. L. 100-242, Sec. 570(f)(2), substituted 'preceding' for 'preceeding'. 1983 - Subsec. (h). Pub. L. 98-181 inserted provisions relating to the appropriation of not to exceed $250,000 for fiscal 1984, such amount to be made available for expenditure only to the extent of an equal amount received from persons or entities other than the Federal Government. 1981 - Subsec. (c)(4). Pub. L. 97-35, Sec. 339E(b), inserted provisions respecting Presidential appointment powers to the Board. Subsec. (h). Pub. L. 97-35, Sec. 339E(a), inserted provisions which extended authorization from 1982 to 1984, and enumerated amount for fiscal years 1982, 1983, and 1984. 1978 - Subsec. (h). Pub. L. 95-557 inserted ', and any amounts not appropriated in fiscal years 1977 and 1978 may be appropriated in any fiscal year through 1982' after '1978'. 1976 - Subsec. (h). Pub. L. 94-375 inserted ', and $5,000,000 for each of the fiscal years 1977 and 1978' after 'fiscal year 1976'. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371 of Pub. L. 97-35, set out as an Effective Date note under section 3701 of this title. NATIONAL INSTITUTE OF BUILDING SCIENCES TRUST FUND; AUTHORIZATION OF APPROPRIATIONS Pub. L. 98-396, title I, Aug. 22, 1984, 98 Stat. 1384, provided that: 'There is appropriated out of funds not otherwise appropriated, the sum of $5,000,000 to a 'National Institute of Building Sciences Trust Fund' which is hereby established in the Treasury of the United States: Provided, That the Secretary shall invest such funds in U.S. Treasury special issue securities at a fixed rate of ten per centum per annum, that such interest shall be credited to the Trust Fund on a quarterly basis, and that the Secretary shall make quarterly disbursements from such interest to the National Institute of Building Sciences: Provided further, That the total amount of such payment during any fiscal year may not exceed $500,000 or the amount equivalent to non-Federal funds received by the Institute during the preceding fiscal year, whichever is less: Provided further, That any amount of interest not used for any such annual payment shall be paid into the general fund of the Treasury: Provided further, That the appropriation of $5,000,000 made in this paragraph shall revert to the Treasury, on October 1, 1989, and the National Institute of Building Sciences Trust Fund shall terminate following the final quarterly disbursement of interest provided for in this paragraph.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 sections 1452b, 6832. ------DocID 15984 Document 915 of 1400------ -CITE- 12 USC Sec. 1701z-2 -EXPCITE- TITLE 12 CHAPTER 13 -HEAD- Sec. 1701z-2. Advanced technologies, methods, and materials for housing construction, rehabilitation, and maintenance -STATUTE- (a) General acceptance; costs, reduction; health and safety restrictions on expanded housing production The Secretary shall require, to the greatest extent feasible, the employment of new and improved technologies, methods, and materials in housing construction, rehabilitation, and maintenance under programs administered by him with a view to reducing costs, and shall encourage and promote the acceptance and application of such advanced technology, methods, and materials by all segments of the housing industry, communities, industries engaged in urban development activities, and the general public. To the extent feasible, in connection with the construction, major rehabilitation, or maintenance of any housing assisted under section 1701z-1 of this title, the Secretary shall assure that there is no restraint by contract, building code, zoning ordinance, or practice against the employment of new or improved technologies, techniques, materials, and methods or of preassembled products which may reduce the cost or improve the quality of such construction, rehabilitation, and maintenance, and therefore stimulate expanded production of housing, except where such restraint is necessary to insure safe and healthful working and living conditions. (b) Experimental construction under approved housing plans on Federal or other lands with view toward ultimate mass housing production; use of section 1701z-1 funds and authority To encourage large-scale experimentation in the use of new technologies, methods, and materials, with a view toward the ultimate mass production of housing and related facilities, the Secretary shall wherever feasible conduct programs under section 1701z-1 of this title in which qualified organizations, public and private, will submit plans for development and production of housing and related facilities using such new advances on Federal land which has been made available or acquired by the Secretary for the purpose of this subsection or on other land where (1) local building regulations permit such experimental construction, or (2) necessary variances from building regulations can be granted. The Secretary may utilize the funds and authority available to him under the provisions of section 1701z-1 of this title to assist in the implementation of plans which he approves. (c) Acquisition, use, and disposal of property; transfer of excess property Notwithstanding any other provision of law, the Secretary is authorized, in connection with projects under this title (12 U.S.C. 1701z-1 et seq.), to acquire, use and dispose of any land and other property required for the project as he deems necessary. Notwithstanding the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), any land which is excess property within the meaning of such Act and which is determined by the Secretary to be suitable in furtherance of the purposes of subsection (b) of this section may be transferred to the Secretary upon his request. (d) Technical assistance; reports; general dissemination and form of reports, data, and information In order to effectively carry out his activities under section 1701z-1 of this title, the Secretary is authorized to provide such advice and technical assistance as may be required and to pay for the cost of writing and publishing reports on activities and undertakings financed under section 1701z-1 of this title, as well as reports on similar activities and undertakings, not so financed, which are of significant value in furthering the purposes of that section. He may disseminate (without regard to the provisions of section 3204 of title 39 or section 4154 of such title with respect to any period before the effective date of such section 3204 as provided in section 15(a) of the Postal Reorganization Act) any reports, data, or information acquired or held under this title (12 U.S.C. 1701z-1 et seq.), including related data and information otherwise available to the Secretary through the operation of the programs and activities of the Department of Housing and Urban Development, in such form as he determines to be most useful to departments, establishments, and agencies of Federal, State, and local governments, to industry, and to the general public. (e) Contracts or grants; authority; advance and progress payments; work limitation The Secretary is authorized to carry out the functions authorized in section 1701z-1 of this title either directly or, without regard to section 5 of title 41, by contract or by grant. Advance and progress payment may be made under such contracts or grants without regard to the provisions of subsections (a) and (b) of section 3324 of title 31 and such contracts or grants may be made for work to continue for not more than four years from the date thereof. (f) Utilization of facilities of other agencies; working agreements, cooperative agreements, contract authority, receipt of funds, and exercise of section 1701c(c) powers In carrying out activities under section 1701z-1 of this title, the Secretary shall utilize to the fullest extent feasible the available facilities of other Federal departments and agencies, and shall consult with, and make recommendations to, such departments and agencies. The Secretary may enter into working agreements with such departments and agencies and contract or make grants on their behalf or have such departments and agencies contract or make grants on his behalf and such departments and agencies are hereby authorized to execute such contracts and grants. The Secretary is authorized to make or accept reimbursement for the cost of such activities. The Secretary is further authorized to undertake activities under this title (12 U.S.C. 1701z-1 et seq.) under cooperative agreements with industry and labor, agencies of State or local governments, educational institutions, and other organizations. He may enter into contracts with and receive funds from such agencies, institutions, and organizations, and may exercise any of the other powers vested in him by section 1701c(c) of this title. (g) Information and data; restriction on use or identification The Secretary is authorized to request and receive such information or data as he deems appropriate from private individuals and organizations, and from public agencies. Any such information or data shall be used only for the purposes for which it is supplied, and no publication shall be made by the Secretary whereby the information or data furnished by any particular person or establishment can be identified, except with the consent of such person or establishment. -SOURCE- (Pub. L. 91-609, title V, Sec. 502, Dec. 31, 1970, 84 Stat. 1784; Pub. L. 94-375, Sec. 23(c), Aug. 3, 1976, 90 Stat. 1078; Pub. L. 98-479, title II, Sec. 203(k), Oct. 17, 1984, 98 Stat. 2231.) -REFTEXT- REFERENCES IN TEXT This title, referred to in subsecs. (c), (d), and (f), is title V of the Housing and Urban Development Act of 1970, Pub. L. 91-609, Dec. 31, 1970, 84 Stat. 1784, as amended, which is classified generally to section 1701z-1 et seq., of this title. For complete classification of this Act to the Code, see Short Title of 1970 Amendments note set out under section 1701 of this title and Tables. The Federal Property and Administrative Services Act of 1949, referred to in subsec. (c), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. The provisions of that act relating to management and disposal of government property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of title 40, and Tables. For effective date of section 3204 of title 39 as provided in section 15(a) of the Postal Reorganization Act, referred to in subsec. (d), see notes preceding section 101 and under section 3204 of Title 39, Postal Service. -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -MISC3- AMENDMENTS 1984 - Subsec. (e). Pub. L. 98-479 substituted 'subsections (a) and (b) of section 3324 of title 31' for 'section 3648 of the Revised Statutes (31 U.S.C. 529)'. 1976 - Subsec. (f). Pub. L. 94-375 inserted 'and such departments and agencies are hereby authorized to execute such contracts and grants.' after 'make grants on his behalf'. ------DocID 16017 Document 916 of 1400------ -CITE- 12 USC Sec. 1709-2 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1709-2. Equity skimming; penalty; persons liable; one dwelling exemption -STATUTE- Whoever, with intent to defraud, willfully engages in a pattern or practice of - (1) purchasing one- to four-family dwellings (including condominiums and cooperatives) which are subject to a loan in default at time of purchase or in default within one year subsequent to the purchase and the loan is secured by a mortgage or deed of trust insured or held by the Secretary of Housing and Urban Development or guaranteed by the Veterans' Administration, or the loan is made by the Veterans' Administration, (2) failing to make payments under the mortgage or deed of trust as the payments become due, regardless of whether the purchaser is obligated on the loan, and (3) applying or authorizing the application of rents from such dwellings for his own use, shall be fined not more than $250,000 or imprisoned not more than 5 years, or both. This section shall apply to a purchaser of such a dwelling, or a beneficial owner under any business organization or trust purchasing such dwelling, or to an officer, director, or agent of any such purchaser. Nothing in this section shall apply to the purchaser of only one such dwelling. -SOURCE- (Pub. L. 91-609, title IX, Sec. 912, Dec. 31, 1970, 84 Stat. 1814; Pub. L. 100-242, title IV, Sec. 416(a), Feb. 5, 1988, 101 Stat. 1907.) -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -MISC3- AMENDMENTS 1988 - Pub. L. 100-242 inserted parenthetical reference to condominiums and cooperatives in par. (1), substituted 'due, regardless of whether the purchaser is obligated on the loan' for 'due' in par. (2), and substituted '$250,000' for '$5,000' and '5' for 'three' in closing provisions. -CHANGE- CHANGE OF NAME Reference to Veterans' Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. ------DocID 16056 Document 917 of 1400------ -CITE- 12 USC Sec. 1715z-2 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1715z-2. Special mortgage insurance assistance -STATUTE- (a) Purpose The purpose of this section is to help provide adequate housing for families of low and moderate income, including those who, for reasons of credit history, irregular income patterns caused by seasonal employment, or other factors, are unable to meet the credit requirements of the Secretary for the purchase of a single-family home financed by a mortgage insured under section 1709, 1715k, 1715l, 1715y, or 1715z(j)(4) of this title, but who, through the incentive of homeownership and counseling assistance, appear to be able to achieve homeownership. (b) Authorization to insure mortgages meeting requirements of section The Secretary is authorized upon application by the mortgagee to insure under this section any mortgage meeting the requirements of this section. (c) Eligibility for insurance To be eligible for insurance under this section, a mortgage shall - (1) meet the requirements of section 1709 (except subsection (m)), (FOOTNOTE 1) 1715k(d)(3)(A), 1715l(d)(2), (h)(5), (i), 1715y(c), or 1715z(j)(4) of this title, except as such requirements are modified by this section; (FOOTNOTE 1) See References in Text note below. (2) involve a principal obligation (including such initial service charges, and such appraisal, inspection, and other fees, as the Secretary shall approve) in an amount not to exceed $18,000: Provided, That the Secretary may increase the amount to not exceed $21,000 in any geographical area where he finds that cost levels so require: Provided further, That no mortgage meeting the requirements of section 1709 (h) or (i) of this title shall be eligible for insurance under this section if its principal obligation is in excess of the maximum limits prescribed in such section; (3) be executed by a mortgagor who the Secretary has determined, after a full and complete study of the case, would not be an acceptable credit risk for mortgage insurance purposes under sections 1709, 1715k, 1715l, 1715y, or 1715z(j)(4) of this title, because of his credit standing, debt obligations, total annual income, or income characteristics, but who the Secretary is satisfied would be a reasonably satisfactory credit risk, consistent with the objectives stated in subsection (a) of this section, if he were to receive budget, debt management, and related counseling: Provided, That, in determining whether the mortgagor is a reasonably satisfactory credit risk, the Secretary shall review the credit history of the applicant giving special consideration to those delinquent accounts which were ultimately paid by the applicant and to extenuating factors which may have caused credit accounts of the applicant to become delinquent; and the Secretary shall also give special consideration to income characteristics of applicants whose total income over the two years prior to their applications has remained at levels of eligibility (as required under paragraph (4) of this subsection), but who, because of the character of this seasonal employment or for other reasons, have not maintained continuous employment under one employer during that time; and (4) require monthly payments which, in combination with local real estate taxes on the property involved, do not exceed 25 per centum of the applicant's income, based on his average monthly income during the year prior to his application or the average monthly income during the three years prior to his application, whichever is higher. (d) Preferences in approving mortgage insurance applications and in providing counseling services; eligible families The Secretary shall give preference in approving mortgage insurance applications and in providing counseling services under this section (1) to families which are eligible for assistance payments under section 1715z of this title, and (2) to families living in public housing units, especially those families required to leave public housing because their incomes have risen beyond the maximum prescribed income limits, and families eligible for residence in public housing who have been displaced from federally assisted urban renewal areas. (e) Budget, debt management, and related counseling services The Secretary is authorized to provide, or contract with public or private organizations to provide, such budget, debt management, and related counseling services to mortgagors whose mortgages are insured under this section as he determines to be necessary to meet the objectives of this section. The Secretary may also provide such counseling to otherwise eligible families who lack sufficient funds to supply a down payment to help them to save an amount necessary for that purpose. (f) Aggregate principal balance of mortgages insured The aggregate principal balance of all mortgages insured under this section and outstanding at one time shall not exceed $200,000,000. (g) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the provisions of subsection (e) of this section. -SOURCE- (June 27, 1934, ch. 847, title II, Sec. 237, as added Aug. 1, 1968, Pub. L. 90-448, title I, Sec. 102(a), 82 Stat. 485, and amended Dec. 24, 1969, Pub. L. 91-152, title I, Sec. 110, 113(j), 83 Stat. 382, 385.) -REFTEXT- REFERENCES IN TEXT Section 1709(m) of this title, referred to in subsec. (c)(1), was repealed by Pub. L. 100-242, title IV, Sec. 406(c), Feb. 5, 1988, 101 Stat. 1902. -MISC2- AMENDMENTS 1969 - Subsec. (c)(2). Pub. L. 91-152, Sec. 113(j), substituted '$21,000' for '$17,500' and '$18,000' for '$15,000'. Subsec. (d). Pub. L. 91-152, Sec. 110, inserted provision requiring the Secretary to give a preference in providing counseling services to the specified families, inserted text designated as cl. (1), and designated existing text as cl. (2). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1715q, 1715z, 1715z-3, 1735c of this title. ------DocID 16117 Document 918 of 1400------ -CITE- 12 USC Sec. 1735f-2 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER V -HEAD- Sec. 1735f-2. Uniform rehabilitation standards for housing within and without urban renewal areas -STATUTE- In determining whether properties should be approved by the Secretary prior to rehabilitation and covered by mortgages insured under subchapter II of this chapter, the Secretary shall apply uniform property standards as between properties located outside urban renewal areas and those located within urban renewal areas. -SOURCE- (June 27, 1934, ch. 847, title V, Sec. 524, as added Dec. 31, 1970, Pub. L. 91-609, title I, Sec. 116, 84 Stat. 1774.) ------DocID 16175 Document 919 of 1400------ -CITE- 12 USC Sec. 1748h-2 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER VIII -HEAD- Sec. 1748h-2. Insurance of mortgages for defense housing for impacted areas -STATUTE- (a) Authorization Notwithstanding any other provision of this subchapter, the Secretary may insure and make commitments to insure any mortgage under this section which meets the eligibility requirements hereinafter set forth. (b) Eligibility requirements No mortgage shall be insured under this section unless (1) the housing which is covered by the insured mortgage is necessary in the interest of national security in order to provide adequate housing for (A) military personnel and essential civilian personnel serving or employed in connection with any installation of one of the armed services of the United States, or (B) essential personnel employed or assigned to duty at or in connection with any research or development installation of the National Aeronautics and Space Administration or of the Atomic Energy Commission, (2) there is no present intention to curtail substantially the number of such personnel assigned or to be assigned to the installation, (3) adequate housing is not available for such personnel at reasonable rentals within reasonable commuting distances of such installation, and (4) the mortgaged property will not so far as can be reasonably foreseen substantially curtail occupancy in any existing housing in the vicinity of the installation which is covered by mortgages insured under this chapter. (c) Economical soundness of property or project The Secretary may accept any mortgage for insurance under this section without regard to any requirement in any other section of this chapter that the property or project be economically sound. (d) Rental conditions; preferences and priorities in the sale or rental of dwellings The Secretary shall require each project covered by a mortgage insured under this section to be held for rental for a period of not less than five years after the project or dwelling is made available for initial occupancy or until he finds that the housing may be released from such rental condition. The Secretary shall prescribe such procedures as in his judgment are necessary to secure reasonable preference or priority in the sale or rental of dwellings covered by a mortgage insured under this section for military personnel and essential civilian employees of the armed services, employees of contractors for the armed services, and persons described in clause (1)(B) of subsection (b) of this section. (e) Property held by mortgagor approved by Secretary; acquisition of stock or interest; redemption For the purpose of providing multifamily rental housing projects or housing projects consisting of individual single-family dwellings for sale, the Secretary is authorized to insure mortgages (including advances on such mortgages during construction) which cover property held by a mortgagor approved by the Secretary. Any such mortgagor shall possess powers necessary therefor and incidental thereto and shall until the termination of all obligations of the Secretary under such insurance be regulated or restricted as to rents or sales, charges, capital structure, rate of return, and methods of operation to such extent and in such manner as to provide reasonable rentals to tenants and a reasonable return on the investment. The Secretary may make such contracts with, and acquire for not to exceed $100 such stock or interest in, any such mortgagor as he may deem necessary to render effective such restriction or regulation. Such stock or interest shall be paid for out of the General Insurance Fund, and shall be redeemed by the mortgagor at par upon the termination of all obligations of the Secretary under the insurance. (f) Mortgage limitations for multifamily rental property or project To be eligible for insurance under this section, a mortgage on any multifamily rental property or project shall involve a principal obligation in an amount not to exceed, for such part of such property or project as may be attributable to dwelling use, $9,000 per family unit without a bedroom, $12,500 per family unit with one bedroom, $15,000 per family unit with two bedrooms, and $18,500 per family unit with three or more bedrooms, and not to exceed 90 per centum of the estimated value of the property or project when the proposed physical improvements are completed. The Secretary may, by regulation, increase any of the foregoing dollar amount limitations contained in this paragraph by not to exceed 45 per centum in any geographical area where he finds that cost levels so require. (g) Mortgage limitation for property or project constructed for eventual sale of single-family dwellings To be eligible for insurance under this section a mortgage on any property or project constructed for eventual sale of single-family dwellings shall involve a principal obligation in an amount not to exceed a sum computed on the basis of a separate mortgage for each single-family dwelling (irrespective of whether such dwelling has a party wall or is otherwise physically connected with another dwelling or dwellings) comprising the property or project equal to the total of each of the maximum principal obligations of such mortgages which would meet the requirements of section 1709(b)(2) of this title if the mortgagor were the owner and occupant who had made the required payment on account of the property prescribed in such paragraph. (h) Amortization; interest; release of part of mortgaged property from lien; replacement of certain mortgages by individual mortgages; commercial and community facilities Any mortgage insured under this section shall provide for complete amortization by periodic payments within such terms as the Secretary may prescribe but not to exceed the maximum term applicable to mortgages under section 1713 of this title and shall bear interest at such rate as may be agreed upon by the mortgagor and the mortgagee, except that individual mortgages of the character described in subsection (g) of this section covering the individual dwellings in the project may have a term not in excess of the maximum term applicable to mortgages insured under section 1709 of this title or the unexpired term of the project mortgage at the time of the release of the mortgaged property from such project mortgage, whichever is the greater, and shall bear interest at such rate as may be agreed upon by the mortgagor and the mortgagee. The Secretary may consent to the release of a part or parts of the mortgaged property from the lien of the mortgage upon such terms and conditions as he may prescribe and the mortgage may provide for such release, and a mortgage of the character described in subsection (g) of this section may provide that, at any time after the release of the project from the rental period prescribed by subsection (d) of this section, such mortgage may be replaced, in whole or in part, by individual mortgages covering each individual dwelling in the project in amounts not to exceed the unpaid balance of the blanket mortgage allocable to the individual property. Each such individual mortgage may be insured under this section. Property covered by a mortgage insured under this section may include eight or more family units and may include such commercial and community facilities as the Secretary deems adequate to serve the occupants. (i) Limitation on aggregate number of dwelling units The aggregate number of dwelling units (including all units in multifamily projects or individual dwellings) covered by outstanding commitments to insure and mortgages insured under this section shall at no time exceed five thousand dwelling units. (j) Applicability of other laws The provisions of subsections (d), (e), (g), (h), (i), (j), (k), (l), and (n) of section 1713 of this title shall be applicable to mortgages insured under this section except individual mortgages of the character described in subsection (g) of this section covering the individual dwellings in the project, and as to such individual mortgages the provisions of subsections (a), (c), (d), (e), (f), (g), (h), (j), and (k) of section 1710 of this title shall be applicable: Provided, That wherever the words 'Fund' or 'Mutual Mortgage Insurance Fund' appear in section 1710 of this title, such reference shall refer to the General Insurance Fund with respect to mortgages insured under this section. (k) Aggregate amount of mortgages insured; termination date The provisions of sections 1748, 1748a, 1748b(c), 1748b(i), 1748b(j), 1748c(a), 1748c(b), and 1748f of this title and the provisions of section 1748b(a) of this title relating to the aggregate amount of all mortgages insured under this subchapter shall be applicable to mortgages insured under this section. -SOURCE- (June 27, 1934, ch. 847, title VIII, Sec. 810, as added Sept. 23, 1959, Pub. L. 86-372, title VII, Sec. 704(a), 73 Stat. 683, and amended June 30, 1961, Pub. L. 87-70, title VI, Sec. 611(a), 75 Stat. 180; Aug. 31, 1962, Pub. L. 87-623, Sec. 3, 76 Stat. 418; Sept. 23, 1963, Pub. L. 88-127, Sec. 2, 77 Stat. 163; Sept. 2, 1964, Pub. L. 88-560, title I, Sec. 107(f), 78 Stat. 776; Aug. 10, 1965, Pub. L. 89-117, title II, Sec. 202(c), title XI, Sec. 1108(w), 79 Stat. 466, 506; May 25, 1967, Pub. L. 90-19, Sec. 1(a)(3), 81 Stat. 17; Aug. 1, 1968, Pub. L. 90-448, title XVII, Sec. 1722(f), 82 Stat. 611; Sept. 30, 1969, Pub. L. 91-78, Sec. 2(e), 83 Stat. 125; Dec. 24, 1969, Pub. L. 91-152, title I, Sec. 101(g), 83 Stat. 379; Oct. 2, 1970, Pub. L. 91-432, Sec. 1(e), 84 Stat. 887; Oct. 21, 1970, Pub. L. 91-473, Sec. 1(e), 84 Stat. 1065; Dec. 1, 1970, Pub. L. 91-525, Sec. 1(e), 84 Stat. 1384; Dec. 31, 1970, Pub. L. 91-609, title I, Sec. 101(g), 84 Stat. 1770; Oct. 18, 1972, Pub. L. 92-503, Sec. 1(g), 86 Stat. 906; Aug. 10, 1973, Pub. L. 93-85, Sec. 1(g), 87 Stat. 220; Oct. 2, 1973, Pub. L. 93-117, Sec. 1(g), 87 Stat. 421; Aug. 22, 1974, Pub. L. 93-383, title III, Sec. 304(j), 316(e), 88 Stat. 678, 685; June 30, 1977, Pub. L. 95-60, Sec. 1(f), 91 Stat. 257; July 31, 1977, Pub. L. 95-80, Sec. 1(f), 91 Stat. 339; Oct. 12, 1977, Pub. L. 95-128, title III, Sec. 301(i), 91 Stat. 1131; Sept. 30, 1978, Pub. L. 95-406, Sec. 1(i), 92 Stat. 879; Oct. 31, 1978, Pub. L. 95-557, title III, Sec. 301(i), 92 Stat. 2096; Sept. 28, 1979, Pub. L. 96-71, Sec. 1(i), 93 Stat. 501; Nov. 8, 1979, Pub. L. 96-105, Sec. 1(i), 93 Stat. 794; Dec. 21, 1979, Pub. L. 96-153, title III, Sec. 301(i), 93 Stat. 1112; Oct. 3, 1980, Pub. L. 96-372, Sec. 1(i), 94 Stat. 1363; Oct. 8, 1980, Pub. L. 96-399, title III, Sec. 301(i), 94 Stat. 1639; Aug. 13, 1981, Pub. L. 97-35, title III, Sec. 331(h)(2), 95 Stat. 413; Oct. 6, 1982, Pub. L. 97-289, Sec. 1(i), 96 Stat. 1230; May 26, 1983, Pub. L. 98-35, Sec. 1(i), 97 Stat. 197; Oct. 1, 1983, Pub. L. 98-109, Sec. 1(i), 97 Stat. 745; Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 401(h), 97 Stat. 1208; Oct. 8, 1985, Pub. L. 99-120, Sec. 1(h)(2), 99 Stat. 503; Nov. 15, 1985, Pub. L. 99-156, Sec. 1(h)(2), 99 Stat. 816; Dec. 26, 1985, Pub. L. 99-219, Sec. 1(h)(2), 99 Stat. 1731; Mar. 27, 1986, Pub. L. 99-267, Sec. 1(i)(2), 100 Stat. 74; Apr. 7, 1986, Pub. L. 99-272, title III, Sec. 3007(h)(2), 100 Stat. 105; May 2, 1986, Pub. L. 99-289, Sec. 1(b), 100 Stat. 412; June 24, 1986, Pub. L. 99-345, Sec. 1, 100 Stat. 673; Sept. 30, 1986, Pub. L. 99-430, 100 Stat. 986; Sept. 30, 1987, Pub. L. 100-122, Sec. 1, 101 Stat. 793; Nov. 5, 1987, Pub. L. 100-154, 101 Stat. 890; Nov. 17, 1987, Pub. L. 100-170, 101 Stat. 914; Dec. 3, 1987, Pub. L. 100-179, 101 Stat. 1018; Dec. 21, 1987, Pub. L. 100-200, 101 Stat. 1327; Feb. 5, 1988, Pub. L. 100-242, title IV, Sec. 401(a)(6), 429(k), 101 Stat. 1898, 1919.) -REFTEXT- REFERENCES IN TEXT The General Insurance Fund, referred to in text, was established by section 1735c of this title. Sections 1748a and 1748c of this title, referred to in subsec. (k), were repealed by Pub. L. 89-117, title XI, Sec. 1108 (aa), Aug. 10, 1965, 79 Stat. 507. -MISC2- PRIOR PROVISIONS A prior section 810 of title VIII of act June 27, 1934, ch. 847, as added Sept. 1, 1951, ch. 378, title VI, Sec. 601(d), 65 Stat. 313, which related to mortgage on housing constructed for personnel of the Atomic Energy Commission, was classified to section 1748g-1 of this title. AMENDMENTS 1988 - Subsec. (h). Pub. L. 100-242, Sec. 429(k), substituted 'at such rate as may be agreed upon by the mortgagor and the mortgagee' for '(exclusive of premium charges for insurance) at not to exceed the rate applicable to mortgages insured under section 1713 of this title' and 'such rate as may be agreed upon by the mortgagor and the mortgagee' for 'not to exceed the rate applicable to mortgages insured under section 1709 of this title'. Subsec. (k). Pub. L. 100-242, Sec. 401(a)(6), struck out 'No more mortgages shall be insured under this section after March 15, 1988, except pursuant to a commitment to insure before such date.' 1987 - Subsec. (k). Pub. L. 100-200 substituted 'March 15, 1988' for 'December 16, 1987'. Pub. L. 100-179 substituted 'December 16, 1987' for 'December 2, 1987'. Pub. L. 100-170 substituted 'December 2, 1987' for 'November 15, 1987'. Pub. L. 100-154 substituted 'November 15, 1987' for 'October 31, 1987'. Pub. L. 100-122 substituted 'October 31, 1987' for 'September 30, 1987'. 1986 - Subsec. (k). Pub. L. 99-430 substituted 'September 30, 1987' for 'September 30, 1986'. Pub. L. 99-345 substituted 'September 30, 1986' for 'June 6, 1986'. Pub. L. 99-289 substituted 'June 6, 1986' for 'April 30, 1986'. Pub. L. 99-272 made amendment identical to Pub. L. 99-219. See 1985 Amendment note below. Pub. L. 99-267 substituted 'April 30, 1986' for 'March 17, 1986'. 1985 - Subsec. (k). Pub. L. 99-219 substituted 'March 17, 1986' for 'December 15, 1985'. Pub. L. 99-156 substituted 'December 15, 1985' for 'November 14, 1985'. Pub. L. 99-120 substituted 'November 14, 1985' for 'September 30, 1985'. 1983 - Subsec. (k). Pub. L. 98-181 substituted 'September 30, 1985' for 'November 30, 1983'. Pub. L. 98-109 substituted 'November 30, 1983' for 'September 30, 1983'. Pub. L. 98-35 substituted 'September 30, 1983' for 'May 20, 1983'. 1982 - Subsec. (k). Pub. L. 97-289 substituted 'May 20, 1983' for 'September 30, 1982'. 1981 - Subsec. (k). Pub. L. 97-35 substituted '1982' for '1981'. 1980 - Subsec. (k). Pub. L. 96-399 substituted 'September 30, 1981' for 'October 15, 1980'. Pub. L. 96-372 substituted 'October 15, 1980' for 'September 30, 1980'. 1979 - Subsec. (k). Pub. L. 96-153 substituted 'September 30, 1980' for 'November 30, 1979'. Pub. L. 96-105 substituted 'November 30, 1979' for 'October 31, 1979'. Pub. L. 96-71 substituted 'October 31, 1979' for 'September 30, 1979'. 1978 - Subsec. (k). Pub. L. 95-557 substituted 'September 30, 1979' for 'October 31, 1978'. Pub. L. 95-406 substituted 'October 31, 1978' for 'September 30, 1978'. 1977 - Subsec. (k). Pub. L. 95-128 substituted 'September 30, 1978' for 'September 30, 1977'. Pub. L. 95-80 substituted 'September 30, 1977' for 'July 31, 1977'. Pub. L. 95-60 substituted 'July 31, 1977' for 'June 30, 1977'. 1974 - Subsec. (f). Pub. L. 93-383, Sec. 304(j)(1), struck out '(1) not to exceed $5,000,000 or (2)' after 'in an amount'. Subsec. (g). Pub. L. 93-383, Sec. 304(j)(2), struck out 'not to exceed $5,000,000 and' after 'in an amount'. Subsec. (k). Pub. L. 93-383, Sec. 316(e), substituted 'June 30, 1977' for 'October 1, 1974'. 1973 - Subsec. (k). Pub. L. 93-117 substituted 'October 1, 1974' for 'October 1, 1973'. Pub. L. 93-85 substituted 'October 1, 1973' for 'June 30, 1973'. 1972 - Subsec. (k). Pub. L. 92-503 substituted 'June 30, 1973' for 'October 1, 1972'. 1970 - Subsec. (k). Pub. L. 91-609 substituted 'October 1, 1972' for 'January 1, 1971'. Pub. L. 91-525 substituted 'January 1, 1971' for 'December 1, 1970'. Pub. L. 91-473 substituted 'December 1, 1970' for 'November 1, 1970'. Pub. L. 91-432 substituted 'November 1, 1970' for 'October 1, 1970'. 1969 - Subsec. (k). Pub. L. 91-152 substituted 'October 1, 1970' for 'January 1, 1970'. Pub. L. 91-78 substituted 'January 1, 1970' for 'October 1, 1969'. 1968 - Subsec. (e). Pub. L. 90-448 substituted 'mortgagor approved by the Secretary' for 'private corporation, association, cooperative society, or trust' in first sentence, and 'mortgagor' for 'corporation, association, cooperative society, or trust' in third and fourth sentences. 1967 - Pub. L. 90-19 substituted 'Secretary' for 'Commissioner' wherever appearing in subsecs. (a), (c) to (f), and (h). 1965 - Subsec. (e). Pub. L. 89-117, Sec. 1108(w)(1), substituted 'General Insurance Fund' for 'Armed Services Housing Mortgage Insurance Fund'. Subsec. (j). Pub. L. 89-117, Sec. 1108(w)(2), (3), struck out reference to subsecs. (m) and (p) of section 1713 of this title and, in proviso, substituted 'General Insurance Fund' for 'Armed Services Housing Mortgage Insurance Fund' and struck out reference to the appearance of 'Housing Insurance Fund' in sections 1710 and 1713 of this title and the appearance of 'Fund' or 'Mutual Mortgage Insurance Fund' in section 1713 of this title. Subsec. (k). Pub. L. 89-117, Sec. 202(c), substituted 'October 1, 1969' for 'October 1, 1965'. 1964 - Subsec. (f). Pub. L. 88-560 changed limits on mortgages for multifamily rental property or project, in cl. (2) of the first sentence from '$2,500 per room (or $9,000 per family unit if the number of rooms in such property or project is less than four per family unit)' to '$9,000 per family unit without a bedroom, $12,500 per family unit with one bedroom, $15,000 per family unit with two bedrooms, and $18,500 per family unit with three or more bedrooms'; and, in the second sentence, inserted ', by regulation,' and substituted provisions authorizing an increase 'by not to exceed 45 per centum' of any of such limits because of cost levels for former provision authorizing such an increase 'by not to exceed $1,000 per room', respectively. 1963 - Subsec. (b)(1). Pub. L. 88-127, Sec. 2(1), included essential personnel employed or assigned to duty at or in connection with any research or development installation of the National Aeronautics and Space Administration or of the Atomic Energy Commission. Subsec. (d). Pub. L. 88-127, Sec. 2(2), included persons described in cl. (1)(B) of subsec. (b) of this section. Subsec. (k). Pub. L. 88-127, Sec. 2(3), substituted 'October 1, 1965' for 'October 1, 1963'. 1962 - Subsec. (k). Pub. L. 87-623 provided that no mortgages shall be insured under this section after October 1, 1963, except pursuant to a commitment before such date, and struck out 'and the expiration date of the Commissioner's authority to insure' after 'amount of all mortgages insured'. 1961 - Subsec. (b). Pub. L. 87-70, Sec. 611(a)(1), struck out provisions which required certification by Secretary of Defense or his designee. Subsec. (d). Pub. L. 87-70, Sec. 611(a)(2), struck out provisions which related to certification and advice of Secretary of Defense or his designee. Subsec. (l). Pub. L. 87-70, Sec. 611(a)(3), repealed subsec. (l) which required Secretary of Defense to guarantee Armed Services Housing Mortgage Insurance Fund from loss. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371 of Pub. L. 97-35, set out as an Effective Date note under section 3701 of this title. -TRANS- TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections. -MISC5- AMENDMENTS TO PROVISIONS FOR FAMILY UNIT LIMITS ON RENTAL HOUSING; EQUITABLE APPLICATION OF SUCH AMENDMENTS OR PRE-AMENDMENT PROVISIONS TO PROJECTS SUBMITTED FOR CONSIDERATION PRIOR TO SEPTEMBER 2, 1964 Equitable application of amendment to subsec. (f) of this section by section 107(f) of Pub. L. 88-560 or pre-amendment provisions to projects submitted for consideration prior to Sept. 2, 1964, see section 107(g) of Pub. L. 88-560, set out as a note under section 1713 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1715c, 1715r, 1715z-19, 1748g, 1748h-3 of this title. ------DocID 16186 Document 920 of 1400------ -CITE- 12 USC Sec. 1749aaa-2 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER IX-B -HEAD- Sec. 1749aaa-2. Payment of insurance benefits -STATUTE- The mortgagee shall be entitled to receive the benefits of the insurance under this subchapter in the manner provided in subsection (g) of section 1713 of this title with respect to mortgages insured under that section. For such purpose the provisions of subsections (g), (h), (i), (j), (k), (l), and (n) of such section 1713 shall apply to mortgages insured under this subchapter and all references in such subsections to such section 1713 shall be deemed to refer to this subchapter. -SOURCE- (June 27, 1934, ch. 847, title XI, Sec. 1103, as added Nov. 3, 1966, Pub. L. 89-754, title V, Sec. 502(a), 80 Stat. 1275.) ------DocID 16193 Document 921 of 1400------ -CITE- 12 USC Sec. 1749bbb-2 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER IX-C -HEAD- Sec. 1749bbb-2. Definitions -STATUTE- (a) When used in this subchapter, unless the context otherwise requires, the term - (1) 'affordable rate' means such premium rate as the Director determines would permit the purchase of a specific type of insurance coverage by a reasonably prudent person in similar circumstances with due regard to the costs and benefits involved; (2) 'crime insurance' means insurance against losses resulting from robbery, burglary, larceny, and similar crimes, and may include broad form personal theft insurance, mercantile open stock insurance, mercantile robbery and mercantile safe burglary insurance, storekeepers burglary and robbery insurance, office burglary and robbery insurance, and may include business interruption insurance as the Director may designate; the term does not include automobile insurance or losses resulting from embezzlement; (3) 'directly insured losses' means losses on direct insurance claims and all direct expenses incurred in connection therewith, including but not limited to expenses for processing, verifying, and paying such losses; (4) 'environmental hazard' means any hazardous condition that might give rise to loss under an insurance contract, but which is beyond the control of the property owner; (5) 'essential property insurance' means insurance against direct loss to property as defined and limited in standard fire policies and extended coverage endorsement thereon, as approved by the State insurance authority, and insurance, for such types, classes, and locations of property against the perils of vandalism, malicious mischief, burglary, or theft, as the Director by rule shall designate. Such insurance shall not include automobile insurance and shall not include insurance on such types of manufacturing risks as may be excluded by the State insurance authority; (6) 'inspection facility', with respect to any State, means any rating bureau or other person designated by the State insurance authority to perform inspections under fair access to insurance requirements plans under part A; (7) 'insurer' includes any insurance company or group of companies under common ownership which is authorized to engage in the insurance business under the laws of any State; (8) 'pool' means any pool or association of insurance companies in any State which is formed, associated, or otherwise created for the purpose of making property insurance more readily available; (9) 'losses resulting from riots or civil disorders' means losses resulting from riots or civil disorders under policies for standard lines of property insurance for which reinsurance is offered under section 1749bbb-7 of this title, as determined under regulations of the Director; (10) 'property owner' with respect to any real, personal, or mixed real and personal property, means any person having an insurable interest in such property; (11) 'person' includes any individual or group of individuals, corporation, partnership, or association, or any other organized group of persons; (12) 'reinsured losses' means losses on reinsurance claims and all direct expenses incurred in connection therewith including, but not limited to, expenses for processing, verifying, and paying such losses; (13) 'standard line of property insurance' includes - (A) fire and extended coverage; (B) vandalism and malicious mischief; (C) other allied lines of fire insurance; (D) burglary and theft; (E) those portions of multiple peril policies covering perils similar to those provided for in subparagraphs (A), (B), (C), and (D); (F) inland marine; (G) glass; (H) boiler and machinery; (I) ocean marine; (J) aircraft physical damage; and (K) such other lines generally offered to the public which include protection against damage from riot or civil commotion as the Director by regulation may designate; (14) 'State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions, and the Trust Territory of the Pacific Islands; (15) 'urban area' includes any municipality or other political subdivision of a State, subject to population or other limitations defined in rules and regulations of the Director and such additional areas as may be designated by the State insurance authority; (16) 'year' means a calendar year, fiscal year of a company, or such other period of twelve months as may be designated by the Director; and (17) 'Director' means the Director of the Federal Emergency Management Agency. (b) The Director is authorized to define, by rules and regulations, any technical or trade term, insofar as such definition is not inconsistent with the provisions of this subchapter. -SOURCE- (June 27, 1934, ch. 847, title XII, Sec. 1203, as added Aug. 1, 1968, Pub. L. 90-448, title XI, Sec. 1103, 82 Stat. 557, and amended Dec. 31, 1970, Pub. L. 91-609, title VI, Sec. 602(b), 84 Stat. 1788; Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 452(b)(1), (2), 97 Stat. 1230.) -MISC1- AMENDMENTS 1983 - Subsec. (a)(1), (2), (5), (9), (13)(K), (15), (16). Pub. L. 98-181, Sec. 452(b)(1), substituted 'Director' for 'Secretary'. Subsec. (a)(17). Pub. L. 98-181, Sec. 452(b)(2), added par. (17). Subsec. (b). Pub. L. 98-181, Sec. 452(b)(1), substituted 'Director' for 'Secretary'. 1970 - Subsec. (a). Pub. L. 91-609 added pars. (1) to (3) and redesignated former pars. (1) to (13) as (4) to (16), respectively. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1749bbb-7 of this title. ------DocID 16562 Document 922 of 1400------ -CITE- 12 USC Sec. 2277a-2 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER V Part E -HEAD- Sec. 2277a-2. Board of Directors -STATUTE- (a) Establishment The Corporation shall be managed by a Board of Directors that shall consist of the members of the Farm Credit Administration Board. (b) Chairman The Board of Directors shall be chaired by any Board member other than the Chairman of the Farm Credit Administration Board. -SOURCE- (Pub. L. 92-181, title V, Sec. 5.53, as added Pub. L. 100-233, title III, Sec. 302, Jan. 6, 1988, 101 Stat. 1611.) ------DocID 16579 Document 923 of 1400------ -CITE- 12 USC Sec. 2278a-2 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VI Part A -HEAD- Sec. 2278a-2. Board of Directors -STATUTE- (a) Membership The Board of Directors of the Assistance Board (hereinafter referred to in this part as the 'Board of Directors') shall consist of three members - (1) one of which shall be the Secretary of the Treasury; (2) one of which shall be the Secretary of Agriculture; and (3) one of which shall be an agricultural producer experienced in financial matters, and appointed by the President, by and with the advice and consent of the Senate. (b) Chairman The Board of Directors shall elect annually a Chairman from among the members of the Board. (c) Terms of office, succession, and vacancies (1) Terms of office and succession The term of each member of the Board of Directors shall expire when the Assistance Board is terminated. (2) Vacancies Vacancies on the Board of Directors shall be filled in the same manner as the vacant position was previously filled. (d) Compensation of Board members Members of the Board of Directors - (1) appointed under paragraphs (1) and (2) of subsection (a) of this section shall receive reasonable allowances for necessary expenses of travel, lodging, and subsistence incurred in attending meetings and other activities of the Assistance Board, as set forth in the bylaws issued by the Board of Directors, except that such level shall not exceed the maximum fixed by subchapter 1 (FOOTNOTE 1) of chapter 57 of title 5 for officers and employees of the United States; and (FOOTNOTE 1) So in original. Probably should be 'I'. (2) appointed under paragraph (3) of subsection (a) of this section shall receive compensation for the time devoted to meetings and other activities at a daily rate not to exceed the daily rate of compensation prescribed for Level III of the Executive Schedule under section 5314 of title 5 and reasonable allowances for necessary expenses of travel, lodging, and subsistence incurred in attending meetings and other activities of the Assistance Board, as set forth in the bylaws issued by the Board of Directors, except that such level shall not exceed the maximum fixed by subchapter 1 (FOOTNOTE 1) of chapter 57 of title 5 for officers and employees of the United States. (e) Rules and records The Board of Directors of the Assistance Board shall adopt such rules as it may deem appropriate for the transaction of the business of the Assistance Board, and shall keep permanent and accurate records and minutes of its acts and proceedings. (f) Quorum required A quorum shall consist of two members of the Board of Directors. All decisions of the Board shall require an affirmative vote of at least a majority of the members voting. (g) Chief executive officer A chief executive officer of the Assistance Board shall be selected by the Board of Directors of the Assistance Board and shall serve at the pleasure of the Board. -SOURCE- (Pub. L. 92-181, title VI, Sec. 6.2, as added Pub. L. 100-233, title II, Sec. 201, Jan. 6, 1988, 101 Stat. 1586.) ------DocID 16594 Document 924 of 1400------ -CITE- 12 USC Sec. 2278b-2 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VI Part B -HEAD- Sec. 2278b-2. Board of Directors -STATUTE- (a) Board of Directors (1) Composition The Board of Directors of the Financial Assistance Corporation (hereinafter referred to in this part as the 'Board of Directors') shall consist of the Board of Directors of the Federal Farm Credit Banks Funding Corporation. (2) Chairman The Board of Directors shall elect annually a Chairman from among the members of the Board. (3) Compensation The members of the Board of Directors shall receive compensation for the time devoted to meetings and other activities of the Board and reasonable allowances for necessary expenses of travel, lodging, and subsistence incurred in attending meetings and other activities of the Board of Directors in amounts not exceeding levels set by the Farm Credit Administration Board. (b) Rules and records The Board of Directors shall adopt such rules as it may deem appropriate for the transaction of its business and shall keep permanent and accurate records and minutes of its acts and proceedings. (c) Quorum required No business may be conducted at a meeting of the Board of Directors unless a quorum of the members of the Board is present, and a vote to approve an action requires a majority vote of the members voting. (d) Chief executive officer A chief executive officer of the Financial Assistance Corporation shall be selected by the Board of Directors and shall serve at the pleasure of the Board. -SOURCE- (Pub. L. 92-181, title VI, Sec. 6.22, as added Pub. L. 100-233, title II, Sec. 201, Jan. 6, 1988, 101 Stat. 1595, and amended Pub. L. 100-399, title II, Sec. 201(o), Aug. 17, 1988, 102 Stat. 991.) -MISC1- AMENDMENTS 1988 - Subsec. (a)(1). Pub. L. 100-399 substituted 'part' for 'chapter'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-399 effective as if enacted immediately after enactment of Pub. L. 100-233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100-399, set out as a note under section 2002 of this title. ------DocID 16608 Document 925 of 1400------ -CITE- 12 USC Sec. 2279a-2 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VII Part A -HEAD- Sec. 2279a-2. Powers of merged banks -STATUTE- (a) In general Except as otherwise provided in this subchapter, a merged bank shall have all of the powers granted to, and shall be subject to all of the obligations imposed on, any of the constituent entities of the merged bank. (b) Regulations The Farm Credit Administration shall issue regulations that establish the manner in which the powers and obligations of the banks that form the merged bank are consolidated, and to the extent necessary, reconciled in the merged bank. -SOURCE- (Pub. L. 92-181, title VII, Sec. 7.2, as added Pub. L. 100-233, title IV, Sec. 416, Jan. 6, 1988, 101 Stat. 1645.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2279f of this title. ------DocID 16615 Document 926 of 1400------ -CITE- 12 USC subpart 2 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VII Part B subpart 2 -HEAD- subpart 2 - merger of like and unlike associations ------DocID 16619 Document 927 of 1400------ -CITE- 12 USC Sec. 2279c-2 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VII Part B subpart 3 -HEAD- Sec. 2279c-2. Reconsideration -STATUTE- (a) Period A stockholder vote in favor of - (1) the merger of districts under this chapter; (2) the merger of banks within a district under section 2279a of this title; (3) the transfer of the lending authority of a Federal land bank or a merged bank having a Federal land bank as one of its constituents, under section 2279b of this title; (4) the merger of two or more associations under section 2279c-1 or 2279f-1 of this title; (5) the termination of the status of an institution as a System institution under section 2279d of this title; or (6) the merger of similar banks under section 2279f of this title; shall not take effect except in accordance with subsection (b) of this section. (b) Reconsideration (1) Notice Not later than 30 days after a stockholder vote in favor of any of the actions described in subsection (a) of this section, the officer or employee that records such vote shall ensure that all stockholders of the voting entity receive notice of the final results of the vote. (2) Effective date A voluntary merger, transfer, or termination that is approved by a vote of the stockholders of two or more banks or associations shall not take effect until the expiration of 30 days after the date on which the stockholders of such banks or associations are notified of the final result of the vote in accordance with paragraph (1). (3) Petition filed If a petition for reconsideration of a merger, transfer, or termination vote, signed by at least 15 percent of the stockholders of one or more of the affected banks or associations, is presented to the Farm Credit Administration within 30 days after the date of the notification required under paragraph (1) - (A) a voluntary merger, transfer, or termination shall not take effect until the expiration of 60 days after the date on which the stockholders were notified of the final result of the vote; and (B) a special meeting of the stockholders of the affected banks or associations shall be held during the period referred to in subparagraph (A) to reconsider the vote. (4) Vote on reconsideration If a majority of stockholders of any one of the affected banks or associations voting, in person or by written proxy, at a duly authorized stockholders' meeting, vote against the proposed merger, transfer, or termination, such action shall not take place. (5) Failure to file petition If a petition for reconsideration of such vote is either not filed prior to the 60th day after the vote or, if timely filed, is not signed by at least 15 percent of the stockholders, the merger, transfer, or termination shall become effective in accordance with the plan of merger, transfer, or termination. (c) Special reconsideration (1) Issuance of regulations Notwithstanding any other provision of this chapter, the Farm Credit Administration shall issue regulations under which the stockholders of any association that voluntarily merged with one or more associations after December 23, 1985, and before January 6, 1988, may petition for the opportunity to organize as a separate association. (2) Requirements The regulations issued by the Farm Credit Administration shall require that - (A) the petition be filed within 1 year after the date of the implementation of such regulations; (B) the petition be signed by at least 15 percent of the stockholders of any one of the associations that merged during the period; (C) the petition describe the territory in which the proposed separate association will operate; (D) if the petition is approved - (i) the loans of the members of the new association will be transferred from the current association to such new association; (ii) the stock, participation certificates, and other similar equities of the current association held by members of the new association will be retired at book value and the proceeds of such will be transferred to the new association, and an equivalent amount of stock, participation certificates, and other similar equities will be issued to the members by the new association; and (iii) the other assets of the current association will be distributed equitably among the current association and any resulting new association. (3) Notification (A) In general Not later than 30 days after the filing of the petition for organization, the current association shall notify its stockholders that a petition to establish the separate association has been filed. (B) Contents The notification required under this paragraph shall contain - (i) the date of a special stockholders' meeting to consider the petition for organization; and (ii) an enumerated statement of the anticipated benefits and the potential disadvantages to such stockholders if the new association is established. (C) FCA approval (i) In general All notifications under this paragraph shall be submitted to the Farm Credit Administration Board for approval prior to being distributed to the stockholders. (ii) Amending notification The Farm Credit Administration Board shall require that, prior to the distribution of the notification to the stockholders, the notification be amended as determined necessary by the Board to provide accurate information to the stockholders that will enable such stockholders to make an informed decision as to the advisability of establishing a new association. (D) Special stockholders' meeting (i) Timing of meeting The special stockholders' meeting to consider the petition shall be held within 60 days after the filing of the petition. (ii) Approval If, at the special stockholders' meeting, a majority of the stockholders of the current association who would be served by the new association approve, by voting in person or by proxy, the establishment of the separate association, the Farm Credit Administration shall, within 30 days of such vote, issue a charter to the new association and amend the charter of the current association to reflect the territory to be served by the new association. -SOURCE- (Pub. L. 92-181, title VII, Sec. 7.9, as added Pub. L. 100-233, title IV, Sec. 416, Jan. 6, 1988, 101 Stat. 1648, and amended Pub. L. 100-399, title IV, Sec. 408(n), (o), Aug. 17, 1988, 102 Stat. 1002.) -MISC1- AMENDMENTS 1988 - Subsec. (a)(1). Pub. L. 100-399, Sec. 408(n)(1), substituted 'this chapter' for 'section 2252(a)(2) of this title'. Subsec. (a)(4). Pub. L. 100-399, Sec. 408(n)(5), redesignated par. (5) as (4). Pub. L. 100-399, Sec. 408(n)(2), inserted reference to section 2279f-1 of this title. Subsec. (a)(5). Pub. L. 100-399, Sec. 408(n)(5), redesignated par. (6) as (5). Former par. (5) redesignated (4). Pub. L. 100-399, Sec. 408(n)(3), substituted 'or' for 'and'. Subsec. (a)(6). Pub. L. 100-399, Sec. 408(n)(5), redesignated par. (7) as (6). Former par. (6) redesignated (5). Pub. L. 100-399, Sec. 408(n)(4), substituted 'section 2279f' for 'section 2279f-1'. Subsec. (a)(7). Pub. L. 100-399, Sec. 408(n)(5), redesignated par. (7) as (6). Subsec. (b)(2). Pub. L. 100-399, Sec. 408(o), struck out comma before 'shall not take effect' and substituted 'such banks or' for 'such'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-399 effective as if enacted immediately after enactment of Pub. L. 100-233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100-399, set out as a note under section 2002 of this title. ------DocID 16632 Document 928 of 1400------ -CITE- 12 USC Sec. 2279aa-2 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VIII -HEAD- Sec. 2279aa-2. Board of directors -STATUTE- (a) Interim board (1) Number and appointment Until the permanent board of directors established in subsection (b) of this section first meets with a quorum of its members present, the Corporation shall be under the management of an interim board of directors composed of 9 members appointed by the President within 90 days after January 6, 1988, as follows: (A) 3 members appointed from among persons who are representatives of banks, other financial institutions or entities, and insurance companies. (B) 3 members appointed from among persons who are representatives of the Farm Credit System institutions. (C) 2 members appointed from among persons who are farmers or ranchers who are not serving, and have not served, as directors or officers of any financial institution or entity, of which not more than 1 may be a stockholder of any Farm Credit System institution. (D) 1 member appointed from among persons who represent the interests of the general public and are not serving, and have not served, as directors or officers of any financial institution or entity. (2) Political affiliation Not more than 5 members of the interim board shall be of the same political party. (3) Vacancy A vacancy in the interim board shall be filled in the manner in which the original appointment was made. (4) Continuation of membership If - (A) any member of the interim board who was appointed to such board from among persons who are representatives of banks, other financial institutions or entities, insurance companies, or Farm Credit System institutions ceases to be such a representative; or (B) any member who was appointed from among persons who are not or have not been directors or officers of any financial institution or entity becomes a director or an officer of any financial institution or entity; such member may continue as a member for not longer than the 45-day period beginning on the date such member ceases to be such a representative or becomes such a director or officer, as the case may be. (5) Terms The members of the interim board shall be appointed for the life of such board. (6) Quorum 5 members of the interim board shall constitute a quorum. (7) Chairperson The President shall designate 1 of the members of the interim board as the chairperson of the interim board. (8) Meetings The interim board shall meet at the call of the chairperson or a majority of its members. (9) Voting common stock (A) Initial offering Upon the appointment of sufficient members of the interim board to convene a meeting with a quorum present, the interim board shall arrange for an initial offering of common stock and shall take whatever other actions are necessary to proceed with the operations of the Corporation. (B) Purchasers Subject to subparagraph (C), the voting common stock shall be offered to banks, other financial entities, insurance companies, and System institutions under such terms and conditions as the interim board may adopt. (C) Distribution The voting stock shall be fairly and broadly offered to ensure that no institution or institutions acquire a disproportionate amount of the total amount of voting common stock outstanding of a class and that capital contributions and issuances of voting common stock for the contributions are fairly distributed between entities eligible to hold class A and class B stock, as provided under section 2279aa-4 of this title. (10) Termination The interim board shall terminate when the permanent board of directors established in subsection (b) of this section first meets with a quorum present. (b) Permanent board (1) Establishment Immediately after the date that banks, other financial institutions or entities, insurance companies, and System institutions have subscribed and fully paid for at least $20,000,000 of common stock of the Corporation, the Corporation shall arrange for the election and appointment of a permanent board of directors. After the termination of the interim board, the Corporation shall be under the management of the permanent board. (2) Composition The permanent board shall consist of 15 members, of which - (A) 5 members shall be elected by holders of common stock that are insurance companies, banks, or other financial institutions or entities; (B) 5 members shall be elected by holders of common stock that are Farm Credit System institutions; and (C) 5 members shall be appointed by the President, by and with the advice and consent of the Senate - (i) which members shall not be, or have been, officers or directors of any financial institutions or entities; (ii) which members shall be representatives of the general public; (iii) of which members not more than 3 shall be members of the same political party; and (iv) of which members at least 2 shall be experienced in farming or ranching. (3) Presidential appointees The President shall appoint the members of the permanent board referred to in paragraph (2)(C) not later than the later of - (A) the date referred to in paragraph (1); or (B) the expiration of the 270-day period beginning on January 6, 1988. (4) Vacancy (A) Elected members Subject to paragraph (6), a vacancy among the members elected to the permanent board in the manner described in subparagraph (A) or (B) of paragraph (2) shall be filled by the permanent board from among persons eligible for election to the position for which the vacancy exists. (B) Appointed members A vacancy among the members appointed to the permanent board under paragraph (2)(C) shall be filled in the manner in which the original appointment was made. (5) Continuation of membership If - (A) any member of the permanent board who was appointed or elected to the permanent board from among persons who are representatives of banks, other financial institutions or entities, insurance companies, or Farm Credit System institutions ceases to be such a representative; or (B) any member who was appointed from persons who are not or have not been directors or officers of any financial institution or entity becomes a director or an officer of any financial institution or entity; such member may continue as a member for not longer than the 45-day period beginning on the date such member ceases to be such a representative, officer, or employee or becomes such a director or officer, as the case may be. (6) Terms (A) Appointed members The members appointed by the President shall serve at the pleasure of the President. (B) Elected members The members elected under subparagraphs (A) and (B) of subsection (b)(2) of this section shall each be elected annually for a term ending on the date of the next annual meeting of the common stockholders of the Corporation and shall serve until their successors are elected and qualified. Any seat on the permanent board that becomes vacant after the annual election of the directors shall be filled by the members of the permanent board from the same category of directors, but only for the unexpired portion of the term. (C) Vacancy appointment Any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed only for the remainder of such term. (D) Service after expiration of term A member may serve after the expiration of the term of the member until the successor of the member has taken office. (7) Quorum 8 members of the permanent board shall constitute a quorum. (8) No additional pay for Federal officers or employees Members of the permanent board who are fulltime officers or employees of the United States shall receive no additional pay by reason of service on the permanent board. (9) Chairperson The President shall designate 1 of the members of the permanent board who are appointed by the President as the chairperson of the permanent board. (10) Meetings The permanent board shall meet at the call of the chairperson or a majority of its members. (c) Officers and staff The Board may appoint, employ, fix the pay of, and provide other allowances and benefits for such officers and employees of the Corporation as the Board determines to be appropriate. -SOURCE- (Pub. L. 92-181, title VIII, Sec. 8.2, as added Pub. L. 100-233, title VII, Sec. 702, Jan. 6, 1988, 101 Stat. 1688, and amended Pub. L. 100-399, title VI, Sec. 601(b), Aug. 17, 1988, 102 Stat. 1005.) -MISC1- AMENDMENTS 1988 - Subsecs. (a)(1), (b)(3)(B). Pub. L. 100-399 substituted 'date of the enactment' for 'effective date', both of which for purposes of codification were translated as 'January 6, 1988,'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-399 effective as if enacted immediately after enactment of Pub. L. 100-233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100-399, set out as a note under section 2002 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2279aa, 2279aa-4 of this title. ------DocID 16982 Document 929 of 1400------ -CITE- 13 USC Sec. 2 -EXPCITE- TITLE 13 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 2. Bureau of the Census -STATUTE- The Bureau is continued as an agency within, and under the jurisdiction of, the Department of Commerce. -SOURCE- (Aug. 31, 1954, ch. 1158, 68 Stat. 1012.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., Sec. 1 (Mar. 6, 1902, ch. 139, Sec. 1, 32 Stat. 51; Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat. 826; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; June 18, 1929, ch. 28, Sec. 21, 46 Stat. 26). Section 1 of title 13, U.S.C., 1952 ed., provided that the 'Census Office' temporarily established in the Department of the Interior in accordance with the act of Mar. 3, 1899 (ch. 419, 30 Stat. 1014) 'is made' a permanent office in the Department of Commerce. Such wording is no longer necessary, and the provisions, as revised in this section, merely continue the Bureau (of the Census) as an agency within, and under the jurisdiction of, the Department of Commerce. -CROSS- CROSS REFERENCES Bureau of the Census as a bureau in the Department of Commerce, see section 1511 of Title 15, Commerce and Trade. Collection and publication of foreign commerce and trade statistics, applicability of section to, see section 307 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 307 of this title. ------DocID 17072 Document 930 of 1400------ -CITE- 14 USC Sec. 2 -EXPCITE- TITLE 14 PART I CHAPTER 1 -HEAD- Sec. 2. Primary duties -STATUTE- The Coast Guard shall enforce or assist in the enforcement of all applicable Federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States; shall engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States; shall administer laws and promulgate and enforce regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States covering all matters not specifically delegated by law to some other executive department; shall develop, establish, maintain, and operate, with due regard to the requirements of national defense, aids to maritime navigation, ice-breaking facilities, and rescue facilities for the promotion of safety on, under, and over the high seas and waters subject to the jurisdiction of the United States; shall, pursuant to international agreements, develop, establish, maintain, and operate icebreaking facilities on, under, and over waters other than the high seas and waters subject to the jurisdiction of the United States; shall engage in oceanographic research of the high seas and in waters subject to the jurisdiction of the United States; and shall maintain a state of readiness to function as a specialized service in the Navy in time of war, including the fulfillment of Maritime Defense Zone command responsibilities.. (FOOTNOTE 1) (FOOTNOTE 1) So in original. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 496; Oct. 5, 1961, Pub. L. 87-396, Sec. 1, 75 Stat. 827; June 12, 1970, Pub. L. 91-278, Sec. 1(1), 84 Stat. 304; Dec. 13, 1974, Pub. L. 93-519, 88 Stat. 1659; Nov. 10, 1986, Pub. L. 99-640, Sec. 6, 100 Stat. 3547; Sept. 28, 1988, Pub. L. 100-448, Sec. 17, 102 Stat. 1845; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7403, 102 Stat. 4484.) -MISC1- HISTORICAL AND REVISION NOTES This section defines in general terms, for the first time in any statute, all the primary duties of the Coast Guard. It is derived from title 14, U.S.C., 1946 ed., Sec. 45, 50k-50o, 51, 52, 53, 55, 60, 61, 62, 63, 98a, 104, 261, 301, title 33, U.S.C., 1946 ed., Sec. 720, 720a, 740, 740a, 740b, title 46, U.S.C., 1946 ed., Sec. 1 (footnote), 2 (R.S. 1536, 2747, 2758, 2759, 4249; June 23, 1874, ch. 455, Sec. 1, 18 Stat. 220; June 18, 1878, ch. 265, Sec. 4, 20 Stat. 163; July 5, 1884, ch. 221, Sec. 2, 23 Stat. 118; Feb. 14, 1903, ch. 552, Sec. 10, 32 Stat. 829; Apr. 19, 1906, ch. 1640, Sec. 1-3, 34 Stat. 123; May 12, 1906, ch. 2454, 34 Stat. 190; June 17, 1910, ch. 301, Sec. 6, 7, 36 Stat. 538; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; June 24, 1914, ch. 124, 38 Stat. 387; Mar. 3, 1915, ch. 81, Sec. 5, 38 Stat. 927; Aug. 29, 1916, ch. 417, 39 Stat. 1820; May 22, 1926, ch. 371, Sec. 6, 44 Stat. 626; June 30, 1932, ch. 314, Sec. 501, 47 Stat. 415; May 27, 1936, ch. 463, Sec. 1, 49 Stat. 1380; Aug. 16, 1937, ch. 665, Sec. 3, 50 Stat. 667; Feb. 19, 1941, ch. 8, Sec. 2, 201, 55 Stat. 9, 11; July 11, 1941, ch. 290, Sec. 7, 55 Stat. 585; Nov. 23, 1942, ch. 639, Sec. 2(2), 56 Stat. 102; Sept. 30, 1944, ch. 453, Sec. 1, 58 Stat. 759; June 22, 1948, ch. 600, 62 Stat. 574; June 26, 1948, ch. 672, 62 Stat. 1050). This section contains a codification of functions. It sets forth in general language the primary responsibilities of the Coast Guard: enforcement of all Federal laws on waters to which they have application, safety of life and property at sea, aiding navigation, and readiness to function with the Navy. Having been created in 1915 by the consolidation of the Revenue Cutter Service and the Life Saving Service, the Coast Guard has gradually been given additional duties and responsibilities, such as the assignment of law enforcement powers on the high seas and navigable waters in 1936, the transfer of the Lighthouse Service in 1939, and the transfer of the Bureau of Marine Inspection and Navigation in 1942. Existing along with these other duties has been that of maintaining a state of readiness as a specialized service prepared for active participation with the Navy in time of war. These various interdependent functions of the Service have not been expressed collectively in any statute heretofore, but it is believed desirable to do so in this revision in order to have outlined in general terms in one section the broad scope of the functions of the Coast Guard. 81st Congress, House Report No. 557. AMENDMENTS 1988 - Pub. L. 100-690 substituted 'United States; shall engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States; shall administer' for first reference to 'United States;'. Pub. L. 100-448 substituted 'Federal laws on, under, and over' for 'Federal laws on and under'. 1986 - Pub. L. 99-640 inserted ', including the fulfillment of Maritime Defense Zone command responsibilities.' 1974 - Pub. L. 93-519 inserted provision requiring Coast Guard to develop, establish, maintain and operate, pursuant to international agreements, icebreaking facilities in waters other than those subject to the jurisdiction of the United States. 1970 - Pub. L. 91-278 improved and clarified text, substituting 'on and under' for 'upon' in clause preceding first semicolon; inserting 'and under' after 'life and property on' and striking out 'on' after 'the high seas and' in clause preceding second semicolon; and substituting 'icebreaking' for 'ice-breaking' and inserting ', under,' after 'promotion of safety on' in clause preceding third semicolon, respectively. 1961 - Pub. L. 87-396 required Coast Guard to engage in oceanographic research on high seas and in waters subject to jurisdiction of the United States. -CROSS- CROSS REFERENCES Aids to navigation authorized, see section 81 of this title. Ice and derelict patrol, see section 738a of Title 46, Appendix, Shipping. Law enforcement, see section 89 of this title. Safety of naval vessels, see section 91 of this title. Saving life and property, see section 88 of this title. ------DocID 17429 Document 931 of 1400------ -CITE- 15 USC Sec. 2 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 2. Monopolizing trade a felony; penalty -STATUTE- Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court. -SOURCE- (July 2, 1890, ch. 647, Sec. 2, 26 Stat. 209; July 7, 1955, ch. 281, 69 Stat. 282; Dec. 21, 1974, Pub. L. 93-528, Sec. 3, 88 Stat. 1708; Nov. 16, 1990, Pub. L. 101-588, Sec. 4(b), 104 Stat. 2880.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-588 substituted '$10,000,000' for 'one million dollars' and '$350,000' for 'one hundred thousand dollars'. 1974 - Pub. L. 93-528 substituted 'a felony, and, on conviction thereof, shall be punished by fine not exceeding one million dollars if a corporation, or, if any other person, one hundred thousand dollars, or by imprisonment not exceeding three years' for 'a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding fifty thousand dollars, or by imprisonment not exceeding one year'. 1955 - Act July 7, 1955, substituted 'fifty thousand dollars' for 'five thousand dollars'. -CROSS- CROSS REFERENCES Antitrust laws inapplicable to labor organizations, see section 17 of this title. Carriers relieved from operation of this chapter, see section 11341 of Title 49, Transportation. Combinations in restraint of import trade, see section 8 of this title. Conspiracy to commit offense or to defraud United States, see section 371 of Title 18, Crimes and Criminal Procedure. Discrimination in price, services or facilities, see section 13 of this title. Fishing industry, monopolies in, see section 522 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 18a of this title; title 12 section 1849. ------DocID 17479 Document 932 of 1400------ -CITE- 15 USC CHAPTER 2 -EXPCITE- TITLE 15 CHAPTER 2 -HEAD- CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND PREVENTION OF UNFAIR METHODS OF COMPETITION -MISC1- SUBCHAPTER I - FEDERAL TRADE COMMISSION Sec. 41. Federal Trade Commission established; membership; vacancies; seal. 42. Employees; expenses. 43. Office and place of meeting. 44. Definitions. 45. Unfair methods of competition unlawful; prevention by Commission. (a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade. (b) Proceeding by Commission; modifying and setting aside orders. (c) Review of order; rehearing. (d) Jurisdiction of court. (e) Exemption from liability. (f) Service of complaints, orders and other processes; return. (g) Finality of order. (h) Modification or setting aside of order by Supreme Court. (i) Modification or setting aside of order by Court of Appeals. (j) Rehearing upon order or remand. (k) 'Mandate' defined. (l) Penalty for violation of order; injunctions and other appropriate equitable relief. (m) Civil actions for recovery of penalties for knowing violations of rules and cease and desist orders respecting unfair or deceptive acts or practices; jurisdiction; maximum amount of penalties; continuing violations; de novo determinations; compromise or settlement procedure. 46. Additional powers of Commission. (a) Investigation of persons, partnerships, or corporations. (b) Reports of persons, partnerships, and corporations. (c) Investigation of compliance with antitrust decrees. (d) Investigations of violations of antitrust statutes. (e) Readjustment of business of corporations violating antitrust statutes. (f) Publication of information; reports. (g) Classification of corporations; regulations. (h) Investigations of foreign trade conditions; reports. 46a. Concurrent resolution essential to authorize investigations 47. Reference of suits under antitrust statutes to Commission. 48. Information and assistance from departments. 49. Documentary evidence; depositions; witnesses. 50. Offenses and penalties. 51. Effect on other statutory provisions. 52. Dissemination of false advertisements. (a) Unlawfulness. (b) Unfair or deceptive act or practice. 53. False advertisements; injunctions and restraining orders. (a) Power of Commission; jurisdiction of courts. (b) Temporary restraining orders; preliminary injunctions. (c) Exception of periodical publications. 54. False advertisements; penalties. (a) Imposition of penalties. (b) Exception of advertising medium or agency. 55. Additional definitions. (a) False advertisement. (b) Food. (c) Drug. (d) Device. (e) Cosmetic. (f) Oleomargarine or margarine. 56. Commencement, defense, intervention and supervision of litigation and appeal by Commission or Attorney General. (a) Procedure for exercise of authority to litigate or appeal. (b) Certification by Commission to Attorney General for criminal proceedings. 57. Separability clause. 57a. Unfair or deceptive acts or practices rulemaking proceedings. (a) Authority of Commission to prescribe rules and general statements of policy. (b) Procedures applicable. (c) Informal hearing procedure. (d) Statement of basis and purpose accompanying rule; 'Commission' defined; judicial review of amendment or repeal of rule; violation of rule. (e) Judicial review; petition; jurisdiction and venue; rulemaking record; additional submissions and presentations; scope of review and relief; review by Supreme Court; additional remedies. (f) Unfair or deceptive acts or practices by banks, savings and loan institutions, or Federal credit unions; promulgation of regulations by Board of Governors of Federal Reserve System, Federal Home Loan Bank Board, and National Credit Union Administration Board; agency enforcement and compliance proceedings; violations; power of other Federal agencies unaffected; reporting requirements. (g) Exemptions and stays from application of rules; procedures. (h) Compensation for attorney fees, expert witness fees, etc., incurred by persons in rulemaking proceedings; limitation on amount; establishment of small business outreach program. (i) Restriction on rulemaking authority of Commission respecting children's advertising proceedings pending on May 28, 1980. (j) Meetings with outside parties. (k) Communications by investigative personnel with staff of Commission concerning matters outside rulemaking record prohibited. 57a-1. Omitted. 57b. Civil actions for violations of rules and cease and desist orders respecting unfair or deceptive acts or practices. (a) Suits by Commission against persons, partnerships, or corporations; jurisdiction; relief for dishonest or fraudulent acts. (b) Nature of relief available. (c) Conclusiveness of findings of Commission in cease and desist proceedings; notice of judicial proceedings to injured persons, etc. (d) Time for bringing of actions. (e) Availability of additional Federal or State remedies; other authority of Commission unaffected. 57b-1. Civil investigative demands. (a) Definitions. (b) Actions conducted by Commission respecting unfair or deceptive acts or practices in or affecting commerce. (c) Issuance of demand; contents; service; verified return; sworn certificate; answer; taking of oral testimony. (d) Procedures for demand material. (e) Petition for enforcement. (f) Petition for order modifying or setting aside demand. (g) Custodial control of documentary material, reports, etc. (h) Jurisdiction of court. (i) Commission authority to issue subpoenas or make demand for information. (j) Applicability of this section. 57b-2. Confidentiality. (a) Definitions. (b) Procedures respecting documents or transcripts of oral testimony received pursuant to compulsory process or investigation. (c) Information considered confidential. (d) Particular disclosures allowed. (e) Effect on other statutory provisions limiting disclosure. (f) Exemption from disclosure. 57b-3. Rulemaking process. (a) Definitions. (b) Notice of proposed rulemaking; regulatory analysis; contents; issuance. (c) Judicial review. (d) Regulatory agenda; contents; publication dates in Federal Register. 57b-4. Good faith reliance on actions of Board of Governors. (a) 'Board of Governors' defined. (b) Use as defense. (c) Applicability of subsection (b). (d) Request for issuance of statement or interpretation concerning conduct or practice. 57c. Authorization of appropriations. 58. Short title. SUBCHAPTER II - PROMOTION OF EXPORT TRADE 61. Export trade; definitions. 62. Export trade and antitrust legislation. 63. Acquisition of stock of export trade corporation. 64. Unfair methods of competition in export trade. 65. Information required from export trade corporation; powers of Federal Trade Commission. 66. Short title. SUBCHAPTER III - LABELING OF WOOL PRODUCTS 68. Definitions. 68a. Misbranding declared unlawful. 68b. Misbranded wool products. (a) False identification; affixation of label, etc., contents. (b) Additional information. (c) Substitute identification. (d) Designations on linings, paddings, etc. (e) False or deceptive advertising in mail order promotions. (f) Location of label, etc. 68c. Stamp, tag, label, or other identification. (a) Affixing; retention until sale. (b) Removal or mutilation. (c) Packages of wool products. 68d. Enforcement of subchapter. (a) Authority of Commission. (b) Maintenance of records by wool manufacturers. 68e. Condemnation and injunction proceedings. (a) Grounds for condemnation; disposition of merchandise. (b) Grounds for temporary injunction or restraining order; issuance without bond. 68f. Exclusion of misbranded wool products. 68g. Guaranty. (a) Avoidance of liability; requirements. (b) Furnishing false guaranty. 68h. Criminal penalty. 68i. Application of other laws. 68j. Exceptions from subchapter. SUBCHAPTER IV - LABELING OF FUR PRODUCTS 69. Definitions. 69a. Violations of Federal Trade Commission Act. (a) Introduction or manufacture for introduction into commerce, sale, advertising or offering for sale in commerce. (b) Manufacture for sale, sale, advertising, offering for sale, transportation or distribution. (c) Introduction into commerce, sale, advertising or offering for sale in commerce or transportation or distribution. (d) Removal or mutilation of label. (e) Substitution of labels; records. (f) Application of section to common carrier or freight forwarder. 69b. Misbranded fur products. 69c. False advertising and invoicing. 69d. Fur products imported into United States. (a) Necessity of proper labelling; additional information. (b) Violations of Federal Trade Commission Act. (c) Verified statement of compliance. 69e. Name guide for fur products. (a) Fur products Name Guide. (b) Additions and deletions; public hearing. (c) Prevention of confusion or deception. 69f. Enforcement of subchapter. (a) Enforcement by Federal Trade Commission. (b) Rules and regulations for disclosure of information. (c) Inspection, analysis, tests for fur products; cooperation with other governmental agencies. (d) Maintenance of records by manufacturer or dealer. 69g. Condemnation and injunction proceedings. (a) Grounds for condemnation; disposition of merchandise. (b) Grounds for temporary injunction or restraining order; issuance without bond. 69h. Guaranty. (a) Avoidance of liability; requirements. (b) Furnishing false guaranty. 69i. Criminal penalty. 69j. Application of other laws. SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION 70. Definitions. 70a. Violations of Federal Trade Commission Act. (a) Introduction or manufacture for introduction into commerce, sale, advertising or offering for sale in commerce. (b) Sale, offering for sale, advertising, delivery, transportation of products advertised for sale in commerce. (c) Sale, offering for sale, advertising, delivery, transportation of products after shipment in commerce. (d) Application of section to common carrier, freight forwarder, etc. 70b. Misbranded and falsely advertised textile fiber products. (a) False or deceptive identification. (b) Stamp, tag, label or other means of identification; contents. (c) False or deceptive advertisement. (d) Additional information allowed. (e) Labelling of packages. (f) Fabric severed from bolts, pieces or rolls of fabric. (g) Advertisement of textile product by use of name or symbol of fur-bearing animal. (h) Reused stuffing. (i) Mail order catalog or promotional material. (j) Location of stamp, tag, label, or other identification. 70c. Removal of stamp, tag, label, or other identification. (a) Removal or mutilation after shipment in commerce. (b) Substitution of stamp, tag, etc. (c) Affixing of stamp, tag, etc. to individual unit of broken package. 70d. Records. (a) Maintenance and preservation by manufacturer. (b) Maintenance and preservation by person substituting stamp, tag, etc. (c) Neglect or refusal to maintain or preserve records. 70e. Enforcement. (a) Enforcement by Federal Trade Commission. (b) Terms of Federal Trade Commission Act incorporated into this subchapter. (c) Rules and regulations by Federal Trade Commission. (d) Inspection, analyses, tests, etc. 70f. Injunction proceedings. 70g. Exclusion of misbranded textile fiber products. 70h. Guaranty. (a) Avoidance of liability; requirements. (b) Furnishing false guaranty. 70i. Criminal penalty. 70j. Exemptions. 70k. Application of other laws. SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION 71. 'Person' defined. 72. Importation or sale of articles at less than market value or wholesale price. 73. Agreements involving restrictions in favor of imported goods. 74. Rules and regulations. 75. Retaliation against country prohibiting importations. 76. Retaliation against restriction of importations in time of war. 77. Discrimination against neutral Americans in time of war. ------DocID 17503 Document 933 of 1400------ -CITE- 15 USC Sec. 57b-2 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 57b-2. Confidentiality -STATUTE- (a) Definitions For purposes of this section: (1) The term 'material' means documentary material, written reports or answers to questions, and transcripts of oral testimony. (2) The term 'Federal agency' has the meaning given it in section 552(e) (FOOTNOTE 1) of title 5. (FOOTNOTE 1) See References in Text note below. (b) Procedures respecting documents or transcripts of oral testimony received pursuant to compulsory process or investigation (1) With respect to any document or transcript of oral testimony received by the Commission pursuant to compulsory process in an investigation, a purpose of which is to determine whether any person may have violated any provision of the laws administered by the Commission, the procedures established in paragraph (2) through paragraph (7) shall apply. (2)(A) The Commission shall designate a duly authorized agent to serve as custodian of documentary material, or written reports or answers to questions, and transcripts of oral testimony, and such additional duly authorized agents as the Commission shall determine from time to time to be necessary to serve as deputies to the custodian. (B) Any person upon whom any demand for the production of documentary material has been duly served shall make such material available for inspection and copying or reproduction to the custodian designated in such demand at the principal place of business of such person (or at such other place as such custodian and such person thereafter may agree or prescribe in writing or as the court may direct pursuant to section 57b-1(h) of this title) on the return date specified in such demand (or on such later date as such custodian may prescribe in writing). Such person may upon written agreement between such person and the custodian substitute copies for originals of all or any part of such material. (3)(A) The custodian to whom any documentary material, written reports or answers to questions, and transcripts of oral testimony are delivered shall take physical possession of such material, reports or answers, and transcripts, and shall be responsible for the use made of such material, reports or answers, and transcripts, and for the return of material, pursuant to the requirements of this section. (B) The custodian may prepare such copies of the documentary material, written reports or answers to questions, and transcripts of oral testimony as may be required for official use by any duly authorized officer or employee of the Commission under regulations which shall be promulgated by the Commission. Notwithstanding subparagraph (C), such material and transcripts may be used by any such officer or employee in connection with the taking of oral testimony under this section. (C) Except as otherwise provided in this section, while in the possession of the custodian, no documentary material, reports or answers to questions, and transcripts of oral testimony shall be available for examination by any individual other than a duly authorized officer or employee of the Commission without the consent of the person who produced the material or transcripts. Nothing in this section is intended to prevent disclosure to either House of the Congress or to any committee or subcommittee of the Congress, except that the Commission immediately shall notify the owner or provider of any such information of a request for information designated as confidential by the owner or provider. (D) While in the possession of the custodian and under such reasonable terms and conditions as the Commission shall prescribe - (i) documentary material or written reports shall be available for examination by the person who produced the material, or by any duly authorized representative of such person; and (ii) answers to questions in writing and transcripts of oral testimony shall be available for examination by the person who produced the testimony or by his attorney. (4) Whenever the Commission has instituted a proceeding against a person, partnership, or corporation, the custodian may deliver to any officer or employee of the Commission documentary material, written reports or answers to questions, and transcripts of oral testimony for official use in connection with such proceeding. Upon the completion of the proceeding, the officer or employee shall return to the custodian any such material so delivered which has not been received into the record of the proceeding. (5) If any documentary material, written reports or answers to questions, and transcripts of oral testimony have been produced in the course of any investigation by any person pursuant to compulsory process and - (A) any proceeding arising out of the investigation has been completed; or (B) no proceeding in which the material may be used has been commenced within a reasonable time after completion of the examination and analysis of all such material and other information assembled in the course of the investigation; then the custodian shall, upon written request of the person who produced the material, return to the person any such material which has not been received into the record of any such proceeding (other than copies of such material made by the custodian pursuant to paragraph (3)(B)). (6) The custodian of any documentary material, written reports or answers to questions, and transcripts of oral testimony may deliver to any officers or employees of appropriate Federal law enforcement agencies, in response to a written request, copies of such material for use in connection with an investigation or proceeding under the jurisdiction of any such agency. Such materials shall not be made available to any such agency until the custodian received certification of any officer of such agency that such information will be maintained in confidence and will be used only for official law enforcement purposes. Such documentary material, written reports or answers to questions, and transcripts of oral testimony may be used by any officer or employee of such agency only in such manner and subject to such conditions as apply to the Commission under this section. The custodian may make such materials available to any State law enforcement agency upon the prior certification of any officer of such agency that such information will be maintained in confidence and will be used only for official law enforcement purposes. (7) In the event of the death, disability, or separation from service in the Commission of the custodian of any documentary material, written reports or answers to questions, and transcripts of oral testimony produced under any demand issued under this subchapter, or the official relief of the custodian from responsibility for the custody and control of such material, the Commission promptly shall - (A) designate under paragraph (2)(A) another duly authorized agent to serve as custodian of such material; and (B) transmit in writing to the person who produced the material or testimony notice as to the identity and address of the successor so designated. Any successor designated under paragraph (2)(A) as a result of the requirements of this paragraph shall have (with regard to the material involved) all duties and responsibilities imposed by this section upon his predecessor in office with regard to such material, except that he shall not be held responsible for any default or derelection which occurred before his designation. (c) Information considered confidential (1) All information reported to or otherwise obtained by the Commission which is not subject to the requirements of subsection (b) of this section shall be considered confidential when so marked by the person supplying the information and shall not be disclosed, except in accordance with the procedures established in paragraph (2) and paragraph (3). (2) If the Commission determines that a document marked confidential by the person supplying it may be disclosed because it is not a trade secret or commercial or financial information which is obtained from any person and which is privileged or confidential, within the meaning of section 46(f) of this title, then the Commission shall notify such person in writing that the Commission intends to disclose the document at a date not less than 10 days after the date of receipt of notification. (3) Any person receiving such notification may, if he believes disclosure of the document would cause disclosure of a trade secret, or commercial or financial information which is obtained from any person and which is privileged or confidential, within the meaning of section 46(f) of this title, before the date set for release of the document, bring an action in the district court of the United States for the district within which the documents are located or in the United States District Court for the District of Columbia to restrain disclosure of the document. Any person receiving such notification may file with the appropriate district court or court of appeals of the United States, as appropriate, an application for a stay of disclosure. The documents shall not be disclosed until the court has ruled on the application for a stay. (d) Particular disclosures allowed (1) The provisions of subsection (c) of this section shall not be construed to prohibit - (A) the disclosure of information to either House of the Congress or to any committee or subcommittee of the Congress, except that the Commission immediately shall notify the owner or provider of any such information of a request for information designated as confidential by the owner or provider; (B) the disclosure of the results of any investigation or study carried out or prepared by the Commission, except that no information shall be identified nor shall information be disclosed in such a manner as to disclose a trade secret of any person supplying the trade secret, or to disclose any commercial or financial information which is obtained from any person and which is privileged or confidential; (C) the disclosure of relevant and material information in Commission adjudicative proceedings or in judicial proceedings to which the Commission is a party; or (D) the disclosure to a Federal agency of disaggregated information obtained in accordance with section 3512 of title 44, except that the recipient agency shall use such disaggregated information for economic, statistical, or policymaking purposes only, and shall not disclose such information in an individually identifiable form. (2) Any disclosure of relevant and material information in Commission adjudicative proceedings or in judicial proceedings to which the Commission is a party shall be governed by the rules of the Commission for adjudicative proceedings or by court rules or orders, except that the rules of the Commission shall not be amended in a manner inconsistent with the purposes of this section. (e) Effect on other statutory provisions limiting disclosure Nothing in this section shall supersede any statutory provision which expressly prohibits or limits particular disclosures by the Commission, or which authorizes disclosures to any other Federal agency. (f) Exemption from disclosure Any material which is received by the Commission in any investigation, a purpose of which is to determine whether any person may have violated any provision of the laws administered by the Commission, and which is provided pursuant to any compulsory process under this subchapter or which is provided voluntarily in place of such compulsory process shall be exempt from disclosure under section 552 of title 5. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 21, as added May 28, 1980, Pub. L. 96-252, Sec. 14, 94 Stat. 385.) -REFTEXT- REFERENCES IN TEXT Section 552(e) of title 5, referred to in subsec. (a)(2), was redesignated section 552(f) of Title 5, Government Organization and Employees, by section 1802(b) of Pub. L. 99-570. -MISC2- EFFECTIVE DATE Section effective May 28, 1980, see section 23 of Pub. L. 96-252, set out as an Effective Date of 1980 Amendment note under section 45 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 57b-1 of this title. ------DocID 17639 Document 934 of 1400------ -CITE- 15 USC Sec. 78d-2 -EXPCITE- TITLE 15 CHAPTER 2B -HEAD- Sec. 78d-2. Transfer of functions with respect to assignment of personnel to chairman -STATUTE- In addition to the functions transferred by the provisions of Reorganization Plan Numbered 10 of 1950 (64 Stat. 1265), there are hereby transferred from the Commission to the Chairman of the Commission the functions of the Commission with respect to the assignment of Commission personnel, including Commissioners, to perform such functions as may have been delegated by the Commission to the Commission personnel, including Commissioners, pursuant to section 78d-1 of this title. -SOURCE- (June 6, 1934, ch. 404, title I, Sec. 4B, as added Dec. 4, 1987, Pub. L. 100-181, title III, Sec. 308(a), 101 Stat. 1255.) -REFTEXT- REFERENCES IN TEXT Reorganization Plan Numbered 10 of 1950 (64 Stat. 1265), referred to in text, is set out as a note under section 78d of this title. -MISC2- PRIOR PROVISIONS A prior section 78d-2, Pub. L. 87-592, Sec. 2, Aug. 20, 1962, 76 Stat. 395, which provided for subject matter similar to the provisions comprising this section, was repealed by section 308(b) of Pub. L. 100-181. ------DocID 17654 Document 935 of 1400------ -CITE- 15 USC Sec. 78o-2 -EXPCITE- TITLE 15 CHAPTER 2B -HEAD- Sec. 78o-2. Liabilities arising prior to amendment unaffected -STATUTE- Nothing in this Act shall be deemed to extinguish any liability which may have arisen prior to the effective date of this Act by reason of any violation of section 78o of this title or of any rule or regulation thereunder. -SOURCE- (May 27, 1936, ch. 462, Sec. 11, 49 Stat. 1380.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act May 27, 1936, ch. 462, 49 Stat. 1375, popularly known as the Unlisted Securities Trading Act, which enacted sections 78l-1, 78o-1, 78o-2, and 78hh-1 of this title, and amended sections 78l, 78o, 78q, 78r, 78t, 78u, 78w, and 78ff of this title. Effective date of this Act, referred to in text, is July 1, 1934. See section 78hh-1 of this title. -COD- CODIFICATION Section was not enacted as a part of the Securities Exchange Act of 1934 which comprises this chapter. ------DocID 17661 Document 936 of 1400------ -CITE- 15 USC Sec. 78q-2 -EXPCITE- TITLE 15 CHAPTER 2B -HEAD- Sec. 78q-2. Automated quotation systems for penny stocks -STATUTE- (a) Findings The Congress finds that - (1) the market for penny stocks suffers from a lack of reliable and accurate quotation and last sale information available to investors and regulators; (2) it is in the public interest and appropriate for the protection of investors and the maintenance of fair and orderly markets to improve significantly the information available to brokers, dealers, investors, and regulators with respect to quotations for and transactions in penny stocks; and (3) a fully implemented automated quotation system for penny stocks would meet the information needs of investors and market participants and would add visibility and regulatory and surveillance data to that market. (b) Mandate to facilitate establishment of automated quotation systems (1) In general The Commission shall facilitate the widespread dissemination of reliable and accurate last sale and quotation information with respect to penny stocks in accordance with the findings set forth in subsection (a) of this section, with a view toward establishing, at the earliest feasible time, one or more automated quotation systems that will collect and disseminate information regarding all penny stocks. (2) Characteristics of systems Each such automated quotation system shall - (A) be operated by a registered securities association or a national securities exchange in accordance with such rules as the Commission and these entities shall prescribe; (B) collect and disseminate quotation and transaction information; (C) except as provided in subsection (c) of this section, provide bid and ask quotations of participating brokers or dealers, or comparably accurate and reliable pricing information, which shall constitute firm bids or offers for at least such minimum numbers of shares or minimum dollar amounts as the Commission and the registered securities association or national securities exchange shall require; and (D) provide for the reporting of the volume of penny stock transactions, including last sale reporting, when the volume reaches appropriate levels that the Commission shall specify by rule or order. (c) Exemptive authority The Commission may, by rule or order, grant such exemptions, in whole or in part, conditionally or unconditionally, to any penny stock or class of penny stocks from the requirements of subsection (b) of this section as the Commission determines to be consistent with the public interest, the protection of investors, and the maintenance of fair and orderly markets. (d) Commission reporting requirements The Commission shall, in each of the first 5 annual reports (under section 78w(b)(1) of this title) submitted more than 12 months after October 15, 1990, include a description of the status of the penny stock automated quotation system or systems required by subsection (b) of this section. Such description shall include - (1) a review of the development, implementation, and progress of the project, including achievement of significant milestones and current project schedule; and (2) a review of the activities of registered securities associations and national securities exchanges in the development of the system. -SOURCE- (June 6, 1934, ch. 404, title I, Sec. 17B, as added Oct. 15, 1990, Pub. L. 101-429, title V, Sec. 506, 104 Stat. 955.) -MISC1- EFFECTIVE DATE Section effective Oct. 15, 1990, with provisions relating to civil penalties and accounting and disgorgement, see section 1(c)(1), (2) of Pub. L. 101-429, set out in an Effective Date of 1990 Amendment note under section 77g of this title. ------DocID 17668 Document 937 of 1400------ -CITE- 15 USC Sec. 78u-2 -EXPCITE- TITLE 15 CHAPTER 2B -HEAD- Sec. 78u-2. Civil remedies in administrative proceedings -STATUTE- (a) Commission authority to assess money penalties In any proceeding instituted pursuant to sections 78o(b)(4), 78o(b)(6), 78o-4, 78o-5, or 78q-1 of this title against any person, the Commission or the appropriate regulatory agency may impose a civil penalty if it finds, on the record after notice and opportunity for hearing, that such person - (1) has willfully violated any provision of the Securities Act of 1933 (15 U.S.C. 77a et seq.), the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), the Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.), or this chapter, or the rules or regulations thereunder, or the rules of the Municipal Securities Rulemaking Board; (2) has willfully aided, abetted, counseled, commanded, induced, or procured such a violation by any other person; (3) has willfully made or caused to be made in any application for registration or report required to be filed with the Commission or with any other appropriate regulatory agency under this chapter, or in any proceeding before the Commission with respect to registration, any statement which was, at the time and in the light of the circumstances under which it was made, false or misleading with respect to any material fact, or has omitted to state in any such application or report any material fact which is required to be stated therein; or (4) has failed reasonably to supervise, within the meaning of section 78o(b)(4)(E) of this title, with a view to preventing violations of the provisions of such statutes, rules and regulations, another person who commits such a violation, if such other person is subject to his supervision; and that such penalty is in the public interest. (b) Maximum amount of penalty (1) First tier The maximum amount of penalty for each act or omission described in subsection (a) of this section shall be $5,000 for a natural person or $50,000 for any other person. (2) Second tier Notwithstanding paragraph (1), the maximum amount of penalty for each such act or omission shall be $50,000 for a natural person or $250,000 for any other person if the act or omission described in subsection (a) of this section involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement. (3) Third tier Notwithstanding paragraphs (1) and (2), the maximum amount of penalty for each such act or omission shall be $100,000 for a natural person or $500,000 for any other person if - (A) the act or omission described in subsection (a) of this section involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (B) such act or omission directly or indirectly resulted in substantial losses or created a significant risk of substantial losses to other persons or resulted in substantial pecuniary gain to the person who committed the act or omission. (c) Determination of public interest In considering under this section whether a penalty is in the public interest, the Commission or the appropriate regulatory agency may consider - (1) whether the act or omission for which such penalty is assessed involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; (2) the harm to other persons resulting either directly or indirectly from such act or omission; (3) the extent to which any person was unjustly enriched, taking into account any restitution made to persons injured by such behavior; (4) whether such person previously has been found by the Commission, another appropriate regulatory agency, or a self-regulatory organization to have violated the Federal securities laws, State securities laws, or the rules of a self-regulatory organization, has been enjoined by a court of competent jurisdiction from violations of such laws or rules, or has been convicted by a court of competent jurisdiction of violations of such laws or of any felony or misdemeanor described in section 78o(b)(4)(B) of this title; (5) the need to deter such person and other persons from committing such acts or omissions; and (6) such other matters as justice may require. (d) Evidence concerning ability to pay In any proceeding in which the Commission or the appropriate regulatory agency may impose a penalty under this section, a respondent may present evidence of the respondent's ability to pay such penalty. The Commission or the appropriate regulatory agency may, in its discretion, consider such evidence in determining whether such penalty is in the public interest. Such evidence may relate to the extent of such person's ability to continue in business and the collectability of a penalty, taking into account any other claims of the United States or third parties upon such person's assets and the amount of such person's assets. (e) Authority to enter order requiring accounting and disgorgement In any proceeding in which the Commission or the appropriate regulatory agency may impose a penalty under this section, the Commission or the appropriate regulatory agency may enter an order requiring accounting and disgorgement, including reasonable interest. The Commission is authorized to adopt rules, regulations, and orders concerning payments to investors, rates of interest, periods of accrual, and such other matters as it deems appropriate to implement this subsection. -SOURCE- (June 6, 1934, ch. 404, title I, Sec. 21B, as added Oct. 15, 1990, Pub. L. 101-429, title II, Sec. 202(a), 104 Stat. 937.) -REFTEXT- REFERENCES IN TEXT The Securities Act of 1933, referred to in subsec. (a)(1), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is classified generally to subchapter I (Sec. 77a et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77a of this title and Tables. The Investment Company Act of 1940, referred to in subsec. (a)(1), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as amended, which is classified generally to subchapter I (Sec. 80a-1 et seq.) of chapter 2D of this title. For complete classification of this Act to the Code, see section 80a-51 of this title and Tables. The Investment Advisers Act of 1940, referred to in subsec. (a)(1), is title II of act Aug. 22, 1940, ch. 686, 54 Stat. 847, as amended, which is classified generally to subchapter II (Sec. 80b-1 et seq.) of chapter 2D of this title. For complete classification of this Act to the Code, see section 80b-20 of this title and Tables. This chapter, referred to in subsec. (a)(1), (3), was in the original 'this title'. See References in Text note set out under section 78a of this title. -MISC2- EFFECTIVE DATE Section effective Oct. 15, 1990, with provisions relating to civil penalties and accounting and disgorgement, see section 1(c)(1), (2) of Pub. L. 101-429, set out in an Effective Date of 1990 Amendment note under section 77g of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 78o-4 of this title. ------DocID 17680 Document 938 of 1400------ -CITE- 15 USC Sec. 78dd-2 -EXPCITE- TITLE 15 CHAPTER 2B -HEAD- Sec. 78dd-2. Prohibited foreign trade practices by domestic concerns -STATUTE- (a) Prohibition It shall be unlawful for any domestic concern, other than an issuer which is subject to section 78dd-1 of this title, or for any officer, director, employee, or agent of such domestic concern or any stockholder thereof acting on behalf of such domestic concern, to make use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to - (1) any foreign official for purposes of - (A)(i) influencing any act or decision of such foreign official in his official capacity, or (ii) inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, or (B) inducing such foreign official to use his influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in order to assist such domestic concern in obtaining or retaining business for or with, or directing business to, any person; (2) any foreign political party or official thereof or any candidate for foreign political office for purposes of - (A)(i) influencing any act or decision of such party, official, or candidate in its or his official capacity, or (ii) inducing such party, official, or candidate to do or omit to do an act in violation of the lawful duty of such party, official, or candidate, (B) inducing such party, official, or candidate to use its or his influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in order to assist such domestic concern in obtaining or retaining business for or with, or directing business to, any person; or (3) any person, while knowing that all or a portion of such money or thing of value will be offered, given, or promised, directly or indirectly, to any foreign official, to any foreign political party or official thereof, or to any candidate for foreign political office, for purposes of - (A)(i) influencing any act or decision of such foreign official, political party, party official, or candidate in his or its official capacity, or (ii) inducing such foreign official, political party, party official, or candidate to do or omit to do any act in violation of the lawful duty of such foreign official, political party, party official, or candidate, or (B) inducing such foreign official, political party, party official, or candidate to use his or its influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in order to assist such issuer in obtaining or retaining business for or with, or directing business to, any person. (b) Exception for routine governmental action Subsection (a) of this section shall not apply to any facilitating or expediting payment to a foreign official, political party, or party official the purpose of which is to expedite or to secure the performance of a routine governmental action by a foreign official, political party, or party official. (c) Affirmative defenses It shall be an affirmative defense to actions under subsection (a) of this section that - (1) the payment, gift, offer, or promise of anything of value that was made, was lawful under the written laws and regulations of the foreign official's, political party's, party official's, or candidate's country; or (2) the payment, gift, offer, or promise of anything of value that was made, was a reasonable and bona fide expenditure, such as travel and lodging expenses, incurred by or on behalf of a foreign official, party, party official, or candidate and was directly related to - (A) the promotion, demonstration, or explanation of products or services; or (B) the execution or performance of a contract with a foreign government or agency thereof. (d) Injunctive relief (1) When it appears to the Attorney General that any domestic concern to which this section applies, or officer, director, employee, agent, or stockholder thereof, is engaged, or about to engage, in any act or practice constituting a violation of subsection (a) of this section, the Attorney General may, in his discretion, bring a civil action in an appropriate district court of the United States to enjoin such act or practice, and upon a proper showing, a permanent injunction or a temporary restraining order shall be granted without bond. (2) For the purpose of any civil investigation which, in the opinion of the Attorney General, is necessary and proper to enforce this section, the Attorney General or his designee are empowered to administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any books, papers, or other documents which the Attorney General deems relevant or material to such investigation. The attendance of witnesses and the production of documentary evidence may be required from any place in the United States, or any territory, possession, or commonwealth of the United States, at any designated place of hearing. (3) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, or other documents. Any such court may issue an order requiring such person to appear before the Attorney General or his designee, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district in which such person resides or may be found. The Attorney General may make such rules relating to civil investigations as may be necessary or appropriate to implement the provisions of this subsection. (e) Guidelines by Attorney General Not later than 6 months after August 23, 1988, the Attorney General, after consultation with the Securities and Exchange Commission, the Secretary of Commerce, the United States Trade Representative, the Secretary of State, and the Secretary of the Treasury, and after obtaining the views of all interested persons through public notice and comment procedures, shall determine to what extent compliance with this section would be enhanced and the business community would be assisted by further clarification of the preceding provisions of this section and may, based on such determination and to the extent necessary and appropriate, issue - (1) guidelines describing specific types of conduct, associated with common types of export sales arrangements and business contracts, which for purposes of the Department of Justice's present enforcement policy, the Attorney General determines would be in conformance with the preceding provisions of this section; and (2) general precautionary procedures which domestic concerns may use on a voluntary basis to conform their conduct to the Department of Justice's present enforcement policy regarding the preceding provisions of this section. The Attorney General shall issue the guidelines and procedures referred to in the preceding sentence in accordance with the provisions of subchapter II of chapter 5 of title 5 and those guidelines and procedures shall be subject to the provisions of chapter 7 of that title. (f) Opinions of Attorney General (1) The Attorney General, after consultation with appropriate departments and agencies of the United States and after obtaining the views of all interested persons through public notice and comment procedures, shall establish a procedure to provide responses to specific inquiries by domestic concerns concerning conformance of their conduct with the Department of Justice's present enforcement policy regarding the preceding provisions of this section. The Attorney General shall, within 30 days after receiving such a request, issue an opinion in response to that request. The opinion shall state whether or not certain specified prospective conduct would, for purposes of the Department of Justice's present enforcement policy, violate the preceding provisions of this section. Additional requests for opinions may be filed with the Attorney General regarding other specified prospective conduct that is beyond the scope of conduct specified in previous requests. In any action brought under the applicable provisions of this section, there shall be a rebuttable presumption that conduct, which is specified in a request by a domestic concern and for which the Attorney General has issued an opinion that such conduct is in conformity with the Department of Justice's present enforcement policy, is in compliance with the preceding provisions of this section. Such a presumption may be rebutted by a preponderance of the evidence. In considering the presumption for purposes of this paragraph, a court shall weigh all relevant factors, including but not limited to whether the information submitted to the Attorney General was accurate and complete and whether it was within the scope of the conduct specified in any request received by the Attorney General. The Attorney General shall establish the procedure required by this paragraph in accordance with the provisions of subchapter II of chapter 5 of title 5 and that procedure shall be subject to the provisions of chapter 7 of that title. (2) Any document or other material which is provided to, received by, or prepared in the Department of Justice or any other department or agency of the United States in connection with a request by a domestic concern under the procedure established under paragraph (1), shall be exempt from disclosure under section 552 of title 5 and shall not, except with the consent of the domestic concern, be made publicly available, regardless of whether the Attorney General responds to such a request or the domestic concern withdraws such request before receiving a response. (3) Any domestic concern who has made a request to the Attorney General under paragraph (1) may withdraw such request prior to the time the Attorney General issues an opinion in response to such request. Any request so withdrawn shall have no force or effect. (4) The Attorney General shall, to the maximum extent practicable, provide timely guidance concerning the Department of Justice's present enforcement policy with respect to the preceding provisions of this section to potential exporters and small businesses that are unable to obtain specialized counsel on issues pertaining to such provisions. Such guidance shall be limited to responses to requests under paragraph (1) concerning conformity of specified prospective conduct with the Department of Justice's present enforcement policy regarding the preceding provisions of this section and general explanations of compliance responsibilities and of potential liabilities under the preceding provisions of this section. (g) Penalties (1)(A) Any domestic concern that violates subsection (a) of this section shall be fined not more than $2,000,000. (B) Any domestic concern that violates subsection (a) of this section shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Attorney General. (2)(A) Any officer or director of a domestic concern, or stockholder acting on behalf of such domestic concern, who willfully violates subsection (a) of this section shall be fined not more than $100,000, or imprisoned not more than 5 years, or both. (B) Any employee or agent of a domestic concern who is a United States citizen, national, or resident or is otherwise subject to the jurisdiction of the United States (other than an officer, director, or stockholder acting on behalf of such domestic concern), and who willfully violates subsection (a) of this section, shall be fined not more than $100,000, or imprisoned not more than 5 years, or both. (C) Any officer, director, employee, or agent of a domestic concern, or stockholder acting on behalf of such domestic concern, who violates subsection (a) of this section shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Attorney General. (3) Whenever a fine is imposed under paragraph (2) upon any officer, director, employee, agent, or stockholder of a domestic concern, such fine may not be paid, directly or indirectly, by such domestic concern. (h) Definitions For purposes of this section: (1) The term 'domestic concern' means - (A) any individual who is a citizen, national, or resident of the United States; and (B) any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship which has its principal place of business in the United States, or which is organized under the laws of a State of the United States or a territory, possession, or commonwealth of the United States. (2) The term 'foreign official' means any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality. (3)(A) A person's state of mind is 'knowing' with respect to conduct, a circumstance, or a result if - (i) such person is aware that such person is engaging in such conduct, that such circumstance exists, or that such result is substantially certain to occur; or (ii) such person has a firm belief that such circumstance exists or that such result is substantially certain to occur. (B) When knowledge of the existence of a particular circumstance is required for an offense, such knowledge is established if a person is aware of a high probability of the existence of such circumstance, unless the person actually believes that such circumstance does not exist. (4)(A) For purposes of paragraph (1), the term 'routine governmental action' means only an action which is ordinarily and commonly performed by a foreign official in - (i) obtaining permits, licenses, or other official documents to qualify a person to do business in a foreign country; (ii) processing governmental papers, such as visas and work orders; (iii) providing police protection, mail pick-up and delivery, or scheduling inspections associated with contract performance or inspections related to transit of goods across country; (iv) providing phone service, power and water supply, loading and unloading cargo, or protecting perishable products or commodities from deterioration; or (v) actions of a similar nature. (B) The term 'routine governmental action' does not include any decision by a foreign official whether, or on what terms, to award new business to or to continue business with a particular party, or any action taken by a foreign official involved in the decision-making process to encourage a decision to award new business to or continue business with a particular party. (5) The term 'interstate commerce' means trade, commerce, transportation, or communication among the several States, or between any foreign country and any State or between any State and any place or ship outside thereof, and such term includes the intrastate use of - (A) a telephone or other interstate means of communication, or (B) any other interstate instrumentality. -SOURCE- (Pub. L. 95-213, title I, Sec. 104, Dec. 19, 1977, 91 Stat. 1496; Pub. L. 100-418, title V, Sec. 5003(c), Aug. 23, 1988, 102 Stat. 1419.) -COD- CODIFICATION Section was enacted as part of Pub. L. 95-213, the Foreign Corrupt Practices Act of 1977, and not as part of act June 6, 1934, ch. 404, 48 Stat. 881, the Securities Exchange Act of 1934, which comprises this chapter. -MISC3- AMENDMENTS 1988 - Pub. L. 100-418 substituted 'Prohibited foreign trade' for 'Foreign corrupt' in section catchline and amended text generally, revising and restating as subsecs. (a) to (h) provisions of former subsecs. (a) to (d). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 12a; title 22 sections 2197, 2778; title 26 sections 162, 952, 964. ------DocID 17698 Document 939 of 1400------ -CITE- 15 USC Sec. 78fff-2 -EXPCITE- TITLE 15 CHAPTER 2B-1 -HEAD- Sec. 78fff-2. Special provisions of a liquidation proceeding -STATUTE- (a) Notice and claims (1) Notice of proceedings Promptly after the appointment of the trustee, such trustee shall cause notice of the commencement of proceedings under this section to be published in one or more newspapers of general circulation in the form and manner determined by the court, and at the same time shall cause a copy of such notice to be mailed to each person who, from the books and records of the debtor, appears to have been a customer of the debtor with an open account within the past twelve months, to the address of such person as it appears from the books and records of the debtor. Notice to creditors other than customers shall be given in the manner prescribed by title 11, except that such notice shall be given by the trustee. (2) Statement of claim A customer shall file with the trustee a written statement of claim but need not file a formal proof of claim, except that no obligation of the debtor to any person associated with the debtor within the meaning of section 78c(a)(18) of this title or section 78c(a)(21) of this title, any beneficial owner of 5 per centum or more of the voting stock of the debtor, or any member of the immediate family of any such person or owner may be satisfied without formal proof of claim. (3) Time limitations No claim of a customer or other creditor of the debtor which is received by the trustee after the expiration of the six-month period beginning on the date of publication of notice under paragraph (1) shall be allowed, except that the court may, upon application within such period and for cause shown, grant a reasonable, fixed extension of time for the filing of a claim by the United States, by a State or political subdivision thereof, or by an infant or incompetent person without a guardian. Any claim of a customer for net equity which is received by the trustee after the expiration of such period of time as may be fixed by the court (not exceeding sixty days after the date of publication of notice under paragraph (1)) need not be paid or satisfied in whole or in part out of customer property, and, to the extent such claim is satisfied from moneys advanced by SIPC, it shall be satisfied in cash or securities (or both) as the trustee determines is most economical to the estate. (4) Effect on claims Except as otherwise provided in this section, and without limiting the powers and duties of the trustee to discharge obligations promptly as specified in this section, nothing in this section shall limit the right of any person, including any subrogee, to establish by formal proof or otherwise as the court may provide such claims as such person may have against the debtor, including claims for the payment of money and the delivery of specific securities, without resort to moneys advanced by SIPC to the trustee. (b) Payments to customers After receipt of a written statement of claim pursuant to subsection (a)(2), of this section, the trustee shall promptly discharge, in accordance with the provisions of this section, all obligations of the debtor to a customer relating to, or net equity claims based upon, securities or cash, by the delivery of securities or the making of payments to or for the account of such customer (subject to the provisions of subsection (d) of this section and section 78fff-3(a) of this title) insofar as such obligations are ascertainable from the books and records of the debtor or are otherwise established to the satisfaction of the trustee. For purposes of distributing securities to customers, all securities shall be valued as of the close of business on the filing date. For purposes of this subsection, the court shall, among other things - (1) with respect to net equity claims, authorize the trustee to satisfy claims out of moneys made available to the trustee by SIPC notwithstanding the fact that there has not been any showing or determination that there are sufficient funds of the debtor available to satisfy such claims; and (2) with respect to claims relating to, or net equities based upon, securities of a class and series of an issuer which are ascertainable from the books and records of the debtor or are otherwise established to the satisfaction of the trustee, authorize the trustee to deliver securities of such class and series if and to the extent available to satisfy such claims in whole or in part, with partial deliveries to be made pro rata to the greatest extent considered practicable by the trustee. Any payment or delivery of property pursuant to this subsection may be conditioned upon the trustee requiring claimants to execute, in a form to be determined by the trustee, appropriate receipts, supporting affidavits, releases, and assignments, but shall be without prejudice to any right of a claimant to file formal proof of claim within the period specified in subsection (a)(3) of this section for any balance of securities or cash to which such claimant considers himself entitled. (c) Customer related property (1) Allocation of customer property The trustee shall allocate customer property of the debtor as follows: (A) first, to SIPC in repayment of advances made by SIPC pursuant to section 78fff-3(c)(1) of this title, to the extent such advances recovered securities which were apportioned to customer property pursuant to section 78fff(d) of this title; (B) second, to customers of such debtor, who shall share ratably in such customer property on the basis and to the extent of their respective net equities; (C) third, to SIPC as subrogee for the claims of customers; (D) fourth, to SIPC in repayment of advances made by SIPC pursuant to section 78fff-3(c)(2) of this title. Any customer property remaining after allocation in accordance with this paragraph shall become part of the general estate of the debtor. To the extent customer property and SIPC advances pursuant to section 78fff-3(a) of this title are not sufficient to pay or otherwise satisfy in full the net equity claims of customers, such customers shall be entitled, to the extent only of their respective unsatisfied net equities, to participate in the general estate as unsecured creditors. For purposes of allocating customer property under this paragraph, securities to be delivered in payment of net equity claims for securities of the same class and series of an issuer shall be valued as of the close of business on the filing date. (2) Delivery of customer name securities The trustee shall deliver customer name securities to or on behalf of a customer of the debtor entitled thereto if the customer is not indebted to the debtor. If the customer is so indebted, such customer may, with the approval of the trustee, reclaim customer name securities upon payment to the trustee, within such period of time as the trustee determines, of all indebtedness of such customer to the debtor. (3) Recovery of transfers Whenever customer property is not sufficient to pay in full the claims set forth in subparagraphs (A) through (D) of paragraph (1), the trustee may recover any property transferred by the debtor which, except for such transfer, would have been customer property if and to the extent that such transfer is voidable or void under the provisions of title 11. Such recovered property shall be treated as customer property. For purposes of such recovery, the property so transferred shall be deemed to have been the property of the debtor and, if such transfer was made to a customer or for his benefit, such customer shall be deemed to have been a creditor, the laws of any State to the contrary notwithstanding. (d) Purchase of securities The trustee shall, to the extent that securities can be purchased in a fair and orderly market, purchase securities as necessary for the delivery of securities to customers in satisfaction of their claims for net equities based on securities under section 78fff-1(b)(1) of this title and for the transfer of customer accounts under subsection (f) of this section, in order to restore the accounts of such customers as of the filing date. To the extent consistent with subsection (c) of this section, customer property and moneys advanced by SIPC may be used by the trustee to pay for securities so purchased. Moneys advanced by SIPC for each account of a separate customer may not be used to purchase securities to the extent that the aggregate value of such securities on the filing date exceeded the amount permitted to be advanced by SIPC under the provisions of section 78fff-3(a) of this title. (e) Closeouts (1) In general Any contract of the debtor for the purchase or sale of securities in the ordinary course of its business with other brokers or dealers which is wholly executory on the filing date shall not be completed by the trustee, except to the extent permitted by SIPC rule. Upon the adoption by SIPC of rules with respect to the closeout of such a contract but prior to the adoption of rules with respect to the completion of such a contract, the other broker or dealer shall close out such contract, without unnecessary delay, in the best available market and pursuant to such SIPC rules. Until such time as SIPC adopts rules with respect to the completion or closeout of such a contract, such a contract shall be closed out in accordance with Commission Rule S6(d)-1 as in effect on May 21, 1978, or any comparable rule of the Commission subsequently adopted, to the extent not inconsistent with the provisions of this subsection. (2) Net profit or loss A broker or dealer shall net all profits and losses on all contracts closed out under this subsection and - (A) if such broker or dealer shows a net profit on such contracts, he shall pay such net profit to the trustee; and (B) if such broker or dealer sustains a net loss on such contracts, he shall be entitled to file a claim against the debtor with the trustee in the amount of such net loss. To the extent that a net loss sustained by a broker or dealer arises from contracts pursuant to which such broker or dealer was acting for its own customer, such broker or dealer shall be entitled to receive funds advanced by SIPC to the trustee in the amount of such loss, except that such broker or dealer may not receive more than $40,000 for each separate customer with respect to whom it sustained a loss. With respect to a net loss which is not payable under the preceding sentence from funds advanced by SIPC, the broker or dealer shall be entitled to participate in the general estate as an unsecured creditor. (3) Registered clearing agencies Neither a registered clearing agency which by its rules has an established procedure for the closeout of open contracts between an insolvent broker or dealer and its participants, nor its participants to the extent such participants' claims are or may be processed within the registered clearing agency, shall be entitled to receive SIPC funds in payment of any losses on such contracts, except as SIPC may otherwise provide by rule. If such registered clearing agency or its participants sustain a net loss on the closeout of such contracts with the debtor, they shall have the right to participate in the general estate as unsecured creditors to the extent of such loss. Any funds or other property owed to the debtor, after the closeout of such contracts, shall be promptly paid to the trustee. Rules adopted by SIPC under this paragraph shall provide that in no case may a registered clearing agency or its participants, to the extent such participants' claims are or may be processed within the registered clearing agency, be entitled to receive funds advanced by SIPC in an amount greater, in the aggregate, than could be received by the participants if such participants proceeded individually under paragraph (1) and (2). (4) 'Customer' defined For purposes of this subsection, the term 'customer' does not include any person who - (A) is a broker or dealer; (B) had a claim for cash or securities which by contract, agreement, or understanding, or by operation of law, was part of the capital of the claiming broker or dealer or was subordinated to the claims of any or all creditors of such broker or dealer; or (C) had a relationship of the kind specified in section 78fff-3(a)(5) of this title with the debtor. A claiming broker or dealer shall be deemed to have been acting on behalf of its customer if it acted as agent for such customer or if it held such customer's order which was to be executed as a part of its contract with the debtor. (f) Transfer of customer accounts In order to facilitate the prompt satisfaction of customer claims and the orderly liquidation of the debtor, the trustee may, pursuant to terms satisfactory to him and subject to the prior approval of SIPC, sell or otherwise transfer to another member of SIPC, without consent of any customer, all or any part of the account of a customer of the debtor. In connection with any such sale or transfer to another member of SIPC and subject to the prior approval of SIPC, the trustee may - (1) waive or modify the need to file a written statement of claim pursuant to subsection (a)(2) of this section; and (2) enter into such agreements as the trustee considers appropriate under the circumstances to indemnify any such member of SIPC against shortages of cash or securities in the customer accounts sold or transferred. The funds of SIPC may be made available to guarantee or secure any indemnification under paragraph (2). The prior approval of SIPC to such indemnification shall be conditioned, among such other standards as SIPC may determine, upon a determination by SIPC that the probable cost of any such indemnification can reasonably be expected not to exceed the cost to SIPC of proceeding under section 78fff-3(a) of this title and section 78fff-3(b) of this title. -SOURCE- (Pub. L. 91-598, Sec. 8, as added Pub. L. 95-283, Sec. 9, May 21, 1978, 92 Stat. 261, and amended Pub. L. 95-598, title III, Sec. 308(l), (m), Nov. 6, 1978, 92 Stat. 2675.) -MISC1- AMENDMENTS 1978 - Subsecs. (a)(1), (c)(3). Pub. L. 95-598 substituted 'title 11' for 'the Bankruptcy Act'. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 78fff, 78fff-1, 78fff-3, 78fff-4, 78lll of this title. ------DocID 17736 Document 940 of 1400------ -CITE- 15 USC Sec. 79z-2 -EXPCITE- TITLE 15 CHAPTER 2C -HEAD- Sec. 79z-2. Representation of guaranty or recommendation by United States -STATUTE- It shall be unlawful for any person in issuing, selling, or offering for sale any security of a registered holding company or subsidiary company thereof, to represent or imply in any manner whatsoever that such security has been guaranteed, sponsored, or recommended for investment by the United States or any agency or officer thereof. -SOURCE- (Aug. 26, 1935, ch. 687, title I, Sec. 28, 49 Stat. 836.) ------DocID 17744 Document 941 of 1400------ -CITE- 15 USC Sec. 80a-2 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-2. Definitions -STATUTE- (a) When used in this subchapter, unless the context otherwise requires - (1) 'Advisory board' means a board, whether elected or appointed, which is distinct from the board of directors or board of trustees, of an investment company, and which is composed solely of persons who do not serve such company in any other capacity, whether or not the functions of such board are such as to render its members 'directors' within the definition of that term, which board has advisory functions as to investments but has no power to determine that any security or other investment shall be purchased or sold by such company. (2) 'Affiliated company' means a company which is an affiliated person. (3) 'Affiliated person' of another person means (A) any person directly or indirectly owning, controlling, or holding with power to vote, 5 per centum or more of the outstanding voting securities of such other person; (B) any person 5 per centum or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by such other person; (C) any person directly or indirectly controlling, controlled by, or under common control with, such other person; (D) any officer, director, partner, copartner, or employee of such other person; (E) if such other person is an investment company, any investment adviser thereof or any member of an advisory board thereof; and (F) if such other person is an unincorporated investment company not having a board of directors, the depositor thereof. (4) 'Assignment' includes any direct or indirect transfer or hypothecation of a contract or chose in action by the assignor, or of a controlling block of the assignor's outstanding voting securities by a security holder of the assignor; but does not include an assignment of partnership interests incidental to the death or withdrawal of a minority of the members of the partnership having only a minority interest in the partnership business or to the admission to the partnership of one or more members who, after such admission, shall be only a minority of the members and shall have only a minority interest in the business. (5) 'Bank' means (A) a banking institution organized under the laws of the United States, (B) a member bank of the Federal Reserve System, (C) any other banking institution or trust company, whether incorporated or not, doing business under the laws of any State or of the United States, a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to national banks under the authority of the Comptroller of the Currency, and which is supervised and examined by State or Federal authority having supervision over banks, and which is not operated for the purpose of evading the provisions of this subchapter, and (D) a receiver, conservator, or other liquidating agent of any institution or firm included in clauses (A), (B), or (C) of this paragraph. (6) 'Broker' means any person engaged in the business of effecting transactions in securities for the account of others, but does not include a bank or any person solely by reason of the fact that such person is an underwriter for one or more investment companies. (7) 'Commission' means the Securities and Exchange Commission. (8) 'Company' means a corporation, a partnership, an association, a joint-stock company, a trust, a fund, or any organized group of persons whether incorporated or not; or any receiver, trustee in a case under title 11 or similar official or any liquidating agent for any of the foregoing, in his capacity as such. (9) 'Control' means the power to exercise a controlling influence over the management or policies of a company, unless such power is solely the result of an official position with such company. Any person who owns beneficially, either directly or through one or more controlled companies, more than 25 per centum of the voting securities of a company shall be presumed to control such company. Any person who does not so own more than 25 per centum of the voting securities of any company shall be presumed not to control such company. A natural person shall be presumed not to be a controlled person within the meaning of this subchapter. Any such presumption may be rebutted by evidence, but except as hereinafter provided, shall continue until a determination to the contrary made by the Commission by order either on its own motion or on application by an interested person. If an application filed hereunder is not granted or denied by the Commission within sixty days after filing thereof, the determination sought by the application shall be deemed to have been temporarily granted pending final determination of the Commission thereon. The Commission, upon its own motion or upon application, may by order revoke or modify any order issued under this paragraph whenever it shall find that the determination embraced in such original order is no longer consistent with the facts. (10) 'Convicted' includes a verdict, judgment, or plea of guilty, or a finding of guilt on a plea of nolo contendere, if such verdict, judgment, plea, or finding has not been reversed, set aside, or withdrawn, whether or not sentence has been imposed. (11) 'Dealer' means any person regularly engaged in the business of buying and selling securities for his own account, through a broker or otherwise, but does not include a bank, insurance company, or investment company, or any person insofar as he is engaged in investing, reinvesting, or trading in securities, or in owning or holding securities, for his own account, either individually or in some fiduciary capacity, but not as a part of a regular business. (12) 'Director' means any director of a corporation or any person performing similar functions with respect to any organization, whether incorporated or unincorporated, including any natural person who is a member of a board of trustees of a management company created as a common-law trust. (13) 'Employees' securities company' means any investment company or similar issuer all of the outstanding securities of which (other than short-term paper) are beneficially owned (A) by the employees or persons on retainer of a single employer or of two or more employers each of which is an affiliated company of the other, (B) by former employees of such employer or employers, (C) by members of the immediate family of such employees, persons on retainer, or former employees, (D) by any two or more of the foregoing classes of persons, or (E) by such employer or employers together with any one or more of the foregoing classes of persons. (14) 'Exchange' means any organization, association, or group of persons, whether incorporated or unincorporated, which constitutes, maintains, or provides a market place or facilities for bringing together purchasers and sellers of securities or for otherwise performing with respect to securities the functions commonly performed by a stock exchange as that term is generally understood, and includes the market place and the market facilities maintained by such exchange. (15) 'Face-amount certificate' means any certificate, investment contract, or other security which represents an obligation on the part of its issuer to pay a stated or determinable sum or sums at a fixed or determinable date or dates more than twenty-four months after the date of issuance, in consideration of the payment of periodic installments of a stated or determinable amount (which security shall be known as a face-amount certificate of the 'installment type'); or any security which represents a similar obligation on the part of a face-amount certificate company, the consideration for which is the payment of a single lump sum (which security shall be known as a 'fully paid' face-amount certificate). (16) 'Government security' means any security issued or guaranteed as to principal or interest by the United States, or by a person controlled or supervised by and acting as an instrumentality of the Government of the United States pursuant to authority granted by the Congress of the United States; or any certificate of deposit for any of the foregoing. (17) 'Insurance company' means a company which is organized as an insurance company, whose primary and predominant business activity is the writing of insurance or the reinsuring of risks underwritten by insurance companies, and which is subject to supervision by the insurance commissioner or a similar official or agency of a State; or any receiver or similar official or any liquidating agent for such a company, in his capacity as such. (18) 'Interstate commerce' means trade, commerce, transportation, or communication among the several States, or between any foreign country and any State, or between any State and any place or ship outside thereof. (19) 'Interested person' of another person means - (A) when used with respect to an investment company - (i) any affiliated person of such company, (ii) any member of the immediate family of any natural person who is an affiliated person of such company, (iii) any interested person of any investment adviser of or principal underwriter for such company, (iv) any person or partner or employee of any person who at any time since the beginning of the last two completed fiscal years of such company has acted as legal counsel for such company, (v) any broker or dealer registered under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or any affiliated person of such a broker or dealer, and (vi) any natural person whom the Commission by order shall have determined to be an interested person by reason of having had, at any time since the beginning of the last two completed fiscal years of such company, a material business or professional relationship with such company or with the principal executive officer of such company or with any other investment company having the same investment adviser or principal underwriter or with the principal executive officer of such other investment company: Provided, That no person shall be deemed to be an interested person of an investment company solely by reason of (aa) his being a member of its board of directors or advisory board or an owner of its securities, or (bb) his membership in the immediate family of any person specified in clause (aa) of this proviso; and (B) when used with respect to an investment adviser of or principal underwriter for any investment company - (i) any affiliated person of such investment adviser or principal underwriter, (ii) any member of the immediate family of any natural person who is an affiliated person of such investment adviser or principal underwriter, (iii) any person who knowingly has any direct or indirect beneficial interest in, or who is designated as trustee, executor, or guardian of any legal interest in, any security issued either by such investment adviser of principal underwriter or by a controlling person or such investment adviser or principal underwriter, (iv) any person or partner or employee of any person who at any time since the beginning of the last two completed fiscal years of such investment company has acted as legal counsel for such investment adviser or principal underwriter, (v) any broker or dealer registered under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or any affiliated person of such a broker or dealer, and (vi) any natural person whom the Commission by order shall have determined to be an interested person by reason of having had at any time since the beginning of the last two completed fiscal years of such investment company a material business or professional relationship with such investment adviser or principal underwriter or with the principal executive officer or any controlling person of such investment adviser or principal underwriter. For the purposes of this paragraph (19), 'member of the immediate family' means any parent, spouse of a parent, child, spouse of a child, spouse, brother, or sister, and includes step and adoptive relationships. The Commission may modify or revoke any order issued under clause (vi) of subparagraph (A) or (B) of this paragraph whenever it finds that such order is no longer consistent with the facts. No order issued pursuant to clause (vi) of subparagraph (A) or (B) of this paragraph shall become effective until at least sixty days after the entry thereof, and no such order shall affect the status of any person for the purposes of this subchapter or for any other purpose for any period prior to the effective date of such order. (20) 'Investment adviser' of an investment company means (A) any person (other than a bona fide officer, director, trustee, member of an advisory board, or employee of such company, as such) who pursuant to contract with such company regularly furnishes advice to such company with respect to the desirability of investing in, purchasing or selling securities or other property, or is empowered to determine what securities or other property shall be purchased or sold by such company, and (B) any other person who pursuant to contract with a person described in clause (A) of this paragraph regularly performs substantially all of the duties undertaken by such person described in said clause (A); but does not include (i) a person whose advice is furnished solely through uniform publications distributed to subscribers thereto, (ii) a person who furnishes only statistical and other factual information, advice regarding economic factors and trends, or advice as to occasional transactions in specific securities, but without generally furnishing advice or making recommendations regarding the purchase or sale of securities, (iii) a company furnishing such services at cost to one or more investment companies, insurance companies, or other financial institutions, (iv) any person the character and amount of whose compensation for such services must be approved by a court, or (v) such other persons as the Commission may by rules and regulations or order determine not to be within the intent of this definition. (21) 'Investment banker' means any person engaged in the business of underwriting securities issued by other persons, but does not include an investment company, any person who acts as an underwriter in isolated transactions but not as a part of a regular business, or any person solely by reason of the fact that such person is an underwriter for one or more investment companies. (22) 'Issuer' means every person who issues or proposes to issue any security, or has outstanding any security which it has issued. (23) 'Lend' includes a purchase coupled with an agreement by the vendor to repurchase; 'borrow' includes a sale coupled with a similar agreement. (24) 'Majority-owned subsidiary' of a person means a company 50 per centum or more of the outstanding voting securities of which are owned by such person, or by a company which, within the meaning of this paragraph, is a majority-owned subsidiary of such person. (25) 'Means or instrumentality of interstate commerce' includes any facility of a national securities exchange. (26) 'National securities exchange' means an exchange registered under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f). (27) 'Periodic payment plan certificate' means (A) any certificate, investment contract, or other security providing for a series of periodic payments by the holder, and representing an undivided interest in certain specified securities or in a unit or fund of securities purchased wholly or partly with the proceeds of such payments, and (B) any security the issuer of which is also issuing securities of the character described in clause (A) of this paragraph and the holder of which has substantially the same rights and privileges as those which holders of securities of the character described in said clause (A) have upon completing the periodic payments for which such securities provide. (28) 'Person' means a natural person or a company. (29) 'Principal underwriter' of or for any investment company other than a closed-end company, or of any security issued by such a company, means any underwriter who as principal purchases from such company, or pursuant to contract has the right (whether absolute or conditional) from time to time to purchase from such company, any such security for distribution, or who as agent for such company sells or has the right to sell any such security to a dealer or to the public or both, but does not include a dealer who purchases from such company through a principal underwriter acting as agent for such company. 'Principal underwriter' of or for a closed-end company or any issuer which is not an investment company, or of any security issued by such a company or issuer, means any underwriter who, in connection with a primary distribution of securities, (A) is in privity of contract with the issuer or an affiliated person of the issuer; (B) acting alone or in concert with one or more other persons, initiates or directs the formation of an underwriting syndicate; or (C) is allowed a rate of gross commission, spread, or other profit greater than the rate allowed another underwriter participating in the distribution. (30) 'Promoter' of a company or a proposed company means a person who, acting alone or in concert with other persons, is initiating or directing, or has within one year initiated or directed, the organization of such company. (31) 'Prospectus', as used in section 80a-22 of this title, means a written prospectus intended to meet the requirements of section 10(a) of the Securities Act of 1933 (15 U.S.C. 77j(a)) and currently in use. As used elsewhere, 'prospectus' means a prospectus as defined in the Securities Act of 1933 (15 U.S.C. 77a et seq.). (32) 'Redeemable security' means any security, other than short-term paper, under the terms of which the holder, upon its presentation to the issuer or to a person designated by the issuer, is entitled (whether absolutely or only out of surplus) to receive approximately his proportionate share of the issuer's current net assets, or the cash equivalent thereof. (33) 'Reorganization' means (A) a reorganization under the supervision of a court of competent jurisdiction; (B) a merger or consolidation; (C) a sale of 75 per centum or more in value of the assets of a company; (D) a restatement of the capital of a company, or an exchange of securities issued by a company for any of its own outstanding securities; (E) a voluntary dissolution or liquidation of a company; (F) a recapitalization or other procedure or transaction which has for its purpose the alteration, modification, or elimination of any of the rights, preferences, or privileges of any class of securities issued by a company, as provided in its charter or other instrument creating or defining such rights, preferences, and privileges; (G) an exchange of securities issued by a company for outstanding securities issued by another company or companies, preliminary to and for the purpose of effecting or consummating any of the foregoing; or (H) any exchange of securities by a company which is not an investment company for securities issued by a registered investment company. (34) 'Sale', 'sell', 'offer to sell', or 'offer for sale' includes every contract of sale or disposition of, attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security, for value. Any security given or delivered with, or as a bonus on account of, any purchase of securities or any other thing, shall be conclusively presumed to constitute a part of the subject of such purchase and to have been sold for value. (35) 'Sales load' means the difference between the price of a security to the public and that portion of the proceeds from its sale which is received and invested or held for investment by the issuer (or in the case of a unit investment trust, by the depositor or trustee), less any portion of such difference deducted for trustee's or custodian's fees, insurance premiums, issue taxes, or administrative expenses or fees which are not properly chargeable to sales or promotional activities. In the case of a periodic payment plan certificate, 'sales load' includes the sales load on any investment company securities in which the payments made on such certificate are invested, as well as the sales load on the certificate itself. (36) 'Security' means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, any put, call, straddle, option, or privilege on any security (including a certificate of deposit) or on any group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or, in general, any interest or instrument commonly known as a 'security', or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. (37) 'Separate account' means an account established and maintained by an insurance company pursuant to the laws of any State or territory of the United States, or of Canada or any province thereof, under which income, gains and losses, whether or not realized, from assets allocated to such account, are, in accordance with the applicable contract, credited to or charged against such account without regard to other income, gains, or losses of the insurance company. (38) 'Short-term paper' means any note, draft, bill of exchange, or banker's acceptance payable on demand or having a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof payable on demand or having a maturity likewise limited; and such other classes of securities, of a commercial rather than an investment character, as the Commission may designate by rules and regulations. (39) 'State' means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any other possession of the United States. (40) 'Underwriter' means any person who has purchased from an issuer with a view to, or sells for an issuer in connection with, the distribution of any security, or participates or has a direct or indirect participation in any such undertaking, or participates or has a participation in the direct or indirect underwriting of any such undertaking; but such term shall not include a person whose interest is limited to a commission from an underwriter or dealer not in excess of the usual and customary distributor's or seller's commission. As used in this paragraph the term 'issuer' shall include, in addition to an issuer, any person directly or indirectly controlling or controlled by the issuer, or any person under direct or indirect common control with the issuer. When the distribution of the securities in respect of which any person is an underwriter is completed such person shall cease to be an underwriter in respect of such securities or the issuer thereof. (41) 'Value', with respect to assets of registered investment companies, except as provided in subsection (b) of section 80a-28 of this title, means - (A) as used in sections 80a-3, 80a-5, and 80a-12 of this title, (i) with respect to securities owned at the end of the last preceding fiscal quarter for which market quotations are readily available, the market value at the end of such quarter; (ii) with respect to other securities and assets owned at the end of the last preceding fiscal quarter, fair value at the end of such quarter, as determined in good faith by the board of directors; and (iii) with respect to securities and other assets acquired after the end of the last preceding fiscal quarter, the cost thereof; and (B) as used elsewhere in this subchapter, (i) with respect to securities for which market quotations are readily available, the market value of such securities; and (ii) with respect to other securities and assets, fair value as determined in good faith by the board of directors; in each case as of such time or times as determined pursuant to this subchapter, and the rules and regulations issued by the Commission hereunder. Notwithstanding the fact that market quotations for securities issued by controlled companies are available, the board of directors may in good faith determine the value of such securities: Provided, That the value so determined is not in excess of the higher of market value or asset value of such securities in the case of majority-owned subsidiaries, and is not in excess of market value in the case of other controlled companies. For purposes of the valuation of those assets of a registered diversified company which are not subject to the limitations provided for in section 80a-5(b)(1) of this title, the Commission may, by rules and regulations or orders, permit any security to be carried at cost, if it shall determine that such procedure is consistent with the general intent and purposes of this subchapter. For purposes of sections 80a-5 and 80a-12 of this title in lieu of values determined as provided in clause (A) above, the Commission shall by rules and regulations permit valuation of securities at cost or other basis in cases where it may be more convenient for such company to make its computations on such basis by reason of the necessity or desirability of complying with the provisions of any United States revenue laws or rules and regulations issued thereunder, or the laws or the rules and regulations issued thereunder of any State in which the securities of such company may be qualified for sale. The foregoing definition shall not derogate from the authority of the Commission with respect to the reports, information, and documents to be filed with the Commission by any registered company, or with respect to the accounting policies and principles to be followed by any such company, as provided in sections 80a-8, 80a-29, and 80a-30 of this title. (42) 'Voting security' means any security presently entitling the owner or holder thereof to vote for the election of directors of a company. A specified percentage of the outstanding voting securities of a company means such amount of its outstanding voting securities as entitles the holder or holders thereof to cast said specified percentage of the aggregate votes which the holders of all the outstanding voting securities of such company are entitled to cast. The vote of a majority of the outstanding voting securities of a company means the vote, at the annual or a special meeting of the security holders of such company duly called, (A) of 67 per centum or more of the voting securities present at such meeting, if the holders of more than 50 per centum of the outstanding voting securities of such company are present or represented by proxy; or (B) of more than 50 per centum of the outstanding voting securities of such company, whichever is the less. (43) 'Wholly-owned subsidiary' of a person means a company 95 per centum or more of the outstanding voting securities of which are owned by such person, or by a company which, within the meaning of this paragraph, is a wholly-owned subsidiary of such person. (44) 'Securities Act of 1933' (15 U.S.C. 77a et seq.), 'Securities Exchange Act of 1934' (15 U.S.C. 78a et seq.), 'Public Utility Holding Company Act of 1935' (15 U.S.C. 79 et seq.), and 'Trust Indenture Act of 1939' (15 U.S.C. 77aaa et seq.) mean those acts, respectively, as heretofore or hereafter amended. (45) 'Savings and loan association' means a savings and loan association, building and loan association, cooperative bank, homestead association, or similar institution, which is supervised and examined by State or Federal authority having supervision over any such institution, and a receiver, conservator, or other liquidating agent of any such institution. (46) 'Eligible portfolio company' means any issuer which - (A) is organized under the laws of, and has its principal place of business in, any State or States; (B) is neither an investment company as defined in section 80a-3 of this title (other than a small business investment company which is licensed by the Small Business Administration to operate under the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) and which is a wholly-owned subsidiary of the business development company) nor a company which would be an investment company except for the exclusion from the definition of investment company in section 80a-3(c) of this title; and (C) satisfies one of the following: (i) it does not have any class of securities with respect to which a member of a national securities exchange, broker, or dealer may extend or maintain credit to or for a customer pursuant to rules or regulations adopted by the Board of Governors of the Federal Reserve System under section 7 of the Securities Exchange Act of 1934 (15 U.S.C. 78g); (ii) it is controlled by a business development company, either alone or as part of a group acting together, and such business development company in fact exercises a controlling influence over the management or policies of such eligible portfolio company and, as a result of such control, has an affiliated person who is a director of such eligible portfolio company; or (iii) it meets such other criteria as the Commission may, by rule, establish as consistent with the public interest, the protection of investors, and the purposes fairly intended by the policy and provisions of this subchapter. (47) 'Making available significant managerial assistance' by a business development company means - (A) any arrangement whereby a business development company, through its directors, officers, employees, or general partners, offers to provide, and, if accepted, does so provide, significant guidance and counsel concerning the management, operations, or business objectives and policies of a portfolio company; (B) the exercise by a business development company of a controlling influence over the management or policies of a portfolio company by the business development company acting individually or as part of a group acting together which controls such portfolio company; or (C) with respect to a small business investment company licensed by the Small Business Administration to operate under the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.), the making of loans to a portfolio company. For purposes of subparagraph (A), the requirement that a business development company make available significant managerial assistance shall be deemed to be satisfied with respect to any particular portfolio company where the business development company purchases securities of such portfolio company in conjunction with one or more other persons acting together, and at least one of the persons in the group makes available significant managerial assistance to such portfolio company, except that such requirement will not be deemed to be satisfied if the business development company, in all cases, makes available significant managerial assistance solely in the manner described in this sentence. (48) 'Business development company' means any closed-end company which - (A) is organized under the laws of, and has its principal place of business in, any State or States; (B) is operated for the purpose of making investments in securities described in paragraphs (1) through (3) of section 80a-54(a) of this title, and makes available significant managerial assistance with respect to the issuers of such securities, provided that a business development company must make available significant managerial assistance only with respect to the companies which are treated by such business development company as satisfying the 70 per centum of the value of its total assets condition of section 80a-54 of this title; and (C) has elected pursuant to section 80a-53(a) of this title to be subject to the provisions of sections 80a-54 through 80a-64 of this title. (49) 'Foreign securities authority' means any foreign government or any governmental body or regulatory organization empowered by a foreign government to administer or enforce its laws as they relate to securities matters. (50) 'Foreign financial regulatory authority' means any (A) foreign securities authority, (B) other governmental body or foreign equivalent of a self-regulatory organization empowered by a foreign government to administer or enforce its laws relating to the regulation of fiduciaries, trusts, commercial lending, insurance, trading in contracts of sale of a commodity for future delivery, or other instruments traded on or subject to the rules of a contract market, board of trade or foreign equivalent, or other financial activities, or (C) membership organization a function of which is to regulate the participation of its members in activities listed above. (b) No provision in this subchapter shall apply to, or be deemed to include, the United States, a State, or any political subdivision of a State, or any agency, authority, or instrumentality of any one or more of the foregoing, or any corporation which is wholly owned directly or indirectly by any one or more of the foregoing, or any officer, agent, or employee of any of the foregoing acting as such in the course of his official duty, unless such provision makes specific reference thereto. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 2, 54 Stat. 790; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Aug. 10, 1954, ch. 667, title IV, Sec. 401, 68 Stat. 688; June 25, 1959, Pub. L. 86-70, Sec. 12(d), 73 Stat. 143; July 12, 1960, Pub. L. 86-624, Sec. 7(c), 74 Stat. 412; Dec. 14, 1970, Pub. L. 91-547, Sec. 2(a), 84 Stat. 1413; Nov. 6, 1978, Pub. L. 95-598, title III, Sec. 310(a), 92 Stat. 2676; Oct. 21, 1980, Pub. L. 96-477, title I, Sec. 101, 94 Stat. 2275; Oct. 13, 1982, Pub. L. 97-303, Sec. 5, 96 Stat. 1409; Dec. 4, 1987, Pub. L. 100-181, title VI, Sec. 601-603, 101 Stat. 1260; Nov. 15, 1990, Pub. L. 101-550, title II, Sec. 206(a), 104 Stat. 2720.) -REFTEXT- REFERENCES IN TEXT The Securities Exchange Act of 1934, referred to in subsec. (a)(19), (44), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified generally to 2B (Sec. 78a et seq.) of this title. For complete classification of this Act to the Code, see section 78a of this title and Tables. The Securities Act of 1933, referred to in subsec. (a)(31), (44), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is classified generally to subchapter I (Sec. 77a et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77a of this title and Tables. The Public Utility Holding Company Act of 1935, referred to in subsec. (a)(44), is act Aug. 26, 1935, ch. 687, title I, 49 Stat. 838, as amended, which is classified generally to chapter 2C (Sec. 79 et seq.) of this title. For complete classification of this Act to the Code, see section 79 of this title and Tables. The Trust Indenture Act of 1939, referred to in subsec. (a)(44), is title III of act May 27, 1933, ch. 38, as added Aug. 3, 1939, ch. 411, 53 Stat. 1149, as amended, which is classified generally to subchapter III (Sec. 77aaa et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77aaa of this title and Tables. The Small Business Investment Act of 1958, referred to in subsec. (a)(46)(B), (47)(C), is Pub. L. 85-699, Aug. 21, 1958, 72 Stat. 689, as amended, which is classified principally to chapter 14B (Sec. 661 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables. -COD- CODIFICATION Words 'Philippine Islands' deleted from definition of term 'State' under authority of Proc. No. 2695, which granted independence to the Philippine Islands. Proc. No. 2695 was issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, and is set out as a note under that section. -MISC3- AMENDMENTS 1990 - Subsec. (a)(49), (50). Pub. L. 101-550 added pars. (49) and (50). 1987 - Subsec. (a)(19). Pub. L. 100-181, Sec. 601, inserted 'completed' before 'fiscal years' wherever appearing in subpars. (A)(iv), (vi) and (B)(iv), (vi). Subsec. (a)(39). Pub. L. 100-181, Sec. 602, struck out reference to Canal Zone. Subsec. (a)(48)(B). Pub. L. 100-181, Sec. 603, substituted 'paragraphs (1) through (3) of section 80a-54(a) of this title' for 'sections 80a-54(a)(1) through (3) of this title'. 1982 - Subsec. (a)(36). Pub. L. 97-303 inserted 'any put, call, straddle, option, or privilege on any security (including a certificate of deposit) or on any group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency,' after 'mineral rights,'. 1980 - Subsec. (a)(46) to (48). Pub. L. 96-477 added pars. (46) to (48). 1978 - Subsec. (a)(8). Pub. L. 95-598 substituted 'a case under title 11' for 'bankruptcy'. 1970 - Subsec. (a)(5). Pub. L. 91-547, Sec. 2(a)(1), substituted 'under the authority of the Comptroller of the Currency' for 'under section 248(k) of title 12,'. Subsec. (a)(19). Pub. L. 91-547, Sec. 2(a)(3), added par. (19). Former par. (19) redesignated (20). Subsecs. (a)(20) to (36). Pub. L. 91-547, Sec. 2(a)(2), redesignated former pars. (19) to (35) as (20) to (36), respectively. Subsec. (a)(37). Pub. L. 91-547, Sec. 2(a)(4), added par. (37). Former par. (37) redesignated (39). Subsecs. (a)(38) to (44). Pub. L. 91-547, Sec. 2(a)(2), redesignated former pars. (36) to (42) as (38) to (44). Subsec. (a)(45). Pub. L. 91-547, Sec. 2(a)(5), added par. (45). 1960 - Subsec. (a)(37). Pub. L. 86-624 struck out reference to Hawaii. 1959 - Subsec. (a)(37). Pub. L. 86-70 struck out reference to Alaska. 1954 - Subsec. (a)(30). Act Aug. 10, 1954, substituted 'section 10(a) of the Securities Act of 1933' for 'section 5(b) of the Securities Act of 1933'. 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. 91-547 effective Dec. 14, 1970, see section 30 of Pub. L. 91-547, set out as a note under section 80a-52 of this title. EFFECTIVE DATE OF 1954 AMENDMENT Amendment by act Aug. 10, 1954, effective 60 days after Aug. 10, 1954, see note set out under section 77b of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Applicability to United States, States, or their governmental agencies of - Investment Advisers Act of 1940, see section 80b-2 of this title. Public Utility Holding Company Act of 1935, see section 79b of this title. Securities Exchange Act of 1934, see section 78c of this title. Changes in investment policy, provisions applicable to vote cast at meeting, see section 80a-13 of this title. Common-law trusts, applicability of provisions as to majority of voting securities, see section 80a-15 of this title. Definition of terms - Affiliate of specified person, company, director, person, sale, sell, security, and voting security under Public Utility Holding Company Act of 1935, see section 79b of this title. Affiliated person, assignment, bank, broker, company, control, convicted, dealer, director, exchange, insurance company, investment adviser, national securities exchange, person, securities, and underwriter under Investment Advisers Act of 1940, see section 80b-2 of this title. Bank, broker, dealer, director, exchange, issuer, person, sale, sell, and security, see section 78c of this title. Control not applicable to holding company affiliate, see section 80a-3 of this title. Dealer, issuer, person, prospectus, sale, sell, security, and underwriter, see section 77b of this title. Director, prospectus, sale, sell, underwriter, and voting security under Trust Indenture Act of 1939, see section 77ccc of this title. Majority provisions applicable to vote cast at shareholder's meeting of common-law trust, see section 80a-31 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 77b, 80a-6, 80a-13, 80a-15, 80a-31, 80a-53, 80a-54, 80a-56, 80a-58, 80b-2 of this title; title 12 sections 371c, 1467a, 1843; title 26 sections 72, 368, 401, 851, 1246. ------DocID 17809 Document 942 of 1400------ -CITE- 15 USC Sec. 80b-2 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER II -HEAD- Sec. 80b-2. Definitions -STATUTE- (a) When used in this subchapter, unless the context otherwise requires - (1) 'Assignment' includes any direct or indirect transfer or hypothecation of an investment advisory contract by the assignor or of a controlling block of the assignor's outstanding voting securities by a security holder of the assignor; but if the investment adviser is a partnership, no assignment of an investment advisory contract shall be deemed to result from the death or withdrawal of a minority of the members of the investment adviser having only a minority interest in the business of the investment adviser, or from the admission to the investment adviser of one or more members who, after such admission, shall be only a minority of the members and shall have only a minority interest in the business. (2) 'Bank' means (A) a banking institution organized under the laws of the United States, (B) a member bank of the Federal Reserve System, (C) any other banking institution or trust company, whether incorporated or not, doing business under the laws of any State or of the United States, a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to national banks under the authority of the Comptroller of the Currency, and which is supervised and examined by State or Federal authority having supervision over banks, and which is not operated for the purpose of evading the provisions of this subchapter, and (D) a receiver, conservator, or other liquidating agent of any institution or firm included in clauses (A), (B), or (C) of this paragraph. (3) 'Broker' means any person engaged in the business of effecting transactions in securities for the account of others, but does not include a bank. (4) 'Commission' means the Securities and Exchange Commission. (5) 'Company' means a corporation, a partnership, an association, a joint-stock company, a trust, or any organized group of persons, whether incorporated or not; or any receiver, trustee in a case under title 11, or similar official, or any liquidating agent for any of the foregoing, in his capacity as such. (6) 'Convicted' includes a verdict, judgment, or plea of guilty, or a finding of guilt on a plea of nolo contendere, if such verdict, judgment, plea, or finding has not been reversed, set aside, or withdrawn, whether or not sentence has been imposed. (7) 'Dealer' means any person regularly engaged in the business of buying and selling securities for his own account, through a broker or otherwise, but does not include a bank, insurance company, or investment company, or any person insofar as he is engaged in investing, reinvesting or trading in securities, or in owning or holding securities, for his own account, either individually or in some fiduciary capacity, but not as a part of a regular business. (8) 'Director' means any director of a corporation or any person performing similar functions with respect to any organization, whether incorporated or unincorporated. (9) 'Exchange' means any organization, association, or group of persons, whether incorporated or unincorporated, which constitutes, maintains, or provides a market place or facilities for bringing together purchasers and sellers of securities or for otherwise performing with respect to securities the functions commonly performed by a stock exchange as that term is generally understood, and includes the market place and the market facilities maintained by such exchange. (10) 'Interstate commerce' means trade, commerce, transportation, or communication among the several States, or between any foreign country and any State, or between any State and any place or ship outside thereof. (11) 'Investment adviser' means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities; but does not include (A) a bank, or any bank holding company as defined in the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) which is not an investment company; (B) any lawyer, accountant, engineer, or teacher whose performance of such services is solely incidental to the practice of his profession; (C) any broker or dealer whose performance of such services is solely incidental to the conduct of his business as a broker or dealer and who receives no special compensation therefor; (D) the publisher of any bona fide newspaper, news magazine or business or financial publication of general and regular circulation; (E) any person whose advice, analyses or reports relate to no securities other than securities which are direct obligations of or obligations guaranteed as to principal or interest by the United States, or securities issued or guaranteed by corporations in which the United States has a direct or indirect interest which shall have been designated by the Secretary of the Treasury, pursuant to section 3(a)(12) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(12)), as exempted securities for the purposes of that Act (15 U.S.C. 78a et seq.); or (F) such other persons not within the intent of this paragraph, as the Commission may designate by rules and regulations or order. (12) 'Investment company', affiliated person, and 'insurance company' have the same meanings as in the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.). 'Control' means the power to exercise a controlling influence over the management or policies of a company, unless such power is solely the result of an official position with such company. (13) 'Investment supervisory services' means the giving of continuous advice as to the investment of funds on the basis of the individual needs of each client. (14) 'Means or instrumentality of interstate commerce' includes any facility of a national securities exchange. (15) 'National securities exchange' means an exchange registered under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f). (16) 'Person' means a natural person or a company. (17) The term 'person associated with an investment adviser' means any partner, officer, or director of such investment adviser (or any person performing similar functions), or any person directly or indirectly controlling or controlled by such investment adviser, including any employee of such investment adviser, except that for the purposes of section 80b-3 of this title (other than subsection (f) thereof), persons associated with an investment adviser whose functions are clerical or ministerial shall not be included in the meaning of such term. The Commission may by rules and regulations classify, for the purposes of any portion of portions of this subchapter, persons, including employees controlled by an investment adviser. (18) 'Security' means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, any put, call, straddle, option, or privilege on any security (including a certificate of deposit) or on any group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or, in general, any interest or instrument commonly known as a 'security', or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guaranty of, or warrant or right to subscribe to or purchase any of the foregoing. (19) 'State' means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any other possession of the United States. (20) 'Underwriter' means any person who has purchased from an issuer with a view to, or sells for an issuer in connection with, the distribution of any security, or participates or has a direct or indirect participation in any such undertaking, or participates or has a participation in the direct or indirect underwriting of any such undertaking; but such term shall not include a person whose interest is limited to a commission from an underwriter or dealer not in excess of the usual and customary distributor's or seller's commission. As used in this paragraph the term 'issuer' shall include in addition to an issuer, any person directly or indirectly controlling or controlled by the issuer, or any person under direct or indirect common control with the issuer. (21) 'Securities Act of 1933' (15 U.S.C. 77a et seq.), 'Securities Exchange Act of 1934' (15 U.S.C. 78a et seq.), 'Public Utility Holding Company Act of 1935' (15 U.S.C. 79 et seq.), and 'Trust Indenture Act of 1939' (15 U.S.C. 77aaa et seq.), mean those Acts, respectively, as heretofore or hereafter amended. (22) 'Business development company' means any company which is a business development company as defined in section 80a-2(a)(48) of this title and which complies with section 80a-54 of this title, except that - (A) the 70 per centum of the value of the total assets condition referred to in sections 80a-2(a)(48) and 80a-54 of this title shall be 60 per centum for purposes of determining compliance therewith; (B) such company need not be a closed-end company and need not elect to be subject to the provisions of sections 80a-54 through 80a-64 of this title; and (C) the securities which may be purchased pursuant to section 80a-54(a) of this title may be purchased from any person. For purposes of this paragraph, all terms in sections 80a-2(a)(48) and 80a-54 of this title shall have the same meaning set forth in subchapter I of this chapter as if such company were a registered closed-end investment company, except that the value of the assets of a business development company which is not subject to the provisions of sections 80a-54 through 80a-64 of this title shall be determined as of the date of the most recent financial statements which it furnished to all holders of its securities, and shall be determined no less frequently than annually. (23) 'Foreign securities authority' means any foreign government, or any governmental body or regulatory organization empowered by a foreign government to administer or enforce its laws as they relate to securities matters. (24) 'Foreign financial regulatory authority' means any (A) foreign securities authority, (B) other governmental body or foreign equivalent of a self-regulatory organization empowered by a foreign government to administer or enforce its laws relating to the regulation of fiduciaries, trusts, commercial lending, insurance, trading in contracts of sale of a commodity for future delivery, or other instruments traded on or subject to the rules of a contract market, board of trade or foreign equivalent, or other financial activities, or (C) membership organization a function of which is to regulate the participation of its members in activities listed above. (b) No provision in this subchapter shall apply to, or be deemed to include, the United States, a State, or any political subdivision of a State, or any agency, authority, or instrumentality of any one or more of the foregoing, or any corporation which is wholly owned directly or indirectly by any one or more of the foregoing, or any officer, agent, or employee of any of the foregoing acting as such in the course of his official duty, unless such provision makes specific reference thereto. -SOURCE- (Aug. 22, 1940, ch. 686, title II, Sec. 202, 54 Stat. 847; June 25, 1959, Pub. L. 86-70, Sec. 12(c), 73 Stat. 143; July 12, 1960, Pub. L. 86-624, Sec. 7(d), 74 Stat. 412; Sept. 13, 1960, Pub. L. 86-750, Sec. 1, 74 Stat. 885; July 1, 1966, Pub. L. 89-485, Sec. 13(j), 80 Stat. 243; Dec. 14, 1970, Pub. L. 91-547, Sec. 23, 84 Stat. 1430; Nov. 6, 1978, Pub. L. 95-598, title III, Sec. 311, 92 Stat. 2676; Oct. 21, 1980, Pub. L. 96-477, title II, Sec. 201, 94 Stat. 2289; Oct. 13, 1982, Pub. L. 97-303, Sec. 6, 96 Stat. 1410; Dec. 4, 1987, Pub. L. 100-181, title VII, Sec. 701, 101 Stat. 1263; Nov. 15, 1990, Pub. L. 101-550, title II, Sec. 206(b), 104 Stat. 2720.) -REFTEXT- REFERENCES IN TEXT The Bank Holding Company Act of 1956, referred to in subsec. (a)(11)(A), is act May 9, 1956, ch. 240, 70 Stat. 133, as amended, which is classified principally to chapter 17 (Sec. 1841 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 1841 of Title 12 and Tables. The Investment Company Act of 1940, referred to in subsec. (a)(12), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as amended, which is classified generally to subchapter I (Sec. 80a-1 et seq.) of this chapter. For complete classification of this Act to the Code, see section 80a-51 of this title and Tables. The Securities Act of 1933, referred to in subsec. (a)(21), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is classified generally to subchapter I (Sec. 77a et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77a of this title and Tables. The Securities Exchange Act of 1934, referred to in subsec. (a)(21), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified generally to 2B (Sec. 78a et seq.) of this title. For complete classification of this Act to the Code, see section 78a of this title and Tables. The Public Utility Holding Company Act of 1935, referred to in subsec. (a)(21), is act Aug. 26, 1935, ch. 687, title I, 49 Stat. 838, as amended, which is classified generally to chapter 2C (Sec. 79 et seq.) of this title. For complete classification of this Act to the Code, see section 79 of this title and Tables. The Trust Indenture Act of 1939, referred to in subsec. (a)(21), is title III of act May 27, 1933, ch. 38, as added Aug. 3, 1939, ch. 411, 53 Stat. 1149, and amended, which is classified generally to subchapter III (Sec. 77aaa et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77aaa of this title and Tables. -MISC2- AMENDMENTS 1990 - Subsec. (a)(23), (24). Pub. L. 101-550 added pars. (23) and (24). 1987 - Subsec. (a)(19). Pub. L. 100-181 struck out reference to Canal Zone. 1982 - Subsec. (a)(18). Pub. L. 97-303 inserted 'any put, call, straddle, option, or privilege on any security (including a certificate of deposit) or on any group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency,' after 'mineral rights,'. 1980 - Subsec. (a)(22). Pub. L. 96-477 added par. (22). 1978 - Subsec. (a)(5). Pub. L. 95-598 substituted 'a case under title 11' for 'bankruptcy'. 1970 - Subsec. (a)(2). Pub. L. 91-547, Sec. 23(1), substituted 'under the authority of the Comptroller of the Currency' for 'under section 248(k) of Title 12'. Subsec. (a)(17) to (21). Pub. L. 91-547, Sec. 23(2), added par. (17) and redesignated former pars. (17) to (20) as (18) to (21), respectively. 1966 - Subsec. (a)(11)(A). Pub. L. 89-485 substituted 'bank holding company as defined in the Bank Holding Company Act of 1956' for 'holding company affiliate, as defined in the Banking Act of 1933'. 1960 - Subsec. (a)(12). Pub. L. 86-750, Sec. 1(a), substituted definition of 'control' as 'the power to exercise a controlling influence over the management or policies of a company, unless such power is solely the result of an official position with such company' for its prior definition which was the same as in the Investment Company Act of 1940. Subsec. (a)(18). Pub. L. 86-750, Sec. 1(b), struck out reference to Philippine Islands, which change was previously executed in the codification of this section pursuant to Proc. No. 2695 that granted independence to the Philippine Islands. Pub. L. 86-624 struck out reference to Hawaii. 1959 - Subsec. (a)(18). Pub. L. 86-70 struck out reference to Alaska. 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. 91-547 effective Dec. 14, 1970, see section 30 of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Applicability to United States, or their governmental agencies of - Investment Company Act of 1940, see section 80a-2 of this title. Public Utility Holding Company Act of 1935, see section 79b of this title. Securities Exchange Act of 1934, see section 78c of this title. Definition of terms - Assignment, bank, broker, company, convicted, dealer, director, exchange, investment adviser, national securities exchange, person, security, and underwriter under Investment Company Act of 1940, see section 80a-2 of this title. Bank, broker, dealer, director, exchange, person, security, and underwriter under Securities Exchange Act of 1934, see section 78c of this title. Company, director, person, and security under Public Utility Holding Company Act of 1935, see section 79b of this title. Dealer, person, security, and underwriter under Securities Act of 1933, see section 77b of this title. Director and underwriter under Trust Indenture Act of 1939, see section 77ccc of this title. Investment advisory contract, see section 80b-5 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 8438. ------DocID 17835 Document 943 of 1400------ -CITE- 15 USC Sec. 80c-2 -EXPCITE- TITLE 15 CHAPTER 2E -HEAD- Sec. 80c-2. Authorization of appropriations -STATUTE- For fiscal year 1982, and for each of the three succeeding fiscal years, there are hereby authorized to be appropriated such amounts as may be necessary and appropriate to carry out the provisions and purposes of this chapter. Any sums so appropriated shall remain available until expended. -SOURCE- (Pub. L. 96-477, title V, Sec. 504, Oct. 21, 1980, 94 Stat. 2292.) ------DocID 17971 Document 944 of 1400------ -CITE- 15 USC Sec. 278g-2 -EXPCITE- TITLE 15 CHAPTER 7 -HEAD- Sec. 278g-2. Post-doctoral fellowship program -STATUTE- The Institute, in conjunction with the National Academy of Sciences, shall establish and conduct a post-doctoral fellowship program which shall be organized and carried out in substantially the same manner as the National Academy of Sciences/National Research Council Post-Doctoral Research Associate Program that was in effect prior to 1986, and which shall include not less than twenty nor more than forty new fellows per fiscal year. -SOURCE- (Mar. 3, 1901, ch. 872, Sec. 19, as added Oct. 28, 1986, Pub. L. 99-574, Sec. 8(a), 100 Stat. 3238, and amended Aug. 23, 1988, Pub. L. 100-418, title V, Sec. 5115(a)(1), 102 Stat. 1433.) -MISC1- PRIOR PROVISIONS A prior section 19 of act Mar. 3, 1901, ch. 872, was renumbered section 22 of act Mar. 3, 1901, ch. 872, and is classified to section 278h of this title. AMENDMENTS 1988 - Pub. L. 100-418 substituted 'Institute' for 'National Bureau of Standards'. EFFECTIVE DATE Section 8(b) of Pub. L. 99-574 provided that: 'The amendments made by subsection (a) (enacting this section) shall be effective October 1, 1987. ------DocID 18156 Document 945 of 1400------ -CITE- 15 USC Sec. 694-2 -EXPCITE- TITLE 15 CHAPTER 14B SUBCHAPTER IV-A Part A -HEAD- Sec. 694-2. Revolving fund for qualified contract guarantees; investment of idle funds -STATUTE- There is created within the Treasury a separate fund for guarantees which shall be available to the Administrator without fiscal year limitations as a revolving fund for the purpose of section 694-1 of this title. All amounts received by the Administrator, including any moneys, property, or assets derived by him from his operations in connection with section 694-1 of this title shall be deposited in the fund. All expenses and payments, excluding administrative expenses, pursuant to operations of the Administrator under section 694-1 of this title shall be paid from the fund. Moneys in the fund not needed for the payment of current operating expenses or for the payment of claims arising under this part may be invested in bonds or other obligations of, or bonds or other obligations guaranteed as to principal and interest by, the United States; except that moneys provided as capital for the fund shall not be so invested. -SOURCE- (Pub. L. 85-699, title IV, Sec. 405, as added Pub. L. 94-305, title I, Sec. 102, June 4, 1976, 90 Stat. 665, and amended Pub. L. 95-89, title I, Sec. 104, Aug. 4, 1977, 91 Stat. 556; Pub. L. 96-302, title I, Sec. 112, July 2, 1980, 94 Stat. 837.) -MISC1- AMENDMENTS 1980 - Pub. L. 96-302 inserted investment of idle funds provision. 1977 - Pub. L. 95-89 prohibited payment of administrative expenses from the fund and deleted provisions which authorized: a $15,000,000 appropriation of capital for the fund; payment during the fiscal year into the Treasury as miscellaneous receipts, from the fund, of interest on the cumulative amount of appropriations available as capital to the fund less the average undisbursed cash balance in the fund during the year; and investment of noncapital moneys, when not needed for payment of current operating expenses or claims arising under section 694-2 of this title, in Federal bonds or obligations or bonds or obligations guaranteed by the United States as to principal and interest. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-302 effective Oct. 1, 1980, see section 507 of Pub. L. 96-302, set out as a note under section 631 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-89 effective Oct. 1, 1977, see section 106 of Pub. L. 95-89, set out as a note under section 633 of this title. ------DocID 18176 Document 946 of 1400------ -CITE- 15 USC Sec. 713a-1, 713a-2 -EXPCITE- TITLE 15 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 713a-1, 713a-2. Repealed. Pub. L. 87-155, Sec. 1, Aug. 17, 1961, 75 Stat. 391 -MISC1- Section 713a-1, acts Mar. 8, 1938, ch. 44, Sec. 1, 52 Stat. 107; July 1, 1941, ch. 270, Sec. 2, 55 Stat. 498; Apr. 12, 1945, ch. 54, Sec. 4, 59 Stat. 51; Mar. 20, 1954, ch. 102, Sec. 1(b), 68 Stat. 30, related to annual appraisal of assets of Commodity Credit Corporation, and to restoration of any capital impairment. See section 713a-11 of this title for provisions authorizing appropriations to reimburse the Commodity Credit Corporation for its net realized yearly losses. Section 713a-2, act Mar. 8, 1938, ch. 44, Sec. 2, 52 Stat. 107, related to deposit in Treasury of any capital excess of Commodity Credit Corporation. See section 713a-12 of this title for provisions requiring any net realized gain for the year by the Commodity Credit Corporation to be deposited in the Treasury. ------DocID 18193 Document 947 of 1400------ -CITE- 15 USC Sec. 713c-2 -EXPCITE- TITLE 15 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 713c-2. Purchase and distribution of surplus fishery products -STATUTE- Any part of the funds not to exceed $1,500,000 per year, created under and to carry out the provisions of section 612c of title 7, may also be used by the Secretary of Agriculture for the purpose of diverting surplus fishery products (including fish, shellfish, mollusks, and crustacea) from the normal channels of trade and commerce by acquiring them and providing for their distribution through Federal, State, and private relief channels: Provided, That none of the funds made available to the Secretary of Agriculture under this section and section 713c-3 of this title shall be used to purchase any of the commodities designated in this section and section 713c-3 of this title which may have been produced in any foreign country. The provisions of law relating to the acquisition of materials or supplies for the United States shall not apply to the acquisition of commodities under this section and section 713c-3 of this title. -SOURCE- (Aug. 11, 1939, ch. 696, Sec. 1, 53 Stat. 1411; 1940 Reorg. Plan No. III, Sec. 5, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3, Sec. 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100.) -COD- CODIFICATION The first part of this section originally read: 'Any part of the funds not to exceed $1,500,000 per year, transferred by the Secretary of Agriculture to the Federal Surplus Commodities Corporation created under and to carry out the provisions of section 612c of title 7 may also be used by such Corporation', etc., and the reference in the proviso to the Secretary of Agriculture originally read: 'Federal Surplus Commodities Corporation'. See Transfer of Functions note below. -TRANS- TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees. For transfer of functions of Federal Surplus Commodities Corporation, see Transfer of Functions note set out under section 712a of this title. -MISC5- SIMILAR PROVISIONS Earlier provisions on this subject were contained in act Mar. 5, 1937, ch. 29, 50 Stat. 27, and in Joint Res. Apr. 12, 1937, ch. 73, 50 Stat. 61. The former forbade acquisition of commodities thereunder after 90 days after its enactment, but permitted distribution of commodities after such period. The latter made funds available to be used in accordance with the provisions of the former. Joint Res. Apr. 12, 1937, ch. 73, 50 Stat. 61, provided as follows: 'That not to exceed $1,000,000 of the funds available to the Federal Surplus Commodities Corporation may be used by such Corporation for the purpose of diverting surplus fish (including shellfish) and the products thereof from the normal channels of trade and commerce by the acquisition and distribution thereof in accordance with the provisions of the Act entitled 'An Act to authorize the purchase and distribution of products of the fishing industry', approved March 5, 1937.' Act Mar. 5, 1937, ch. 29, 50 Stat. 27, provided as follows: 'That there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $2,000,000 for the purpose of enabling the Federal Surplus Commodities Corporation to divert surplus fish (including shellfish) and the products thereof from the normal channels of trade and commerce by acquiring them and providing for their distribution through Federal, State, and private relief agencies. No commodities shall be acquired under this Act after ninety days after the date of its enactment: Provided, however, That distribution thereof may extend beyond said period. The provisions of law relating to the acquisition of materials or supplies for the United States shall not apply to the acquisition of commodities under this Act.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 713c-3 of this title. ------DocID 19533 Document 948 of 1400------ -CITE- 16 USC Sec. 1a-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 1a-2. Secretary of the Interior's authorization of activities -STATUTE- In order to facilitate the administration of the national park system, the Secretary of the Interior is authorized, under such terms and conditions as he may deem advisable, to carry out the following activities: (a) Transportation Provide transportation of employees located at isolated areas of the national park system and to members of their families, where (1) such areas are not adequately served by commercial transportation, and (2) such transportation is incidental to official transportation services; (b) Recreation Provide recreation facilities, equipment, and services for use by employees and their families located at isolated areas of the national park system; (c) Advisory committees; compensation and travel expenses Appoint and establish such advisory committees in regard to the functions of the National Park Service as he may deem advisable, members of which shall receive no compensation for their services as such but who shall be allowed necessary travel expenses as authorized by section 5703 of title 5; (d) Park equipment purchases Purchase field and special purpose equipment required by employees for the performance of assigned functions which shall be regarded and listed as park equipment; (e) Services, resources, or water contracts Enter into contracts which provide for the sale or lease to persons, States, or their political subdivisions, of services, resources, or water available within an area of the national park system, as long as such activity does not jeopardize or unduly interfere with the primary natural or historic resource of the area involved, if such person, State, or its political subdivision - (1) provides public accommodations or services within the immediate vicinity of an area of the national park system to persons visiting the area; and (2) has demonstrated to the Secretary that there are no reasonable alternatives by which to acquire or perform the necessary services, resources, or water; (f) Vehicular air-conditioning Acquire, and have installed, air-conditioning units for any Government-owned passenger motor vehicles used by the National Park Service, where assigned duties necessitate long periods in automobiles or in regions of the United States where high temperatures and humidity are common and prolonged; (g) Exhibits and demonstrations; sale of products and services; contracts and cooperative arrangements; credits to appropriation Sell at fair market value without regard to the requirements of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.), products and services produced in the conduct of living exhibits and interpretive demonstrations in areas of the national park system, to enter into contracts including cooperative arrangements with respect to such living exhibits and interpretive demonstrations and park programs, and to credit the proceeds therefrom to the appropriation bearing the cost of such exhibits and demonstrations; (h) Regulations; promulgation and enforcement Promulgate and enforce regulations concerning boating and other activities on or relating to waters located within areas of the National Park System, including waters subject to the jurisdiction of the United States: Provided, That any regulations adopted pursuant to this subsection shall be complementary to, and not in derogation of, the authority of the United States Coast Guard to regulate the use of waters subject to the jurisdiction of the United States; (i) United States Park Police and other National Park Service employees; meals and lodging Provide meals and lodging, as the Secretary deems appropriate, for members of the United States Park Police and other employees of the National Park Service, as he may designate, serving temporarily on extended special duty in areas of the National Park System, and for this purpose he is authorized to use funds appropriated for the expenses of the Department of the Interior. -SOURCE- (Pub. L. 91-383, Sec. 3, Aug. 18, 1970, 84 Stat. 826; Pub. L. 94-458, Sec. 1, Oct. 7, 1976, 90 Stat. 1939.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsec. (g), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that act relating to management and disposal of Government property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables. -COD- CODIFICATION In subsec. (c), 'section 5703 of title 5' substituted for 'section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 5703)' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1976 - Subsec. (e). Pub. L. 94-458, Sec. 1(1), inserted provision requiring the Secretary to consider the impact on primary natural and historic resources of an area before entering into contracts. Subsecs. (h), (i). Pub. L. 94-458, Sec. 1(2), added subsecs. (h) and (i). TERMINATION OF ADVISORY COMMITTEES Advisory committees 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 committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 19549 Document 949 of 1400------ -CITE- 16 USC Sec. 2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 2. National parks, reservations, and monuments; supervision -STATUTE- The director shall, under the direction of the Secretary of the Interior, have the supervision, management, and control of the several national parks and national monuments which on August 25, 1916, were under the jurisdiction of the Department of the Interior, and of the Hot Springs National Park in the State of Arkansas, and of such other national parks and reservations of like character as may be created by Congress. In the supervision, management, and control of national monuments contiguous to national forests the Secretary of Agriculture may cooperate with said National Park Service to such extent as may be requested by the Secretary of the Interior. -SOURCE- (Aug. 25, 1916, ch. 408, Sec. 2, 39 Stat. 535; Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1407.) -CHANGE- CHANGE OF NAME Hot Springs Reservation was changed to Hot Springs National Park by section 1 of act Mar. 4, 1921. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES National Park System Advisory Board, see section 463 of this title. Uniform application of this section to all areas of national park system when not in conflict with specific provisions applicable to an area, see section 1c of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1c, 3, 4, 20, 20f, 21b, 45f, 79i, 80d, 81g, 81h, 90c, 108, 111c, 119, 158, 159b, 160f, 197, 201b, 205a, 221b, 222, 230e, 231c, 245, 254, 264, 271d, 272d, 273d, 281d, 282a, 283c, 284a, 291b, 342, 345, 346a-2, 355a, 391b-1, 396b, 396d, 397d, 401, 403-3, 403b, 404b, 406d-2, 407a, 408b, 409e, 410b, 410r-7, 410w, 410z-4, 410ee, 410ff-3, 410gg-2, 410hh-2, 410ii-5, 410jj-4, 410kk-1, 410ll, 410mm-1, 410nn-1, 410oo-3, 410pp-2, 410qq-2, 410rr-3, 410rr-7, 410ss-1, 423h-2, 423l, 423o, 426m, 428d-3, 428o, 429a-2, 430m, 430cc, 430hh, 430ll, 430ss, 430uu-2, 433b, 433j, 441c, 442, 445c, 447c, 450, 450e-1, 450q, 450t, 450y-1, 450y-6, 450bb-1, 450cc-1, 450dd-1, 450ee-1, 450ff-2, 450hh-2, 450jj-5, 450mm-3, 450oo-9, 450pp-1, 459a-1, 459b-6, 459c-6, 459d-4, 459h-4, 459i-5, 460, 460m-5, 460m-12, 460m-15, 460s-5, 460w-5, 460bb-3, 460cc-2, 460dd-3, 460ee, 460ii-2, 460kk, 460uu-2, 460ww-1, 460yy-1, 460eee-1, 460fff-1, 467b, 698c, 698i, 698n, 1133, 3125 of this title; title 30 section 1014; title 36 section 4614; title 40 sections 319c, 803, 804; title 48 section 1705. ------DocID 19594 Document 950 of 1400------ -CITE- 16 USC Sec. 17j-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 17j-2. Authorization of appropriations for road maintenance and repair; administrative expenses; lectures, investigations, telephone service, etc. -STATUTE- Appropriations for the National Park Service are authorized for - (a) Necessary protection of the area of federally owned land in the custody of the National Park Service known as the Ocean Strip and Queets Corridor, adjacent to Olympic National Park, Washington; necessary repairs to the roads from Glacier Park Station through the Blackfeet Indian Reservation to the various points in the boundary line of Glacier National Park, Montana, and the international boundary; repair and maintenance of approximately two and seventy-seven one-hundredths miles of road leading from United States Highway 187 to the north entrance of Grand Teton National Park, Wyoming; maintenance of approach roads through the Lassen National Forest leading to Lassen Volcanic National Park, California; maintenance and repair of the Generals Highway between the boundaries of Sequoia National Park, California, and the Grant Grove section of Kings Canyon National Park, California; maintenance of approximately two and one-fourth miles of roads comprising those portions of the Fresno-Kings Canyon approach road, Park Ridge Lookout Road, and Ash Mountain-Advance truck trail, necessary to the administration and protection of the Sequoia and Kings Canyon National Parks; maintenance of the roads in the national forests leading out of Yellowstone National Park, Wyoming, Idaho, and Montana; maintenance of the road in the Stanislaus National Forest connecting the Tioga Road with the Hetch Hetchy Road near Mather Station, Yosemite National Park, California; and maintenance and repair of the approach road to the Custer Battlefield National Monument and the road connecting the said monument with the Reno Monument site, Montana; repair and maintenance of the class 'C' road lying between the terminus of F.A. 383 at the east boundary of Coronado National Forest and the point where said class 'C' road enters Coronado National Memorial in the vicinity of Montezuma Pass, approximately 5.3 miles. (b) Administration, protection, improvement, and maintenance of areas, under the jurisdiction of other agencies of the Government, devoted to recreational use pursuant to cooperative agreements. (c) Necessary local transportation and subsistence in kind of persons selected for employment or as cooperators, serving without other compensation, while attending fire-protection training camps. (d) Administration, protection, maintenance, and improvement of the Chesapeake and Ohio Canal. (e) Educational lectures in or in the vicinity of and with respect to the national parks, national monuments, and other reservations under the jurisdiction of the National Park Service; and services of field employees in cooperation with such nonprofit scientific and historical societies engaged in educational work in the various parks and monuments as the Secretary of the Interior may designate. (f) Travel expenses of employees attending Government camps for training in forest-fire prevention and suppression and the Federal Bureau of Investigation National Police Academy, and attending Federal, State, or municipal schools for training in building fire prevention and suppression. (g) Investigation and establishment of water rights in accordance with local custom, laws, and decisions of courts, including the acquisition of water rights or of lands or interests in lands or rights-of-way for use and protection of water rights necessary or beneficial in the administration and public use of the national parks and monuments. (h) Acquisition of rights-of-way and construction and maintenance of a water supply line partly outside the boundaries of Mesa Verde National Park. (i) Official telephone service in the field in the case of official telephones installed in private houses when authorized under regulations established by the Secretary. -SOURCE- (Aug. 7, 1946, ch. 788, 60 Stat. 885; Sept. 2, 1960, Pub. L. 86-689, Sec. 3, 74 Stat. 737.) -MISC1- AMENDMENTS 1960 - Subsec. (a). Pub. L. 86-689 authorized appropriations for the repair and maintenance of the class 'C' road lying between the terminus of F.A. 383 at the east boundary of Coronado National Forest and the point where said class 'C' road enters Coronado National Memorial in the vicinity of Montezuma Pass. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 460eee-1, 460fff-1 of this title. ------DocID 19630 Document 951 of 1400------ -CITE- 16 USC Sec. 19jj-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER III-B -HEAD- Sec. 19jj-2. Actions -STATUTE- (a) Civil actions for response costs and damages The Attorney General, upon request of the Secretary after a finding by the Secretary - (1) of damage to a park system resource; or (2) that absent the undertaking of response costs, damage to a park system resource would have occurred; may commence a civil action in the United States district court for the appropriate district against any person who may be liable under section 19jj-1 of this title for response costs and damages. The Secretary shall submit a request for such an action to the Attorney General whenever a person may be liable or an instrumentality may be liable in rem for such costs and damages as provided in section 19jj-1 of this title. (b) Response actions and assessment of damages (1) The Secretary shall undertake all necessary actions to prevent or minimize the destruction, loss of, or injury to park system resources, or to minimize the imminent risk of such destruction, loss, or injury. (2) The Secretary shall assess and monitor damages to park system resources. -SOURCE- (Pub. L. 101-337, Sec. 3, July 27, 1990, 104 Stat. 380.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 19jj of this title. ------DocID 19677 Document 952 of 1400------ -CITE- 16 USC Sec. 45a-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 45a-2. Exchange of certain lands for lands conveyed to United States -STATUTE- In exchange for the conveyance to the United States of tract A, as provided in section 45a-1 of this title, the Secretary is authorized, in his discretion, to patent to the owner of tract A, subject to such terms and conditions as the Secretary may deem necessary, certain lands of approximately equal value described as follows: Tract D. A portion of the southeast quarter of section 33, township 16 south, range 29 east, Mount Diablo meridian, Tulare County, California, comprising approximately two and fifty one-hundredths acres. In exchange for the conveyance to the United States of tracts B and C, as provided in section 45a-1 of this title, the Secretary is authorized to patent, in a similar manner, to the owner of tracts B and C certain lands of approximately equal value described as follows: Tract E. The southwest quarter of the northwest quarter of section 4, which shall be subject to section 818 of this title; the south half of the northeast quarter of section 5; and approximately sixty-eight acres of the north half of the southeast quarter of section 5, which shall not include the surveyed two-hundred-foot strip as shown on map 'D' of exhibit 'K', entitled 'Detailed Map of Kaweah Project of the Southern California Edison Company, Ltd.', and filed in the office of the Federal Power Commission on December 12, 1923; all of said lands in tract E being situated in township 17 south, range 29 east, Mount Diablo meridian, comprising approximately one hundred and eighty-eight acres. -SOURCE- (Dec. 21, 1943, ch. 372, Sec. 2, 57 Stat. 606.) -CROSS- CROSS REFERENCES Electric power development permits, see note set out under section 45a-1 of this title. ------DocID 19687 Document 953 of 1400------ -CITE- 16 USC Sec. 47-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-2. Leases for employee housing, community facilities, administrative offices, maintenance facilities, and commercial services at or on administrative site -STATUTE- In furtherance of the purposes of section 47-1 of this title, the Secretary of the Interior is authorized, notwithstanding any other provision of law, to lease lands within the El Portal administrative site for periods of not to exceed ninety-nine years to any individual, including an employee of the United States Government, to any operator of concession facilities in the park, or the administrative site, or its successor, or to any public or private corporation or organization (including a nonprofit corporation) for purposes of providing employee housing, community facilities, administrative offices, maintenance facilities, and commercial services. Such leases shall provide that if the lessee is a concessioner, corporation, or other organization (including a nonprofit corporation) such lessee may sublease the property to its employees, employees of the United States Government, or other individuals whose residence on the leased premises is solely in support of Yosemite National Park or the El Portal administrative site for terms not to exceed the remaining terms of such leases, and they shall be subject to such terms and conditions as the Secretary of the Interior may require to assure appropriate administration, protection, and development of the land for purposes incident to the provisions of facilities and services required in the operation and administration of the park: Provided, That the Secretary of the Interior shall grant such leases in consideration of payment to the United States of the fair rental value of the leased lands, as determined by him. -SOURCE- (Pub. L. 90-409, Sec. 1, July 21, 1968, 82 Stat. 393; Pub. L. 99-542, Sec. 1(1)-(3), Oct. 27, 1986, 100 Stat. 3037.) -COD- CODIFICATION Section formerly consisted of subsecs. (a) and (b) which were based on sections 1 and 2, respectively, of Pub. L. 90-409. Section 2 was renumbered section 3 of Pub. L. 90-409 and is classified to section 47-4 of this title. A new section 2 of Pub. L. 90-409 was added and is classified to section 47-3 of this title. -MISC3- AMENDMENTS 1986 - Pub. L. 99-542 substituted 'not to exceed ninety-nine years to any individual, including an employee of the United States Government, to any operator of concession facilities in the park, or the administrative site, or its successor, or to any public or private corporation or organization (including a nonprofit corporation) for purposes of providing employee housing, community facilities, administrative offices, maintenance facilities, and commercial services' for 'fifty-five years to any operator of concession facilities in the park, or its successor, for purposes of providing employee housing', substituted 'if the lessee is a concessioner, corporation, or other organization (including a nonprofit corporation) such lessee may sublease the property to its employees, employees of the United States Government, or other individuals whose residence on the leased premises is solely in support of Yosemite National Park or the El Portal administrative site' for 'the concessioner may sublease the property to its employees', struck out 'an annual' before 'payment' in proviso, and substituted a period for 'at the beginning of each calendar year' after 'him'. LIMITATION ON NEW SPENDING AUTHORITY Section 2 of Pub. L. 99-542 provided that: 'Any new spending authority (within the meaning of section 401 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 651)) which is provided under this Act (enacting sections 47-3 to 47-6 of this title and amending section 47-2 of this title) shall be effective for any fiscal year only to the extent or in such amounts as provided in appropriation Acts or to the extent that proceeds are available from any leases issued by the Secretary pursuant to the first section of this Act (probably means section 1 of Pub. L. 90-409, 16 U.S.C. 47-2).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47-3, 47-4, 47-6 of this title. ------DocID 19743 Document 954 of 1400------ -CITE- 16 USC Sec. 80a-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VIII -HEAD- Sec. 80a-2. Lands excluded from Sequoia National Forest and added to Kings Canyon National Park -STATUTE- For the purpose of facilitating park road maintenance, and to include in the park certain property that is desirable for future use and development, the following land situated in section 7, township 14 south, range 28 east, Mount Diablo meridian, is excluded from the Sequoia National Forest and added to the Kings Canyon National Park: East half northeast quarter, east half west half northeast quarter, northeast quarter southeast quarter, east half northwest quarter southeast quarter, and those portions of the southeast quarter southeast quarter and of the east half southwest quarter southeast quarter, lying north of the right-of-way of State Highway 180. -SOURCE- (Pub. L. 85-666, Sec. 2, Aug. 14, 1958, 72 Stat. 617.) -COD- CODIFICATION Section was not enacted as part of act Mar. 4, 1940, ch. 40, 54 Stat. 41, which comprises this subchapter. ------DocID 19773 Document 955 of 1400------ -CITE- 16 USC Sec. 90b-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER X -HEAD- Sec. 90b-2. Owner's retention of right of use and occupancy for agricultural, residential, or commercial purposes for life or term of years; transfer or assignment of right; termination of use and occupancy for a contrary use and upon payment of sum for unexpired right -STATUTE- Any owner of property acquired by the Secretary which on the date of acquisition is used for agricultural or single-family residential purposes, or for commercial purposes which he finds are compatible with the use and development of the park or the recreation areas, may, as a condition of such acquisition, retain the right of use and occupancy of the property for the same purposes for which it was used on such date, for a period ending at the death of the owner or the death of his spouse, whichever occurs later, or for a fixed term of not to exceed twenty-five years, whichever the owner may elect. Any right so retained may during its existence be transferred or assigned. Any right so retained may be terminated by the Secretary at any time after the date upon which any use of the property occurs which he finds is a use other than one which existed on the date of acquisition. In the event the Secretary terminates a right of use and occupancy under this section, he shall pay to the owner of the right the fair market value of the portion of said right which remains unexpired on the date of termination. -SOURCE- (Pub. L. 90-544, title III, Sec. 303, Oct. 2, 1968, 82 Stat. 928.) ------DocID 19778 Document 956 of 1400------ -CITE- 16 USC Sec. 90d-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER X -HEAD- Sec. 90d-2. State rights or privileges in property within recreation area used for certain highway unaffected -STATUTE- Nothing in this subchapter shall be construed to affect adversely or to authorize any Federal agency to take any action that would affect adversely any rights or privileges of the State of Washington in property within the Ross Lake National Recreation Area which is being utilized for the North Cross State Highway. -SOURCE- (Pub. L. 90-544, title V, Sec. 503, Oct. 2, 1968, 82 Stat. 929.) ------DocID 19784 Document 957 of 1400------ -CITE- 16 USC Sec. 90e-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER X -HEAD- Sec. 90e-2. Map and legal description, filing with Congressional committees; correction of errors; applicability of Wilderness Act -STATUTE- (a) As soon as practicable after October 2, 1968, the Secretary of Agriculture shall file a map and legal description of the Pasayten Wilderness and of the Glacier Peak Wilderness, as hereby modified, with the Interior and Insular Affairs Committees of the United States Senate and House of Representatives, and such descriptions shall have the same force and effect as if included in this subchapter: Provided, however, That correction of clerical or typographical errors in such legal descriptions and maps may be made. (b) Upon the filing of the legal descriptions and maps as provided for in subsection (a) of this section the Pasayten Wilderness and the additions to the Glacier Peak Wilderness shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.) and thereafter shall be subject to the provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this subchapter. -SOURCE- (Pub. L. 90-544, title VI, Sec. 603, Oct. 2, 1968, 82 Stat. 930.) -REFTEXT- REFERENCES IN TEXT The Wilderness Act, referred to in subsec. (b), is Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (Sec. 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. Effective date of the Wilderness Act, referred to in subsec. (b), means the date of enactment, Sept. 3, 1964, of such Act. Effective date of this subchapter, referred to in subsec. (b), means the date of enactment, Oct. 2, 1968, of this subchapter. -CHANGE- CHANGE OF NAME Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the 'Committee System Reorganization Amendments of 1977'), approved Feb. 4, 1977. ------DocID 19916 Document 958 of 1400------ -CITE- 16 USC Sec. 192b-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XXI -HEAD- Sec. 192b-2. Addition of lands -STATUTE- The following-described lands, comprising approximately one hundred and forty acres, are added to Rocky Mountain National Park and shall be subject to all laws and regulations applicable to said park: SIXTH PRINCIPAL MERIDIAN Township 5 north, range 73 west, section 27, southwest quarter northwest quarter, and west half southwest quarter; section 34, west half northeast quarter northwest quarter. -SOURCE- (Aug. 24, 1949, ch. 501, Sec. 1, 63 Stat. 626.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 192b-5 of this title. ------DocID 20131 Document 959 of 1400------ -CITE- 16 USC Sec. 343c-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XXXVII -HEAD- Sec. 343c-2. Addition of lands; Jackson Laboratory -STATUTE- The Secretary of the Interior may, in his discretion, accept title to certain land in the town of Bar Harbor, Hancock County, Maine, held by the Jackson Laboratory, a nonprofit corporation organized and existing under the laws of the State of Maine, said land being more particularly described as follows: Beginning at a stone bound set in the ground in the southerly side of State Highway Numbered 3 leading from Bar Harbor to Seal Harbor, said stone bound also marking the northeasterly corner of land of the United States of America and the northwesterly corner of land of the Jackson Laboratory; thence north 72 degrees 58 minutes east and following the southerly side of State Highway Numbered 3, 80 feet to a stone bound set in the ground; thence south 32 degrees 13 minutes east 762.5 feet to an iron pin set in the ledge; thence north 88 degrees 16 minutes east 270.54 feet to a stone bound set in the ground in the southerly side of the old Morrell Park Racetrack; thence north 61 degrees 56 minutes east 673.2 feet to an iron pipe driven in the ground, said iron pipe also being in a northwesterly line of land of the United States of America; thence south 24 degrees 30 minutes west and always following a northwesterly line of land of the United States of America, 149 feet to an iron pipe driven in the ground; thence south 64 degrees 05 minutes west and always following a northwesterly line of land of the United States of America, 577 feet to a stone bound set in the ground; thence south 78 degrees 50 minutes west and always following a northerly line of land of the United States of America, 115 feet to an iron pin in a large boulder; thence north 84 degrees 00 minutes west and always following a northerly line of land of the United States of America, 357 feet to an iron pin in the ledge; thence north 22 degrees 40 minutes west and always following a northeasterly line of land of the United States of America, 460 feet to an iron pin in the ledge; thence north 14 degrees 05 minutes west and always following an easterly line of land of the United States of America, 281.7 feet to the point of beginning, and containing 4.828 acres. Said land, upon acceptance of title thereto, shall become a part of the Acadia National Park. -SOURCE- (Pub. L. 90-262, Sec. 1, Mar. 4, 1968, 82 Stat. 40.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 343c-3 of this title. ------DocID 20141 Document 960 of 1400------ -CITE- 16 USC Sec. 346a-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XXXVIII -HEAD- Sec. 346a-2. Acquisition of lands; administration -STATUTE- Privately owned land, or interests therein, within the aforesaid revised boundary may be acquired by the Secretary of the Interior by purchase, donation, with donated funds, or by such other means as the Secretary may consider to be in the public interest. When acquired, such land and interests in land shall be administered as a part of the Zion National Park in accordance with the provisions of sections 1 and 2 to 4 of this title, as amended. -SOURCE- (Pub. L. 86-387, Sec. 2, Feb. 20, 1960, 74 Stat. 5.) ------DocID 20239 Document 961 of 1400------ -CITE- 16 USC Sec. 403-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XLVI -HEAD- Sec. 403-2. Exchange of lands within Shenandoah National Park -STATUTE- The Secretary of the Interior may accept title to approximately 37.44 acres of land within the authorized boundaries of the Shenandoah National Park, said land fronting on United States Highway Numbered 211 and being more particularly described as follows: Beginning at park monument H-8, thence with the park boundary line the following courses and distances: north 51 degrees 57 minutes, east 2,242.0 feet to park monument H-9; south 26 degrees 40 minutes, east 51.0 feet to park monument H-10; south 32 degrees 40 minutes, east 340.0 feet to park monument H-11; south 11 degrees 35 minutes, east 190.0 feet to park monument H-12; south 41 degrees 26 minutes, east 329.0 feet to park monument H-13; thence crossing Pass Run south 57 degrees 00 minutes 36 seconds, west 1,871.32 feet to a marked white oak tree near the northeast edge of the fire road on top of Piney Mountain, thence north 58 degrees 36 minutes, west 771.16 feet to the point of beginning. In exchange for the aforesaid land the Secretary is authorized to convey on the basis of approximately equal values a parcel of park land containing approximately 38.58 acres, being more particularly described as follows: Beginning at park monument P-153, a point in the center of Route 666, Virginia Department of Highways, thence with the park boundary line the following courses and distances: north 66 degrees 27 minutes, west 345.0 feet to park monument P-152; north 41 degrees 08 minutes, east 705.0 feet to park monument P-151; north 63 degrees 01 minutes, west 302.0 feet to park monument P-150; north 30 degrees 38 minutes, east 1,110.0 feet to park monument P-149; south 74 degrees 36 minutes, east 443.0 feet to park monument P-148; north 41 degrees 33 minutes, east 109.0 feet to park monument P-147; south 69 degrees 50 minutes, east 668.0 feet to the center of the said Route 666; thence leaving the courses of the park boundary line and following the alinement of said Route 666 for the following courses and distances; south 36 degrees 26 minutes, west 436.0 feet; south 33 degrees 45 minutes, west 398.0 feet; south 29 degrees 39 minutes, west 388.0 feet; south 13 degrees, 55 minutes, west 100.0 feet; south 04 degrees 16 minutes, west 70.0 feet; south 32 degrees 37 minutes, west 49.0 feet; north 89 degrees 45 minutes, west 43.0 feet; north 66 degrees 43 minutes, west 50.0 feet; north 89 degrees 26 minutes, west 100.0 feet; north 73 degrees 39 minutes, west 78.0 feet; north 84 degrees 11 minutes, west 45.0 feet; south 72 degrees 08 minutes, west 100.0 feet; south 43 degrees 17 minutes, west 50.0 feet; south 30 degrees 57 minutes, west 73.0 feet; south 47 degrees 22 minutes, west 70.0 feet; south 65 degrees 32 minutes, west 68.0 feet; south 80 degrees 05 minutes, west 130.0 feet; south 51 degrees 40 minutes, west 118.0 feet; south 66 degrees 51 minutes, west 36.0 feet; to the point of beginning. -SOURCE- (Pub. L. 86-775, Sept. 13, 1960, 74 Stat. 915.) ------DocID 20245 Document 962 of 1400------ -CITE- 16 USC Sec. 403c-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XLVI -HEAD- Sec. 403c-2. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992, eff. Sept. 1, 1948 -MISC1- Section, act Aug. 19, 1937, ch. 703, Sec. 2, 50 Stat. 701, related to inclusion of park in judicial district. See section 127 of Title 28, Judiciary and Judicial Procedure. ------DocID 20256 Document 963 of 1400------ -CITE- 16 USC Sec. 403h-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XLVI -HEAD- Sec. 403h-2. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992, eff. Sept. 1, 1948 -MISC1- Section, act Apr. 29, 1942, ch. 264, Sec. 2, 56 Stat. 259, related to inclusion of park in a judicial district. See sections 113 and 123 of Title 28, Judiciary and Judicial Procedure. ------DocID 20272 Document 964 of 1400------ -CITE- 16 USC Sec. 403k-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XLVI -HEAD- Sec. 403k-2. Addition of lands to Great Smoky Mountains National Park -STATUTE- So much of the twenty-five-acre tract of land in Forney's Creek Township, Swain County, North Carolina, lying north of Lake Cheoah, proposed to be donated to the United States by the Carolina Aluminum Company, as now lies outside of the park boundaries authorized by sections 403 and 403a to 403c of this title, shall upon acceptance by the Secretary of the Interior, become a part of the Great Smoky Mountains National Park and shall be subject to all laws, rules, and regulations applicable to said park. -SOURCE- (July 26, 1950, ch. 492, Sec. 3, 64 Stat. 378.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 403k-1 of this title. ------DocID 20279 Document 965 of 1400------ -CITE- 16 USC Sec. 404b-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XLVII -HEAD- Sec. 404b-2. Eventual acquisition of Great Onyx and Crystal Caves; cooperation with State of Kentucky -STATUTE- The Secretary of the Interior is authorized to cooperate with the State of Kentucky for the purpose of arranging for the eventual acquisition by the United States of the Great Onyx Cave and the Crystal Cave within the authorized boundaries of Mammoth Cave National Park. The Secretary shall deposit to the credit of a special receipt account that portion of the annual admission, guide, and elevator fee receipts from the said park which exceeds the annual amount available to the park for management, guide, and protection purposes, which funds so deposited may be expended thereafter in payment for the purchase of said cave properties. The Secretary is further authorized to enter into such contracts and agreements as he may determine to be necessary to effectuate the acquisition of the cave properties as authorized herein. -SOURCE- (Mar. 27, 1954, ch. 114, 68 Stat. 36.) ------DocID 20282 Document 966 of 1400------ -CITE- 16 USC Sec. 404c-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XLVII -HEAD- Sec. 404c-2. Fugitives from justice -STATUTE- All fugitives from justice taking refuge in the park shall be subject to the same laws as fugitives from justice found in the Commonwealth of Kentucky. -SOURCE- (June 5, 1942, ch. 341, Sec. 2, 56 Stat. 317; June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992.) -MISC1- AMENDMENTS 1948 - Act June 25, 1948, struck out first sentence relating to inclusion of park in a judicial district. See section 97 of Title 28, Judiciary and Judicial Procedure, and section 3231 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1948 AMENDMENT Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 404c-10 of this title. ------DocID 20298 Document 967 of 1400------ -CITE- 16 USC Sec. 406d-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XLIX -HEAD- Sec. 406d-2. Rights-of-way; continuation of leases, permits, and licenses; renewal; grazing privileges -STATUTE- With respect to those lands that are included by this subchapter and sections 431a, 451a, 482m, 673b, and 673c of this title within the Grand Teton National Park - (a) the Secretary of the Interior shall designate and open rights-of-way, including stock driveways, over and across Federal lands within the exterior boundary of the park for the movement of persons and property to or from State and private lands within the exterior boundary of the park and to or from national forest, State, and private lands adjacent to the park. The location and use of such rights-of-way shall be subject to such regulations as may be prescribed by the Secretary of the Interior; (b) all leases, permits, and licenses issued or authorized by any department, establishment, or agency of the United States with respect to the Federal lands within the exterior boundary of the park which are in effect on September 14, 1950, shall continue in effect, subject to compliance with the terms and conditions therein set forth, until terminated in accordance with the provisions thereof; (c) where any Federal lands included within the park by this subchapter and sections 431a, 451a, 482m, 673b, and 673c of this title were legally occupied or utilized on September 14, 1950 for residence or grazing purposes, or for other purposes not inconsistent with sections 1 and 2 to 4 of this title, pursuant to a lease, permit, or license issued or authorized by any department, establishment, or agency of the United States, the person so occupying or utilizing such lands, and the heirs, successors, or assigns of such person, shall, upon the termination of such lease, permit, or license, be entitled to have the privileges so possessed or enjoyed by him renewed from time to time, subject to such terms and conditions as the Secretary of the Interior shall prescribe, for a period of twenty-five years from September 14, 1950 and thereafter during the lifetime of such person and the lifetime of his heirs, successors, or assigns but only if they were members of his immediate family on such date, as determined by the Secretary of the Interior: Provided, That grazing privileges appurtenant to privately owned lands located within the Grand Teton National Park established by this subchapter and said sections shall not be withdrawn until title to lands to which such privileges are appurtenant shall have vested in the United States, except for failure to comply with the regulations applicable thereto after reasonable notice of default: Provided further, That nothing in this subsection shall apply to any lease, permit, or license for mining purposes or for public accommodations and services or to any occupancy or utilization of lands for purely temporary purposes. Nothing contained in this subchapter and said sections shall be construed as creating any vested right, title, interest, or estate in or to any Federal lands. -SOURCE- (Sept. 14, 1950, ch. 950, Sec. 4, 64 Stat. 850.) -MISC1- REPEAL OF INCONSISTENT LAWS Repeal of laws inconsistent with act Sept. 14, 1950, see note set out under section 406d-1 of this title. ------DocID 20315 Document 968 of 1400------ -CITE- 16 USC Sec. 407m-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LI -HEAD- Sec. 407m-2. Acquisition of property adjacent to Old Saint Joseph's Church -STATUTE- The Secretary of the Interior is authorized to acquire by donation or with donated funds, or to acquire by purchase, from the Redevelopment Authority of the City of Philadelphia the land and interests in land immediately adjacent to, but not including the Old Saint Joseph's Church property in the city of Philadelphia, Pennsylvania, which land and interests in land are identified on the records of the city of Philadelphia as 324, 326, 328, 330, 332, 334 and 336 Walnut Street, for inclusion in the Independence National Historical Park: Provided, That the Secretary shall first enter into an agreement with the proprietor or proprietors of the Old Saint Joseph's Church property, such agreement to contain the usual and customary provisions for the protection and physical maintenance of such church property, without expense to the United States, in keeping with, but not as a part of the nearby Independence National Historical Park and providing for its continued use, without limitation or control, for customary church purposes. -SOURCE- (Pub. L. 86-273, Sec. 1, Sept. 14, 1959, 73 Stat. 556.) -COD- CODIFICATION Section was not enacted as a part of act June 28, 1948, ch. 687, 62 Stat. 1061, as amended, which comprises this subchapter. -MISC3- APPROPRIATIONS Section 2 of Pub. L. 86-273 authorized to be appropriated such sums, not exceeding $46,200 as were necessary to carry out the purposes of this section. ------DocID 20379 Document 969 of 1400------ -CITE- 16 USC Sec. 410r-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIV -HEAD- Sec. 410r-2. Lands acquired as part of park; rules and regulations -STATUTE- All lands and submerged lands title to which is accepted by the Secretary of the Interior pursuant to the provisions of section 410r-1 of this title shall, upon the acceptance of title thereto, become parts of the Everglades National Park and shall be subject to all laws and regulations applicable thereto. -SOURCE- (Pub. L. 86-681, Sec. 2, Sept. 2, 1960, 74 Stat. 577.) ------DocID 20397 Document 970 of 1400------ -CITE- 16 USC Sec. 410y-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LVI -HEAD- Sec. 410y-2. Consideration by Secretary of comprehensive local or State development, land use, or recreational plans -STATUTE- The Secretary shall take into account comprehensive local or State development, land use, or recreational plans affecting or relating to areas in the vicinity of the canal, and shall, wherever practicable, consistent with the purposes of this subchapter, exercise the authority granted by this subchapter, in a manner which he finds will not conflict with such local or State plans. -SOURCE- (Pub. L. 91-664, Sec. 4, Jan. 8, 1971, 84 Stat. 1979.) ------DocID 20405 Document 971 of 1400------ -CITE- 16 USC Sec. 410z-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LVII -HEAD- Sec. 410z-2. Boston National Historical Park Advisory Commission -STATUTE- (a) Establishment; membership There is established a Boston National Historical Park Advisory Commission (hereinafter referred to as the 'Commission') which shall be composed of members appointed by the Secretary as follows: (1) Three members appointed from recommendations submitted by the Governor of Massachusetts; (2) Three members appointed from recommendations submitted by the mayor of the city of Boston; and (3) One member to represent each owner with which the Secretary has concluded a cooperative agreement pursuant to section 410z-1 of this title, to be appointed from recommendations submitted by each such owner. (b) Termination of Commission The Commission shall terminate ten years from the date of establishment of the Boston National Historical Park. (c) Vacancies; chairman A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment (and for the balance of the unexpired term). The Chairman of the Commission shall be designated by the Secretary. (d) Majority rule The Commission shall act and advise by affirmative vote of a majority of its members. (e) Consultation between Secretary and Commission The Secretary or his designee shall from time to time, but at least semiannually, consult with the Commission with respect to matters relating to the development of the Boston National Historical Park. (f) Compensation; payment of expenses Members of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under this subchapter upon presentation of vouchers signed by the Chairman. -SOURCE- (Pub. L. 93-431, Sec. 4, Oct. 1, 1974, 88 Stat. 1185.) ------DocID 20412 Document 972 of 1400------ -CITE- 16 USC Sec. 410aa-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LVIII -HEAD- Sec. 410aa-2. Publication of notice; appropriations; administration -STATUTE- When the Secretary determines that lands and interests therein have been acquired in an amount sufficient to constitute an administerable unit, he shall establish the park by publication of a notice to that effect in the Federal Register: Provided, That the park shall not be established until the Secretary receives commitments which he deems to be sufficient from the Commonwealth of Pennsylvania that the appropriations made by acts 320 and 352 of 1974, and act 12A of 1975, of the Legislature of the Commonwealth of Pennsylvania, will continue to be available and obligated for development purposes within the park. The Secretary shall administer the property acquired for such park in accordance with sections 1 and 2 to 4 of this title, as amended and supplemented, and sections 461 to 467 of this title. In furtherance of the purposes of this subchapter, the Secretary is authorized to provide technical assistance to public and private nonprofit entities in qualifying for appropriate historical designation and for such grants, other financial assistance, and other forms of aid as are available under Federal, State, or local law for the protection, rehabilitation, or preservation of properties in the vicinity of the park which are historically related to the purposes of the park. -SOURCE- (Pub. L. 94-337, Sec. 3, July 4, 1976, 90 Stat. 797; Pub. L. 96-287, title III, Sec. 301(2), June 28, 1980, 94 Stat. 601.) -MISC1- AMENDMENTS 1980 - Pub. L. 96-287 authorized technical assistance to nonprofit entities in qualifying for appropriate historical designation and for any aid for protection, rehabilitation, or preservation of properties in the vicinity of the park which are historically related to the purposes of the park. ------DocID 20417 Document 973 of 1400------ -CITE- 16 USC Sec. 410bb-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX -HEAD- Sec. 410bb-2. Cooperation with Canada for planning and development of international park -STATUTE- (a) Presidential proclamation The Secretary, in cooperation with the Secretary of State, is authorized to consult and cooperate with appropriate officials of the Government of Canada and Provincial or Territorial officials regarding planning and development of the park, and an international historical park. At such time as the Secretary shall advise the President of the United States that planning, development, and protection of the adjacent or related historic and scenic resources in Canada have been accomplished by the Government of Canada in a manner consistent with the purposes for which the park was established, and upon enactment of a provision similar to this section by the proper authority of the Canadian Government, the President is authorized to issue a proclamation designating and including the park as part of an international historical park to be known as Klondike Gold Rush International Historical Park. (b) Retention of 'National' designation for purpose of authorization For purposes of administration, promotion, development, and support by appropriations, that part of the Klondike Gold Rush International Historical Park within the territory of the United States shall continue to be designated as the 'Klondike Gold Rush National Historical Park'. -SOURCE- (Pub. L. 94-323, Sec. 3, June 30, 1976, 90 Stat. 718.) ------DocID 20448 Document 974 of 1400------ -CITE- 16 USC Sec. 410ff-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-D -HEAD- Sec. 410ff-2. Natural resources study reports to Congress; cooperative agreements for enforcement of laws and regulations on State-owned land -STATUTE- (a) The Secretary is directed to develop, in cooperation and consultation with the Secretary of Commerce, the State of California, and various knowledgeable Federal and private entities, a natural resources study report for the park, including, but not limited to, the following: (1) an inventory of all terrestrial and marine species, indicating their population dynamics, and probable trends as to future numbers and welfare; (2) recommendations as to what actions should be considered for adoption to better protect the natural resources of the park. Such report shall be submitted within two complete fiscal years from March 5, 1980, to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, and updated revisions of such report shall be similarly submitted at subsequent two year intervals to cover a period of ten years after March 5, 1980. (b) The Secretary is authorized and directed to enter into and continue cooperative agreements with the Secretary of Commerce and the State of California for the enforcement of Federal and State laws and regulations on those lands and waters within and adjacent to the park which are owned by the State of California. No provision of this subchapter shall be deemed to affect the rights and jurisdiction of the State of California within the park, including, but not limited to, authority over submerged lands and waters within the park boundaries, and the marine resources therein. -SOURCE- (Pub. L. 96-199, title II, Sec. 203, Mar. 5, 1980, 94 Stat. 75.) ------DocID 20457 Document 975 of 1400------ -CITE- 16 USC Sec. 410gg-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-E -HEAD- Sec. 410gg-2. Administration; fishing; abolition of Biscayne National Monument; monument incorporated within and made part of park; monument funds and appropriations available for park -STATUTE- (a) The Secretary shall preserve and administer the park in accordance with the provisions of sections 1 and 2 to 4 of this title, as amended and supplemented. The waters within the park shall continue to be open to fishing in conformity with the laws of the State of Florida except as the Secretary, after consultation with appropriate officials of said State, designates species for which, areas and times within which, and methods by which fishing is prohibited, limited, or otherwise regulated in the interest of sound conservation to achieve the purposes for which the park is established: Provided, That with respect to lands donated by the State after the effective date of this subchapter, fishing shall be in conformance with State law. (b) The Biscayne National Monument, as authorized by the Act of October 18, 1968 (82 Stat. 1188; 16 U.S.C. 450qq), as amended, is abolished as such, and all lands, waters, and interests therein acquired or reserved for such monument are hereby incorporated within and made a part of the park. Any funds available for the purposes of such monument are hereby made available for the purposes of the park, and authorizations of funds for the monument shall continue to be available for the park. -SOURCE- (Pub. L. 96-287, title I, Sec. 103, June 28, 1980, 94 Stat. 600.) -REFTEXT- REFERENCES IN TEXT The effective date of this subchapter, referred to in subsec. (a), probably means the date of enactment of Pub. L. 96-287, which was approved on June 28, 1980. Act of October 18, 1968, referred to in subsec. (b), is Pub. L. 90-606, Oct. 18, 1968, 82 Stat. 1188, as amended, which was classified to sections 450qq to 450qq-4 of this title, and was omitted from the Code in view of the abolition of the Biscayne National Monument and its incorporation within the Biscayne National Park pursuant to subsec. (b). ------DocID 20464 Document 976 of 1400------ -CITE- 16 USC Sec. 410hh-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-F -HEAD- Sec. 410hh-2. Administration; hunting and subsistence uses; admission fees -STATUTE- Subject to valid existing rights, the Secretary shall administer the lands, waters, and interests therein added to existing areas or established by the foregoing sections of this subchapter as new areas of the National Park System, pursuant to the provisions of sections 1 and 2 to 4 of this title, as amended and supplemented, and, as appropriate, under section 3201 of this title and the other applicable provisions of this Act: Provided, however, That hunting shall be permitted in areas designated as national preserves under the provisions of this Act. Subsistance uses by local residents shall be allowed in national preserves and, where specifically permitted by this Act, in national monuments and parks. Lands, waters, and interests therein withdrawn or reserved for the former Katmai and Glacier Bay National Monuments are hereby incorporated within and made a part of Katmai National Park or Glacier Bay National Park, as appropriate. Any funds available for the purposes of such monuments are hereby made available for the purposes of Katmai National Park and Preserve or Glacier Bay National Park and Preserve, as appropriate. Notwithstanding any other provision of law, no fees shall be charged for entrance or admission to any unit of the National Park System located in Alaska. -SOURCE- (Pub. L. 96-487, title II, Sec. 203, Dec. 2, 1980, 94 Stat. 2383.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460l-6a of this title. ------DocID 20471 Document 977 of 1400------ -CITE- 16 USC Sec. 410ii-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-G -HEAD- Sec. 410ii-2. Chaco Culture Archeological Protection Sites; additions and deletions -STATUTE- The Secretary of the Interior shall continue to search for additional evidences of Chacoan sites and submit to Congress within two years of December 19, 1980 and thereafter as needed, his recommendations for additions to, or deletions from, the list of archeological protection sites in section 410ii-1(b) of this title. Additions to or deletions from such list shall be made only by an Act of Congress. -SOURCE- (Pub. L. 96-550, title V, Sec. 503, Dec. 19, 1980, 94 Stat. 3228.) ------DocID 20480 Document 978 of 1400------ -CITE- 16 USC Sec. 410jj-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-H -HEAD- Sec. 410jj-2. Boundaries; revisions of boundary; publication in Federal Register -STATUTE- The boundaries of the park shall include the lands, waters, and interests therein within the area generally depicted on the map entitled 'Boundary Map, Kalaupapa National Historical Park', numbered P07-80024, and dated May 1980, which shall be on file and available for public inspection in the local and Washington, District of Columbia offices of the National Park Service, Department of the Interior, the Secretary of the Interior (hereinafter referred to as the 'Secretary') may make minor revisions in the boundary of the park by publication of a revised boundary map or other description to that effect in the Federal Register. -SOURCE- (Pub. L. 96-565, title I, Sec. 103, Dec. 22, 1980, 94 Stat. 3321.) ------DocID 20491 Document 979 of 1400------ -CITE- 16 USC Sec. 410kk-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-I -HEAD- Sec. 410kk-2. Authorization of appropriations -STATUTE- There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter, but not more than $4,100,000 for development and not more than $1,400,000 for the acquisition of lands and interests therein for the Lyndon B. Johnson National Historical Park. -SOURCE- (Pub. L. 91-134, Sec. 3, Dec. 2, 1969, 83 Stat. 274; Pub. L. 96-87, title IV, Sec. 403, Oct. 12, 1979, 93 Stat. 667; Pub. L. 96-607, title VI, Sec. 601(2), (3), Dec. 28, 1980, 94 Stat. 3540.) -MISC1- AMENDMENTS 1980 - Pub. L. 96-607 substituted 'such sums as may be necessary to carry out the provisions of sections 410kk to 410kk-2 of this title, but not more than $4,100,000 for development and not more than $1,400,000 for the acquisition of lands and interests therein for' for 'not more than $680,000 to provide for the development of' and 'National Historical Park' for 'National Historic Site'. Pub. L. 96-87 increased appropriation authorization from $180,000 to $680,000. ------DocID 20497 Document 980 of 1400------ -CITE- 16 USC Sec. 410mm-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-K -HEAD- Sec. 410mm-2. Acquisition of land -STATUTE- (a) The Secretary may acquire land or interests in land within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange, but no such lands or interests therein may be acquired without the consent of the owner thereof. Lands owned by the State of Nevada or any political subdivision thereof may be acquired only by donation or exchange. (b) Lands and waters, and interests therein, within the boundaries of the park which were administered by the Forest Service, United States Department of Agriculture prior to October 27, 1986, are hereby transferred to the administrative jurisdiction of the Secretary to be administered in accordance with this subchapter. The boundaries of the Humboldt National Forest shall be adjusted accordingly. -SOURCE- (Pub. L. 99-565, Sec. 4, Oct. 27, 1986, 100 Stat. 3183.) ------DocID 20502 Document 981 of 1400------ -CITE- 16 USC Sec. 410nn-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-L -HEAD- Sec. 410nn-2. Acquisition of property -STATUTE- (a) General authority The Secretary may acquire land and interests in land within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange. (b) Transfers from other agencies The Secretary of Commerce may transfer the Liberty Ship SS Jeremiah O'Brien to the Secretary for inclusion in the historic fleet of the park. Any other Federal property located within the boundaries of the park which is under the administrative jurisdiction of another department or agency of the United States may, with the concurrence of the head of the administering department or agency, be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the park. (c) State and local lands Lands, and interests in lands, within the boundaries of the park which are owned by the State of California or any political subdivision thereof, may be acquired only by donation. Notwithstanding any other provision of law, the Secretary is authorized to enter into an agreement with the State of California or any political subdivision thereof under which the Secretary may improve and may use appropriated funds for the improvement of berthing facilities if the State or any political subdivision thereof makes available to the Secretary, in accordance with terms and conditions acceptable to the Secretary, lands and interests in land for the purpose of berthing the ships and providing visitor access to the historic ships. (d) Historic vessels and other property (1) In furtherance of the administration of the park, the Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange such property as may be appropriate to carry out the purposes of this subchapter, including vessels, heavy marine equipment, and drydock facilities. The Secretary shall notify the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate in writing not less than 90 days before acquisition of any large historic vessel. Such notification shall indicate the estimated cost of preservation, restoration if appropriate, and maintenance of the vessel concerned. (2) Acquisition Limitation. - The Secretary shall not acquire any historic vessel pursuant to this subsection until the Secretary has notified the Committees in writing that sufficient funds have been made available to preserve and maintain those vessels listed in section 410nn-1(e)(1) of this title. -SOURCE- (Pub. L. 100-348, Sec. 4, June 27, 1988, 102 Stat. 656.) ------DocID 20508 Document 982 of 1400------ -CITE- 16 USC Sec. 410oo-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-M -HEAD- Sec. 410oo-2. Acquisition of property -STATUTE- Except as otherwise provided in this section, the Secretary may acquire, by donation, purchase with donated or appropriated funds, or exchange, land or interests in land, together with structures and other improvements thereon and personal property, which is included within the park. In addition the Secretary may acquire by any such means such personal property associated with the park as he deems appropriate for interpretation of the park and such additional lands and properties as may be necessary for purposes of an administrative headquarters and administrative site. Any land, interests in land, structures, improvements, or personal property owned by the State of Mississippi or any political subdivision thereof, may be acquired only by donation. The Secretary may not acquire fee title to any property other than the property he deems necessary for an administrative site and headquarters and the property referred to in paragraph (1), (2), or (3) of section 410oo-1 of this title, and the Secretary may not acquire the property referred to in paragraph (1) of section 410oo-1 of this title unless at least 25 per centum of the fair market value of such property (as determined by the Secretary) is donated to the United States in connection with such acquisition. The Secretary may not acquire the property referred to in paragraph (3) of section 410oo-1(b) of this title except by donation. -SOURCE- (Pub. L. 100-479, Sec. 3, Oct. 7, 1988, 102 Stat. 2325; Pub. L. 101-399, Sec. 1(b), Sept. 28, 1990, 104 Stat. 860.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-399 substituted 'referred to in paragraph (1), (2), or (3)' for 'referred to in paragraph (1) or (2)' and inserted at end 'The Secretary may not acquire the property referred to in paragraph (3) of section 410oo-1(b) of this title except by donation.' ------DocID 20516 Document 983 of 1400------ -CITE- 16 USC Sec. 410pp-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-N -HEAD- Sec. 410pp-2. Management -STATUTE- (a) Purposes (1) The Secretary, acting through the Director of the National Park Service, and in consultation with the Advisory Commission established pursuant to section 410pp-4 of this title, shall manage the lands covered by any leasehold accepted by the Secretary pursuant to section 410pp-1 of this title as a unit of the National Park System consistent with the provisions of this subchapter, and sections 1 and 2 to 4 of this title, and sections 461 to 467 of this title. (2) The Secretary shall protect, manage, and administer the park for the purposes of preserving the historical, archeological, natural, scientific, cultural, and other resources and values of the park and providing for the public understanding and enjoyment of the same in such a manner as to perpetuate these resources and values for future generations. (3) In implementing this subchapter, the Secretary shall cooperate with the Zuni Tribe. (b) Jurisdiction The Secretary is authorized to accept concurrent jurisdiction from the Zuni Tribe for the purpose of law enforcement. (c) Consultation The Secretary, acting through the Director of the National Park Service, shall consult regularly with the Commission established pursuant to section 410pp-4 of this title. The Commission shall advise the Secretary on the management and operation of the park. (d) Fees All enrolled members of the Zuni Tribe shall be exempt from the payment of fees for admission into the park. (e) Training In furtherance of the purposes specified in subsection (a)(2) of this section, and after consultation with the Advisory Commission established by section 410pp-4 of this title, the Secretary is authorized to enter into cooperative agreements with the Zuni Tribe, its subordinate boards, committees and enterprises, and individual members of the Zuni Tribe for the purpose of providing training of Zuni tribal members on the interpretation, management, protection, and preservation of archaeological and historical properties and in the provision of public services on the Zuni Indian Reservation needed for the fulfillment of the purposes specified in subsection (a)(2) of this section. (f) Preference To the extent feasible, the Secretary shall exercise existing authorities so as to give preference to employing qualified members of the Zuni Tribe in the development, interpretation, and management of the park and in carrying out other activities related to the park. -SOURCE- (Pub. L. 100-567, Sec. 4, Oct. 31, 1988, 102 Stat. 2848.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 410pp-1, 410pp-5 of this title. ------DocID 20526 Document 984 of 1400------ -CITE- 16 USC Sec. 410qq-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-O -HEAD- Sec. 410qq-2. Administration -STATUTE- (a) In general The Secretary shall administer the park in accordance with this subchapter and with the provisions of law generally applicable to units of the National Park System, including the sections 1 and 2 to 4 of this title. In the administration of the park, the Secretary may utilize such statutory authority available to him for the conservation of wildlife and natural and cultural resources as he deems necessary to carry out the purposes of this subchapter, except that he may not acquire any lands or waters or interests therein for purposes of the park other than by lease. (b) Traditional subsistence uses (1) Agricultural, cultural, and gathering uses shall be permitted in the park for subsistence purposes if such uses are generally prior existing uses conducted in areas used for such purposes as of October 31, 1988, and if such uses are conducted in the traditional manner and by traditional methods. No such uses shall be permitted in the park for other than subsistence purposes. (2) Subsistence uses of the marine areas of the park shall also be permitted in accordance with paragraph (1), and no fishing or gathering shall be permitted in such marine areas for other than subsistence purposes. (c) Interpretive facilities, etc. Interpretative activities and interpretative facilities for the park (including maps) shall be in at least the following languages: English and Samoan. (d) Employees and contracts In addition to the Secretary's authority to employ persons to carry out provisions of this subchapter in accordance with the civil service laws, and notwithstanding any other provision of law, the Secretary is authorized to - (1) hire employees for such purposes who shall not be subject to the civil service laws, including quotas, and (2) enter into contracts with individuals for purposes of exercising any authority of the Secretary within the park. (e) Native American Samoan personnel The Secretary shall establish a program to train native American Samoan personnel to function as professional park service employees, to provide services to visitors (including the interpretation of park resources), and operate and maintain park facilities. Notwithstanding any other provision of law, and to the extent practicable the Secretary shall extend a preference for the hiring of native American Samoans to carry out the Secretary's authorities under this subchapter (including both employees and persons operating under contract). (f) Management plan The Secretary, in cooperation with the Governor of American Samoa, shall prepare a general management plan for the park. The plan shall comply with section 1a-7(b) of this title and shall contain specific measures for the protection and preservation of tropical forest resources and archaeological and cultural resources within the park, including, but not limited to, protection of flying foxes and measures to enhance visitation to the park from throughout the world, to the extent consistent with the protection and preservation of such resources. (g) Advisory Board (1) The Secretary shall establish an Advisory Board to provide advice to the Secretary regarding the management of the park. The Advisory Board shall be comprised of 5 members, 3 of whom shall be nominated by the Governor of American Samoa. The Advisory Board shall designate one of its members as Chairman. (2) The Advisory Board shall meet on a regular basis. Notice of meetings and agenda shall be announced in advance and meetings shall be held at locations and in such a manner as to insure adequate public involvement. (3) Members of the Advisory Board shall serve without compensation as such, but the Secretary may pay expenses reasonably incurred in carrying out their responsibilities under this subchapter on vouchers signed by the Chairman. (4) The provisions of section 14(b) of the Federal Advisory Committee Act (Act of October 6, 1972; 86 Stat. 776), are hereby waived with respect to this Advisory Board. (h) Review At least every 10 years, the Secretary and the Governor, or their designees, shall review the operation and management of the park. Such review shall include, but need not be limited to, consideration of how the objectives of the park can better be achieved, the need for additional technical or other assistance, cooperative arrangements between the Government of American Samoa and the National Park Service in the interpretation and management of the park, and the desirability of extension of the lease arrangement. (i) Technical assistance The Secretary, in providing technical or other assistance to the Government of American Samoa may use any authority otherwise provided to him, including requesting assistance from other Federal agencies. -SOURCE- (Pub. L. 100-571, Sec. 3, Oct. 31, 1988, 102 Stat. 2881.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in subsec. (d), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. Section 14 of the Federal Advisory Committee Act, referred to in subsec. (g)(4), is section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5. -MISC2- TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 410qq-1 of this title. ------DocID 20532 Document 985 of 1400------ -CITE- 16 USC Sec. 410rr-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-P -HEAD- Sec. 410rr-2. Acquisition of lands, waters, and interests in lands and waters -STATUTE- The Secretary is authorized to acquire lands, waters, and interests therein within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange: Provided, however, That the Secretary may not acquire lands within the Forked Lightning Ranch as depicted on the map from the owner of record of such lands as of May 1, 1990, without the consent of such owner unless the Secretary determines that the lands are being used, or that there is an imminent threat that the lands will be used, for any purpose that is incompatible with the purposes of this Act. -SOURCE- (Pub. L. 101-313, title II, Sec. 203, June 27, 1990, 104 Stat. 279.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 101-313, June 27, 1990, 104 Stat. 272, which enacted this subchapter, amended sections 410pp, 410pp-1, and 460uu-12 of this title, and enacted and repealed provisions listed in a Miscellaneous National Monuments table set out under section 431 of this title. For complete classification of this Act to the Code, see Tables. ------DocID 20556 Document 986 of 1400------ -CITE- 16 USC Sec. 422a-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 422a-2. Authorization of appropriations -STATUTE- There are authorized to be appropriated such sums as may be necessary to carry out the purposes of section 422a-1 of this title, but not more than $243,000 shall be appropriated for the acquisition of lands and interests in lands and not more than $325,000 shall be appropriated for development. -SOURCE- (Sept. 27, 1944, ch. 417, Sec. 2, as added Oct. 26, 1974, Pub. L. 93-477, title I, Sec. 101(7), 88 Stat. 1445.) ------DocID 20563 Document 987 of 1400------ -CITE- 16 USC Sec. 423a-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 423a-2. Adjustment of boundary -STATUTE- The Secretary of the Interior is further authorized to adjust the boundary of the Petersburg National Battlefield through purchase, exchange, or transfer: Provided, That in doing so the total area of the battlefield will not be increased and that such changes will become effective upon publication of the description thereof in the Federal Register by the Secretary of the Interior. -SOURCE- (Sept. 7, 1949, ch. 543, Sec. 2, 63 Stat. 692; Aug. 24, 1962, Pub. L. 87-603, Sec. 1, 76 Stat. 403.) -CHANGE- CHANGE OF NAME 'Petersburg National Battlefield' and 'battlefield' substituted in text for 'Petersburg National Military Park' and 'park', respectively, in view of redesignation of Petersburg National Military Park as Petersburg National Battlefield by Pub. L. 87-603. See section 423h-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 423h-1 of this title. ------DocID 20572 Document 988 of 1400------ -CITE- 16 USC Sec. 423h-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 423h-2. Acquisition of lands; publication in Federal Register; administration -STATUTE- The Secretary of the Interior, in furtherance of the purposes of sections 423, 423a, and 423b to 423h of this title referred to in section 423h-1 of this title, may acquire by purchase with donated or appropriated funds, exchange, transfer, or by such other means as he deems to be in the public interest, not to exceed twelve hundred acres of land or interests in land at the site of the Battle of Five Forks for addition to the Petersburg National Battlefield. Lands and interests in lands acquired by the Secretary pursuant to this section shall, upon publication of a description thereof in the Federal Register, become a part of the Petersburg National Battlefield, and thereafter shall be administered by the Secretary of the Interior in accordance with the provisions of sections 1 and 2 to 4 of this title, as amended and supplemented. -SOURCE- (Pub. L. 87-603, Sec. 2, Aug. 24, 1962, 76 Stat. 403.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 423h-3 of this title. ------DocID 20584 Document 989 of 1400------ -CITE- 16 USC Sec. 424a-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 424a-2. Conveyance of portion of park to Georgia -STATUTE- The Secretary of the Interior, in his discretion, is authorized to convey, without consideration but under such terms and conditions as he may deem advisable, to the State of Georgia all of lot 78 and approximately one hundred and fifty acres of lot 114, Eleventh District, fourth section, of Dade County, Georgia, now a part of the Chickamauga-Chattanooga National Military Park. -SOURCE- (Mar. 5, 1942, ch. 148, Sec. 2, 56 Stat. 133.) ------DocID 20629 Document 990 of 1400------ -CITE- 16 USC Sec. 428d-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 428d-2. Acceptance of donations by Secretary of the Interior -STATUTE- The Secretary of the Interior is authorized to accept donations of land, interests in land, buildings, structures, and other property within a distance of one mile from the boundaries of said Fort Donelson National Battlefield, as extended by section 428d-1 of this title, and donations of funds for the purchase or maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That he may acquire on behalf of the United States out of any donated funds, by purchase at prices deemed by him reasonable or by condemnation, such tracts of land within a distance of one mile from the boundaries of the said national battlefield as may be necessary for the completion thereof. Upon the acquisition of such land, the same shall become a part of the Fort Donelson National Battlefield and shall be subject to the laws and rules and regulations applicable to said battlefield. -SOURCE- (Aug. 30, 1937, ch. 888, Sec. 2, 50 Stat. 882; Sept. 8, 1960, Pub. L. 86-738, Sec. 4, 74 Stat. 876.) -CHANGE- CHANGE OF NAME 'Fort Donelson National Battlefield', 'national battlefield' and 'battlefield' substituted in text for 'Fort Donelson National Military Park', 'national military park' and 'park', respectively, in view of redesignation of Fort Donelson National Military Park as Fort Donelson National Battlefield by Pub. L. 86-738. See section 428n of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 428d-3 of this title. ------DocID 20645 Document 991 of 1400------ -CITE- 16 USC Sec. 429a-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 429a-2. Change in name to Tupelo National Battlefield; administration -STATUTE- The Tupelo National Battlefield site is redesignated the Tupelo National Battlefield which shall continue to be administered pursuant to sections 1 and 2 to 4 of this title, as amended and supplemented. -SOURCE- (Pub. L. 87-133, Sec. 2, Aug. 10, 1961, 75 Stat. 336.) ------DocID 20648 Document 992 of 1400------ -CITE- 16 USC Sec. 429b-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 429b-2. Retention of right of use and occupation of improved property by owner -STATUTE- (a) Time limits; compensation Subsequent to October 13, 1980, the owner of improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term of not more than twenty-five years or for a term ending at the death of the owner or the death of the spouse of the owner, whichever is later. The owner shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the Secretary shall pay the owner an amount equal to the fair market value of the property on the date of its acquisition less the value on such date of the right retained by the owner. If such property is donated (in whole or in part) to the United States, the Secretary may pay to the owner such lesser amount as the owner may agree to. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of sections 429b to 429b-5 of this title, and it shall terminate by operation of law upon the Secretary's notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired. (b) Displaced person; waiver of benefits No property owner who elects to retain a right of use and occupancy under this section shall be considered a displaced person as defined in section 4601(6) of title 42. Such owners shall be considered to have waived any benefits which would otherwise accrue to them under sections 4623 to 4626 of title 42. -SOURCE- (Apr. 17, 1954, ch. 153, Sec. 3, as added Oct. 13, 1980, Pub. L. 96-442, Sec. 2, 94 Stat. 1886.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 429b, 429b-1, 429b-3 to 429b-5 of this title. ------DocID 20655 Document 993 of 1400------ -CITE- 16 USC Sec. 430a-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 430a-2. Acquisition of lands within revised boundary -STATUTE- The Secretary of the Interior is authorized to acquire lands and interests in lands within the revised boundary by purchase, donation, with donated funds, or by exchange, utilizing for such exchanges federally owned lands of approximately equal value excluded from the park pursuant to sections 430a-1 to 430a-3 of this title. Federally owned lands so excluded which the Secretary of the Interior determines are not needed for such exchanges shall be disposed of in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et. seq.). -SOURCE- (Pub. L. 86-62, Sec. 2, June 23, 1959, 73 Stat. 108.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that act relating to disposal of Government property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 430a-3 of this title. ------DocID 20663 Document 994 of 1400------ -CITE- 16 USC Sec. 430f-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 430f-2. Conveyance of right-of-way; construction and maintenance of roadways -STATUTE- The Secretary may convey to the State of Tennessee for road purposes a right-of-way located in Hardin County, Tennessee, as shown on National Park Service map NMP-SH-7006, revised June 1956, being a minimum of one hundred and twenty feet and a maximum of one hundred and forty feet in width, and a length of approximately eighteen thousand and nine hundred feet, said right-of-way containing approximately fifty-one acres: Provided, That, in exchange, the State constructs and thereafter maintains a roadway on said lands and thereupon releases those portions of the present highways within the park designated State Routes Numbered 22 and 142 from such designation and subsequent use for State highway purposes. -SOURCE- (Pub. L. 85-406, Sec. 2, May 16, 1958, 72 Stat. 114.) ------DocID 20668 Document 995 of 1400------ -CITE- 16 USC Sec. 430g-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 430g-2. Exchange of lands -STATUTE- The Secretary of the Interior is authorized to have competent and disinterested appraisals made as to the value of not more than twenty-three acres of land in Gettysburg National Military Park, in the State of Pennsylvania, such land lying generally between East Confederate Avenue and Wainwright Avenue, and being situated adjacent to the present high-school property in that area. Upon the basis of such appraisals, the Secretary is authorized to convey such property for public-school purposes to the State of Pennsylvania, or the appropriate local agency thereof, the conveyance to be made in exchange for non-Federal land of approximately equal value, which land, upon acceptance by the United States, shall become a part of Gettysburg National Military Park. -SOURCE- (July 31, 1953, ch. 290, 67 Stat. 243.) ------DocID 20679 Document 996 of 1400------ -CITE- 16 USC Sec. 430h-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 430h-2. Exchange of certain lands authorized -STATUTE- In order to further the consolidation of land comprising Vicksburg National Military Park, the Secretary of the Interior is authorized, upon such terms and conditions as he may deem necessary, to transfer to the city of Vicksburg, Mississippi, for school purposes, a tract of park land containing three and one-tenth acres, more or less, now under revocable permit to said city, acting through its board of education, and to transfer to the Mississippi State Highway Commission a tract of park land containing one and thirty-two hundredths acres, more or less, now under revocable permit to said commission for use as a site for a weighing station: Provided, That, from among the land designated as tracts 199, 201, 202, 203, 204, 205, 206, and 216 on map Numbered NMP-VIC-7007, said city and highway commission shall transfer in exchange to the United States, for addition to Vicksburg National Military Park, such land or interests therein as may be mutually agreed upon and which are approximately equal in value to the properties being acquired in each case. -SOURCE- (Pub. L. 85-667, Aug. 14, 1958, 72 Stat. 617.) ------DocID 20706 Document 997 of 1400------ -CITE- 16 USC Sec. 430z-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 430z-2. Memorials within park; erection authorized -STATUTE- The Secretary of the Interior is further authorized, by and with the advice of the National Commission of Fine Arts, to authorize and permit the erection in said memorial park of suitable memorials in harmony with the monument and/or memorial herein authorized that may be desired to be constructed by Spanish War organizations, States, and/or foreign governments: Provided, That the design and location of such memorials must be approved by the Secretary of the Interior, by and with the advice of the National Commission of Fine Arts, before construction is undertaken. -SOURCE- (Aug. 20, 1935, ch. 575, Sec. 4, 49 Stat. 662.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 430z-1 of this title. ------DocID 20730 Document 998 of 1400------ -CITE- 16 USC Sec. 430uu-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 430uu-2. Acquisition of land; exclusion from Beaverhead National Forest; administration -STATUTE- (a) The Secretary of the Interior may acquire by donation, purchase, exchange, or otherwise, lands and interests in lands within the area described in section 430uu-1 of this title. (b) Any lands described in section 430uu-1 of this title that are a part of the Beaverhead National Forest on May 17, 1963, are hereby excluded from the forest and added to the Big Hole National Battlefield. (c) Lands included in the Big Hole National Battlefield pursuant to sections 430uu to 430uu-4 of this title shall be administered in accordance with the provisions of sections 1 and 2 to 4 of this title. -SOURCE- (Pub. L. 88-24, Sec. 3, May 17, 1963, 77 Stat. 19.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 430uu-4 of this title. ------DocID 20816 Document 999 of 1400------ -CITE- 16 USC Sec. 450y-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450y-2. Grazing within memorial area -STATUTE- The Secretary of the Interior, under such regulations as shall be prescribed by him, which regulations shall be substantially similar to those now in effect, shall permit - Grazing of livestock within the memorial area to the extent now permitted within the said area when such grazing will not interfere with recreational development authorized by sections 450y to 450y-4 of this title. -SOURCE- (Aug. 18, 1941, ch. 365, Sec. 3, 55 Stat. 631; Sept. 28, 1976, Pub. L. 94-429, Sec. 3(f), 90 Stat. 1342.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-429 struck out designation '(a)' before 'grazing of livestock' and struck out subsec. (b) which related to the surface use of the land within the memorial area for prospecting and mining. MINING RIGHTS EXISTING PRIOR TO 1976 AMENDMENT Section 3 of Pub. L. 94-429 provided in part that this section was amended as indicated in order to close area to entry and location under the Mining Law of 1872, subject to valid existing rights. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 450y-1, 450y-3, 450y-5, 450y-6 of this title. ------DocID 20825 Document 1000 of 1400------ -CITE- 16 USC Sec. 450aa-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450aa-2. Maintenance of museum; construction of roads and use of markers -STATUTE- The Secretary of Interior is authorized to - (1) Maintain, either in an existing structure acquired under the provisions of section 450aa of this title or in a building constructed by him for the purpose, a museum for relics and records pertaining to George Washington Carver, and for other articles of national and patriotic interest, and to accept, on behalf of the United States, for installation in such museum, articles which may be offered as additions to the museum; and (2) Construct roads and mark with monuments, tablets, or otherwise, points of interest within the boundaries of the George Washington Carver National Monument. -SOURCE- (July 14, 1943, ch. 238, Sec. 3, 57 Stat. 564.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 450aa of this title. ------DocID 20828 Document 1001 of 1400------ -CITE- 16 USC Sec. 450bb-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450bb-2. Maintenance of museum; acceptance of museum articles; construction of roads, etc. -STATUTE- The Secretary of the Interior is authorized to - (1) Maintain, either in an existing structure acquired under the provisions of section 450bb of this title or in a building constructed by him for the purpose, a museum for relics and records pertaining to historic events that took place at Harpers Ferry, and for other relics of national and patriotic interest, and to accept on behalf of the United States, for installation in such museum, articles which may be offered as additions to the museum; (2) Construct roads and facilities and mark with monuments, tablets, or otherwise, points of interest within the boundaries of the Harpers Ferry National Historical Park; and (3) Provide, directly or by contract, subject to the provisions of the Act of June 7, 1974, an interpretive shuttle transportation service within, between, and among lands acquired for the purpose of sections 450bb to 450bb-2 of this title for such times and upon such terms as in his judgment will best accomplish the purposes of sections 450bb to 450bb-2 of this title. -SOURCE- (June 30, 1944, ch. 328, Sec. 3, 58 Stat. 646; May 29, 1963, Pub. L. 88-33, 77 Stat. 52; Oct. 24, 1974, Pub. L. 93-466, Sec. 1(2), 88 Stat. 1420.) -REFTEXT- REFERENCES IN TEXT Act of June 7, 1974, referred to in par. (3), is Pub. L. 93-303, June 7, 1974, 88 Stat. 192, which amended sections 460l-6a, 460l-8, and 460l-10a of this title. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1974 - Par. (3). Pub. L. 93-466 added par. (3). -CHANGE- CHANGE OF NAME 'Harpers Ferry National Historical Park' substituted in text for 'Harpers Ferry National Monument' in view of redesignation of Harpers Ferry National Monument as Harpers Ferry National Historical Park by Pub. L. 88-33, classified to section 450bb-6 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 450bb, 450bb-3, 450bb-6 of this title. ------DocID 20841 Document 1002 of 1400------ -CITE- 16 USC Sec. 450ff-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450ff-2. Administration, protection, and development -STATUTE- The administration, protection, and development of the aforesaid national historic site shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of sections 1 and 2 to 4 of this title as amended. -SOURCE- (June 19, 1948, ch. 546, Sec. 3, 62 Stat. 533; June 30, 1961, Pub. L. 87-78, Sec. 4, 75 Stat. 197.) -CHANGE- CHANGE OF NAME 'National historic site' substituted in text for 'national monument' in view of redesignation of Fort Vancouver National Monument as Fort Vancouver National Historic Site by Pub. L. 87-78, classified to section 450ff-6 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 450ff-1, 450ff-3 of this title. ------DocID 20849 Document 1003 of 1400------ -CITE- 16 USC Sec. 450hh-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450hh-2. Administration -STATUTE- The national monument shall be administered by the Secretary of the Interior, through the National Park Service, subject to the provisions of sections 1 and 2 to 4 of this title, as amended and supplemented, and sections 461 to 467 of this title. -SOURCE- (June 8, 1949, ch. 180, Sec. 3, 63 Stat. 158.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 20852 Document 1004 of 1400------ -CITE- 16 USC Sec. 450ii-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450ii-2. Continuation of leases, permits, and licenses -STATUTE- All leases, permits, and licenses issued or authorized by any department, establishment, or agency of the United States, with respect to the Federal lands excluded from the Joshua Tree National Monument by sections 450ii to 450ii-3 of this title, which are in effect on September 25, 1950, shall continue in effect, subject to compliance with the terms and conditions therein set forth, until terminated in accordance with the provisions thereof. -SOURCE- (Sept. 25, 1950, ch. 1030, Sec. 3, 64 Stat. 1035.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 450ii-1 of this title. ------DocID 20856 Document 1005 of 1400------ -CITE- 16 USC Sec. 450jj-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450jj-2. Railroad agreement as condition precedent to undertaking memorial project -STATUTE- The memorial project authorized herein shall not be undertaken until there shall have been reached an agreement satisfactory to the Secretary of the Interior providing for the relocation of the railroad tracks and structures now situated on lands adjacent to the Jefferson National Expansion Memorial National Historic Site, between the boundary of the site and the river. Such agreement shall contain such terms as may be deemed desirable by the Secretary but shall contain a provision limiting the Federal expenditure of funds in connection with such relocation of the tracks and structures to work undertaken within the historic site area. -SOURCE- (May 17, 1954, ch. 204, Sec. 3, 68 Stat. 99.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means act May 17, 1954, which is generally classified to sections 450jj to 450jj-9 of this title. For complete classification of this Act to the Code, see Tables. ------DocID 20868 Document 1006 of 1400------ -CITE- 16 USC Sec. 450ll-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450ll-2. Maintenance of museum; provision for parks, construction of roads and use of markers -STATUTE- The Secretary of the Interior is authorized to - (1) maintain, either in an existing structure acquired under section 450ll of this title or in a building constructed by him for the purpose, a museum for relics and records pertaining to Booker T. Washington, and for other articles of national and patriotic interest, and to accept, on behalf of the United States, for installation in such museum, articles which may be offered as additions to the museum; and (2) provide for public parks and recreational areas, construct roads and mark with monuments, tablets, or otherwise, points of interest, within the boundaries of the Booker T. Washington National Monument. -SOURCE- (Apr. 2, 1956, ch. 158, Sec. 3, 70 Stat. 86.) ------DocID 20871 Document 1007 of 1400------ -CITE- 16 USC Sec. 450mm-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450mm-2. Acquisition of lands -STATUTE- Within the area designated pursuant to section 450mm-1 of this title, the Secretary of the Interior is authorized to acquire land and interests in land by purchase, donation, with donated funds, or by such other means as he deems to be in the public interest. -SOURCE- (Pub. L. 85-435, Sec. 3, May 29, 1958, 72 Stat. 153.) ------DocID 20876 Document 1008 of 1400------ -CITE- 16 USC Sec. 450oo-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450oo-2. Procurement of other lands within monument -STATUTE- The Secretary of the Interior is authorized to procure any and all other lands or interests therein within the monument, including, but not limited to, any and all nontrust lands therein owned in fee simple by the Grand Portage Band of Chippewa Indians, Minnesota, and the council of said band is authorized to sell and convey such nontrust lands to the United States of America. -SOURCE- (Pub. L. 85-910, Sec. 3, Sept. 2, 1958, 72 Stat. 1752.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 450oo, 450oo-9 of this title. ------DocID 20887 Document 1009 of 1400------ -CITE- 16 USC Sec. 450pp-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450pp-2. Cooperation with city of Providence and local historical and preservation societies -STATUTE- (a) Maintenance, operation, and development The Secretary is authorized to cooperate with the city of Providence, local historical and preservation societies, and interested persons in the maintenance and operation of the Roger Williams National Memorial, and he may seek the assistance of and consult with such city, societies, and persons from time to time with respect to matters concerning the development and operation of the memorial. (b) Acceptance of gifts The Secretary may accept on behalf of the people of the United States gifts of historic objects and records pertaining to Roger Williams for appropriate display or other use in keeping with the commemoration of the founding of the principles of freedom in the United States and of the historical events that took place in the city of Providence in connection therewith. -SOURCE- (Pub. L. 89-293, Sec. 3, Oct. 22, 1965, 79 Stat. 1070.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 450pp-3 of this title. ------DocID 20892 Document 1010 of 1400------ -CITE- 16 USC Sec. 450rr-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450rr-2. Commendation -STATUTE- The Congress of the United States highly commends the members of the joint international expedition which discovered the R.M.S. Titanic. -SOURCE- (Pub. L. 99-513, Sec. 4, Oct. 21, 1986, 100 Stat. 2083.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 450rr, 450rr-1, 450rr-3, 450rr-4, 450rr-6 of this title. ------DocID 20917 Document 1011 of 1400------ -CITE- 16 USC Sec. 459a-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459a-2. Preservation of natural features; acquisition of additional property; reversion of property on failure of conditions -STATUTE- Except for certain portions of the area, deemed to be especially adaptable for recreational uses, particularly swimming, boating, sailing, fishing, and other recreational activities of similar nature, which shall be developed for such uses as needed, the said area shall be permanently reserved as a primitive wilderness and no development of the project or plan for the convenience of visitors shall be undertaken which would be incompatible with the preservation of the unique flora and fauna or the physiographic conditions now prevailing in this area: Provided, That the Secretary of the Interior may, in his discretion, accept for administration, protection, and development by the National Park Service a minimum of ten thousand acres within the area described in section 459 of this title, including the existing Cape Hatteras State Park, and, in addition, any other portions of the area described in section 459 of this title if the State of North Carolina shall agree that if all the lands described in section 459 of this title shall not have been conveyed to the United States within fifteen years from August 17, 1937, the establishment of the aforesaid national seashore recreational area may, in the discretion of the said Secretary, be abandoned, and that, in the event of such abandonment, the said State will accept a reconveyance of title to all lands conveyed by it to the United States for said national seashore recreational area. The lands donated to the United States for the purposes of sections 459 to 459a-3 of this title by parties other than said State shall revert in the event of the aforesaid abandonment to the donors, or their heirs, or other persons entitled thereto by law. In the event of said abandonment, the Secretary of the Interior shall execute any suitable quitclaim deeds, or other writings entitled to record in the proper counties of North Carolina stating the fact of abandonment, whereupon title shall revert to those entitled thereto by law and no further conveyance or proof of reversion of title shall be required. -SOURCE- (Aug. 17, 1937, ch. 687, Sec. 4, 50 Stat. 670; June 29, 1940, ch. 459, Sec. 1, 54 Stat. 702; Mar. 6, 1946, ch. 50, 60 Stat. 32.) -MISC1- AMENDMENTS 1946 - Act Mar. 6, 1946, substituted 'fifteen years' for 'ten years' before 'from August 17, 1937'. -CHANGE- CHANGE OF NAME Words 'national seashore recreational area' substituted in text for 'national seashore' pursuant to act June 29, 1940. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459a-1, 459a-3, 459a-5a of this title. ------DocID 20928 Document 1012 of 1400------ -CITE- 16 USC Sec. 459b-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459b-2. Establishment -STATUTE- (a) Notice in Federal Register As soon as practicable after August 7, 1961, and following the acquisition by the Secretary of an acreage in the area described in section 459b of this title that its in the opinion of the Secretary efficiently administrable to carry out the purposes of sections 459b to 459b-8 of this title, the Secretary shall establish Cape Cod National Seashore by the publication of notice thereof in the Federal Register. (b) Distribution of notice and map Such notice referred to in subsection (a) of this section shall contain a detailed description of the boundaries of the seashore which shall encompass an area as nearly as practicable identical to the area described in section 459b of this title. The Secretary shall forthwith after the date of publication of such notice in the Federal Register (1) send a copy of such notice, together with a map showing such boundaries, by registered or certified mail to the Governor of the Commonwealth of Massachusetts and to the board of selectmen of each of the towns referred to in section 459b of this title; (2) cause a copy of such notice and map to be published in one or more newspapers which circulate in each of such towns; and (3) cause a certified copy of such notice, a copy of such map, and a copy of sections 459b to 459b-8 of this title to be recorded at the registry of deeds for Barnstable County, Massachusetts. -SOURCE- (Pub. L. 87-126, Sec. 3, Aug. 7, 1961, 75 Stat. 288.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459b-1, 459b-3 to 459b-8 of this title. ------DocID 20937 Document 1013 of 1400------ -CITE- 16 USC Sec. 459c-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459c-2. Acquisition of property -STATUTE- (a) Authority of Secretary; manner and place; concurrence of State owner; transfer from Federal agency to administrative jurisdiction of Secretary; liability of United States under contracts contingent on appropriations The Secretary is authorized to acquire, and it is the intent of Congress that he shall acquire as rapidly as appropriated funds become available for this purpose or as such acquisition can be accomplished by donation or with donated funds or by transfer, exchange, or otherwise the lands, waters, and other property, and improvements thereon and any interest therein, within the areas described in section 459c-1 of this title or which lie within the boundaries of the seashore as established under section 459c-4 of this title (hereinafter referred to as 'such area'). Any property, or interest therein, owned by a State or political subdivision thereof may be acquired only with the concurrence of such owner. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of sections 459c to 459c-7 of this title. In exercising his authority to acquire property in accordance with the provisions of this subsection, the Secretary may enter into contracts requiring the expenditure, when appropriated, of funds authorized by section 459c-7 of this title, but the liability of the United States under any such contract shall be contingent on the appropriation of funds sufficient to fulfill the obligations thereby incurred. (b) Payment for acquisition; fair market value The Secretary is authorized to pay for any acquisitions which he makes by purchase under sections 459c to 459c-7 of this title their fair market value, as determined by the Secretary, who may in his discretion base his determination on an independent appraisal obtained by him. (c) Exchange of property; cash equalization payments In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property located within such area and convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary within California and adjacent States, notwithstanding any other provision of law. The properties so exchanged shall be approximately equal in fair market value, provided that the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged. -SOURCE- (Pub. L. 87-657, Sec. 3, Sept. 13, 1962, 76 Stat. 539; Pub. L. 91-223, Sec. 2(a), Apr. 3, 1970, 84 Stat. 90.) -MISC1- AMENDMENTS 1970 - Pub. L. 91-223 substituted introductory 'The' for 'Except as provided in section 459c-3 of this title, the'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459c-4, 459c-5, 459c-6, 459c-6b, 459c-7 of this title. ------DocID 20947 Document 1014 of 1400------ -CITE- 16 USC Sec. 459d-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459d-2. Establishment -STATUTE- (a) Notice in Federal Register As soon as practicable after September 28, 1962 and following the acquisition by the Secretary of an acreage in the area described in section 459d of this title, that is in the opinion of the Secretary efficiently administrable to carry out the purposes of sections 459d to 459d-7 of this title, the Secretary shall establish the area as a national seashore by the publication of notice thereof in the Federal Register. (b) Distribution of notice and map Such notice referred to in subsection (a) of this section shall contain a detailed description of the boundaries of the seashore which shall encompass an area as nearly as practicable identical to the area described in section 459d of this title. The Secretary shall forthwith after the date of publication of such notice in the Federal Register (1) send a copy of such notice, together with a map showing such boundaries, by registered or certified mail to the Governor of the State and to the governing body of each of the political subdivisions involved; (2) cause a copy of such notice and map to be published in one or more newspapers which circulate in each of the localities; and (3) cause a certified copy of such notice, a copy of such map, and a copy of sections 459d to 459d-7 of this title to be recorded at the registry of deeds for the county involved. -SOURCE- (Pub. L. 87-712, Sec. 3, Sept. 28, 1962, 76 Stat. 651.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459d-1, 459d-4, 459d-6, 459d-7 of this title. ------DocID 20955 Document 1015 of 1400------ -CITE- 16 USC Sec. 459e-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459e-2. Zoning regulations -STATUTE- (a) Amendment; standards for approval of ordinances In order to carry out the provisions of section 459e-1 of this title the Secretary shall issue regulations, which may be amended from time to time, specifying standards that are consistent with the purposes of sections 459e to 459e-9 of this title for zoning ordinances which must meet his approval. (b) Commercial or industrial use prohibition; size, location or use restrictions for commercial, residential, and other structures; reconciliation of population with protection of natural resoruces The standards specified in such regulations shall have the object of (1) prohibiting new commercial or industrial uses, other than commercial or industrial uses which the Secretary considers are consistent with the purposes of sections 459e to 459e-9 of this title, of all property within the national seashore, and (2) promoting the protection and development for purposes of sections 459e to 459e-9 of this title of the land within the national seashore by means of limitations or restrictions on the size, location or use of any commercial, residential, and other structures. In accomplishing these objectives, such standards shall seek to reconcile the population density of the seashore on October 17, 1984, with the protection of the natural resources of the Seashore (FOOTNOTE 1) consistent with the purposes for which it has been established as provided by sections 459e to 459e-9 of this title. (FOOTNOTE 1) So in original. Probably should be 'seashore'. (c) Approval of ordinances Following issuance of such regulations the Secretary shall approve any zoning ordinance or any amendment to any approved zoning ordinance submitted to him that conforms to the standards contained in the regulations in effect at the time of adoption of the ordinance or amendment. Such approval shall remain effective for so long as such ordinance or amendment remains in effect as approved. (d) Adverse provisions and absence of notice for variance as requiring disapproval of ordinances No zoning ordinance or amendment thereof shall be approved by the Secretary which (1) contains any provisions that he considers adverse to the protection and development, in accordance with the purposes of sections 459e to 459e-9 of this title, of the area comprising the national seashore; or (2) fails to have the effect of providing that the Secretary shall receive notice of any variance granted under, or any exception made to, the application of such ordinance or amendment. (e) Termination of suspension of authority for acquisition by condemnation because of nonconforming variances and uses In the case of any property, including improved property but excluding undeveloped property in the Dune district referred to in section 459e-1(g) of this title, with respect to which the Secretary's authority to acquire by condemnation has been suspended under sections 459e to 459e-9 of this title if - (1) such property is, after October 17, 1984, made the subject of a variance under, or becomes for any reason an exception to, any applicable zoning ordinance approved under this section; and (2) such variance or exception results, or will result, in such property being used in a manner that fails to conform to any applicable standard contained in regulations of the Secretary issued pursuant to this section and in effect at the time such variance or exception took effect; then the suspension of the Secretary's authority to acquire such property by condemnation shall automatically cease. (f) Certificate of suspension of authority for acquisition by condemnation The Secretary shall furnish to any party in interest upon request a certificate indicating the property with respect to which the Secretary's authority to acquire by condemnation is suspended. (g) Injunctive relief; termination Notwithstanding any other provision of sections 459e to 459e-9 of this title, the Secretary of the Interior, acting through the Attorney General of the United States, may apply to the United States District Court for the Eastern District of New York for a temporary restraining order or injunction to prohibit the use of, including construction upon, any property within the seashore in a manner that - (1) will cause or is likely to cause significant harm to the natural resources of the seashore, or (2) is inconsistent with the purposes for which the seashore was established. Except to the extent the Court may deem necessary in extraordinary circumstances, no such order or injunction shall continue in effect for more than one hundred and eighty days. During the period of such order or injunction, the Secretary shall diligently and in good faith negotiate with the owner of the property to assure that following termination of the order or injunction, the inconsistent use is abated or the significant harm to the natural resources is mitigated. -SOURCE- (Pub. L. 88-587, Sec. 3, Sept. 11, 1964, 78 Stat. 930; Pub. L. 98-482, Sec. 3-5, Oct. 17, 1984, 98 Stat. 2256.) -MISC1- AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-482, Sec. 4, substituted 'by means of limitations or restrictions on the size, location or use of any commerical, residential, and other structures' for 'by means of acreage, frontage, and setback requirements' and required that the standards seek to reconcile the population density of the seashore on Oct. 17, 1984, with the protection of the natural resources of the seashore. Subsec. (e). Pub. L. 98-482, Sec. 3, designated part of existing provisions as pars. (1) and (2), made the provisions applicable to any property, and excluded undeveloped property in the Dune district. Subsec. (g). Pub. L. 98-482, Sec. 5, added subsec. (g). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459e-1, 459e-3, 459e-5, 459e-6, 459e-7, 459e-9 of this title. ------DocID 20968 Document 1016 of 1400------ -CITE- 16 USC Sec. 459f-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459f-2. Compensation for bridge construction costs; acquisition of land for park purposes -STATUTE- (a) Bridge construction costs; compensation of State; limitation of amount If the bridge from Sandy Point to Assateague Island is operated by the State of Maryland as a toll-free facility, the Secretary is authorized and directed to compensate said State in the amount of two-thirds of the cost of constructing the bridge, including the cost of bridge approaches, engineering, and all other related costs, but the total amount of such compensation shall be not more than $1,000,000; and he is authorized to enter into agreements with the State of Maryland relating to the use and management of the bridge. (b) Acquisition or lease of Federal lands for State park purposes; terms and conditions; reversion upon noncompliance; consideration for lease; amount of payment for conveyance of title and improvements; limitation of reimbursement for beach protection The State of Maryland shall have the right to acquire or lease from the United States such lands, or interests therein, on the island north of the area now used as a State park as the State may from time to time determine to be needed for State park purposes, and the Secretary is authorized and directed to convey or lease such lands, or interests therein, to the State for such purposes upon terms and conditions which he deems will assure it public use in harmony with the purposes of sections 459f to 459f-11 of this title. In the event any of such terms and conditions are not complied with, all the property, or any portion thereof, shall, at the option of the Secretary, revert to the United States, in its then existing condition. Any lease hereunder shall be for such consideration as the Secretary deems equitable; and any conveyance of title to land hereunder may be made only upon payment by the State of such amounts of money as were expended by the United States to acquire such land, or interests therein, and upon payments of such amounts as will reimburse the United States for the cost of any improvements placed thereon by the United States, including the cost to it of beach protection: Provided, That reimbursement for beach protection shall not exceed 30 per centum, as determined by the Secretary, of the total cost of the United States of such protection work. -SOURCE- (Pub. L. 89-195, Sec. 3, Sept. 21, 1965, 79 Stat. 825.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459f, 459f-1, 459f-4, 459f-5, 459f-7, 459f-10 of this title. ------DocID 20980 Document 1017 of 1400------ -CITE- 16 USC Sec. 459g-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459g-2. Establishment; notice in Federal Register; copies to Congress -STATUTE- When title to lands and interests in lands in an amount sufficient to constitute an efficiently administerable unit for the purposes of sections 459g to 459g-7 of this title is vested in the United States, the Secretary shall declare the establishment of the seashore by publication of notice thereof in the Federal Register. Such notice shall contain a refined description or map of the boundaries of the seashore as the Secretary may find desirable and such exterior boundaries shall encompass, as nearly as possible, the area generally described in section 459g of this title. Copies of said description or map shall be furnished to the Speaker of the House and the President of the Senate not less than thirty days prior to publication in the Federal Register. Following such establishment, and subject to the limitations and conditions prescribed in sections 459g to 459g-7 of this title, the Secretary may, subject to the provisions of section 459g-1 of this title, acquire the remainder of the lands and interests in lands within the boundaries of the seashore. -SOURCE- (Pub. L. 89-366, Sec. 3, Mar. 10, 1966, 80 Stat. 35; Pub. L. 93-477, title IV, Sec. 406(3), Oct. 26, 1974, 88 Stat. 1448.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-477 substituted 'in an amount sufficient to constitute an efficiently administerable unit for the purposes of sections 459g to 459g-7 of this title' for 'which under section 459g-1(a) of this title may be acquired for the purposes of the seashore by donation only', and 'establishment of the seashore by publication' for 'establishment of the Cape Lookout National Seashore by publication'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459g-1, 459g-4, 459g-5, 459g-7 of this title. ------DocID 20988 Document 1018 of 1400------ -CITE- 16 USC Sec. 459h-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459h-2. Designation by Secretary of hunting and fishing zones; consultation with appropriate State agencies -STATUTE- The Secretary shall permit hunting and fishing on lands and waters within the seashore in accordance with applicable Federal and States laws: Provided, That he may designate zones where, and establish periods when, no hunting or fishing will be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any regulations issued by the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State agencies responsible for hunting and fishing activities. -SOURCE- (Pub. L. 91-660, Sec. 3, Jan. 8, 1971, 84 Stat. 1968.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459h-1, 459h-4, 459h-5, 459h-6, 459h-8, 459h-9 of this title. ------DocID 20999 Document 1019 of 1400------ -CITE- 16 USC Sec. 459i-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459i-2. Cumberland Island Parkway; right-of-way; administration; regulations -STATUTE- For the purpose of providing access from Interstate 95 to the mainland administrative and visitor facilities of the seashore, the Secretary may designate as the Cumberland Island Parkway a right-of-way, together with adjacent or related sites for public noncommercial recreational use and for interpretation of scenic and historic values, of not more than one thousand acres of lands, waters, and interests therein. The Secretary is authorized to acquire only by donation those lands and interests therein, and other property comprising such right-of-way, and adjacent or related sites as he may designate pursuant to sections 459i to 459i-9 of this title for the development, hereby authorized, of a roadway of parkway standards, including necessary bridges, spurs, connecting roads, access roads, and other facilities, and for the development and interpretation of recreation areas and historic sites in connection therewith. Lands acquired for the parkway shall be administered as a part of the seashore, subject to all laws and regulations applicable thereto, and subject to such special regulations as the Secretary may promulgate for the parkway. -SOURCE- (Pub. L. 92-536, Sec. 3, Oct. 23, 1972, 86 Stat. 1066.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459i-5, 459i-6, 459i-7 of this title. ------DocID 21009 Document 1020 of 1400------ -CITE- 16 USC Sec. 459j-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459j-2. Improved property -STATUTE- (a) Owner's reservation of right of use and occupancy for residential purposes for life or fixed term of years; exception of property for visitor facilities, access to, or administration of seashore; compensation Except for property deemed necessary by the Secretary for visitor facilities, or for access to or administration of the seashore, any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term not to exceed twenty-five years, or in lieu thereof, for a term ending at the death of the owner, or the death of his spouse, whichever is the later. The owner shall elect the term to be reserved. Unless the property is wholly or partially donated to the United States, the Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner. (b) Termination of use and occupancy upon inconsistent use; tender of compensation The Secretary may terminate a right of use and occupancy retained pursuant to this section upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of sections 459j to 459j-8 of this title, and upon tender to the holder of the right of an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination. (c) 'Improved property' defined The term 'improved property', as used in this section shall mean a detached, noncommercial residential dwelling, the construction of which was begun before January 1, 1971 (hereafter referred to as 'dwelling'), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures, necessary to the dwelling which are situated on the land so designated. (d) Condemnation as means for acquiring clear and marketable title Except as otherwise provided, the Secretary shall have the authority to use condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances. -SOURCE- (Pub. L. 93-626, Sec. 3, Jan. 3, 1975, 88 Stat. 2123.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459j-1, 459j-4, 459j-5, 459j-6, 459j-8 of this title. ------DocID 21026 Document 1021 of 1400------ -CITE- 16 USC Sec. 460a-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXV -HEAD- Sec. 460a-2. Blue Ridge Parkway; establishment; administration and maintenance -STATUTE- All lands and easements heretofore or hereafter conveyed to the United States by the States of Virginia and North Carolina for the right-of-way for the projected parkway between the Shenandoah and Great Smoky Mountains National Parks, together with sites acquired or to be acquired for recreational areas in connection therewith, and a right-of-way for said parkway of a width sufficient to include the highway and all bridges, ditches, cuts, and fills appurtenant thereto, but not exceeding a maximum of two hundred feet through Government-owned lands (except that where small parcels of Government-owned lands would otherwise be isolated, or where topographic conditions or scenic requirements are such that bridges, ditches, cuts, fills, parking overlooks, landscape development, recreational and other facilities requisite to public use of said parkway could not reasonably be confined to a width of two hundred feet, the said maximum may be increased to such width as may be necessary, with the written approval of the department or agency having jurisdiction over such lands) as designated on maps heretofore or hereafter approved by the Secretary of the Interior, shall be known as the Blue Ridge Parkway and shall be administered and maintained by the Secretary of the Interior through the National Park Service, subject to the provisions of sections 1 and 2 to 4 of this title, the provisions of which sections, as amended and supplemented, are extended over and made applicable to said parkway: Provided, That the Secretary of Agriculture is authorized, with the concurrence of the Secretary of the Interior, to connect with the parkway such roads and trails as may be necessary for the protection, administration, or utilization of adjacent and nearby national forests and the resources thereof: And provided further, That the Forest Service and the National Park Service shall, insofar as practicable, coordinate and correlate such recreational development as each may plan, construct, or permit to be constructed, on lands within their respective jurisdictions which, by mutual agreement, should be given special treatment for recreational purposes. -SOURCE- (June 30, 1936, ch. 883, Sec. 1, 49 Stat. 2041; June 8, 1940, ch. 277, 54 Stat. 249.) -MISC1- AMENDMENTS 1940 - Act June 8, 1940, inserted exceptions set out in parenthesis. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Administrator of General Services transferred to Secretary of Commerce by Reorg. Plan No. 7 of 1949, Sec. 2, eff. Aug. 20, 1949, 14 F.R. 5228, 63 Stat. 1070, set out in the Appendix to Title 5. Functions, powers, and duties of Secretary of Commerce and other officers and offices of Department of Commerce relating generally to highways under Reorg. Plan No. 7 of 1949 transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(a)(1)(M), Oct. 15, 1966, 80 Stat. 938. Reorg. Plan No. 7 of 1949 was amended by section 2(b) of Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2439, to reflect such transfer. Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, ch. 288, title I, 63 Stat. 380. Both Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. Section 103 is classified to section 753 of Title 40, Public Buildings, Property, and Works. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works. -CROSS- CROSS REFERENCES Acceptance of lands conveyed for purposes of Blue Ridge Parkway, see section 460a-1 of this title. ------DocID 21040 Document 1022 of 1400------ -CITE- 16 USC Sec. 460d-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXVI -HEAD- Sec. 460d-2. Adjustment by Secretary of Agriculture -STATUTE- The Secretary of Agriculture is authorized to amend any lease entered into with respect to lands under the jurisdiction of the Forest Service providing for the construction, maintenance, and operation of commercial recreational facilities at a Federal reservoir project so as to provide for the adjustment, either by increase or decrease, from time to time during the term of such lease of the amount of rental or other consideration payable to the United States under such lease, when and to the extent he determines such adjustment to be necessary or advisable in the public interest. No adjustment shall be made under the authority of this section so as to increase or decrease the amount of rental or other consideration payable under such lease for any period prior to the date of such adjustment. -SOURCE- (Pub. L. 87-411, Mar. 3, 1962, 76 Stat. 20.) ------DocID 21052 Document 1023 of 1400------ -CITE- 16 USC Sec. 460k-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXVIII -HEAD- Sec. 460k-2. Cooperation with agencies, organizations and individuals; acceptance of donations; restrictive covenants -STATUTE- In furtherance of the purposes of this subchapter, the Secretary is authorized to cooperate with public and private agencies, organizations, and individuals, and he may accept and use, without further authorization, donations of funds and real and personal property. Such acceptance may be accomplished under the terms and conditions of restrictive covenants imposed by donors when such covenants are deemed by the Secretary to be compatible with the purposes of the wildlife refuges, games ranges, fish hatcheries, and other fish and wildlife conservation areas. -SOURCE- (Pub. L. 87-714, Sec. 3, Sept. 28, 1962, 76 Stat. 653.) ------DocID 6946 Document 1024 of 1400------ -CITE- 2 USC Sec. 30a -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 30a. Jury duty exemption of elected officials of legislative branch -STATUTE- (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. -SOURCE- (Pub. L. 101-520, title III, Sec. 310, Nov. 5, 1990, 104 Stat. 2278.) -COD- CODIFICATION Section is from the Legislative Branch Appropriations Act, 1991. ------DocID 21093 Document 1025 of 1400------ -CITE- 16 USC Sec. 460m-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXX -HEAD- Sec. 460m-2. Reservation of use and occupancy of improved property for noncommercial residential purposes; term; valuation -STATUTE- Any owner or owners, including beneficial owners (hereinafter in this section referred to as 'owner'), of improved property on the date of its acquisition by the Secretary may, as a condition to such acquisition, retain the right of use and occupancy of the improved property for noncommercial residential purposes for a term ending at the death of such owner, or the death of his spouse, or at the death of the survivor of either of them. The owner shall elect the term to be reserved. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner. -SOURCE- (Pub. L. 88-492, Sec. 3, Aug. 27, 1964, 78 Stat. 608.) ------DocID 21126 Document 1026 of 1400------ -CITE- 16 USC Sec. 460n-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXII -HEAD- Sec. 460n-2. Hualapai Indian lands; inclusion within area; mineral rights; leases and permits; hunting and fishing rights -STATUTE- The authorities granted by this subchapter shall be subject to the following exceptions and qualifications when exercised with respect to any tribal or allotted lands of the Hualapai Indians that may be included within the exterior boundaries of the Lake Mead National Recreation Area: (a) The inclusion of Indian lands within the exterior boundaries of the area shall not be effective until approved by the Hualapai Tribal Council. (b) Mineral developments or use of the Indian lands shall be permitted only in accordance with the laws that relate to Indian lands. (c) Leases and permits for general recreational use, business sites, home sites, vacation cabin sites, and grazing shall be executed in accordance with the laws relating to leases of Indian lands, provided that all development and improvement leases so granted shall conform to the development program and standards prescribed for the Lake Mead National Recreation Area. (d) Nothing in this subchapter shall deprive the members of the Hualapai Tribe of hunting and fishing privileges presently exercised by them, nor diminish those rights and privileges of that part of the reservation which is included in the Lake Mead Recreation Area. -SOURCE- (Pub. L. 88-639, Sec. 3, Oct. 8, 1964, 78 Stat. 1039.) ------DocID 21137 Document 1027 of 1400------ -CITE- 16 USC Sec. 460o-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXIII -HEAD- Sec. 460o-2. Designation of area; boundaries -STATUTE- (a) Publication in Federal Register; description of boundaries; administration of transferred lands and waters As soon as practicable after September 1, 1965, and following the transfer to the Secretary of the Interior by the Secretary of the Army of jurisdiction over those lands and interests therein within the boundary generally depicted on the drawing described in section 460o-1 of this title which, in the opinion of the Secretary of the Interior, constitute an efficiently administrable unit, the Secretary of the Interior shall declare establishment of the area by publication of notice thereof in the Federal Register. Such notice shall contain a detailed description of the boundaries of the area which shall encompass, to the extent practicable, the lands and waters shown on said drawing. Prior to such establishment, the Secretary of the Interior shall administer such transferred lands and waters, consistent with the construction of the project, for purposes in contemplation of the establishment of the area pursuant to this subchapter. (b) Adjustments in boundaries; publication in Federal Register; acquisition of additional lands; acreage limitations The Secretary of the Interior may subsequently make adjustments in the boundary of the area by publication of the amended description thereof in the Federal Register and acquire, by such means as he may deem to be in the public interest, including an exchange of excluded for included lands or interests therein with or without the payment or receipt of money to equalize values, additional lands and interests therein included in the area by reason of the boundary adjustment: Provided, That the area encompassed by such revised boundary shall not exceed the acreage included within the detailed boundary first described pursuant to this section. (c) Continuance of existing uses On lands acquired pursuant to this subchapter for recreation purposes, the Secretary of the Army, with the concurrence of the Secretary of the Interior, may permit the continuance of existing uses consistent with the purposes of this subchapter. -SOURCE- (Pub. L. 89-158, Sec. 3, Sept. 1, 1965, 79 Stat. 613.) ------DocID 21146 Document 1028 of 1400------ -CITE- 16 USC Sec. 460p-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXIV -HEAD- Sec. 460p-2. Acquisition of lands, etc. -STATUTE- (a) Authority of Secretary; manner and place; boundaries of Monongahela National Forest; concurrence of State owner The Secretary shall acquire by purchase with donated or appropriated funds, by gift, exchange, condemnation, transfer from any Federal agency, or otherwise, such lands, waters, or interests therein within the boundaries of the recreation area as he determines to be needed or desirable for the purposes of this subchapter. For the purposes of section 460l-9 of this title, the boundaries of the Monongahela National Forest, as designated by the Secretary pursuant to section 460p-1 of this title, shall be treated as if they were the boundaries of that forest on January 1, 1965. Lands, waters, or interests therein owned by the State of West Virginia or any political subdivision of that State may be acquired only with the concurrence of such owner. (b) Transfer from Federal agency to administrative jurisdiction of Secretary Notwithstanding any other provision of law, any Federal property located within the boundaries of the recreation area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in implementing the purposes of this subchapter. (c) Exchange of property In exercising his authority to acquire lands by exchange the Secretary may accept title to non-Federal property within the recreation area and convey to the grantor of such property any federally owned property in the State of West Virginia under his jurisdiction. (d) State expenditures for public schools, public roads, or other public purposes The portion of the moneys paid to the State of West Virginia under the provisions of section 500 of this title for expenditure for the benefit of Pendleton and Grant Counties, West Virginia, may be expended as the State legislature may prescribe for the benefit of such counties for public schools, public roads, or other public purposes. -SOURCE- (Pub. L. 89-207, Sec. 3, Sept. 28, 1965, 79 Stat. 843.) ------DocID 21153 Document 1029 of 1400------ -CITE- 16 USC Sec. 460q-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXV -HEAD- Sec. 460q-2. Establishment of units; publication in Federal Register; boundary descriptions -STATUTE- (a) Shasta; Clair Engle-Lewiston When the Secretary of Agriculture determines that sufficient lands, waters, or interest therein are owned or have been acquired by the United States within the boundaries of the Shasta unit or within the boundaries of the Clair Engle-Lewiston unit to permit efficient initial development and administration for the purposes of this subchapter, he shall publish in the Federal Register a notice to that effect and a detailed description of the boundaries of such unit. (b) Whiskeytown When the Secretary of the Interior determines that sufficient lands, waters, or interest therein are owned or have been acquired by the United States within the boundaries of the Whiskeytown unit to permit efficient initial development and administration for the purposes of this subchapter, he shall publish in the Federal Register a notice to that effect and a detailed description of the boundaries of the unit. (c) Acquisition of property Following the publication of any such notice, the respective Secretaries may continue to acquire the remaining property within the recreation area. -SOURCE- (Pub. L. 89-336, Sec. 3, Nov. 8, 1965, 79 Stat. 1297.) ------DocID 21164 Document 1030 of 1400------ -CITE- 16 USC Sec. 460r-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXVI -HEAD- Sec. 460r-2. Acquisition of lands -STATUTE- (a) Authority of Secretary; manner and place; concurrence of State owner The Secretary shall acquire by purchase with donated or appropriated funds, by gift, exchange, condemnation, transfer from any Federal agency, or otherwise, such lands, waters, or interests therein, including scenic or other easements within the boundaries of the recreation area as he determines to be needed or desirable for the purposes of this subchapter. Lands, waters, or interests therein owned by the State of Virginia or any political subdivision of that State may be acquired only with the concurrence of such owner. (b) Transfer from Federal agency to administrative jurisdiction of Secretary Notwithstanding any other provision of law, any Federal property located within the boundaries of the recreation area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in implementing the purpose of this subchapter. (c) Exchange of property In exercising his authority to acquire lands by exchange the Secretary may accept title to non-Federal property within the recreation area and convey to the grantor of such property any federally owned property in the State of Virginia under his jurisdiction. -SOURCE- (Pub. L. 89-438, Sec. 3, May 31, 1966, 80 Stat. 190.) ------DocID 21171 Document 1031 of 1400------ -CITE- 16 USC Sec. 460s-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXVII -HEAD- Sec. 460s-2. Direction for establishment; publication in Federal Register -STATUTE- As soon as practicable after October 15, 1966, and following the acquisition by the Secretary of an acreage within the boundaries of the area which in his opinion is efficiently administrable for the purposes of this subchapter, he shall establish the Pictured Rocks National Lakeshore by publication of notice thereof in the Federal Register. -SOURCE- (Pub. L. 89-668, Sec. 3, Oct. 15, 1966, 80 Stat. 922.) ------DocID 21186 Document 1032 of 1400------ -CITE- 16 USC Sec. 460t-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXVIII -HEAD- Sec. 460t-2. Administration -STATUTE- (a) Coordination The Secretary shall coordinate administration of the recreation area with the other purposes of the Yellowtail Reservoir project so that it will in his judgment best provide (1) for public outdoor recreation benefits, (2) for conservation of scenic, scientific, historic, and other values contributing to public enjoyment and (3) for management, utilization, and disposal of renewable natural resources in a manner that promotes, or is compatible with, and does not significantly impair, public recreation and conservation of scenic, scientific, historic, or other values contributing to public enjoyment. (b) Utilization of statutory authorities In the administration of the area for the purposes of this subchapter, the Secretary may utilize such statutory authorities relating to areas administered and supervised by the Secretary through the National Park Service and such statutory authorities otherwise available to him for the conservation and management of natural resources as he deems appropriate to carry out the purposes of this subchapter. -SOURCE- (Pub. L. 89-664, Sec. 3, Oct. 15, 1966, 80 Stat. 914.) ------DocID 21192 Document 1033 of 1400------ -CITE- 16 USC Sec. 460u-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXIX -HEAD- Sec. 460u-2. Direction for establishment; publication in Federal Register; continuing acquisition of lands -STATUTE- As soon as practicable after November 5, 1966, and following the acquisition by the Secretary of an acreage within the boundaries of the area described in section 460u of this title which in his opinion is efficiently administrable for the purposes of this subchapter, he shall establish the Indiana Dunes National Lakeshore by publication of notice thereof in the Federal Register. By no later than October 1, 1977, the Secretary shall publish in the Federal Register a detailed description of the boundaries of the lakeshore and shall from time to time so publish any additional boundary changes as may occur. Following such establishment and subject to the limitations and conditions prescribed in section 460u of this title, the Secretary may continue to acquire lands and interests in lands for the lakeshore. -SOURCE- (Pub. L. 89-761, Sec. 3, Nov. 5, 1966, 80 Stat. 1309; Pub. L. 94-549, Sec. 1(2), Oct. 18, 1976, 90 Stat. 2529.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-549 inserted provision requiring the Secretary to publish in the Federal Register, no later than October 1, 1977, the boundaries of the lakeshore and from time to time publish any additional changes in the boundaries as they occur. ------DocID 21218 Document 1034 of 1400------ -CITE- 16 USC Sec. 460v-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXX -HEAD- Sec. 460v-2. Boundaries; adjustments; publication in Federal Register -STATUTE- Within six months after October 1, 1968, the Secretary shall publish in the Federal Register a detailed description of the boundaries of the recreation area. Following such publication, the Secretary may make minor adjustments in the boundary of the recreation area by publication of the amended description thereof in the Federal Register: Provided, That the total acreage of the recreation area within the adjusted boundary does not exceed the acreage of the recreation area as shown on the map referred to in section 460v of this title. -SOURCE- (Pub. L. 90-540, Sec. 3, Oct. 1, 1968, 82 Stat. 904.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460v-5 of this title. ------DocID 21228 Document 1035 of 1400------ -CITE- 16 USC Sec. 460w-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXI -HEAD- Sec. 460w-2. Acquisition of property; authority of Secretary; State and Federal lands -STATUTE- The Secretary may acquire within the boundaries of the lakeshore lands and interests therein by donation, purchase with donated or appropriated funds, or exchange, but lands and interests in lands owned by the State of Wisconsin may be acquired only by donation. Notwithstanding any other provision of law, any Federal property located within the boundaries of the lakeshore is hereby transferred without transfer of funds to the administrative jurisdiction of the Secretary for the purposes of the lakeshore: Provided, That the United States Coast Guard may retain a right to utilize a portion of such land and facilities for use as navigational aids so long as may be required. -SOURCE- (Pub. L. 91-424, Sec. 3, Sept. 26, 1970, 84 Stat. 880; Pub. L. 99-497, Sec. 1(2), Oct. 17, 1986, 100 Stat. 1267.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-497 substituted 'is hereby' for 'may, with the concurrence of the agency having custody thereof, be' and inserted proviso permitting the United States Coast Guard to utilize a portion of the lands and facilities for use as navigational aids as long as required. ------DocID 21237 Document 1036 of 1400------ -CITE- 16 USC Sec. 460x-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXII -HEAD- Sec. 460x-2. Designation of lakeshore areas -STATUTE- (a) Area categories; publication in Federal Register Within thirty days, or as soon as possible thereafter, after October 21, 1970, the Secretary shall publish in the Federal Register a map or other description of the lakeshore delineating areas constituting the following categories: Category I, public use and development areas. Category II, environmental conservation areas. Category III, private use and development areas. (b) Acquisition of lands and interests therein of category I areas Lands and interests therein designated as category I may be acquired by the Secretary in accordance with section 460x-7 of this title. (c) Designation of lands as within categories II and III for acquisition by Secretary; publication in Federal Register Within one hundred and fifty days after October 21, 1970, the Secretary shall publish in the Federal Register an additional map or other description of those lands, if any, designated as within categories II and III for acquisition by him in fee in accordance with section 460x-7 of this title. (d) Acquisition of interests in lands designated as category II; limitations Except as provided in subsection (f) of this section, the Secretary may, after the publication provided for in subsection (c) of this section, acquire only such interests in lands designated as category II, other than those to be acquired in fee simple, as he deems appropriate to insure the continued conservation and preservation of the environmental quality of the lakeshore. (e) Acquisition of interests in lands designated as category III; limitations Except as provided in subsection (f) of this section, the Secretary may, after the publication provided for in subsection (c) of this section, acquire only such interests in lands designated as category III, other than those lands to be acquired in fee simple, as he deems appropriate to protect lands designated for acquisition. (f) Restrictions on use and development of real property in categories II and III; notification of owners by Secretary of minimum restrictions on use and development for retention of property; compliance with restrictions as barring acquisition by Secretary; applicability to owners not notified by Secretary; acquisition from owners not agreeing to use of property in accordance with notice; acquisition of fee simple title Not later than one hundred and fifty days after October 21, 1970, the Secretary shall notify owners of real property in categories II and III, other than property designated by him for fee acquisition, of the minimum restrictions on use and development of such property under which such property can be retained in a manner compatible with the purpose for which the lakeshore was established. If the owner of any real property in categories II and III agrees to the use and development of his property in accordance with such restrictions, the Secretary may not acquire, without the consent of such owner, such property or interests therein for so long as the property affected is used in accordance with such restrictions, unless he determines that such property is needed for public use development. The foregoing limitations on acquisition shall also apply to any owners of real property to whom the Secretary did not, within the time set forth, give such a notice, except that if any property owner has not, within ninety days of the notice agreed to use the property in accordance with the notice, then the Secretary may acquire, without limitation, fee or lesser interests in property by any of the methods set forth in section 460x-7 of this title: Provided, That nothing contained in subsections (d) and (e) of this section, and in this subsection, which limits the acquisition of the fee simple title to property within the lakeshore, shall prevent the Secretary from acquiring, without the consent of the owner, the fee simple title whenever in the Secretary's judgment the estimated cost of acquiring the lesser interest would be a substantial percentage of the estimated cost of acquiring the fee simple title. -SOURCE- (Pub. L. 91-479, Sec. 3, Oct. 21, 1970, 84 Stat. 1075.) ------DocID 21254 Document 1037 of 1400------ -CITE- 16 USC Sec. 460y-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXIII -HEAD- Sec. 460y-2. Program of multiple usage and sustained yield of renewable natural resources; public and private assistance in preparation; provisions -STATUTE- The Secretary shall use public and private assistance as he may require, for the purpose of preparing for the Area a program of multiple usage and of sustained yield of renewable natural resources. Such program shall include but need not be limited to (1) a quantitative and qualitative analysis of the resources of the Area; (2) the proposed boundaries of the Area; (3) a plan of land use, development, and management of the Area together with any proposed cooperative activities with the State of California, local governments, and others; (4) a statement of expected costs and an economic analysis of the program with particular reference to costs to the United States and expected economic effects on local communities and governments; and (5) an evaluation by the Secretary of the program in terms of the public interest. -SOURCE- (Pub. L. 91-476, Sec. 3, Oct. 21, 1970, 84 Stat. 1068.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 460y, 460y-3 of this title. ------DocID 21265 Document 1038 of 1400------ -CITE- 16 USC Sec. 460z-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXIV -HEAD- Sec. 460z-2. Inland sector; establishment as buffer sector -STATUTE- The portion of the recreation area delineated as the 'Inland Sector' on the map referenced in section 460z-3 of this title is hereby established as an inland buffer sector in order to promote such management and use of the lands, waters, and other properties within such sector as will best protect the values which contribute to the purposes set forth in section 460z of this title. -SOURCE- (Pub. L. 92-260, Sec. 3, Mar. 23, 1972, 86 Stat. 99.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460z-5 of this title. ------DocID 21280 Document 1039 of 1400------ -CITE- 16 USC Sec. 460aa-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXV -HEAD- Sec. 460aa-2. Acquisition of land -STATUTE- (a) Authority of Secretary; manner; limitation; 'scenic easement' defined Except as provided in section 460aa-3 of this title, the Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, exchange, bequest, or otherwise any lands, or lesser interests therein, including mineral interests and scenic easements, which he determines are needed for the purposes of this subchapter: Provided, That acquisitions of lands or interests therein for access to and utilization of public property, and for recreation and other facilities, shall not exceed five per centum of the total acreage of all private property within the recreation area as of August 22, 1972. As used in this subchapter the term 'scenic easement' means the right to control the use of land in order to protect the esthetic values for the purposes of this subchapter, but shall not preclude the continuation of any use exercised by the owner as of August 22, 1972. (b) Offers of land; hardship from acquisition delays In exercising this authority to acquire lands, the Secretary shall give prompt and careful consideration to any offer made by an individual owning any land, or interest in land, within the boundaries described in section 460aa(b) of this title. In considering such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring his property. (c) Condemnation proceedings The Secretary may utilize condemnation proceedings without the consent of the owner to acquire private lands or interests therein pursuant to this section only in cases where, in his judgment, all reasonable efforts to acquire such lands or interests therein by negotiation have failed, and in such cases he shall acquire only such title as, in his judgment, is reasonably necessary to accomplish the objectives of this subchapter. (d) Exchange of property; cash equalization payments In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property, or interests therein, located within the recreation area and, notwithstanding any other provision of law, he may convey in exchange therefor any federally owned property within the State of Idaho which he classifies as suitable for exchange and which is under his administrative jurisdiction. The values of the properties so exchanged shall be approximately equal or, if they are not approximately equal, they shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. In the exercise of his exchange authority, the Secretary may utilize authorities and procedures available to him in connection with exchanges of national forest lands. (e) Mineral interests Nothing in this subchapter shall be construed as limiting the authority of the Secretary to acquire mineral interests in lands within the recreation area, with or without the consent of the owner. Upon acquisition of any such interest, the lands and/or minerals covered by such interest are by this subchapter withdrawn from entry or appropriation under the United States mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto. (f) State lands Any land or interest in land owned by the State of Idaho or any of its political subdivisions may be acquired only by donation or exchange. (g) Transfer from Federal agency to administrative jurisdiction of Secretary Notwithstanding any other provision of law, any Federal property located within the recreation area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the purposes of this subchapter. Lands acquired by the Secretary or transferred to his administrative jurisdiction within the recreation area shall become parts of the recreation area and of the national forest within or adjacent to which they are located. (h) Condemnation authority Except as otherwise provided, the Secretary shall have the authority to use condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances. -SOURCE- (Pub. L. 92-400, Sec. 3, Aug. 22, 1972, 86 Stat. 612.) -REFTEXT- REFERENCES IN TEXT The United States mining laws, referred to in subsec. (e), are classified generally to Title 30, Mineral Lands and Mining. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460aa-3 of this title. ------DocID 21296 Document 1040 of 1400------ -CITE- 16 USC Sec. 460bb-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXVI -HEAD- Sec. 460bb-2. Acquisition policy -STATUTE- (a) Authority of Secretary; exchange of property; disposal of certain lands; transfer from Federal agency to administrative jurisdiction of Secretary; facilities and improvements under permit from Secretary of the Army Within the boundaries of the recreation area, the Secretary may acquire lands, improvements, waters, or interests therein, by donation, purchase, exchange or transfer. Any lands, or interests therein, owned by the State of California or any political subdivision thereof, may be acquired only by donation. When any tract of land is only partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Any portion of land acquired outside the boundaries and not utilized for exchange shall be reported to the General Services Administration for disposal under the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.): Provided, That no disposal shall be for less than fair market value. Except as hereinafter provided, Federal property within the boundaries of the recreation area is hereby transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of this subchapter, subject to the continuation of such existing uses as may be agreed upon between the Secretary and the head of the agency formerly having jurisdiction over the property. Notwithstanding any other provision of law, the Secretary may develop and administer for the purposes of this subchapter structures or other improvements and facilities on lands for which he receives a permit of use and occupancy from the Secretary of the Army. (b) Transfer of certain properties to administrative jurisdiction of Secretary; military properties, reservation of use and occupancy by Secretary of the Army; radio receiver station, retention of jurisdiction when not superfluous Fort Cronkhite, Fort Barry, and the westerly one-half of Fort Baker, in Marin County, California, as depicted on the map entitled 'Golden Gate Military Properties' numbered NRAGG-20,002 and dated January 1972, which shall be on file and available for public inspection in the offices of the National Park Service, are hereby transferred to the jurisdiction of the Secretary for purposes of this subchapter, subject to continued use and occupancy by the Secretary of the Army of those lands needed for existing air defense missions, reserve activities and family housing, until he determines that such requirements no longer exist. The Coast Guard Radio Receiver Station, shall remain under the jurisdiction of the Secretary of the Department in which the Coast Guard is operating. When this station is determined to be excess to the needs of the Coast Guard, it shall be transferred to the jurisdiction of the Secretary for purposes of this subchapter. (c) Military property; public service facilities: construction, maintenance, and determinations of identity and location by Secretary of the Army The easterly one-half of Fort Baker in Marin County, California, shall remain under the jurisdiction of the Department of the Army. When this property is determined by the Department of Defense to be excess to its needs, it shall be transferred to the jurisdiction of the Secretary for purposes of this subchapter. The Secretary of the Army shall grant to the Secretary reasonable public access through such property to Horseshoe Bay, together with the right to construct and maintain such public service facilities as are necessary for the purposes of this subchapter. The precise facilities and location thereof shall be determined between the Secretary and the Secretary of the Army. (d) Presidio of San Francisco; use and occupation of certain acreage by Secretary Upon enactment, the Secretary of the Army shall grant to the Secretary the irrevocable use and occupancy of one hundred acres of the Baker Beach area of the Presidio of San Francisco, as depicted on the map referred to in subsection (b) of this section. (e) Use and occupancy of airfield acreage by Secretary The Secretary of the Army shall grant to the Secretary within a reasonable time, the irrevocable use and occupancy of forty-five acres of the Crissy Army Airfield of the Presidio, as depicted on the map referred to in subsection (b) of this section. (f) Transfer of remainder to administrative jurisdiction of Secretary; use and occupancy by Coast Guard under permit from Secretary When all or any substantial portion of the remainder of the Presidio is determined by the Department of Defense to be excess to its needs, such lands shall be transferred to the jurisdiction of the Secretary for purposes of this subchapter. The Secretary shall grant a permit for continued use and occupancy for that portion of said Fort Point Coast Guard Station necessary for activities of the Coast Guard. (g) Transfer of certain Coast Guard properties to administrative jurisdiction of Secretary; navigational aids: maintenance and operation by Coast Guard and plans for access to new installations Point Bonita, Point Diablo, Point Montara, and Lime Point shall remain under the jurisdiction of the Secretary of the Department in which the Coast Guard is operating. When this property is determined to be excess to the needs of the Coast Guard, it shall be transferred to the jurisdiction of the Secretary for purposes of this subchapter. The Coast Guard may continue to maintain and operate existing navigational aids: Provided, That access to such navigational aids and the installation of necessary new navigational aids within the recreation area shall be undertaken in accordance with plans which are mutually acceptable to the Secretary and the Secretary of the Department in which the Coast Guard is operating and which are consistent with both the purposes of this subchapter and the purpose of existing statutes dealing with establishment, maintenance, and operation of navigational aids. (h) Transfer of certain property of Navy Department to administrative jurisdiction of Secretary That portion of Fort Miley comprising approximately one and seven-tenths acres of land presently used and required by the Secretary of the Navy for its inshore, underseas warfare installations shall remain under the administrative jurisdiction of the Department of the Navy until such time as all or any portion thereof is determined by the Department of Defense to be excess to its needs, at which time such excess portion shall be transferred to the administrative jurisdiction of the Secretary for purposes of this subchapter. That property known as the Pillar Point Military Reservation, under the jurisdiction of the Secretary of Defense shall be transferred to the administrative jurisdiction of the Secretary at such time as the property, or any portion thereof, becomes excess to the needs of the Department of Defense. (i) New construction; limitation; notice and public hearing; exceptions New construction and development within the boundaries described in section 460bb-1(a) of this title on lands under the administrative jurisdiction of a department other than that of the Secretary is prohibited, except that improvements on lands which have not been transferred to his administrative jurisdiction may be reconstructed or demolished. Any such structure which is demolished may be replaced with an improvement of similar size, following consultation with the Secretary or his designated representative, who shall conduct a public hearing at a location in the general vicinity of the area, notice of which shall be given at least one week prior to the date thereof. The foregoing limitation on construction and development shall not apply to expansion of those facilities known as Letterman General Hospital or the Western Medical Institute of Research. (j) Owner's reservation of right of use and occupancy for residential purposes for fixed term of years or for life; election by owner; adjustment of compensation; termination of use and occupancy inconsistent with statutory purposes and upon tender of sum for unexpired right; lease of Federal lands: restrictive covenants, offer to prior owner or leaseholder The owner of improved residential property or of agricultural property on the date of its acquisition by the Secretary under this subchapter may, as a condition of such acquisition, retain for himself and his or her heirs and assigns a right of use and occupancy for a definite term of not more than twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or the death of his or her spouse, whichever is later. The owner shall elect the term to be reserved. Unless the property is wholly or partly donated to the United States, the Secretary shall pay to the owner the fair market value of the property on the date of acquisition minus the fair market value on that date of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his or her determination that it is being exercised in a manner inconsistent with the purposes of this subchapter, and it shall terminate by operation of law upon the Secretary's notifying the holder of the right of such determination and tendering to him or her an amount equal to the fair market value of that portion of the right which remains unexpired. Where appropriate in the discretion of the Secretary, he or she may lease federally owned land (or any interest therein) which has been acquired by the Secretary under this subchapter, and which was agricultural land prior to its acquisition. Such lease shall be subject to such restrictive covenants as may be necessary to carry out the purposes of this subchapter. Any land to be leased by the Secretary under this section shall be offered first for such lease to the person who owned such land or who was a leaseholder thereon immediately before its acquisition by the United States. (k) 'Improved and agricultural property' defined The term 'improved property', as used in subsection (j) of this section, means a detached, noncommercial residential dwelling, the construction of which was begun before June 1, 1971, or, in the case of areas added by action of the Ninety-fifth Congress, October 1, 1978, together with so much of the land on which the dwelling is situated, the said land being in the same ownership as dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated. The term 'agricultural property' as used in this subchapter means lands which are in regular use for agricultural, ranching, or dairying purposes as of January 1, 1978, together with residential and other structures related to the above uses of the property as such structures exist on said date. (l) Relocation assistance benefits and rights; waiver through retention of right of use and occupancy; displaced person status of owner Whenever an owner of property elects to retain a right of use and occupancy as provided for in this subchapter, such owner shall be deemed to have waived any benefits or rights accruing under sections 4623, 4624, 4625, and 4626 of title 42, and for the purposes of those sections such owner shall not be considered a displaced person as defined in section 4601(6) of title 42. (m) Acquisition of land; contract authority; installment payments; interest rate; provisions applicable to judgments against United States Notwithstanding any other provision of law, the Secretary shall have the same authority with respect to contracts for the acquisition of land and interests in land for the purposes of this subchapter as was given the Secretary of the Treasury for other land acquisitions by section 261 of title 40 relating to purchase of sites for public buildings, and the Secretary and the owner of land to be acquired under this subchapter may agree that the purchase price will be paid in periodic installments over a period that does not exceed ten years, with interest on the unpaid balance thereof at a rate which is not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities on the installments. Judgments against the United States for amounts in excess of the deposit in court made in condemnation actions shall be subject to the provisions of section 1304 of title 31 and sections 2414 and 2517 of title 28. (n) Management of State donated lands The Secretary shall accept and shall manage in accordance with this subchapter, any land and improvements adjacent to the recreation area which are donated by the State of California or its political subdivisions. The boundaries of the recreation area shall be changed to include such donated lands. (o) Payment deferral; scheduling; interest rate In acquiring those lands authorized by the Ninety-fifth Congress for the purposes of this subchapter, the Secretary may, when agreed upon by the landowner involved, defer payment or schedule payments over a period of ten years and pay interest on the unpaid balance at a rate not exceeding that paid by the Treasury of the United States for borrowing purposes. (p) San Francisco water department property; scenic and recreational easement With reference to those lands known as the San Francisco water department property shown on map numbered NRA GG-80,000-A, the Secretary shall administer such land in accordance with the provisions of the documents entitled 'Grant of Scenic Easement', and 'Grant of Scenic and Recreational Easement', both executed on January 15, 1969, between the city and county of San Francisco and the United States, including such amendments to the subject document as may be agreed to by the affected parties subsequent to December 28, 1980. The Secretary is authorized to seek appropriate agreements needed to establish a trail within this property and connecting with a suitable beach unit under the jurisdiction of the Secretary. -SOURCE- (Pub. L. 92-589, Sec. 3, Oct. 27, 1972, 86 Stat. 1299; Pub. L. 95-625, title III, Sec. 317(b)-(e), Nov. 10, 1978, 92 Stat. 3485; Pub. L. 96-607, title X, Sec. 1001(3)-(5), Dec. 28, 1980, 94 Stat. 3544.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that act relating to disposal of Government property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables. Upon enactment, referred to in subsec. (d), probably means the date of enactment of this subchapter by Pub. L. 92-589, which was Oct. 27, 1972. -COD- CODIFICATION In subsec. (m), 'section 1304 of title 31' substituted for 'the Act of July 27, 1956 (70 Stat. 624) (31 U.S.C. 724a)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -MISC3- AMENDMENTS 1980 - Subsec. (g). Pub. L. 96-607, Sec. 1001(3), inserted reference to Point Montara. Subsec. (h). Pub. L. 96-607, Sec. 1001(4), transferred to the jurisdiction of the Secretary the Pillar Point Military Reservation at such time as the property, or any portion thereof, becomes excess to the needs of the Department of Defense. Subsec. (p). Pub. L. 96-607, Sec. 1001(5), added subsec. (p). 1978 - Subsec. (i). Pub. L. 95-625, Sec. 317(b), in revising the text, substituted provision prohibiting new construction and development in the recreation area on lands under the administrative jurisdiction of a department other than that of the Secretary but authorized reconstruction or demolition of improvements upon the nontransferred lands of such agency after consultations with the Secretary and upon notice and hearing for prior provision limited to new construction and development on property under administrative jurisdiction of the Department of the Army required to accommodate facilities being relocated from property being transferred to administrative jurisdiction of the Secretary or directly related to the essential missions of the Sixth United States Army. Subsec. (j). Pub. L. 95-625, Sec. 317(c), substituted provision making the subsection applicable to improved residential property and agricultural property for prior provision for application to improved property of a noncommercial residential nature and authorized lease of Federally-owned lands, subject to restrictive covenants, with first offer to prior owner or leaseholder. Subsec. (k). Pub. L. 95-625, Sec. 317(d), defined 'improved property' to include residential dwelling, the construction of which was begun, in the case of areas added by action of the Ninety-fifth Congress, October 1, 1978, and included definition of 'agricultural property'. Subsecs. (n), (o). Pub. L. 95-625, Sec. 317(e), added subsecs. (n) and (o). ------DocID 21303 Document 1041 of 1400------ -CITE- 16 USC Sec. 460cc-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXVII -HEAD- Sec. 460cc-2. Administration -STATUTE- (a) Provisions applicable; utilization of authorities for conservation and management of wildlife and natural resources; Jamaica Bay Unit The Secretary shall administer the recreation area in accordance with the provisions of sections 1 and 2 to 4 of this title, as amended and supplemented. In the administration of the recreation area the Secretary may utilize such statutory authority available to him for the conservation and management of wildlife and natural resources as he deems appropriate to carry out the purposes of this subchapter: Provided, That the Secretary shall administer and protect the islands and waters within the Jamaica Bay Unit with the primary aim of conserving the natural resources, fish, and wildlife located therein and shall permit no development or use of this area which is incompatible with this purpose. (b) William Fitts Ryan Visitor Center; designation The Secretary shall designate the principal visitor center within the recreation area as the 'William Fitts Ryan Visitor Center' in commemoration of the leadership and contributions which Representative William Fitts Ryan made with respect to the creation and establishment of this public recreation area. To inform the public of the contributions of Representative Ryan to the creation of the recreation area, the Secretary shall provide such signs, markers, maps, interpretive materials, literature, and programs as he deems appropriate. Not later than December 31, 1980, the Secretary shall take such additional actions as he deems appropriate to recognize and commemorate the contributions of Representative Ryan to the recreation area. (c) Federal-State cooperative agreements for police and fire protection The Secretary is authorized to enter into cooperative agreements with the States of New York and New Jersey, or any political subdivision thereof, for the rendering, on a reimbursable basis, of rescue, firefighting, and law enforcement services and cooperative assistance by nearby law enforcement and fire preventive agencies. (d) Water resource developments The authority of the Secretary of the Army to undertake or contribute to water resource developments, including shore erosion control, beach protection, and navigation improvements (including the deepening of the shipping channel from the Atlantic Ocean to the New York harbor) on land and/or waters within the recreation area shall be exercised in accordance with plans which are mutually acceptable to the Secretary of the Interior and the Secretary of the Army and which are consistent with both the purpose of this subchapter and the purpose of existing statutes dealing with water and related land resource development. (e) Airway facilities; maintenance, operation, and installation; Jamaica Bay and Floyd Bennett Field restrictions The authority of the Secretary of Transportation to maintain and operate existing airway facilities and to install necessary new facilities within the recreation area shall be exercised in accordance with plans which are mutually acceptable to the Secretary of the Interior and the Secretary of Transportation and which are consistent with both the purpose of this subchapter and the purpose of existing statutes dealing with the establishment, maintenance, and operation of airway facilities: Provided, That nothing in this section shall authorize the expansion of airport runways into Jamaica Bay or air facilities at Floyd Bennett Field. (f) Hunting, fishing, and trapping The Secretary shall permit hunting, fishing, shellfishing, trapping, and the taking of specimens on the lands and waters under his jurisdiction within the Gateway National Recreation Area in accordance with the applicable laws of the United States and the laws of the States of New York and New Jersey and political subdivisions thereof, except that the Secretary may designate zones where and establish periods when these activities may not be permitted, for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. (g) Sandy Hook and Staten Island Units; programs for preservation, restoration, interpretation, and utilization of sites and structures In the Sandy Hook and Staten Island Units, the Secretary shall inventory and evaluate all sites and structures having present and potential historical, cultural, or architectural significance and shall provide for appropriate programs for the preservation, restoration, interpretation, and utilization of them. (h) Donations for services and facilities; acceptance Notwithstanding any other provision of law, the Secretary is authorized to accept donations of funds from individuals, foundations, or corporations for the purpose of providing services and facilities which he deems consistent with the purposes of this subchapter. (i) Rights to solid waste byproducts of Fountain Avenue Landfill; conveyance from United States to city of New York; rights-of-way and permits; conditions; payments to United States for development and improvement of Gateway National Recreation Area Notwithstanding the provisions of subsection (a) of this section, the United States hereby conveys to the city of New York all rights to the methane gas and associated byproducts resulting from solid waste decomposition on the area within the Jamaica Bay Unit known as the Fountain Avenue Landfill site, subject to payments to the United States of 50 per centum of the revenue received by the city of New York, if any, from the development of such rights. The Secretary shall grant to the City, its lessee or assignee, all rights-of-way and other permits necessary from the Department of the Interior to extract and transport the gas from the site: Provided, That the rights-of-way and other permits shall provide for reasonable restoration of the site, including removal of any processing or storage facilities used in the disposal, development, or extraction of the gas, access by the Secretary to the site for safety and other recreation area purposes, and such other reasonable conditions as the Secretary deems necessary to further purposes of the recreation area. All such payments to the United States shall be credited to the appropriations of the National Park Service for the development and improvement of Gateway National Recreation Area. -SOURCE- (Pub. L. 92-592, Sec. 3, Oct. 27, 1972, 86 Stat. 1309; Pub. L. 96-344, Sec. 11(1), Sept. 8, 1980, 94 Stat. 1136; Pub. L. 97-232, Sec. 1, Aug. 9, 1982, 96 Stat. 259.) -MISC1- AMENDMENTS 1982 - Subsec. (i). Pub. L. 97-232 added subsec. (i). 1980 - Subsec. (b). Pub. L. 96-344 struck out 'constructed' after 'visitor center' and inserted provision authorizing the Secretary to inform the public of the contributions of Representative Ryan to the creation of the recreation area by means of signs, markers, etc., and to take such additional action, not later than Dec. 31, 1980, as deemed appropriate to recognize and commemorate the contributions of Representative Ryan to the recreation area. ------DocID 21309 Document 1042 of 1400------ -CITE- 16 USC Sec. 460dd-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXVIII -HEAD- Sec. 460dd-2. Public lands -STATUTE- (a) Withdrawal from location, entry, and patent under Federal mining laws; removal of minerals The lands within the recreation area, subject to valid existing rights, are withdrawn from location, entry, and patent under the United States mining laws. Under such regulations as he deems appropriate, the Secretary shall permit the removal of the nonleasable minerals from lands or interests in lands within the national recreation area in the manner prescribed by section 387 of title 43, and he shall permit the removal of leasable minerals from lands or interests in lands within the recreation area in accordance with the Mineral Leasing Act of February 25, 1920, as amended, (30 U.S.C. 181 et seq.), or the Acquired Lands Mineral Leasing Act of August 7, 1947, (30 U.S.C. 351 et seq.), if he finds that such disposition would not have significant adverse effects on the Glen Canyon project or on the administration of the national recreation area pursuant to this subchapter. (b) Disposition of funds from permits and leases All receipts derived from permits and leases issued on lands in the recreation area under the Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C. 181 et seq.), or the Act of August 7, 1947 (30 U.S.C. 351 et seq.), shall be disposed of as provided in the applicable Act; and receipts from the disposition of nonleasable minerals within the recreation area shall be disposed of in the same manner as moneys received from the sale of public lands. -SOURCE- (Pub. L. 92-593, Sec. 3, Oct. 27, 1972, 86 Stat. 1312.) -REFTEXT- REFERENCES IN TEXT The United States mining laws, referred to in subsec. (a), are classified generally to Title 30, Mineral Lands and Mining. The Mineral Leasing Act of February 25, 1920, as amended, referred to in text, is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (Sec. 181 et seq.) of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables. The Acquired Lands Mineral Leasing Act of August 7, 1947, referred to in text, is act Aug. 7, 1947, ch. 513, 61 Stat. 913, as amended, which is classified generally to chapter 7 (Sec. 351 et seq.) of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 351 of Title 30 and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460dd-5 of this title. ------DocID 21322 Document 1043 of 1400------ -CITE- 16 USC Sec. 460ff-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XC -HEAD- Sec. 460ff-2. Land acquisition plan -STATUTE- (a) Submission to Congressional committees; time; contents Within one year after December 27, 1974, the Secretary shall submit, in writing, to the Committees on Interior and Insular Affairs and to the Committees on Appropriations of the United States Congress a detailed plan which shall indicate: (i) the lands and areas which he deems essential to the protection and public enjoyment of this recreation area, (ii) the lands which he has previously acquired by purchase, donation, exchange, or transfer for the purpose of this recreation area, and (iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years. (b) Congressional intent for land acquisition completion It is the express intent of the Congress that the Secretary should substantially complete the land acquisition program contemplated by this subchapter within six years after December 27, 1974. -SOURCE- (Pub. L. 93-555, Sec. 3, Dec. 27, 1974, 88 Stat. 1786.) -CHANGE- CHANGE OF NAME Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the 'Committee System Reorganization Amendments of 1977'), approved Feb. 4, 1977. ------DocID 21329 Document 1044 of 1400------ -CITE- 16 USC Sec. 460gg-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XCI -HEAD- Sec. 460gg-2. Federal power and water resources projects -STATUTE- (a) Licenses by Federal Energy Regulatory Commission Notwithstanding any other provision of law, or any authorization heretofore given pursuant to law, the Federal Energy Regulatory Commission may not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project work under the Federal Power Act (41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), within the recreation area: Provided, That the provisions of the Federal Power Act (41 Stat. 1063) shall continue to apply to any project (as defined in such Act), and all of the facilities and improvements required or used in connection with the operation and maintenance of said project, in existence within the recreation area which project is already constructed or under construction on December 31, 1975. (b) Assistance detrimental to protected waters No department or agency of the United States may assist by loan, grant, license, or otherwise the construction of any water resource facility within the recreation area which the Secretary determines would have a direct and adverse effect on the values for which the waters of the area are protected. -SOURCE- (Pub. L. 94-199, Sec. 4, Dec. 31, 1975, 89 Stat. 1118; Pub. L. 95-91, title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.) -REFTEXT- REFERENCES IN TEXT The Federal Power Act, referred to in subsec. (a), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally to chapter 12 (Sec. 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables. -TRANS- TRANSFER OF FUNCTIONS 'Federal Energy Regulatory Commission' substituted for 'Federal Power Commission' in subsec. (a) pursuant to Pub. L. 95-91, Sec. 402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare. Federal Power Commission terminated and functions with regard to licenses and permits for dams, reservoirs, or other works for development and improvement of navigation and for development and utilization of power across, along, from, or in navigable waters under part I of Federal Power Act (16 U.S.C. 792 et seq.) transferred to Federal Energy Regulatory Commission by sections 7172(a)(1)(A) and 7293 of Title 42. ------DocID 21344 Document 1045 of 1400------ -CITE- 16 USC Sec. 460hh-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XCII -HEAD- Sec. 460hh-2. Establishment of hunting and fishing zones; exceptions; consultation with State agencies -STATUTE- The Secretary shall permit hunting and fishing on lands and waters within the recreation area in accordance with applicable Federal and State laws: Provided, That he may designate zones where, and establish periods when, no hunting or fishing will be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any regulations issued by the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State agency responsible for hunting and fishing activities. -SOURCE- (Pub. L. 94-235, Sec. 3, Mar. 17, 1976, 90 Stat. 236.) ------DocID 21352 Document 1046 of 1400------ -CITE- 16 USC Sec. 460ii-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XCIII -HEAD- Sec. 460ii-2. Administration, protection, and development -STATUTE- (a) Applicability of statutory provisions; consideration of Federal, State, and local plans The Secretary shall administer, protect, and develop the recreation area in accordance with sections 1 and 2 to 4 of this title, and in accordance with any other statutory authorities available to him for the conservation and management of historic and natural resources, including fish and wildlife, to the extent he finds such authority will further the purposes of this subchapter and chapter 43 of this title. In developing and administering the recreation area, the Secretary shall take into consideration applicable Federal, State, and local recreation plans and resource use and development plans, including, but not limited to, the Atlanta Regional Commission Chattahoochee Corridor Study, dated July 1972. (b) Cooperative agreements with State or political subdivisions The Secretary is authorized and encouraged to enter into cooperative agreements with the State or its political subdivisions whereby he may assist in the planning for and interpretation of non-Federal publicly owned lands within or adjacent or related to the recreation area to assure that such lands are used in a manner consistent with the findings and purposes of this subchapter and chapter 43 of this title. (c) Consultation with Secretary of Army In planning for the development and public use of the recreation area, the Secretary shall consult with the Secretary of the Army to assure that public use of adjacent or related water resource development or flood control projects and that of the recreation area are complementary. (d) Establishment, regulations governing, etc., of fishing zones In administering the recreation area, the Secretary may permit fishing in waters under his jurisdiction in accordance with applicable State and Federal laws and regulations. The Secretary, after consultation with the appropriate State agency responsible for fishing activities, may designate zones where, and establish periods when, fishing shall be permitted and issue such regulations as he may determine to be necessary to carry out the provisions of this subsection. Except in emergencies, such regulations shall be put into effect only after consultation with the appropriate State agency. -SOURCE- (Pub. L. 95-344, title I, Sec. 103, Aug. 15, 1978, 92 Stat. 475.) ------DocID 21359 Document 1047 of 1400------ -CITE- 16 USC Sec. 460jj-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XCIV -HEAD- Sec. 460jj-2. Hunting and fishing -STATUTE- The Secretary shall permit hunting and fishing on lands and waters under the Secretary's jurisdiction within the boundaries of the Arapaho National Recreation Area in accordance with the laws of the United States and the State of Colorado, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, area general administration, or public use and enjoyment. Except in emergencies, any regulations made by the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department. -SOURCE- (Pub. L. 95-450, Sec. 6, Oct. 11, 1978, 92 Stat. 1097.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460jj-7 of this title. ------DocID 21370 Document 1048 of 1400------ -CITE- 16 USC Sec. 460ll-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XCVI -HEAD- Sec. 460ll-2. Designation of Rattlesnake National Recreation Area -STATUTE- An area of land as generally depicted as the 'Rattlesnake National Recreation Area' on a map entitled 'Rattlesnake National Recreation area and Wilderness - Proposed', and dated October 1, 1980, is hereby established as the Rattlesnake National Recreation Area. -SOURCE- (Pub. L. 96-476, Sec. 3, Oct. 19, 1980, 94 Stat. 2272.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460ll-3 of this title. ------DocID 21377 Document 1049 of 1400------ -CITE- 16 USC Sec. 460mm-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XCVIII -HEAD- Sec. 460mm-2. Establishment of recreation area -STATUTE- There is hereby established the White Mountains National Recreation Area containing approximately one million acres of public lands, as generally depicted on the map entitled 'White Mountains National Recreation Area - proposed', and dated October 1978. Subject to valid existing rights, the Secretary shall administer the area in accordance with the provisions of section 460mm-4 of this title and other applicable provisions of this Act, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable law. In planning for the recreational use and management of this area, the Secretary shall work closely with the State of Alaska. -SOURCE- (Pub. L. 96-487, title IV, Sec. 403, Dec. 2, 1980, 94 Stat. 2397.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The Federal Land Policy and Management Act of 1976, referred to in text, is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (Sec. 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460mm-1 of this title. ------DocID 21383 Document 1050 of 1400------ -CITE- 16 USC Sec. 460nn-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XCIX -HEAD- Sec. 460nn-2. Map and description -STATUTE- As soon as practicable after June 19, 1984, the Secretary of Agriculture shall file a map and legal description of the national recreation area designated by this subchapter with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. Such map and description shall have the same force and effect as if included in this subchapter, except that correction of clerical and typographical errors in such map and description may be made by the Secretary. Such map and description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. -SOURCE- (Pub. L. 98-322, title II, Sec. 203, June 19, 1984, 98 Stat. 257.) ------DocID 21394 Document 1051 of 1400------ -CITE- 16 USC Sec. 460rr-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CIII -HEAD- Sec. 460rr-2. Administration -STATUTE- (a) Objectives Subject to valid existing rights, the Pine Ridge National Recreation Area designated by this subchapter shall be administered by the Secretary of Agriculture in accordance with the laws, rules, and regulations applicable to the national forests in a manner compatible with the following objectives: (1) the continuation of existing primitive and semiprimitive recreational use in a natural environment; (2) preservation and protection of forest, aquatic and grassland habitat; (3) protection and conservation of special areas having uncommon or outstanding wilderness, biological, geological, recreational, cultural, historical or archeological, and scientific, or other values contributing to the public benefit; (4) the continuation of existing livestock grazing uses; (5) the control of noxious weeds and insects and prevention of their spreading onto the nearby private and Federal lands; and (6) the control of fires and prevention of their spreading onto nearby private and Federal lands. (b) Fire control; Memorandum of Agreement The Secretary shall enter into a Memorandum of Agreement with local and State firefighting agencies and individuals to assure the best utilization of the firefighting resources available in the nearby communities for control of fire in the national recreation area. (c) Hunting, fishing, and trapping The Secretary shall permit hunting, fishing, and trapping on lands and waters under the Secretary's jurisdiction within the boundaries of the national recreation area designated by this subchapter in accordance with applicable laws of the United States and the State of Nebraska. (d) Mining and mineral leasing laws Subject to valid existing rights, all Federal lands within the national recreation area are hereby withdrawn from location, entry, and patent under the United States mining laws, and from disposition under all laws pertaining to mineral and geothermal leasing and all amendments thereto. (e) State responsibilities with respect to wildlife and fish unaffected Nothing in this subchapter shall be construed as affecting the jurisdiction or responsibilities of the State of Nebraska with respect to wildlife and fish in the national recreation area. (f) Comprehensive management plan Within eighteen months after October 20, 1986, the Secretary shall develop and submit to the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a comprehensive management plan for the national recreation area designated by this subchapter. (g) Public participation in development of management plan In conducting the reviews and preparing the comprehensive management plan required by subsection (d) (FOOTNOTE 1) of this section, the Secretary shall provide for full public participation, and shall consider the views of all interested agencies, organizations, and individuals. (FOOTNOTE 1) So in original. Probably should be subsection '(f)'. -SOURCE- (Pub. L. 99-504, title II, Sec. 203, Oct. 20, 1986, 100 Stat. 1804.) -REFTEXT- REFERENCES IN TEXT The United States mining laws, referred to in subsec. (d), are classified generally to Title 30, Mineral Lands and Mining. Mineral leasing laws, referred to in subsec. (d), have been defined in sections 351, 505, 530, and 541e of Title 30, to mean acts Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41 Stat. 437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch. 66, 44 Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is known as the Mineral Leasing Act and is classified generally to chapter 3A (Sec. 181 et seq.) of Title 30. The act of Apr. 17, 1926, is classified generally to subchapter VIII (Sec. 271 et seq.) of chapter 3A of Title 30. The act of Feb. 7, 1927, is classified principally to subchapter IX (Sec. 281 et seq.) of chapter 3A of Title 30. For complete classification of these Acts to the Code, see Tables. Geothermal leasing laws, referred to in subsec. (d), are classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30. This subchapter, referred to in subsec. (e), was in the original 'this Act', meaning Pub. L. 99-504, Oct. 20, 1986, 100 Stat. 1802, known as the Nebraska Wilderness Act of 1985, which enacted this subchapter and provisions listed in a table set out under section 1132 of this title. For complete classification of this Act to the Code, see Tables. ------DocID 21398 Document 1052 of 1400------ -CITE- 16 USC Sec. 460ss-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CIV -HEAD- Sec. 460ss-2. Klamath Fishery Management Council -STATUTE- (a) Establishment There is established a Klamath Fishery Management Council (hereafter in this subchapter referred to as the 'Council'). (b) Functions (1) The Council shall - (A) establish a comprehensive long-term plan and policy, that must be consistent with the goals of the program, for the management of the in-river and ocean harvesting that affects or may affect Klamath and Trinity River basin anadromous fish populations; (B) make recommendations, that must be consistent with the plan and policy established under subparagraph (A) and with the standards in paragraph (2) - (i) to the California Fish and Game Commission regarding in-river and offshore recreational harvesting regulations, (ii) to the Oregon Department of Fish and Wildlife regarding offshore recreational harvesting regulations, (iii) to the Pacific Fishery Management Council regarding ocean harvesting regulations, (iv) to the Bureau of Indian Affairs regarding regulations for harvesting in the Area by non-Hoopa Indians, and (v) to the Hoopa Valley Business Council regarding regulations for harvesting in the Area by members of the Hoopa Indian Tribe; and (C) conduct public hearings on any regulation referred to in subparagraph (B)(i) through (v). (2) Any recommendation made by the Council under paragraph (1)(B) regarding harvesting regulations shall - (A) be based upon the best scientific information available; (B) minimize costs where practicable, and avoid unnecessary duplication of regulations; (C) take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches; and (D) be designed to achieve an escapement that preserves and strengthens the viability of the Area's natural anadromous fish populations. (c) Membership and appointment The Council is composed of 11 members as follows: (1) A representative, who shall be appointed by the Governor of California, of each of the following: (A) The commercial salmon fishing industry. (B) The in-river sportfishing community. (C) The offshore recreational fishing industry. (D) The California Department of Fish and Game. (2) A representative of the Hoopa Indian Tribe who shall be appointed by Hoopa Valley Business Council. (3) A representative, who shall be appointed by the Secretary, of each of the following: (A) The non-Hoopa Indians residing in the Area. (B) The Department of the Interior. (4) A representative, who shall be appointed by the Secretary of Commerce, of each of the following - (A) The National Marine Fisheries Service. (B) The Pacific Fishery Management Council. (5) A representative, who shall be appointed by the Governor of Oregon, of each of the following: (A) The commercial salmon fishing industry. (B) The Oregon Department of Fish and Wildlife. (d) Consultation requirement The appointments required under subsection (c) of this section shall be made in consultation with the appropriate users of Area anadromous fish resources. (e) Qualifications Council members shall be individuals who are knowledgable and experienced in the management and conservation, or the recreational or commercial harvest, of the anadromous fish resources in Northern California. (f) Terms (1) In general The term of a member is 4 years. (2) Service Members of the Council serve at the pleasure of the appointing authority. (3) Vacancies Any vacancy on the Council shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office. (g) Transaction of business (1) Procedures The Council shall establish practices and procedures for the carrying out of its functions under subsection (b) of this section. The procedures shall include requirements that - (A) a quorum of the Council must be present before business may be transacted; and (B) no comprehensive plan or recommendation referred to in subsection (b)(1)(A) or (B) of this section may be adopted by the Council except by the unanimous vote of all members present and voting. (2) Chairman The Council shall elect a Chairman from among its members. (3) Meetings The Council shall meet at the call of the Chairman or upon the request of a majority of its members. (h) Staff and administration (1) Administrative support The Secretary and the Director of the California Department of Fish and Game shall provide the Council with such administrative and technical support services as are necessary for the effective functioning of the Council. (2) Information The Secretary and the Director of the California Department of Fish and Game shall furnish the Council with relevant information concerning the Area. (3) Organization The Council shall determine its organization, and prescribe the practices and procedures for carrying out its functions under subsection (b) of this section. (i) Federal or State employees Any Council member who is an officer or employee of the United States, the State of California, or the State of Oregon at the time of appointment to the Council shall cease to be a Council member within 14 days after the date on which he ceases to be so employed. (j) Expenses (1) Travel expenses While away from their homes or regular places of business in the performance of services for the Council, Council members shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed travel expenses under section 5703 of title 5. Any Council member who is an employee of an agency or governmental unit and is eligible for travel expenses from that agency or unit for performing services for the Council is not eligible for travel expenses under this paragraph. (2) Limitation on spending authority No money authorized to be appropriated under section 460ss-5 of this title may be used to reimburse any agency or governmental unit (whose employees are Council members) for time spent by any such employee performing Council duties. -SOURCE- (Pub. L. 99-552, Sec. 3, Oct. 27, 1986, 100 Stat. 3082; Pub. L. 100-653, title VI, Sec. 602(a), 603(1), (2), Nov. 14, 1988, 102 Stat. 3830.) -MISC1- AMENDMENTS 1988 - Subsec. (g)(1). Pub. L. 100-653, Sec. 602(a), substituted 'Procedures' for 'Decisions of Council' as par. heading and amended text generally. Prior to amendment, text read as follows: 'All decisions of the Council must be by unanimous vote of all of the members.' Subsec. (i). Pub. L. 100-653, Sec. 603(1), substituted ', the State of California, or the State of Oregon' for 'or the State of California'. Subsec. (j)(1). Pub. L. 100-653, Sec. 603(2), inserted provision at end that any Council member who is employee of agency or governmental unit and is eligible for travel expenses from that agency or unit for performing services for Council not be eligible for travel expenses under this par. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460ss-5 of this title. ------DocID 21409 Document 1053 of 1400------ -CITE- 16 USC Sec. 460uu-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part A -HEAD- Sec. 460uu-2. Management -STATUTE- The Secretary, acting through the Director of the National Park Service, shall manage the monument in accordance with the provisions of this subchapter, sections 1 and 2 to 4 of this title, and other provisions of law applicable to units of the National Park System. The Secretary shall protect, manage, and administer the monument for the purposes of preserving the scenery and the natural, historic, and cultural resources of the monument and providing for the public understanding and enjoyment of the same in such a manner as to perpetuate these qualities for future generations. -SOURCE- (Pub. L. 100-225, title I, Sec. 103, Dec. 31, 1987, 101 Stat. 1539.) ------DocID 21436 Document 1054 of 1400------ -CITE- 16 USC Sec. 460vv-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVII -HEAD- Sec. 460vv-2. Maps and descriptions -STATUTE- As soon as practicable after October 18, 1988, the Secretary of Agriculture shall file the maps referred to in section 460vv-1 of this title and legal descriptions of each wilderness area designated by section 460vv-1 of this title with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. Each such map and legal description shall have the same force and effect as if included in this subchapter; except that correction of clerical and typographical errors in such legal descriptions and maps may be made. Each such map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. -SOURCE- (Pub. L. 100-499, Sec. 4, Oct. 18, 1988, 102 Stat. 2492.) ------DocID 21457 Document 1055 of 1400------ -CITE- 16 USC Sec. 460ww-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVIII -HEAD- Sec. 460ww-2. Miscellaneous -STATUTE- (a) Lands and waters The Secretary may acquire lands or interests in lands within the boundaries of the recreation area by donation, purchase with donated or appropriated funds, or exchange. When any tract of land is only partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. (b) Jurisdiction Lands, waters and interests therein within the recreation area which are administered by any other agency of the United States and which are not identified under section 460ww-1 of this title as directly related to the Summersville project and essential to the operation of that project shall be transferred without reimbursement to the administrative jurisdiction of the Secretary. (c) Protection of existing project Nothing in this Act shall impair or affect the requirements of section 1102 of Public Law 99-662 or otherwise affect the authorities of any department or agency of the United States to carry out the project purposes of the Summersville project, including recreation. In releasing water from such project, in order to protect public health and safety and to provide for enjoyment of the resources within the recreation area, other departments and agencies of the United States shall cooperate with the Secretary to facilitate and enhance whitewater recreational use and other recreational use of the recreation area. -SOURCE- (Pub. L. 100-534, title II, Sec. 203, Oct. 26, 1988, 102 Stat. 2704.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (c), is Pub. L. 100-534, Oct. 26, 1988, 102 Stat. 2699, known as the West Virginia National Interest River Conservation Act of 1987, which enacted this subchapter and sections 460m-26 to 460m-29 of this title, amended sections 460m-15 and 1274 of this title, and enacted provisions set out as notes under sections 460m-15 and 1274 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 460m-15 of this title and Tables. Section 1102 of Public Law 99-662, referred to in subsec. (c), is section 1102 of Pub. L. 99-662, title XI, Nov. 17, 1986, 100 Stat. 4225, which is not classified to the Code. ------DocID 21464 Document 1056 of 1400------ -CITE- 16 USC Sec. 460xx-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CIX -HEAD- Sec. 460xx-2. Management plan -STATUTE- (a) Development of plan No later than 2 years after November 18, 1988, the Secretary shall develop a comprehensive plan for the long-range management and protection of the conservation area. The plan shall be developed with full opportunity for public participation and comment, and shall contain provisions designed to assure protection of the riparian area and the aquatic, wildlife, archeological, paleontological, scientific, cultural, educational, and recreation resources and values of the conservation area. (b) Recommendations The Secretary shall, in the comprehensive plan referred to in subsection (a) of this section, develop recommendations to Congress on whether additional lands should be included in the conservation area. (c) Cooperative agreements The Secretary may enter into cooperative agreements with appropriate State and local agencies, pursuant to section 1737(b) of title 43, to better implement the plan developed pursuant to subsection (a) of this section. (d) Research In order to assist in the development of appropriate management strategies for the conservation area, the Secretary may authorize research on matters including the environmental, biological, hydrological, and cultural resources of the conservation area, pursuant to section 1737(a) of title 43. -SOURCE- (Pub. L. 100-696, title I, Sec. 103, Nov. 18, 1988, 102 Stat. 4572.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 460xx-1, 460xx-3 of this title. ------DocID 21476 Document 1057 of 1400------ -CITE- 16 USC Sec. 460zz-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CXI Part A -HEAD- Sec. 460zz-2. Mississippi River Coordinating Commission -STATUTE- (a) Establishment There is hereby established a Mississippi River Coordinating Commission whose purpose shall be to assist Federal, State, and local authorities in the development and implementation of an integrated resource management plan for those lands and waters as specified in section 460zz-1 of this title. The Commission shall consist of the following 22 members appointed by the Secretary of the Interior: (1) The Director of the National Park Service, or his designee. (2) The Chief of the Corps of Engineers, or his designee. (3) The Director of the Fish and Wildlife Service, or his designee. (4) Three individuals, from recommendations by the Governor of Minnesota, to represent the Minnesota Department of Natural Resources, Department of Transportation, and Minnesota Environmental Quality Board. (5) One individual, to represent the Minnesota Historical Society. (6) One individual, to represent the Metropolitan Council of the Twin Cities Area. (7) Four elected officials, to represent the cities of Saint Paul and Minneapolis. (8) Four elected officials, from recommendations by the Governor of Minnesota, to represent the interests of the other affected municipalities and counties. (9) One individual, to represent the Metropolitan Parks and Open Spaces Commission. (10) One individual, from recommendations by the Governor of Minnesota, to represent the interests of commercial navigation. (11) Four individuals, from recommendations by the Governor of Minnesota, to be chosen from the general public. (b) Terms (1) Except as provided in paragraphs (2) and (3), members (other than ex officio members) shall be appointed for terms of three years. (2) Of the members first appointed - (A) Under paragraph (4) of subsection (a) of this section: (i) One shall be appointed for a term of one year. (ii) One shall be appointed for a term of two years. (B) Under paragraphs (7) and (8) of subsection (a) of this section, one shall be appointed for a term of one year. (C) Under paragraph (11) of subsection (a) of this section: (i) One shall be appointed for a term of one year. (ii) One shall be appointed for a term of two years. (iii) One shall be appointed for a term of four years. (3) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office. (c) Compensation Members of the Commission shall serve without pay. While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5. (d) Chairperson The Chairperson of the Commission shall be appointed by the Secretary from among the members of the Commission nominated by the Governor of Minnesota and shall serve for a term of three years. (e) Quorum Twelve members of the Commission shall constitute a quorum. (f) Meetings The Commission shall meet at the call of the Chairman (FOOTNOTE 1) or a majority of its members. (FOOTNOTE 1) So in original. Probably should be 'Chairperson'. (g) Development of policies and programs As a coordinator and advisory organization, the Commission shall assist the Secretary, the State of Minnesota and local units of government, endeavoring to use existing Federal, State, regional, and local plans and programs where consistent with the intent and goals of this part, in developing the following: (1) Policies and programs for the preservation and enhancement of the environmental values of the Area. (2) Policies and programs for enhanced public outdoor recreation opportunities in the Area. (3) Policies and programs for the conservation and protection of the scenic, historical, cultural, natural and scientific values of the Area. (4) Policies and programs for the commercial utilization of the Area and its related natural resources, consistent with the protection of the values for which the Area is established as the Mississippi National River and Recreation Area. (h) Staff The Secretary shall provide the Commission with such staff and technical assistance as the Secretary, after consultation with the Commission, considers appropriate to enable the Commission to carry out its duties. Upon request of the Secretary, any Federal agency may provide information, personnel, property, and services on a reimbursable basis, to the Commission to assist in carrying out its duties under this part. The Secretary may accept the services of personnel detailed from the State of Minnesota or any political subdivision of the State and may reimburse the State or such political subdivision for such services. The Commission may procure temporary and intermittent services under section 3109(b) of title 5. (i) Plan Within 3 years after November 18, 1988, the Commission shall submit to the Secretary and the Governor of Minnesota a comprehensive plan for land and water use measures for the area to be developed and implemented by the responsible Federal agencies, the State of Minnesota, and local political subdivisions. The plan shall endeavor to use existing Federal, State, regional, and local plans and where consistent with the intent and goals of this part shall coordinate those plans to present a unified comprehensive plan for the Area. The plan shall include but not be limited to each of the following: (1) A program for management of existing and future land and water use which - (A) considers and details the application of a variety of land and water protection and management techniques; (B) includes a policy statement for the use of Federal, State, and local regulatory responsibilities to manage land and water resources in a manner consistent with the purposes of this part; and (C) recognizes existing economic activities within the area (FOOTNOTE 2) and provides for the management of such activities, including barge transportation and fleeting and those indigenous industries and commercial and residential developments which are consistent with the findings and purposes of this part. (FOOTNOTE 2) So in original. Probably should be capitalized. (2) A program providing for coordinated implementation and administration of the plan with proposed assignment of responsibilities to the appropriate governmental unit at the Federal, State, regional and local levels, including each of the following: (A) Ways in which local, regional, State, and Federal policies and permits may better be coordinated to the goals and policies of this part. (B) A financial plan to provide and support the public improvements and services recommended in the plan; and a mechanism for coordinating local, regional, State, and Federal planning to promote the purposes of this part. (C) How the goals and policies of the management plan will be compatible with the existing channel maintenance program on the Mississippi River, and the existing Federal, State, regional, and local programs and goals on the Minnesota and Saint Croix Rivers. (D) The provisions of the Clean Water Act (33 U.S.C. 1251 et seq.) and the Safe Drinking Water Act (title XIV of the Public Health Service Act) (42 U.S.C. 300f et seq.) which pertain to the surface waters of the Mississippi National River and Recreation Area. (3) A coordination and consistency component which details the ways in which local, State, and Federal programs and policies may best be coordinated to promote the purposes of this part. (4) A program for the coordination and consolidation, to the extent feasible, of permits that may be required by Federal, State, and local agencies having jurisdiction over land and waters within the Area. (j) Development of plan (1) In developing the plan the Commission shall consult on a regular basis with appropriate officials of any local government or Federal or State agency which has jurisdiction over lands and waters within the Area. (2) In developing the plan the Commission shall consult with interested conservation, business, professional and citizen organizations. (3) In developing the plan the Commission shall conduct public hearings within the Area, and at such other places as may be appropriate, for the purposes of providing interested persons with the opportunity to testify with respect to matters to be addressed by the plan. (k) Approval of plan The Commission shall submit the plan to the Secretary and the Governor of Minnesota, for their review. The Governor shall act on the plan within 90 days and shall submit the plan to the Secretary along with any recommendations. The Secretary shall approve or disapprove the plan within 90 days. In reviewing the plan the Secretary shall consider each of the following: (1) The adequacy of public participation. (2) Assurances of plan implementation from State and local officials. (3) The adequacy of regulatory and financial tools that are in place to implement the plan. (4) Plan provisions for continuing oversight of the plan implementation by the Secretary and the Governor of Minnesota. If the Secretary disapproves the plan, he shall, within 60 days after the date of such disapproval advise the Governor and Commission in writing of the reasons therefor, together with his recommendations for revision. The Commission shall within 90 days of receipt of such notice of disapproval revise and resubmit the plan to the Governor for his review. Following his review, the Governor shall submit the revised plan, together with any recommendations he may have, to the Secretary who shall approve or disapprove the revision within 60 days. (l) Interim program Prior to the adoption of the Commission's plan, the Secretary and the Commission shall monitor all land and water use activities within the Area to ensure that said activities are in keeping with the purposes of this part, and shall advise and cooperate with the appropriate Federal, State, and local governmental entities to minimize adverse impacts on the values for which the Area is established. (m) Commission review The Commission shall assist the Secretary and the Governor of Minnesota in reviewing and monitoring the implementation of the plan by Federal, State, and local governmental agencies having jurisdiction in the Area. The Commission may, after providing, for public comment and subject to the review and approval, as set forth in subsection (k) of this section, modify said plan, if the Commission determines that such modification is necessary to further the purposes of this part. (n) Termination of Commission The Commission shall terminate on the date 10 years after November 18, 1988. Following termination of the Commission the State is authorized to establish a State Commission which shall exercise the functions and authorities described in subsection (m) of this section. The Secretary of the Interior and the Secretary of the Army are authorized and directed to participate as members of such State Commission. -SOURCE- (Pub. L. 100-696, title VII, Sec. 703, Nov. 18, 1988, 102 Stat. 4600; Pub. L. 101-40, Sec. 4(2), June 20, 1989, 103 Stat. 82.) -REFTEXT- REFERENCES IN TEXT The Clean Water Act, referred to in subsec. (i)(2)(D), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water Pollution Control Act, which is classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Safe Drinking Water Act, referred to in subsec. (i)(2)(D), is Pub. L. 93-523, Dec. 16, 1974, 88 Stat. 1660, as amended, which is classified principally to subchapter XII (Sec. 300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title of 1974 Amendments note set out under section 201 of Title 42 and Tables. -MISC2- AMENDMENTS 1989 - Subsec. (d). Pub. L. 101-40 substituted 'and shall serve' for 'to serve'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 460zz-3, 460zz-4, 460zz-5 of this title. ------DocID 21486 Document 1058 of 1400------ -CITE- 16 USC Sec. 460aaa-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CXII -HEAD- Sec. 460aaa-2. Administration -STATUTE- (a) Administration Subject to valid existing rights, the Secretary of Agriculture (hereafter in this subchapter referred to as the 'Secretary') shall administer the national recreation area in accordance with the laws, rules, and regulations applicable to the National Forest System in furtherance of the purposes for which the national recreation area was established. (b) Special management requirements The national recreation area also shall be administered according to the following special management requirements: (1) Subject to such terms and conditions as may be prescribed by the Secretary, including the protection of threatened and endangered species and the protection of other natural, cultural, and scenic values, owners of privately owned land and homes within the national recreation area shall be afforded access across National Forest System lands. (2) Consistent with section 460aaa-6 of this title, and the purposes of this subchapter, the Secretary shall provide for and maintain traditional public access, including vehicular roads for general recreational activities such as camping, hiking, hunting, fishing, and trapping. (3) The Secretary shall permit the use of snowmobiles on Federal lands in the national recreation area in accordance with the rules and regulations of the National Forest System and consistent with the management plan developed pursuant to section 460aaa-6 of this title. Such use shall be regulated to protect the resources of the national recreation area in a way that minimizes the degradation of these resources. (4) Timber management shall be utilized only as a tool to enhance public recreation, scenic quality, game and nongame wildlife species, and the protection and enhancement of threatened, endangered, or sensitive species. Trees damaged or downed due to fire, insects, disease, or blowdown may be utilized, salvaged, or removed from the recreation area as authorized by the Secretary to further the purposes of the national recreation area. (5) The Secretary shall, after acquiring fee title to at least 10,000 acres of land on Grand Island, provide reasonable water transportation from the mainland to Grand Island. Transportation may be provided through concession, permit, or other means, and a reasonable charge may be imposed. Transportation shall be subject to reasonable regulation by the Secretary and shall not be required when the Secretary deems it to be unsafe because of factors such as weather and water conditions. (6) The Secretary shall provide through concession, permit, or other means docking and lodge facilities consistent with the management plan developed pursuant to section 460aaa-6 of this title. (7) The Secretary shall take reasonable actions to provide for public health and safety and for the protection of the national recreation area in the event of fire or infestation of insects or disease. (8) Under the authority of the Act of March 4, 1915, as amended (16 U.S.C. 497), the Secretary shall, as a condition of acquisition, issue occupancy and use permits for any privately owned home as of the date of Federal acquisition of the land within the national recreation area on which the home is located. Any such permit shall be issued for an initial period of 20 years and shall be renewed thereafter for successive 20-year periods so long as the permittee is in compliance with the purposes of this subchapter, the terms of the permit, and other applicable rules and regulations. Any such permit shall be issued in accordance with the laws, rules, and regulations of the Secretary pertaining to the National Forest System, except that such permit shall be subject to the following special provisions: (A) Such permit may only be issued to the owner of such home as of the date of Federal acquisition of the property, such owner's spouse, the children, stepchildren, and grandchildren of such owner and spouse, and their direct lineal descendants (natural or adopted offspring). (B) Only noncommercial recreation occupancy may be permitted. (C) The Secretary shall collect fees on an annual basis based on the fair market value of the occupancy permitted. (D) The expansion, remodeling, or reconstruction of such homes shall be subject to approval of and regulation by the Secretary. No expansion, remodeling, or reconstruction may increase the height of structure or result in an increase of more than 25 percent of the sum of the exterior dimensions of a structure as it existed on May 17, 1990. Any expansion, remodeling, or reconstruction shall be consistent with the criteria developed pursuant to section 460aaa-6(b)(4) of this title and shall be subject to such other terms and conditions as the Secretary may prescribe. (E) Any such home may be purchased at the fair market value of the structure and improvements by the Secretary on a willing seller basis. (F) The permit may be terminated at any time for failure to comply with its terms and conditions and applicable regulations without cost to the Federal Government in accordance with the permit. (G) After termination of any such permit, if any improvements or property are not removed by their owner within one year of the termination, they shall become the property of the Federal Government. (9) Solely for purposes of payments pursuant to section 6904 of title 31, lands on Grand Island acquired by the United States after January 1, 1990 shall be considered to have been acquired for addition to a National Forest Wilderness Area (national forest portion of the National Wilderness Preservation System). -SOURCE- (Pub. L. 101-292, Sec. 3, May 17, 1990, 104 Stat. 185.) -REFTEXT- REFERENCES IN TEXT Act of March 4, 1915, referred to in subsec. (b)(8), is act Mar. 4, 1915, ch. 144, 38 Stat. 1086, as amended. For complete classification of this Act to the Code, see Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 460aaa-3, 460aaa-6 of this title. ------DocID 21496 Document 1059 of 1400------ -CITE- 16 USC Sec. 460bbb-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CXIII -HEAD- Sec. 460bbb-2. Recreation area -STATUTE- (a) Establishment For the purposes of ensuring the preservation, protection, enhancement, and interpretation for present and future generations of the Smith River watershed's outstanding wild and scenic rivers, ecological diversity, and recreation opportunities while providing for the wise use and sustained productivity of its natural resources, there is hereby established the Smith River National Recreation Area. (b) Boundaries (1) The recreation area shall consist of those lands within the area generally depicted on the map entitled 'Proposed Smith River National Recreation Area' and dated July 1990. The map shall be on file and available for public inspection in the Office of the Chief, Forest Service, Department of Agriculture. The Secretary may, by publication of availability of a revised map and after public comment, make corrections or minor changes to the boundary of the recreation area. (2) The exterior boundary of the recreation area, as generally depicted on the map, shall encompass the recreation area and the four excluded areas. (c) Boundary modification The boundaries of the Six Rivers National Forest are hereby modified as generally depicted on the map referred to in subsection (b) of this section. A map and legal description of the boundary of the Six Rivers National Forest as modified by this subsection shall be on file and available for public inspection in the Office of the Chief, Forest Service, and the Office of the Forest Supervisor of the Six Rivers National Forest. (d) Transfer The federally owned lands within the recreation area administered by the Secretary of the Interior on November 16, 1990, comprising approximately 20 acres, are hereby transferred to the jurisdiction of the Secretary of Agriculture and shall be managed in accordance with the laws applicable to the National Forest System and this subchapter. -SOURCE- (Pub. L. 101-612, Sec. 4, Nov. 16, 1990, 104 Stat. 3210.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 460bbb-1, 460bbb-3 of this title. ------DocID 21509 Document 1060 of 1400------ -CITE- 16 USC Sec. 460ccc-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CXIV -HEAD- Sec. 460ccc-2. Management -STATUTE- (a) In general The Secretary, acting through the Director of the Bureau of Land Management, shall, subject to valid existing rights, manage the conservation area to conserve, protect, and enhance the resources described in section 460ccc-1 of this title, in accordance with this subchapter, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable laws. The Secretary shall only allow such uses of the conservation area as he finds will further the purposes for which the conservation area is established. (b) Hunting (1) Subject to paragraph (2), the Secretary shall permit hunting within the conservation area in accordance with the laws of the State of Nevada. (2) The Secretary, after consultation with the Nevada Department of Wildlife, may issue regulations designating zones where and establishing when hunting shall not be permitted for reasons of public safety, administration, or public use and enjoyment. (c) Preventive measures Nothing in this subchapter shall preclude such measures as the Secretary deems necessary to prevent devastating fire or infestation of insects or disease within the conservation area. (d) Mechanized vehicles Except when needed for administrative or emergency purposes, the use of mechanized vehicles in the conservation area shall be allowed only on roads and trails specifically designated for such use as provided in the management plan prepared pursuant to section 460ccc-3 of this title. (e) Limits on visitation and use The Secretary may limit visitation and use of the conservation area as the Secretary finds appropriate for the protection of the resources of the conservation area. -SOURCE- (Pub. L. 101-621, Sec. 4, Nov. 16, 1990, 104 Stat. 3343.) -REFTEXT- REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (a), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (Sec. 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. ------DocID 21523 Document 1061 of 1400------ -CITE- 16 USC Sec. 460eee-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CXVI -HEAD- Sec. 460eee-2. Authorization of appropriations -STATUTE- There are authorized to be appropriated such sums as may be necessary to carry out the purposes of sections 460eee and 460eee-1 of this title. -SOURCE- (Pub. L. 101-628, title V, Sec. 504, Nov. 28, 1990, 104 Stat. 4494.) ------DocID 21527 Document 1062 of 1400------ -CITE- 16 USC Sec. 460fff-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CXVII -HEAD- Sec. 460fff-2. Authorization of appropriations -STATUTE- There are authorized to be appropriated such sums as may be necessary to carry out the purposes of sections 460fff and 460fff-1 of this title. -SOURCE- (Pub. L. 101-628, title V, Sec. 507, Nov. 28, 1990, 104 Stat. 4495.) ------DocID 21549 Document 1063 of 1400------ -CITE- 16 USC Sec. 469a-2 -EXPCITE- TITLE 16 CHAPTER 1A SUBCHAPTER I -HEAD- Sec. 469a-2. Survey by Secretary of the Interior; recovery and preservation of data; compensation for delays in construction and for temporary loss of use of land -STATUTE- (a) Survey conducted; preservation of data The Secretary, upon notification, in writing, by any Federal or State agency or appropriate historical or archeological authority that scientific, prehistorical, historical, or archeological data is being or may be irrevocably lost or destroyed by any Federal or federally assisted or licensed project, activity, or program, shall, if he determines that such data is significant and is being or may be irrevocably lost or destroyed and after reasonable notice to the agency responsible for funding or licensing such project, activity, or program, conduct or cause to be conducted a survey and other investigation of the areas which are or may be affected and recover and preserve such data (including analysis and publication) which, in his opinion, are not being, but should be, recovered and preserved in the public interest. (b) Emergency projects No survey or recovery work shall be required pursuant to this section which, in the determination of the head of the responsible agency, would impede Federal or federally assisted or licensed projects or activities undertaken in connection with any emergency, including projects or activities undertaken in anticipation of, or as a result of, a natural disaster. (c) Initiation of survey The Secretary shall initiate the survey or recovery effort within sixty days after notification to him pursuant to subsection (a) of this section or within such time as may be agreed upon with the head of the agency responsible for funding or licensing the project, activity, or program in all other cases. (d) Compensation by Secretary The Secretary shall, unless otherwise mutually agreed to in writing, compensate any person, association, or public entity damaged as a result of delays in construction or as a result of the temporary loss of the use of private or nonfederally owned land. -SOURCE- (Pub. L. 86-523, Sec. 4, as added Pub. L. 93-291, Sec. 1(3), May 24, 1974, 88 Stat. 174.) -MISC1- PRIOR PROVISIONS A prior section 4 of Pub. L. 86-523, which was redesignated section 7 of Pub. L. 86-523 and amended by Pub. L. 93-291, is classified to section 469c of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Secretary or other official in Department of the Interior and Secretary or other official in Department of Agriculture to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, see note set out under section 469a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 469, 469a-3, 469b, 469c, 469c-1, 470a, 470dd, 470hh of this title; title 42 section 5320. ------DocID 21554 Document 1064 of 1400------ -CITE- 16 USC Sec. 469c-2 -EXPCITE- TITLE 16 CHAPTER 1A SUBCHAPTER I -HEAD- Sec. 469c-2. Costs for identification, surveys, evaluation and data recovery with respect to historic properties -STATUTE- Notwithstanding section 469c(a) of this title, or any other provision of law to the contrary - (1) identification, surveys, and evaluation carried out with respect to historic properties within project areas may be treated for purposes of any law or rule of law as planning costs of the project and not as costs of mitigation; (2) reasonable costs for identification, surveys, evaluation, and data recovery carried out with respect to historic properties within project areas may be charged to Federal licensees and permittees as a condition to the issuance of such license or permit; and (3) Federal agencies, with the concurrence of the Secretary and after notification of the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, are authorized to waive, in appropriate cases, the 1 per centum limitation contained in section 469c(a) of this title. -SOURCE- (Pub. L. 96-515, title II, Sec. 208, Dec. 12, 1980, 94 Stat. 2997.) ------DocID 21567 Document 1065 of 1400------ -CITE- 16 USC Sec. 470a-2 -EXPCITE- TITLE 16 CHAPTER 1A SUBCHAPTER II -HEAD- Sec. 470a-2. Federal undertakings outside United States; mitigation of adverse effects -STATUTE- Prior to the approval of any Federal undertaking outside the United States which may directly and adversely affect a property which is on the World Heritage List or on the applicable country's equivalent of the National Register, the head of a Federal agency having direct or indirect jurisdiction over such undertaking shall take into account the effect of the undertaking on such property for purposes of avoiding or mitigating any adverse effects. -SOURCE- (Pub. L. 96-515, title IV, Sec. 402, Dec. 12, 1980, 94 Stat. 3000.) -COD- CODIFICATION Section was enacted as part of the National Historic Preservation Act Amendments of 1980, and not as part of the National Historic Preservation Act, Pub. L. 89-665, which is classified generally to this subchapter. ------DocID 21577 Document 1066 of 1400------ -CITE- 16 USC Sec. 470h-2 -EXPCITE- TITLE 16 CHAPTER 1A SUBCHAPTER II -HEAD- Sec. 470h-2. Historic properties owned or controlled by Federal agencies -STATUTE- (a) Responsibilities of Federal agencies; program for location, inventory and nomination (1) The heads of all Federal agencies shall assume responsibility for the preservation of historic properties which are owned or controlled by such agency. Prior to acquiring, constructing, or leasing buildings for purposes of carrying out agency responsibilities, each Federal agency shall use, to the maximum extent feasible, historic properties available to the agency. Each agency shall undertake, consistent with the preservation of such properties and the mission of the agency and the professional standards established pursuant to section 470a(f) of this title, any preservation, as may be necessary to carry out this section. (2) With the advice of the Secretary and in cooperation with the State historic preservation officer for the State involved, each Federal agency shall establish a program to locate, inventory, and nominate to the Secretary all properties under the agency's ownership or control by the agency, that appear to qualify for inclusion on the National Register in accordance with the regulations promulgated under section 470a(a)(2)(A) of this title. Each Federal agency shall exercise caution to assure that any such property that might qualify for inclusion is not inadvertently transferred, sold, demolished, substantially altered, or allowed to deteriorate significantly. (b) Records on historic properties to be altered or demolished; deposit in Library of Congress or other appropriate agency Each Federal agency shall initiate measures to assure that where, as a result of Federal action or assistance carried out by such agency, an historic property is to be substantially altered or demolished, timely steps are taken to make or have made appropriate records, and that such records then be deposited, in accordance with section 470a(a) of this title, in the Library of Congress or with such other appropriate agency as may be designated by the Secretary, for future use and reference. (c) Agency Preservation Officer; responsibilities; qualifications The head of each Federal agency shall, unless exempted under section 470v of this title, designate a qualified official to be known as the agency's 'preservation officer' who shall be responsible for coordinating that agency's activities under this subchapter. Each Preservation Officer may, in order to be considered qualified, satisfactorily complete an appropriate training program established by the Secretary under section 470a(g) of this title. (d) Agency programs and projects Consistent with the agency's missions and mandates, all Federal agencies shall carry out agency programs and projects (including those under which any Federal assistance is provided or any Federal license, permit, or other approval is required) in accordance with the purposes of this subchapter and, give consideration to programs and projects which will further the purposes of this subchapter. (e) Review of plans of transferees of surplus federally owned historic properties The Secretary shall review and approve the plans of transferees of surplus federally owned historic properties not later than ninety days after his receipt of such plans to ensure that the prehistorical, historical, architectural, or culturally significant values will be preserved or enhanced. (f) Planning and actions to minimize harm to National Historic Landmarks Prior to the approval of any Federal undertaking which may directly and adversely affect any National Historic Landmark, the head of the responsible Federal agency shall, to the maximum extent possible, undertake such planning and actions as may be necessary to minimize harm to such landmark, and shall afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on the undertaking. (g) Costs of preservation as eligible project costs Each Federal agency may include the costs of preservation activities of such agency under this subchapter as eligible project costs in all undertakings of such agency or assisted by such agency. The eligible project costs may also include amounts paid by a Federal agency to any State to be used in carrying out such preservation responsibilities of the Federal agency under this subchapter, and reasonable costs may be charged to Federal licensees and permittees as a condition to the issuance of such license or permit. (h) Annual preservation awards program The Secretary shall establish an annual preservation awards program under which he may make monetary awards in amounts of not to exceed $1,000 and provide citations for special achievement to officers and employees of Federal, State, and certified local governments in recognition of their outstanding contributions to the preservation of historic resources. Such program may include the issuance of annual awards by the President of the United States to any citizen of the United States recommended for such award by the Secretary. (i) Environmental impact statement Nothing in this subchapter shall be construed to require the preparation of an environmental impact statement where such a statement would not otherwise be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and nothing in this subchapter shall be construed to provide any exemption from any requirement respecting the preparation of such a statement under such Act. (j) Waiver of provisions in event of natural disaster or imminent threat to national security The Secretary shall promulgate regulations under which the requirements of this section may be waived in whole or in part in the event of a major natural disaster or an imminent threat to the national security. -SOURCE- (Pub. L. 89-665, title I, Sec. 110, as added Pub. L. 96-515, title II, Sec. 206, Dec. 12, 1980, 94 Stat. 2996.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in subsec. (i), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 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 4321 of Title 42 and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 470a of this title. ------DocID 21595 Document 1067 of 1400------ -CITE- 16 USC Sec. 470w-2 -EXPCITE- TITLE 16 CHAPTER 1A SUBCHAPTER II -HEAD- Sec. 470w-2. Donations and bequests of money, personal property and less than fee interests in historic property -STATUTE- (a) The Secretary is authorized to accept donations and bequests of money and personal property for the purposes of this subchapter and shall hold, use, expend, and administer the same for such purposes. (b) The Secretary is authorized to accept gifts or donations of less than fee interests in any historic property where the acceptance of such interests will facilitate the conservation or preservation of such properties. Nothing in this section or in any provision of this subchapter shall be construed to affect or impair any other authority of the Secretary under other provision of law to accept or acquire any property for conservation or preservation or for any other purpose. -SOURCE- (Pub. L. 89-665, title III, Sec. 303, as added Pub. L. 96-515, title V, Sec. 501, Dec. 12, 1980, 94 Stat. 3002.) ------DocID 21614 Document 1068 of 1400------ -CITE- 16 USC CHAPTER 2 -EXPCITE- TITLE 16 CHAPTER 2 -HEAD- CHAPTER 2 - NATIONAL FORESTS -MISC1- SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION Sec. 471. Repealed. 471a. Forest reserves in New Mexico and Arizona restricted. 471b. Repealed. 471c. Lands in California set aside as reserved forest lands. 471d. Additional forest reserves in California. 471e. Extension of boundaries of Sequoia National Forest. 471f. Cradle of Forestry in America in Pisgah National Forest; establishment; statement of purposes; publication in Federal Register. 471g. Administration, protection, and development; use of natural resources. 471h. Cooperation with public and private agencies, organizations, and individuals; acceptance of contributions and gifts. 471i. Pine Barrens Area, New Jersey. (a) Congressional findings. (b) Purposes. (c) Pinelands National Reserve and Federal Project Review Area; establishment; map, availability. (d) State planning entity for development of comprehensive management plan; membership; representation of interests; assistance and grants to State. (e) Planning entity consultations; public hearings. (f) Comprehensive management plan; terms and provisions; resource assessment; boundary map, delineations; land use map and policy statement; coordination and consistency, public use, and financial components; programs; water implementation plan. (g) Comprehensive management plan and revisions; approval by Secretary; submission to Congress; approval considerations; disapproval and revision recommendations, notification; resubmission and consideration; Federal assistance, termination; modifications and revisions; reimbursement. (h) Grants for State acquisition of property; Secretary's acquisition and administration of property; conveyance by Secretary, terms and conditions; State reimbursement; grant authorization and applications; limitation. (i) Applications for Federal construction assistance; review by planning entity; notifications; commencement of review process. (j) Federal action pursuant to Federal court or agency orders related to public health or safety, national security or defense, or environmental values unaffected. (k) Authorization of appropriations; sources for appropriations; acquisitions consistent with management plan. (l) Pinelands interpretative and educational program; Interior Department study and recommendations. 472. Laws affecting national forest lands. 472a. Timber sales on National Forest System lands. (a) Authorization; rules and regulations; appraised value as minimum sale price. (b) Designation on map; prospectus. (c) Terms and conditions of contract. (d) Advertisement of sales; exceptions. (e) Bidding methods; purposes; oral auction procedures; monitoring and enforcement for prevention of collusive practices. (f) Research and demonstration projects. (g) Designation, marking, and supervision of harvesting; personnel. (h) Utilization standards, methods of measurement, and harvesting practices; monetary deposits by purchasers of salvage harvests; nature, purposes and availability of designated fund; return of surplus to Treasury. (i) Purchaser credit for permanent road construction; right of election of small business concerns; estimated cost; date of completion; use of funds for construction; effective date. 473. Revocation, modification, or vacation of orders or proclamations establishing national forests. 474. Surveys; plats and field notes; maps; effect under Act June 4, 1897. 475. Purposes for which national forests may be established and administered. 476. Repealed. 477. Use of timber and stone by settlers. 478. Egress or ingress of actual settlers; prospecting. 478a. Townsites. 479. Sites for schools and churches. 480. Civil and criminal jurisdiction. 481. Use of waters. 482. Mineral lands; restoration to public domain; location and entry. 482a. Mining rights in Prescott National Forest. 482b. Mount Hood National Forest; mining rights. 482c. Patents affecting forest lands. 482d. Perfection of claims within forest. 482e. Lincoln National Forest; mining rights. 482f. Patents affecting forest lands. 482g. Perfection of claims within forest. 482h. Coronado National Forest; mining rights. 482h-1. Protection of scenic values of forest. 482h-2. Cutting of timber; reservation of patent rights. 482h-3. Perfection of mining claims. 482i. Plumas National Forest; offer of lands; additions; mining rights. 482j. Santa Fe National Forest; mining rights; protection of scenic values. 482k. Patents affecting forest lands. 482l. Perfection of mining claims within forest. 482m. Teton National Forest in Wyoming; additional lands. 482n. Coconino National Forest; mining rights; protection of scenic values. 482n-1. Cutting of timber within forest; reservation of patent rights. 482n-2. Perfection of mining claims within forest. 482n-3. Sedona-Oak Creek area. 482o. Kaibab National Forest; mining rights; protection of scenic values. 482p. Patents affecting lands within forest. 482q. Perfection of mining claims within forest. 483, 484. Repealed. 484a. Exchange of lands in national forests; public schools; deposit of funds by school authority with insufficient exchange land; limitations on use. 485. Exchange of lands in national forests; cutting timber in national forests in exchange for lands therein. 485a. Omitted. 486. Exchange of lands in national forests; reservations of timber, minerals, or easements. 486a to 486w. Omitted. 487. Cutting timber on land added to Siskiyou National Forest. 487a. Cutting timber on lands added to Rogue River National Forest. 488. Establishment of exterior boundaries of national forests. 489. Repealed. 490. Deposits from timber purchasers to defray cost of disposing of debris. 491. Omitted. 492. Earth, stone, and timber for Departments of the Army and Navy, and Government works in Alaska. 493. Omitted. 494. Calaveras Bigtree National Forest. 495. Leases of lands for sanitariums or hotels. 496. Disposition of funds. 497. Use and occupation of lands for hotels, resorts, summer homes, stores, and facilities for industrial, commercial, educational or public uses. 497a. Occupancy and use under permit of lands in Alaska for various purposes; period of permit; size of allotment; prohibitions; termination. 497b. Ski area permits. (a) Law applicable to permits. (b) Authority. (c) Rules and regulations. (d) Construction with Secretary's duties under other laws. 498. Disposal of moneys received; refund of excess. 499. Disposal of money received by or on account of Forest Service; refund of excess and moneys erroneously collected; receipts from permits. 500. Payment and evaluation of receipts to State or Territory for schools and roads; moneys received; projections of revenues and estimated payments. 501. Expenditures from receipts for roads and trails; cooperation with State authorities; evaluation of receipts. 501a. Omitted. 502. Rental of property for Forest Service; forage, care, and housing of animals; storage of vehicles and other equipment; pack stock; loss, damage, or destruction of horses, vehicles, and other equipment. 503, 503a. Repealed or Omitted. 504. Purchases of tree seeds, cones, forage plant seed, and nursery stock for national forests. 504a. Sale of forest-tree seed and nursery stock to States and political subdivisions; disposition of moneys; exchanges; limitation. 505. Use of national forests established on land reserved for purposes of national defense; maintenance available. 505a. Interchange of lands between Department of Agriculture and military departments of Department of Defense; report to Congress. 505b. Laws applicable. 506 to 508a. Repealed or Omitted. 508b. National forests in Minnesota; authority to prospect, develop, mine, remove, and utilize mineral resources. 509 to 510a. Repealed or Omitted. 511. Reinstatement of entries canceled or relinquished. 512 to 514. Omitted or Repealed. 515. Examination, location, and purchase of forested, cutover, or denuded lands; consent of State legislature to acquisition of land by the United States. 516. Exchange of lands in the public interest; equal value; cutting and removing timber; publication of contemplated exchange. 517. Title to lands to be acquired. 517a. Payment of awards in condemnation proceedings. 518. Acquisition of lands not defeated by rights-of-way, easements, and reservations. 519. Agricultural lands included in tracts acquired; sale for homesteads. 519a. Transfer of forest reservation lands for military purposes. 520. Regulations as to mineral resources. 521. Lands acquired to be reserved, held, and administered as national forest lands; designation. 521a. Administration, management, and consolidation of certain lands. 521b. Report of Secretary of Agriculture prior to purchase or exchange of land; contents; waiting period. 521c. Definitions. 521d. Sale, exchange, or interchange of National Forest System land. 521e. Small parcels and road rights-of-way. 521f. Costs of conveyance and value of improvements. 521g. Road rights-of-way subject to State or local law. 521h. Regulations; contents. 521i. Unaffected lands. 522. Omitted. 523. Rights-of-way through national forests for power and communications facilities. 524. Rights-of-way for dams, reservoirs, or water plants for municipal, mining, and milling purposes. 525. Rights-of-way for wagon roads or railroads. 526. Establishment and protection of water rights. 527. Use of Forest Service funds for administration of certain lands. 528. Development and administration of renewable surface resources for multiple use and sustained yield of products and services; Congressional declaration of policy and purpose. 529. Authorization of development and administration consideration to relative values of resources; areas of wilderness. 530. Cooperation for purposes of development and administration with State and local governmental agencies and others. 531. Definitions. 532. Roads and trails system; Congressional findings and declaration of policy. 533. Grant of easements for road rights-of-way; authority of Secretary of Agriculture; regulations. 534. Termination and cancellation of easements; notice; hearing. 535. Forest development roads; acquisition, construction, and maintenance; maximum economy; methods of financing; cost arrangements for construction standards; transfer of unused effective purchaser credit for road construction. 536. Recording of instruments; furnishing of instruments affecting public domain lands to Secretary of the Interior. 537. Maintenance and reconstruction by road users; funds for maintenance and reconstruction; availability of deposits until expended, transfer of funds, and refunds. 538. User fees fund for delayed payments to grantors. 539. Additions to existing national forests; administration. 539a. Mining and mineral leasing on certain national forest lands. 539b. Fisheries on national forest lands in Alaska. (a) Regulations for protection and maintenance of habitats. (b) Approved plan for mining operations; requirements; review; modification; suspension of activities. (c) Authority of State of Alaska to manage fish and wildlife. (d) Authority of Secretary of Agriculture to manage national forests. 539c. Cooperative fisheries planning; report to Congress. 539d. National forest timber utilization program. (a) Tongass National Forest timber supply; satisfaction of certain market demands. (b) Insured and guaranteed loan program for purchasers of national forests materials in Alaska; authorization of appropriations. (c) Study on increase of timber yields on national forest lands in Alaska; transmittal to Congress. (d) Identification of lands not suited for timber production; consideration of economic factors unnecessary. (e) Protection of riparian habitat; maintenance of buffer zones in Tongass National Forest; relocation of prior independent sale or released volume. (f) Timber supply from Tongass National Forest for purchasers qualifying as 'small business concerns'. 539e. Reports. (a) Timber supply and demand in southeastern Alaska. (b) Status of Tongass National Forest in southeastern Alaska; contents. (c) Cooperation and consultation. 539f. Nonprofit organization user of national forest lands. (a) Permits for organization camps; waiver of charges; performance of services; loss of entitlement. (b) 'Other nonprofit organization' defined. 539g. Kings River Special Management Area. (a) Establishment. (b) Area included. (c) Administration. (d) Mining and mineral leasing. (e) Hunting and fishing. (f) Management plan. (g) Access to private lands. (h) Specific protections. SUBCHAPTER II - SCENIC AREAS 541. Cascade Head Scenic-Research Area; establishment. 541a. Administration, protection, development, and regulation of use. 541b. Boundaries of scenic-research area; adjustments to subarea boundaries; development of management plan; establishment of subareas; management objectives. (a) Boundaries; adjustments to boundaries of subareas. (b) Management plan; development; time; contents. (c) Subareas; establishment; management objectives. 541c. Extension of boundaries of Siuslaw National Forest; transfer of Federal property to Secretary. 541d. Acquisition of property within the scenic-research area; consent of owner; substantial change in use or maintenance of property. (a) Acquisition of lands, waters and interests by donation, purchase, etc. (b) Consent of owner for acquisition of lands in subareas; exceptions; guidelines for determination of substantial change in land use or maintenance. (c) Substantial change in land use or maintenance; notice by owner; time; manner. 541e. Availability of funds for acquisition of lands, etc., within added area. 541f. Withdrawal from location, entry and patent under mining laws; withdrawal from disposition under mineral leasing laws. 541g. Advisory council for scenic-research area; membership; designation of chairman; compensation; consultation by Secretary. (a) Advisory council; establishment; consultation; members; term; appointment. (b) Chairman; vacancies. (c) Compensation; reimbursement for expenses. (d) Consultation by Secretary with private groups, etc.; cooperation with other Federal, State, etc., agencies and organizations. 541h. Cooperation with State of Oregon in administration and protection of lands; civil and criminal jurisdiction; power of taxation. 542. Langmuir Research Site; establishment. 542a. Congressional findings. 542b. Administration, protection, and regulation of use. 542c. Land use agreement. 542d. Comprehensive management plan. (a) Boundaries. (b) Development of plan. (c) Adjustment in boundaries. (d) Consultation with other public interest groups. (e) Objectives of plan. (f) Management of site in accordance with the objectives. 543. Mono Basin National Forest Scenic Area; establishment. 543a. Extension of National Forest boundary. 543b. Acquisition of lands. (a) Authority of Secretary; exceptions. (b) Guidelines; detrimental or incompatible use. (c) Preparation of environmental assessments. 543c. Administration. (a) Scenic Area and other lands to be administered as part of Inyo National Forest. (b) Water rights; protection of geologic, ecologic, and cultural resources; recreational use of Scenic Area; related facilities and programs; scientific study and research; commercial timber harvesting. (c) Grazing permits. (d) Cooperative agreements. (e) Management plan. (f) Visitor center. (g) Withdrawal of lands from operation of other Federal laws; regulation of mining claims. (h) Water rights. (i) Rights-of-way of city of Los Angeles. (j) Existing community recreational uses. 543d. Ecological studies; reports to Congressional committees and to Chief of Forest Service; progress reports. 543e. Scenic Area Advisory Board. (a) Establishment; consultations with Secretary. (b) Composition and selection. (c) Terms of appointment. (d) Initial appointment; Chairman. (e) Annual meetings and consultations with Secretary or designee. (f) Compensation; expenses. (g) Vacancies. (h) Quorum. (i) Termination. 543f. Traditional Native American uses. 543g. Authorization of appropriations. 543h. New spending authority. 544. Columbia River Gorge National Scenic Area; definitions. 544a. Purposes. 544b. Establishment of scenic area. (a) National scenic area. (b) Special management areas. (c) Revision of special management area boundaries. (d) Dodson/Warrendale Special Purchase Unit. (e) Urban areas. (f) Revision of urban area boundaries. 544c. Columbia River Gorge Commission. (a) Establishment and membership of Commission. (b) Applicable law. (c) Assistance to Commission. (d) Advisory committees. 544d. Scenic area management plan. (a) Studies. (b) Land use designations. (c) Adoption of management plan. (d) Standards for management plan. (e) Agency consultation and public involvement. (f) Concurrence of management plan. (g) Revision of plan. (h) Amendment of plan. 544e. Administration of scenic area. (a) Management of scenic area. (b) Adoption of scenic area land use ordinances. (c) Commission land use ordinances. (d) Construction of facilities. 544f. Administration of special management areas. (a) Administration of Federal lands. (b) Withdrawal of Federal lands. (c) Resource inventory. (d) Recreation assessment. (e) Land use designations. (f) Guidelines for land use ordinances. (h) Adoption of special management area land use ordinances. (i) Review by Commission. (j) Concurrence by Secretary. (k) Commission reconsideration. (l) Commission ordinances. (m) Subsequent compliance. (n) Effect of Secretary's non-concurrence. (o) Special rules. 544g. Land acquisition. (a) Acquisition authorized. (b) Limitations on eminent domain. (c) Hardship cases. (d) Land exchanges. (e) Boundaries. 544h. Interim management. (a) Interim guidelines. (b) Interim acquisition authority and injunctive relief. (c) Review of development action. 544i. Economic development. (a) Economic development plan. (b) Funds provided to States for grants. (c) Conditions of grants. (d) Report. 544j. Old Columbia River Highway. 544k. Tributary rivers and streams. (a) Water resources projects. (b) Exceptions. 544l. Implementation measures. (a) Assistance to counties. (b) Payment of timber receipts. (c) Payments to local governments. (d) Federal consistency. (e) Limitations on Federal expenditures affecting the scenic area. (f) Transfer of public lands. 544m. Enforcement. (a) Administrative remedies. (b) Judicial remedies. 544n. Authorization of appropriations. (a) General authorizations. (b) Specific authorizations. (c) Availability of funds. 544o. Savings provisions. (a) Effect on rights of Indians, use of water, rivers and streams, interstate compacts, existing transmission facilities, hunting and fishing, forest plans, scenic areas. (b) Improvement of navigation facilities at Bonneville Dam. (c) Rights and responsibilities of non-Federal timber land owners. (d) Interstate compacts. (e) Failure to establish Columbia River Gorge Commission; responsibility of Secretary. (f) Actions of Secretary as major Federal actions affecting the environment. 544p. Severability. ------DocID 21648 Document 1069 of 1400------ -CITE- 16 USC Sec. 482h-2 -EXPCITE- TITLE 16 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 482h-2. Cutting of timber; reservation of patent rights -STATUTE- On and after June 11, 1946, all patents issued under the United States mining laws affecting lands within the above-described area shall convey title to the mineral deposits within the claim, together with the right to cut and remove so much of the mature timber therefrom as may be needed in extracting and removing and beneficiation of the mineral deposits, if the timber is cut under sound principles of forest management as defined by the national-forest rules and regulations, but each patent shall reserve to the United States all title in or to the surface of the lands and products thereof, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except under the rules and regulations of the Department of Agriculture. -SOURCE- (June 11, 1946, ch. 377, Sec. 2, 60 Stat. 255.) -REFTEXT- REFERENCES IN TEXT The United States mining laws, referred to in text, are classified generally to Title 30, Mineral Lands and Mining. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 482h-3 of this title. ------DocID 21657 Document 1070 of 1400------ -CITE- 16 USC Sec. 482n-2 -EXPCITE- TITLE 16 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 482n-2. Perfection of mining claims within forest -STATUTE- Valid mining claims within the said lands, existing on May 24, 1949, and thereafter maintained in compliance with the law under which they were initiated and the laws of the State of Arizona, may be perfected under sections 482n to 482n-3 of this title, or under the laws under which they were initiated, as the claimant may desire. -SOURCE- (May 24, 1949, ch. 136, Sec. 3, 63 Stat. 76.) -REFTEXT- REFERENCES IN TEXT May 24, 1949, referred to in text, was in the original 'the date of enactment of this Act'. The date thus referred to is deemed to relate to the date of enactment of section 482n-3 of this title, May 19, 1955, as applied to any land described in section 482n-3 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 482n-3 of this title. ------DocID 21840 Document 1071 of 1400------ -CITE- 16 USC Sec. 565a-2 -EXPCITE- TITLE 16 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 565a-2. Federal employee status of cooperators -STATUTE- In any agreement authorized by section 565a-1 of this title, cooperators and their employees may perform cooperative work under supervision of the Forest Service in emergencies or otherwise as mutually agreed to, but shall not be deemed to be Federal employees other than for the purposes of chapter 171 of title 28 and chapter 81 of title 5. -SOURCE- (Pub. L. 94-148, Sec. 2, Dec. 12, 1975, 89 Stat. 804.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 565a-3 of this title. ------DocID 21904 Document 1072 of 1400------ -CITE- 16 USC Sec. 580p-2 -EXPCITE- TITLE 16 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 580p-2. Deposit of fees collected under regulations relating to 'Smokey Bear'; availability -STATUTE- The Secretary of Agriculture shall deposit into a special account to be available for furthering the nationwide forest-fire prevention campaign all fees collected under regulations promulgated by him relating to 'Smokey Bear'. -SOURCE- (May 23, 1952, ch. 327, Sec. 3, 66 Stat. 92; June 22, 1974, Pub. L. 93-318, Sec. 7, 88 Stat. 245.) -COD- CODIFICATION Section was formerly classified to section 488a of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 1974 - Pub. L. 93-318 struck out 'under the provisions of section 711 of title 18' after 'relating to 'Smokey Bear'.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 580p, 580p-3 of this title. ------DocID 21911 Document 1073 of 1400------ -CITE- 16 USC Sec. 581a-2 -EXPCITE- TITLE 16 CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 581a-2. Omitted -COD- CODIFICATION Section, act June 13, 1956, ch. 380, title II, Sec. 200, 70 Stat. 269, which authorized advance of funds to cooperators, was from the Department of the Interior and Related Agencies Appropriation Act, 1957, and was not repeated in subsequent appropriation acts. -MISC3- SIMILAR PROVISIONS Similar provisions were carried in following prior appropriation acts: June 16, 1955, ch. 147, title II, Sec. 200, 69 Stat. 154. June 29, 1954, ch. 409, title I, Sec. 101, 68 Stat. 308. July 28, 1953, ch. 251, title I, Sec. 101, 67 Stat. 212. Act July 5, 1952, ch. 574, title I, Sec. 101, 66 Stat. 343. ------DocID 21920 Document 1074 of 1400------ -CITE- 16 USC Sec. 582a-2 -EXPCITE- TITLE 16 CHAPTER 3 SUBCHAPTER III -HEAD- Sec. 582a-2. Authorization of appropriations; other allotments and grants -STATUTE- To enable the Secretary to carry out the provisions of this subchapter there are authorized to be appropriated such sums as the Congress may from time to time determine to be necessary but not exceeding in any one fiscal year one-half the amount appropriated for Federal forestry research conducted directly by the Department of Agriculture for the fiscal year preceding the year in which the budget is presented for such appropriation. Funds appropriated and made available to the States under this subchapter shall be in addition to allotments or grants that may be made under other authorizations. -SOURCE- (Pub. L. 87-788, Sec. 3, Oct. 10, 1962, 76 Stat. 806.) ------DocID 21941 Document 1075 of 1400------ -CITE- 16 USC Sec. 583j-2 -EXPCITE- TITLE 16 CHAPTER 3 SUBCHAPTER V -HEAD- Sec. 583j-2. Corporate powers and obligations -STATUTE- (a) In general The Foundation - (1) shall have perpetual succession; (2) may conduct business throughout the several States, territories, and possessions of the United States and in foreign countries; (3) shall have its principal offices in the Washington, D.C. metropolitan area; and (4) shall at all times maintain a designated agent in the District of Columbia authorized to accept service of process for the Foundation. (b) Notice and service of process The serving of notice to, or service of process upon, the agent required under this paragraph, (FOOTNOTE 1) or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. (FOOTNOTE 1) So in original. Probably should be 'this section,'. (c) Seal The Foundation shall have an official seal selected by the Board which shall be judicially noticed. (d) Powers To carry out its purposes, the Foundation shall have, in addition to powers otherwise authorized under this subchapter, the usual powers of a corporation in the District of Columbia, including the power to - (1) accept, receive, solicit, hold, administer and use any gift, devise, or bequest, either absolutely or in trust, or real or personal property or any income therefrom or other interest therein; (2) acquire by donation, gift, devise, purchase or exchange any real or personal property or interest therein; (3) unless otherwise required by the instrument of transfer, sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom; (4) borrow money and issue bonds, debentures, or other debt instruments; (5) sue and be sued, and complain and defend itself in any court of competent jurisdiction (except that the Directors of the Board shall not be personally liable, except for gross negligence); (6) enter into contracts or other arrangements with public agencies, private organizations, and persons and to make such payments as may be necessary to carry out the purposes thereof; and (7) do any and all acts necessary and proper to carry out the purposes of the Foundation. (e) Property (1) The Foundation may acquire, hold and dispose of lands, waters, or other interests in real property by donation, gift, devise, purchase or exchange. For the purposes of this subchapter, an interest in real property shall include, but not be limited to, mineral and water rights, rights of way, and easements appurtenant or in gross. A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation. (2) No lands or waters, or interests therein, that are owned by the Foundation and are determined by the Chief of the United States Forest Service to be valuable for purposes established in this subchapter shall be subject to condemnation by any State or political subdivision, or any agent or instrumentality thereof. (3) The Foundation and any income or property received or owned by it, and all transactions relating to such income or property, shall be exempt from all Federal, State, and local taxation with respect thereto. (4) Contributions, gifts, and other transfers made to or for the use of the Foundation shall be treated as contributions, gifts, or transfers to an organization exempt from taxation under section 501(c)(3) of title 26. -SOURCE- (Pub. L. 101-593, title IV, Sec. 404, Nov. 16, 1990, 104 Stat. 2971.) ------DocID 21963 Document 1076 of 1400------ -CITE- 16 USC Sec. 590e-2 -EXPCITE- TITLE 16 CHAPTER 3B -HEAD- Sec. 590e-2. Employment of local engineers -STATUTE- Qualified local engineers may be temporarily employed at per diem rates to perform the technical planning work of the service. -SOURCE- (Nov. 5, 1990, Pub. L. 101-506, title II, 104 Stat. 1336.) -COD- CODIFICATION Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Soil Conservation and Domestic Allotment Act which comprises this chapter. -MISC3- SIMILAR PROVISIONS Similar provisions were carried in the following prior appropriation acts: Nov. 21, 1989, Pub. L. 101-161, title II, 103 Stat. 972. Oct. 1, 1988, Pub. L. 100-460, title II, 102 Stat. 2249. Dec. 22, 1987, Pub. L. 100-202, Sec. 101(k) (title II), 101 Stat. 1329-322, 1329-343. Oct. 18, 1986, Pub. L. 99-500, Sec. 101(a) (title II), 100 Stat. 1783, 1783-18, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(a) (title II), 100 Stat. 3341, 3341-18. Dec. 19, 1985, Pub. L. 99-190, Sec. 101(a) (H.R. 3037, title II), 99 Stat. 1185. Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(a) (H.R. 5743, title II), 98 Stat. 1837. Nov. 14, 1983, Pub. L. 98-151, Sec. 101(d) (H.R. 3223, title II), 97 Stat. 972. Dec. 18, 1982, Pub. L. 97-370, title II, 96 Stat. 1802. Dec. 23, 1981, Pub. L. 97-103, title II, 95 Stat. 1481. Dec. 15, 1980, Pub. L. 96-528, title II, 94 Stat. 3109. Nov. 9, 1979, Pub. L. 96-108, title II, 93 Stat. 833. Oct. 11, 1978, Pub. L. 95-448, title II, 92 Stat. 1086. Aug. 12, 1977, Pub. L. 95-97, title II, 91 Stat. 822. July 12, 1976, Pub. L. 94-351, title II, 90 Stat. 862. Oct. 21, 1975, Pub. L. 94-122, title II Sec. 201, 89 Stat. 658. Dec. 31, 1974, Pub. L. 93-563, title III, 88 Stat. 1837. Oct. 24, 1973, Pub. L. 93-135, title III, 87 Stat. 485. Aug. 22, 1972, Pub. L. 92-399, title III, 86 Stat. 606. Aug. 10, 1971, Pub. L. 92-73, title III, 85 Stat. 195. Dec. 22, 1970, Pub. L. 91-566, title I, 84 Stat. 1484. Nov. 26, 1969, Pub. L. 91-127, title I, 83 Stat. 248. Aug. 8, 1968, Pub. L. 90-463, title I, 82 Stat. 642. Oct. 24, 1967, Pub. L. 90-113, title I, 81 Stat. 323. Sept. 7, 1966, Pub. L. 89-556, title I, 80 Stat. 692. Nov. 2, 1965, Pub. L. 89-316, title I, 79 Stat. 1168. Sept. 2, 1964, Pub. L. 88-573, title I, 78 Stat. 865. Dec. 30, 1963, Pub. L. 88-250, title I, 77 Stat. 823. Oct. 24, 1962, Pub. L. 87-879, title I, 76 Stat. 1206. July 26, 1961, Pub. L. 87-112, title I, 75 Stat. 229. June 29, 1960, Pub. L. 86-532, title I, 74 Stat. 235. July 8, 1959, Pub. L. 86-80, title I, 73 Stat. 170. June 13, 1958, Pub. L. 85-459, title I, 72 Stat. 191. Aug. 2, 1957, Pub. L. 85-118, title I, 71 Stat. 335. June 4, 1956, ch. 355, title I, 70 Stat. 232. May 23, 1955, ch. 43, title I, 69 Stat. 54. June 29, 1954, ch. 409, title I, 68 Stat. 310. July 28, 1953, ch. 251, title I, 67 Stat. 215. July 5, 1952, ch. 574, title I, 66 Stat. 346. ------DocID 21966 Document 1077 of 1400------ -CITE- 16 USC Sec. 590g-1, 590g-2 -EXPCITE- TITLE 16 CHAPTER 3B -HEAD- Sec. 590g-1, 590g-2. Omitted -COD- CODIFICATION Section 590g-1, acts July 5, 1952, ch. 574, title I, 66 Stat. 347; July 28, 1953, ch. 251, title I, 67 Stat. 216, which related to allocations to the Soil Conservation Service for services of its technicians in formulating and carrying out the agricultural conservation program in the participating counties, was apparently restricted to the appropriation acts of which in each case it was a part. Section 590g-2, act July 5, 1952, ch. 574, title I, 66 Stat. 347, which related to allocations for State agricultural conservation programs to be utilized in determining the most needed conservation practices on individual farms, was apparently restricted to the appropriation act of which it was a part. ------DocID 21968 Document 1078 of 1400------ -CITE- 16 USC Sec. 590h-1, 590h-2 -EXPCITE- TITLE 16 CHAPTER 3B -HEAD- Sec. 590h-1, 590h-2. Omitted -COD- CODIFICATION Section 590h-1, act June 16, 1938, ch. 464, title I, 52 Stat. 746 (the Department of Agriculture Appropriation Act, 1939), which authorized the utilization of certain agencies in administering the naval stores conservation programs and in making payments to gum naval stores producers, was not repeated in subsequent appropriation acts. Section 590h-2, act July 2, 1940, ch. 521, Sec. 9, 54 Stat. 729, which related to correction of certain inequities in agricultural adjustment or conservation payments, was omitted as executed. ------DocID 21973 Document 1079 of 1400------ -CITE- 16 USC Sec. 590i-2 -EXPCITE- TITLE 16 CHAPTER 3B -HEAD- Sec. 590i-2. Omitted -COD- CODIFICATION Section, act July 2, 1942, ch. 473, 56 Stat. 508 (the Department of the Interior Appropriation Act, 1943), which related to furnishing photographs, mosaics, and maps required in soil conservation operations of the Department of the Interior, was not repeated in subsequent appropriation acts. -MISC3- SIMILAR PROVISION Similar provision was contained in prior appropriation act of June 28, 1941, ch. 259, 55 Stat. 306. ------DocID 21984 Document 1080 of 1400------ -CITE- 16 USC Sec. 590q-2 -EXPCITE- TITLE 16 CHAPTER 3B -HEAD- Sec. 590q-2. Voluntary relinquishment of allotments -STATUTE- Notwithstanding any other provision of law, the Secretary may provide for the reduction or cancellation of any allotment or base when the owner of the farm states in writing that he has no further use of such allotment or base. -SOURCE- (Pub. L. 91-524, title VIII, Sec. 803, Nov. 30, 1970, 84 Stat. 1381.) -COD- CODIFICATION Section was enacted as part of the Agriculture Act of 1970, and not as part of the Soil Conservation and Domestic Allotment Act which comprises this chapter. ------DocID 21993 Document 1081 of 1400------ -CITE- 16 USC Sec. 590z-2 -EXPCITE- TITLE 16 CHAPTER 3C SUBCHAPTER II -HEAD- Sec. 590z-2. Repayment contracts -STATUTE- (a) Necessity No water for irrigation may be delivered from the works of any project constructed under the authority of this subchapter until after the repayment contract or contracts required by this section have been executed. Where practicable in the judgment of the Secretary, the repayment contract shall be with a water users' organization or organizations satisfactory in form and powers to the Secretary; and otherwise the repayment contract shall be with the individual landowners. The contract or contracts shall contain such provisions as the Secretary deems necessary to carry out the purposes of this subchapter and to protect the interests of the United States. (b) 'Reimbursable construction cost' defined The term 'reimbursable construction costs' as used in this subchapter means that part of the costs of investigating, constructing, and operating and maintaining the project, which are allocated by the Secretary to irrigation, and which are met by expenditures of moneys therefor appropriated under the authority of section 590z-10(1) of this title, plus such amounts as the President, under section 590z(1) of this title, may determine to be reimbursable: Provided, That administrative expenses incurred in the District of Columbia in connection with the investigation construction, or operation and maintenance of a project shall not be included in the reimbursable construction costs nor shall they be charged to the water users in any way. (c) Terms The repayment contract or contracts for a project shall, in their aggregate, provide for repayment to the United States of the total amount of the reimbursable construction costs of the project allocated to irrigation. Each such contract shall provide, among other things, that - (1) The Secretary shall fix a development period for each project of not to exceed ten years from and including the first calendar year in which water is delivered for the lands in said project; and during the development period water shall be delivered to the lands in the project involved at a charge per acre-foot, or other charge, to be fixed by the Secretary each year and to be paid in advance of delivery of water. Such charges shall be fixed with a view of returning such amounts as in the Secretary's judgment are justified by the rate of project development, including as a minimum the return over the full development period of that part of the cost of operating and maintaining the project, during said period, allocated by the Secretary to irrigation; and collections of such charges in excess of the cost of the operation and maintenance during the development period, as thereafter determined by the Secretary, shall be credited to the reimbursable construction costs of the project in the manner determined by the Secretary. (2) The United States shall operate and maintain the project during the development period fixed for it. After the development period, the United States shall operate and maintain the project or any part thereof as long as is deemed necessary by the Secretary, and shall be paid in advance for each year that part of the estimated cost of operating and maintaining the project for such year allocated by the Secretary to irrigation. In the event charges due the United States are not paid when due the United States may, at its election, suspend operations in whole or in part. (3) The repayment of the reimbursable construction costs, except as to Indian lands which shall be repayable in accordance with existing law relating to Indian lands, shall be spread in not to exceed forty annual installments, of the number and amounts fixed by the Secretary; and the first annual installment under each contract shall become due and payable on the date fixed by the Secretary, in the year next following the last year of the development period fixed under subsection (c)(1) of this section: Provided, That the provisions of this subsection shall not be construed to modify the provisions of special legislation pertaining to any particular project. (4) The water users or their organization will take such measures as the Secretary deems proper to secure the adoption of proper accounting, to protect the condition of project works, and to provide for the proper use thereof, and to protect project lands against deterioration due to improper use of water. Delinquencies in any payments due to the United States shall be penalized by a penalty of not less than one-half of 1 per centum per month. No water shall be delivered to or for any land or party while either said land or the organization in which it is located or said party is in arrears in the advance payment of operation and maintenance charges or development period charges under subsection (c)(1) of this section, or in arrears for more than twelve months in the payment of an installment of the reimbursable construction costs. (5) The Secretary shall establish the size of farm units of irrigable lands on each project in accordance with his findings of the area sufficient in size for the support of a family on the lands to be irrigated. No water may be delivered to or for more than the farm unit area of irrigable lands in the project owned by a single landowner: Provided, That this subsection shall not apply to the United States or any agency or instrumentality thereof, corporate or otherwise. No water shall be delivered to or for any land, in a project area, transferred or disposed of subsequent to approval of the project by the President, and within three years from the time water becomes available, unless and until it has been shown to the satisfaction of the Secretary or his duly authorized representative that the land has been transferred or disposed of at a price not exceeding the appraised value as determined by the Secretary or his duly authorized representatives, and upon proof of fraudulent representation as to the true consideration involved the Secretary is authorized to cancel the water right attaching to the land involved: Provided further, That nothing herein shall be construed to create authority to interfere with the delivery of water under prior rights. -SOURCE- (Aug. 11, 1939, ch. 717, Sec. 4, as added Oct. 14, 1940, ch. 861, 54 Stat. 1121, and amended July 16, 1943, ch. 242, Sec. 5, 57 Stat. 567.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in subsec. (c)(5), means act Aug. 11, 1939, which comprises this subchapter. -MISC2- PRIOR PROVISIONS A prior section 4 of act Aug. 11, 1939, ch. 717, 53 Stat. 1419, covering authorization of appropriations, was omitted in the general amendment of that act by act Oct. 14, 1940. See section 590z-10 of this title. AMENDMENTS 1943 - Subsec. (d). Act July 16, 1943, added subsec. (d). EXPIRATION OF SUBSECTION (D) Subsection (d) of this section, by the terms thereof, ceased to be of force and effect, except as to certain projects, six months after cessation of hostilities of World War II, which was proclaimed at 12 o'clock noon of December 31, 1946, by Proc. No. 2714, 12 F.R. 1, set out as a note preceding section 1 of Appendix to Title 50, War and National Defense. EXTENSION OF VARIABLE PAYMENT PLAN Authority of Secretary to extend benefits of variable payment plan to organizations with which he contracts or has contracted for the repayment of construction costs allocated to irrigation on any project undertaken by the United States, including contracts under this subchapter, see section 2 of Pub. L. 85-611, Aug. 8, 1958, 72 Stat. 542, set out as a note under section 485h of Title 43, Public Lands. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 590y, 590z-1, 590z-3, 590z-4, 590z-6, 590z-7 of this title. ------DocID 22226 Document 1082 of 1400------ -CITE- 16 USC Sec. 698m-2 -EXPCITE- TITLE 16 CHAPTER 6 -HEAD- Sec. 698m-2. Establishment of recreational access points, roads, etc., in conjunction with creation of Big Cypress National Preserve Addition; cooperation among agencies -STATUTE- The Secretary and other involved Federal agencies shall cooperate with the State of Florida to establish recreational access points and roads, rest and recreation areas, wildlife protection, hunting, fishing, frogging, and other traditional recreational opportunities in conjunction with the creation of the Addition and in the construction of Interstate Highway 75. Three of such access points shall be located within the preserve (including the Addition). -SOURCE- (Pub. L. 93-440, Sec. 10, as added Pub. L. 100-301, Sec. 5, Apr. 29, 1988, 102 Stat. 445.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 698f, 698g, 698h, 698i, 698j, 698m, 698m-1, 698m-3 of this title. ------DocID 22254 Document 1083 of 1400------ -CITE- 16 USC Sec. 715d-1, 715d-2 -EXPCITE- TITLE 16 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 715d-1, 715d-2. Repealed. Pub. L. 89-669, Sec. 8(a), Oct. 15, 1966, 80 Stat. 930 -MISC1- Sections, act June 15, 1935, ch. 261, title III, Sec. 302, 303, 49 Stat. 382, provided for acceptance of land in exchange for other land or timber, etc. rights and for acceptance of land in exchange for patent to nonmineral public land. See section 668dd(b)(3) of this title. ------DocID 22265 Document 1084 of 1400------ -CITE- 16 USC Sec. 715k-2 -EXPCITE- TITLE 16 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 715k-2. Omitted -COD- CODIFICATION Section, acts June 29, 1937, ch. 404, title I, 50 Stat. 421; June 16, 1938, ch. 464, title I, 52 Stat. 736; June 30, 1939, ch. 253, title I, 53 Stat. 965, made an earlier specific appropriation available for maintenance and operation of motor-propelled passenger-carrying vehicles. ------DocID 22317 Document 1085 of 1400------ -CITE- 16 USC Sec. 742j-2 -EXPCITE- TITLE 16 CHAPTER 9 -HEAD- Sec. 742j-2. Uniform allowance -STATUTE- Notwithstanding subsection (FOOTNOTE 1) 5901(a) of title 5, the uniform allowance for each uniformed employee of the United States Fish and Wildlife Service may be up to $400 annually. (FOOTNOTE 1) So in original. Probably should be 'section'. -SOURCE- (Aug. 8, 1956, ch. 1036, Sec. 14, as added June 28, 1980, Pub. L. 96-291, Sec. 2, 94 Stat. 608.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1534 of this title. ------DocID 22356 Document 1086 of 1400------ -CITE- 16 USC Sec. 758e-2 -EXPCITE- TITLE 16 CHAPTER 9A -HEAD- Sec. 758e-2. Repealed. Pub. L. 99-386, title I, Sec. 102, Aug. 22, 1986, 100 Stat. 821 -MISC1- Section, Pub. L. 92-444, Sec. 5, formerly Sec. 4, Sept. 29, 1972, 86 Stat. 745; Pub. L. 94-273, Sec. 2(10), Apr. 21, 1976, 90 Stat. 375; Pub. L. 94-343, Sec. 1(2), July 6, 1976, 90 Stat. 809; renumbered Pub. L. 95-295, Sec. 1(4), June 16, 1978, 92 Stat. 319, related to submission to President and Congress of annual report by Secretary on Central, Western, and South Pacific Ocean fisheries development program. ------DocID 22363 Document 1087 of 1400------ -CITE- 16 USC Sec. 760-2 -EXPCITE- TITLE 16 CHAPTER 9A -HEAD- Sec. 760-2. Establishment of fish hatchery in Montana -STATUTE- The Secretary of the Interior is authorized to establish, construct, equip, operate, and maintain a new fish hatchery in the vicinity of Miles City, Montana. -SOURCE- (June 4, 1956, ch. 366, Sec. 1, 70 Stat. 247.) -MISC1- TRANSFER OF MILES CITY NATIONAL FISH HATCHERY Pub. L. 99-432, Sec. 7, Oct. 1, 1986, 100 Stat. 990, provided that: 'Notwithstanding any other law, the Secretary of the Interior shall convey to the State of Montana, without reimbursement to the United States and no later than thirty days following enactment of this legislation (Oct. 1, 1986), all of the rights (including all water rights), title, and interest of the United States in and to the fish hatchery property located south of Miles City, Montana, and known as the Miles City National Fish Hatchery, consisting of 168.22 acres, more or less, of land, together with any improvements and related personal property thereon. The property conveyed shall be used by the Montana Department of Fish, Wildlife and Parks as part of the Montana fishery resources management program. If the property conveyed is ever used for other than these purposes, title to such property shall revert to the United States.' Similar provisions were contained in Pub. L. 99-500, Sec. 101(h) (title I, Sec. 112), Oct. 18, 1986, 100 Stat. 1783-242, 1783-262, and Pub. L. 99-591, Sec. 101(h) (title I, Sec. 112), Oct. 30, 1986, 100 Stat. 3341-242, 3341-262. APPROPRIATIONS Section 2 of act June 4, 1956, authorized an appropriation of $465,000 to carry out this section. ------DocID 22477 Document 1088 of 1400------ -CITE- 16 USC Sec. 824a-2 -EXPCITE- TITLE 16 CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 824a-2. Reliability -STATUTE- (a) Study (1) The Secretary, in consultation with the Commission, shall conduct a study with respect to - (A) the level of reliability appropriate to adequately serve the needs of electric consumers, taking into account cost effectiveness and the need for energy conservation, (B) the various methods which could be used in order to achieve such level of reliability and the cost effectiveness of such methods, and (C) the various procedures that might be used in case of an emergency outage to minimize the public disruption and economic loss that might be caused by such an outage and the cost effectiveness of such procedures. Such study shall be completed and submitted to the President and the Congress not later than 18 months after November 9, 1978. Before such submittal the Secretary shall provide an opportunity for public comment on the results of such study. (2) The study under paragraph (1) shall include consideration of the following: (A) the cost effectiveness of investments in each of the components involved in providing adequate and reliable electric service, including generation, transmission, and distribution facilities, and devices available to the electric consumer; (B) the environmental and other effects of the investments considered under subparagraph (A); (C) various types of electric utility systems in terms of generation, transmission, distribution and customer mix, the extent to which differences in reliability levels may be desirable, and the cost-effectiveness of the various methods which could be used to decrease the number and severity of any outages among the various types of systems; (D) alternatives to adding new generation facilities to achieve such desired levels of reliability (including conservation); (E) the cost-effectiveness of adding a number of small, decentralized conventional and nonconventional generating units rather than a small number of large generating units with a similar total megawatt capacity for achieving the desired level of reliability; and (F) any standards for electric utility reliability used by, or suggested for use by, the electric utility industry in terms of cost-effectiveness in achieving the desired level of reliability, including equipment standards, standards for operating procedures and training of personnel, and standards relating the number and severity of outages to periods of time. (b) Examination of reliability issues by reliability councils The Secretary, in consultation with the Commission, may, from time to time, request the reliability councils established under section 202(a) of the Federal Power Act (16 U.S.C. 824a(a) of this title) or other appropriate persons (including Federal agencies) to examine and report to him concerning any electric utility reliability issue. The Secretary shall report to the Congress (in its annual report or in the report required under subsection (a) of this section if appropriate) the results of any examination under the preceding sentence. (c) Department of Energy recommendations The Secretary, in consultation with the Commission, and after opportunity for public comment, may recommend industry standards for reliability to the electric utility industry, including standards with respect to equipment, operating procedures and training of personnel, and standards relating to the level or levels of reliability appropriate to adequately and reliably serve the needs of electric consumers. The Secretary shall include in his annual report - (1) any recommendations made under this subsection or any recommendations respecting electric utility reliability problems under any other provision of law, and (2) a description of actions taken by electric utilities with respect to such recommendations. -SOURCE- (Pub. L. 95-617, title II, Sec. 209, Nov. 9, 1978, 92 Stat. 3143.) -REFTEXT- REFERENCES IN TEXT The Secretary and the Commission, referred to in subsecs. (a)(1), (b), and (c), mean the Secretary of Energy and the Federal Energy Regulatory Commission, respectively. See section 2602(3) and (14) of this title. -COD- CODIFICATION Section was enacted as part of the Public Utility Regulatory Policies Act of 1978, and not as part of the Federal Power Act which generally comprises this chapter. ------DocID 22513 Document 1089 of 1400------ -CITE- 16 USC Sec. 825s-2 -EXPCITE- TITLE 16 CHAPTER 12 SUBCHAPTER III -HEAD- Sec. 825s-2. Southeastern area sale and transmission of electric power; disposition of receipts; creation of continuing funds; use of fund -STATUTE- All receipts from the transmission and sale of electric power and energy under the provisions of section 825s of this title, generated or purchased in the southeastern power area, shall be covered into the Treasury of the United States as miscellaneous receipts, except that the Treasury shall set up and maintain from such receipts a continuing fund of $50,000, and said fund shall be placed to the credit of the Secretary, and shall be subject to check by him to defray emergency expenses necessary to insure continuity of electric service and continuous operation of Government facilities in said area. -SOURCE- (Aug. 31, 1951, ch. 375, title I, Sec. 101, 65 Stat. 249.) -COD- CODIFICATION Section was not enacted as part of the Federal Power Act which generally comprises this chapter. ------DocID 22529 Document 1090 of 1400------ -CITE- 16 USC Sec. 831c-2 -EXPCITE- TITLE 16 CHAPTER 12A -HEAD- Sec. 831c-2. Civil actions for injury or loss of property or personal injury or death -STATUTE- (a) Exclusiveness of remedy (1) An action against the Tennessee Valley Authority for injury or loss of property, or personal injury or death arising or resulting from the negligent or wrongful act or omission of any employee of the Tennessee Valley Authority while acting within the scope of this office or employment is exlusive (FOOTNOTE 1) of any other civil action or proceeding by reason of the same subject matter against the employee or his estate whose act or omission gave rise to the claim. Any other civil action or proceeding arising out of or relating to the same subject matter against the employee or his estate is precluded without regard to when the act or omission occurred. (FOOTNOTE 1) So in original. Probably should be 'exclusive'. (2) Paragraph (1) does not extend or apply to a cognizable action against an employee of the Tennessee Valley Authority for money damages for a violation of the Constitution of the Untied States. (b) Representation and removal (1) Upon certification by the Tennessee Valley Authority that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding heretofore or hereafter commenced upon such claim in a United States district court shall be deemed an action against the Tennessee Valley Authority pursuant to 16 U.S.C. 831c(b) and the Tennessee Valley Authority shall be substituted as the party defendant. (2) Upon certification by the Tennessee Valley Authority that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a State court shall be removed without bond at any time before trial by the Tennessee Valley Authority to the district court of the United States for the district and division embracing the place wherein it is pending. Such action shall be deemed an action brought against the Tennessee Valley Authority under the provisions of this title (FOOTNOTE 2) and all references thereto, and the Tennessee Valley Authority shall be substituted as the party defendant. This certification of the Tennessee Valley Authority shall conclusively establish scope of office or employment for purposes of removal. (FOOTNOTE 2) See References in Text note below. (3) In the event that the Tennessee Valley Authority has refused to certify scope of office or employment under this section, the employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment. Upon such certification by the court, such action shall be deemed an action brought against the Tennessee Valley Authority, and the Tennessee Valley Authority shall be substituted as the party defendant. A copy of the petition shall be served upon the Tennessee Valley Authority in accordance with the Federal Rules of Civil Procedure. In the event the petition is filed in a civil action or proceeding pending in a State court, the action or proceeding may be removed without bond by the Tennessee Valley Authority to the district court of the United States for the district and division embracing the place in which it is pending. If, in considering the petition, the district court determines that the employee was not acting within the scope of his office or employment, the action or proceeding shall be remanded to the State court. (4) Upon certification, any actions subject to paragraph (1), (2), or (3) shall proceed in the same manner as any action against the Tennessee Valley Authority and shall be subject to the limitations and exceptions applicable to those actions. -SOURCE- (Pub. L. 100-694, Sec. 9(a), (b), Nov. 18, 1988, 102 Stat. 4566.) -REFTEXT- REFERENCES IN TEXT This title, referred to in subsec. (b)(2), probably should be this section, as Pub. L. 100-694, which enacted this section, did not contain titles. The Federal Rules of Civil Procedure, referred to in subsec. (b)(3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. -COD- CODIFICATION Section was enacted as part of the Federal Employees Liability Reform and Tort Compensation Act of 1988, and not as part of the Tennessee Valley Authority Act of 1933, which comprises this chapter. -MISC3- EFFECTIVE DATE Section effective Nov. 18, 1988, and applicable to all claims, civil actions, and proceedings pending on, or filed on or after Nov. 18, 1988, see section 8 of Pub. L. 100-694, set out as an Effective Date of 1988 Amendment note under section 2679 of Title 28, Judiciary and Judicial Procedure. ------DocID 22536 Document 1091 of 1400------ -CITE- 16 USC Sec. 831h-2 -EXPCITE- TITLE 16 CHAPTER 12A -HEAD- Sec. 831h-2. Repealed. Pub. L. 86-137, Sec. 1, Aug. 6, 1959, 73 Stat. 280 -MISC1- Section, act July 30, 1947, ch. 358, title II, Sec. 201, 61 Stat. 574, placed a limitation on use of power revenues of the Tennessee Valley Authority. See section 831n-4 of this title. ------DocID 22545 Document 1092 of 1400------ -CITE- 16 USC Sec. 831n-2 -EXPCITE- TITLE 16 CHAPTER 12A -HEAD- Sec. 831n-2. Bonds; limitation of issuance under sections 831n and 831n-1 -STATUTE- No bonds shall be issued by the Corporation after the date of enactment of this section under section 831n or 831n-1 of this title. -SOURCE- (May 18, 1933, ch. 32, Sec. 15b, as added July 26, 1939, ch. 366, 53 Stat. 1083.) -REFTEXT- REFERENCES IN TEXT The date of enactment of this section, referred to in text, probably means July 26, 1939. ------DocID 22605 Document 1093 of 1400------ -CITE- 16 USC Sec. 835c-2 -EXPCITE- TITLE 16 CHAPTER 12D -HEAD- Sec. 835c-2. Authorization of appropriations; establishment of Columbia Basin Land Development Account -STATUTE- There are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such moneys as may be necessary to carry out the provisions of sections 835 and 835a to 835c-5 (FOOTNOTE 1) of this title, to be reimbursable to the extent required by such sections. All revenues received in carrying out the provisions of section 835c of this title shall be covered into the General Treasury as miscellaneous receipts. Amounts equal to appropriated funds requisitioned by the Secretary and made available for disbursement on the books of the Treasurer of the United States shall be debited in a special account in the Treasury, to be known as the Columbia Basin Land Development Account. Amounts equal to revenues covered into the General Treasury as miscellaneous receipts shall be credited in said special account. After such credits equal the amount of the debits with interest thereon at the rate of 3 per centum per annum from the respective dates of the debits, additional credits in said special account shall be made by the Secretary, in the manner determined by him, the basis of corresponding credits to the construction cost obligations of the district or districts entering into contracts for the repayment thereof. (FOOTNOTE 1) See References in Text note below. -SOURCE- (May 27, 1937, ch. 269, Sec. 6, as added Mar. 10, 1943, ch. 14, 57 Stat. 19, and amended Oct. 1, 1962, Pub. L. 87-728, Sec. 6(b), 76 Stat. 679.) -REFTEXT- REFERENCES IN TEXT Sections 835a, 835b, 835c-3 and 835c-5, included within the reference to sections 835a to 835c-5 of this title, were repealed by Pub. L. 87-728, Sec. 3, Oct. 1, 1962, 76 Stat. 678. -MISC2- AMENDMENTS 1962 - Pub. L. 87-728 substituted 'for the repayment thereof' for 'under section 835a of this title'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 835, 835c, 835c-1, 835c-4, 835d of this title. ------DocID 23705 Document 1094 of 1400------ -CITE- 17 USC CHAPTER 2 -EXPCITE- TITLE 17 CHAPTER 2 -HEAD- CHAPTER 2 - COPYRIGHT OWNERSHIP AND TRANSFER -MISC1- Sec. 201. Ownership of copyright. 202. Ownership of copyright as distinct from ownership of material object. 203. Termination of transfers and licenses granted by the author. 204. Execution of transfers of copyright ownership. 205. Recordation of transfers and other documents. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 912 of this title. ------DocID 23787 Document 1095 of 1400------ -CITE- 18 USC Sec. 2 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 2. Principals -STATUTE- (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 684; Oct. 31, 1951, ch. 655, Sec. 17b, 65 Stat. 717.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 550 (Mar. 4, 1909, ch. 321, Sec. 332, 35 Stat. 1152). Section 2(a) comprises section 550 of title 18, U.S.C., 1940 ed., without change except in minor matters of phraseology. Section 2(b) is added to permit the deletion from many sections throughout the revision of such phrases as 'causes or procures'. The section as revised makes clear the legislative intent to punish as a principal not only one who directly commits an offense and one who 'aids, abets, counsels, commands, induces or procures' another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States. It removes all doubt that one who puts in motion or assists in the illegal enterprise but causes the commission of an indispensable element of the offense by an innocent agent or instrumentality, is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense. This accords with the following decisions: Rothenburg v. United States, 1918, 38 S. Ct. 18, 245 U.S. 480, 62 L. Ed. 414, and United States v. Hodorowicz, C. C. A. Ill. 1939, 105 F. 2d 218, certiorari denied, 60 S. Ct. 108, 308 U.S. 584, 84 L. Ed. 489. United States v. Giles, 1937, 57 S. Ct. 340, 300 U.S. 41, 81 L. Ed. 493, rehearing denied, 57 S. Ct. 505, 300 U.S. 687, 81 L. Ed. 888. AMENDMENTS 1951 - Subsec. (a). Act Oct. 31, 1951, inserted 'punishable as'. Subsec. (b). Act Oct. 31, 1951, inserted 'willfully' before 'causes', and 'or another' after 'him', and substituted 'is punishable as a principal' for 'is also a principal and punishable as such'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1962 of this title; title 21 sections 848, 854; title 49 App. section 1473; title 50 section 422. ------DocID 23806 Document 1096 of 1400------ -CITE- 18 USC CHAPTER 2 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES -MISC1- Sec. 31. Definitions. 32. Destruction of aircraft or aircraft facilities. 33. Destruction of motor vehicles or motor vehicle facilities. 34. Penalty when death results. 35. Imparting or conveying false information. ------DocID 25046 Document 1097 of 1400------ -CITE- 18 USC APPENDIX - INTERSTATE AGREEMENT ON DETAINERS Sec. 2 -EXPCITE- TITLE 18 INTERSTATE AGREEMENT ON DETAINERS -HEAD- Sec. 2. Enactment into law of Interstate Agreement on Detainers -STATUTE- The Interstate Agreement on Detainers is hereby enacted into law and entered into by the United States on its own behalf and on behalf of the District of Columbia with all jurisdictions legally joining in substantially the following form: 'The contracting States solemnly agree that: 'ARTICLE I 'The party States find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party States and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party States also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures. 'ARTICLE II 'As used in this agreement: '(a) 'State' shall mean a State of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. '(b) 'Sending State' shall mean a State in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to article III hereof or at the time that a request for custody or availability is initiated pursuant to article IV hereof. '(c) 'Receiving State' shall mean the State in which trial is to be had on an indictment, information, or complaint pursuant to article III or article IV hereof. 'ARTICLE III '(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party State, and whenever during the continuance of the term of imprisonment there is pending in any other party State any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred and eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information, or complaint: Provided, That, for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decision of the State parole agency relating to the prisoner. '(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested. '(c) The warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based. '(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the State to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the State to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information, or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. '(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving State to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending State. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law. '(f) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (a) hereof shall void the request. 'ARTICLE IV '(a) The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party State made available in accordance with article V(a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the State in which the prisoner is incarcerated: Provided, That the court having jurisdiction of such indictment, information, or complaint shall have duly approved, recorded, and transmitted the request: And provided further, That there shall be a period of thirty days after receipt by the appropriate authorities before the request be honored, within which period the Governor of the sending State may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner. '(b) Upon request of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the State parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving State who has lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor. '(c) In respect of any proceeding made possible by this article, trial shall be commenced within one hundred and twenty days of the arrival of the prisoner in the receiving State, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. '(d) Nothing contained in this article shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending State has not affirmatively consented to or ordered such delivery. '(e) If trial is not had on any indictment, information, or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to article V(e) hereof, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. 'ARTICLE V '(a) In response to a request made under article III or article IV hereof, the appropriate authority in a sending State shall offer to deliver temporary custody of such prisoner to the appropriate authority in the State where such indictment, information, or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in article III of this agreement. In the case of a Federal prisoner, the appropriate authority in the receiving State shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in Federal custody at the place of trial, whichever custodial arrangement may be approved by the custodian. '(b) The officer or other representative of a State accepting an offer of temporary custody shall present the following upon demand: '(1) Proper identification and evidence of his authority to act for the State into whose temporary custody this prisoner is to be given. '(2) A duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made. '(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in article III or article IV hereof, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. '(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution. '(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending State. '(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow. '(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending State and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law. '(h) From the time that a party State receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending State, the State in which the one or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping, and returning the prisoner. The provisions of this paragraph shall govern unless the States concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party State, or between a party State and its subdivisions, as to the payment of costs, or responsibilities therefor. 'ARTICLE VI '(a) In determining the duration and expiration dates of the time periods provided in articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter. '(b) No provision of this agreement, and no remedy made available by this agreement shall apply to any person who is adjudged to be mentally ill. 'ARTICLE VII 'Each State party to this agreement shall designate an officer who, acting jointly with like officers of other party States, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the State, information necessary to the effective operation of this agreement. 'ARTICLE VIII 'This agreement shall enter into full force and effect as to a party State when such State has enacted the same into law. A State party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any State shall not affect the status of any proceedings already initiated by inmates or by State officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof. 'ARTICLE IX 'This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party State or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any State party hereto, the agreement shall remain in full force and effect as to the remaining States and in full force and effect as to the State affected as to all severable matters.' -SOURCE- (Pub. L. 91-538, Sec. 2, Dec. 9, 1970, 84 Stat. 1397.) ------DocID 25056 Document 1098 of 1400------ -CITE- 18 USC APPENDIX - CLASSIFIED INFORMATION PROCEDURES ACT Sec. 2 -EXPCITE- TITLE 18 CLASSIFIED INFORMATION PROCEDURES ACT -HEAD- Sec. 2. Pretrial conference -STATUTE- At any time after the filing of the indictment or information, any party may move for a pretrial conference to consider matters relating to classified information that may arise in connection with the prosecution. Following such motion, or on its own motion, the court shall promptly hold a pretrial conference to establish the timing of requests for discovery, the provision of notice required by section 5 of this Act, and the initiation of the procedure established by section 6 of this Act. In addition, at the pretrial conference the court may consider any matters which relate to classified information or which may promote a fair and expeditious trial. No admission made by the defendant or by any attorney for the defendant at such a conference may be used against the defendant unless the admission is in writing and is signed by the defendant and by the attorney for the defendant. -SOURCE- (Pub. L. 96-456, Sec. 2, Oct. 15, 1980, 94 Stat. 2025.) ------DocID 25075 Document 1099 of 1400------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 2 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS I -HEAD- Rule 2. Purpose and Construction -STATUTE- These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Compare Federal Rules of Civil Procedure (28 U.S.C., Appendix), Rule 1 (Scope of Rules), last sentence: 'They (the Federal Rules of Civil Procedure) shall be construed to secure the just, speedy, and inexpensive determination of every action.' ------DocID 25091 Document 1100 of 1400------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 12.2 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS IV -HEAD- Rule 12.2. Notice of Insanity Defense or Expert Testimony of Defendant's Mental Condition -STATUTE- (a) Defense of Insanity. If a defendant intends to rely upon the defense of insanity at the time of the alleged offense, the defendant shall, within the time provided for the filing of pretrial motions or at such later time as the court may direct, notify the attorney for the government in writing of such intention and file a copy of such notice with the clerk. If there is a failure to comply with the requirements of this subdivision, insanity may not be raised as a defense. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make such other order as may be appropriate. (b) Expert Testimony of Defendant's Mental Condition. If a defendant intends to introduce expert testimony relating to a mental disease or defect or any other mental condition of the defendant bearing upon the issue of guilt, the defendant shall, within the time provided for the filing of pretrial motions or at such later time as the court may direct, notify the attorney for the government in writing of such intention and file a copy of such notice with the clerk. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make such other order as may be appropriate. (c) Mental Examination of Defendant. In an appropriate case the court may, upon motion of the attorney for the government, order the defendant to submit to an examination pursuant to 18 U.S.C. 4241 or 4242. No statement made by the defendant in the course of any examination provided for by this rule, whether the examination be with or without the consent of the defendant, no testimony by the expert based upon such statement, and no other fruits of the statement shall be admitted in evidence against the defendant in any criminal proceeding except on an issue respecting mental condition on which the defendant has introduced testimony. (d) Failure To Comply. If there is a failure to give notice when required by subdivision (b) of this rule or to submit to an examination when ordered under subdivision (c) of this rule, the court may exclude the testimony of any expert witness offered by the defendant on the issue of the defendant's guilt. (e) Inadmissibility of Withdrawn Intention. Evidence of an intention as to which notice was given under subdivision (a) or (b), later withdrawn, is not, in any civil or criminal proceeding, admissible against the person who gave notice of the intention. -SOURCE- (Added Apr. 22, 1974, eff. Dec. 1, 1975, and amended July 31, 1975, Pub. L. 94-64, Sec. 3(14), 89 Stat. 373; Apr. 28, 1983, eff. Aug. 1, 1983; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 404, 98 Stat. 2067; Oct. 30, 1984, Pub. L. 98-596, Sec. 11(a), (b), 98 Stat. 3138; Apr. 29, 1985, eff. Aug. 1, 1985; Nov. 10, 1986, Pub. L. 99-646, Sec. 24, 100 Stat. 3597; Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Rule 12.2 is designed to require a defendant to give notice prior to trial of his intention (1) to rely upon the defense of insanity or (2) to introduce expert testimony of mental disease or defect on the theory that such mental condition is inconsistent with the mental state required for the offense charged. This rule does not deal with the issue of mental competency to stand trial. The objective is to give the government time to prepare to meet the issue, which will usually require reliance upon expert testimony. Failure to give advance notice commonly results in the necessity for a continuance in the middle of a trial, thus unnecessarily delaying the administration of justice. A requirement that the defendant give notice of his intention to rely upon the defense of insanity was proposed by the Advisory Committee in the Second Preliminary Draft of Proposed Amendments (March 1964), rule 12.1, p. 7. The objective of the 1964 proposal was explained in a brief Advisory Committee Note: Under existing procedure although insanity is a defense, once it is raised the burden to prove sanity beyond a reasonable doubt rests with the government. Davis v. United States, 160 U.S. 469, 16 S.Ct. 353, 40 L.Ed. 499 (1895). This rule requires pretrial notice to the government of an insanity defense, thus permitting it to prepare to meet the issue. Furthermore, in Lynch v. Overholser, 369 U.S. 705, 82 S.Ct. 1063, 8 L.Ed.2d 211 (1962), the Supreme Court held that, at least in the face of a mandatory commitment statute, the defendant had a right to determine whether or not to raise the issue of insanity. The rule gives the defendant a method of raising the issue and precludes any problem of deciding whether or not the defendant relied on insanity. The Standing Committee on Rules of Practice and Procedure decided not to recommend the proposed Notice of Insanity rule to the Supreme Court. Reasons were not given. Requiring advance notice of the defense of insanity is commonly recommended as a desirable procedure. The Working Papers of the National Commission on Reform of Federal Criminal Laws, Vol. 1, p. 254 (1970), state in part: It is recommended that procedural reform provide for advance notice that evidence of mental disease or defect will be relied upon in defense. . . . Requiring advance notice is proposed also by the American Law Institute's Model Penal Code, Sec. 4.03 (P.O.D. 1962). The commentary in Tentative Draft No. 4 at 193-194 (1955) indicates that, as of that time, six states required pretrial notice and an additional eight states required that the defense of insanity be specially pleaded. For recent state statutes see N.Y. CPL Sec. 250.10 (McKinney's Consol. Laws, c. 11-A, 1971) enacted in 1970 which provides that no evidence by a defendant of a mental disease negativing criminal responsibility shall be allowed unless defendant has served notice on the prosecutor of his intention to rely upon such defense. See also New Jersey Penal Code (Final Report of the New Jersey Criminal Law Revision Commission, Oct. 1971) Sec. 2c: 4-3; New Jersey Court Rule 3:12; State v. Whitlow, 45 N.J. 3, 22 n. 3, 210 T.2d 763 (1965), holding the requirement of notice to be both appropriate and not in violation of the privilege against self-incrimination. Subdivision (a) deals with notice of the 'defense of insanity.' In this context the term insanity has a well-understood meaning. See, e.g., Tydings, A Federal Verdict of Not Guilty by Reason of Insanity and a Subsequent Commitment Procedure, 27 Md.L.Rev. 131 (1967). Precisely how the defense of insanity is phrased does, however, differ somewhat from circuit to circuit. See Study Draft of a New Federal Criminal Code, Sec. 503 Comment at 37 (USGPO 1970). For a more extensive discussion of present law, see Working Papers of the National Commission on Reform of Federal Criminal Laws, Vol. 1, pp. 229-247 (USGPO 1970). The National Commission recommends the adoption of a single test patterned after the proposal of the American Law Institute's Model Penal Code. The proposed definition provides in part: In any prosecution for an offense lack of criminal responsibility by reason of mental disease or defect is a defense. (Study Draft of a New Federal Criminal Code Sec. 503 at 36-37.) Should the proposal of the National Commission be adopted by the Congress, the language of subdivision (a) probably ought to be changed to read 'defense of lack of criminal responsibility by reason of mental disease or defect' rather than 'defense of insanity.' Subdivision (b) is intended to deal with the issue of expert testimony bearing upon the issue of whether the defendant had the 'mental state required for the offense charged.' There is some disagreement as to whether it is proper to introduce evidence of mental disease or defect bearing not upon the defense of insanity, but rather upon the existence of the mental state required by the offense charged. The American Law Institute's Model Penal Code takes the position that such evidence is admissible (Sec. 4.02(1) (P.O.D. 1962)). See also People v. Gorshen, 51 Cal.2d 716, 336 P.2d 492 (1959). The federal cases reach conflicting conclusions. See Rhodes v. United States, 282 F.2d 59, 62 (4th Cir. 1960): The proper way would have been to ask the witness to describe the defendant's mental condition and symptoms, his pathological beliefs and motivations, if he was thus afflicted, and to explain how these influenced or could have influenced his behavior, particularly his mental capacity knowingly to make the false statement charged, or knowingly to forge the signatures * * *. Compare Fisher v. United States, 328 U.S. 463, 66 S.Ct. 1318, 90 L.Ed. 1382 (1946). Subdivision (b) does not attempt to decide when expert testimony is admissible on the issue of the requisite mental state. It provides only that the defendant must give pretrial notice when he intends to introduce such evidence. The purpose is to prevent the need for a continuance when such evidence is offered without prior notice. The problem of unnecessary delay has arisen in jurisdictions which do not require prior notice of an intention to use expert testimony on the issue of mental state. Referring to this, the California Special Commission on Insanity and Criminal Offenders, First Report 30 (1962) said: The abuses of the present system are great. Under a plea of 'not guilty' without any notice to the people that the defense of insanity will be relied upon, defendant has been able to raise the defense upon the trial of the issue as to whether he committed the offense charged. As an example of the delay occasioned by the failure to heretofore require a pretrial notice by the defendant, see United States v. Albright, 388 F.2d 719 (4th Cir. 1968), where a jury trial was recessed for 23 days to permit a psychiatric examination by the prosecution when the defendant injected a surprise defense of lack of mental competency. Subdivision (c) gives the court the authority to order the defendant to submit to a psychiatric examination by a psychiatrist designated by the court. A similar provision is found in ALI, Model Penal Code Sec. 4.05(1) (P.O.D. 1962). This is a common provision of state law, the constitutionality of which has been sustained. Authorities are collected in ALI, Model Penal Code, pp. 195-196 Tent. Draft No. 4, (1955). For a recent proposal, see the New Jersey Penal Code Sec. 2c: 4-5 (Final Report of the New Jersey Criminal Law Revision Commission, Oct. 1971) authorizing appointment of 'at least one qualified psychiatrist to examine and report upon the mental condition of the defendant.' Any issue of self-incrimination which might arise can be dealt with by the court as, for example, by a bifurcated trial which deals separately with the issues of guilt and of mental responsibility. For statutory authority to appoint a psychiatrist with respect to competency to stand trial, see 18 U.S.C. Sec. 4244. Subdivision (d) confers authority on the court to exclude expert testimony in behalf of a defendant who has failed to give notice under subdivision (b) or who refuses to be examined by a court-appointed psychiatrist under subdivision (c). See State v. Whitlow, 45 N.J. 3, 23, 210 A.2d 763 (1965), which indicates that it is proper to limit or exclude testimony by a defense psychiatrist whenever defendant refuses to be examined. NOTES OF COMMITTEE ON THE JUDICIARY, HOUSE REPORT NO. 94-247; 1975 AMENDMENT A. Amendments Proposed by the Supreme Court. Rule 12.2 is a new rule that deals with defense based upon mental condition. It provides that: (1) The defendant must notify the prosecution in writing of his intention to rely upon the defense of insanity. If the defendant fails to comply, 'insanity may not be raised as a defense.' (2) If the defendant intends to introduce expert testimony relating to mental disease or defect on the issue whether he had the requisite mental state, he must notify the prosecution in writing. (3) The court, on motion of the prosecution, may order the defendant to submit to a psychiatric examination by a court-appointed psychiatrist. (4) If the defendant fails to undergo the court-ordered psychiatric examination, the court may exclude any expert witness the defendant offers on the issue of his mental state. B. Committee Action. The Committee agrees with the proposed rule but has added language concerning the use of statements made to a psychiatrist during the course of a psychiatric examination provided for by Rule 12.2. The language provides: No statement made by the accused in the course of any examination provided for by this rule, whether the examination shall be with or without the consent of the accused, shall be admitted in evidence against the accused before the judge who or jury which determines the guilt of the accused, prior to the determination of guilt. The purpose of this rule is to secure the defendant's fifth amendment right against self-incrimination. See State v. Raskin, 34 Wis.2d 607, 150 N.W.2d 318 (1967). The provision is flexible and does not totally preclude the use of such statements. For example, the defendant's statement can be used at a separate determination of the issue of sanity or for sentencing purposes once guilt has been determined. A limiting instruction to the jury in a single trial to consider statements made to the psychiatrist only on the issue of sanity would not satisfy the requirements of the rule as amended. The prejudicial effect on the determination of guilt would be inescapable. The Committee notes that the rule does not attempt to resolve the issue whether the court can constitutionally compel a defendant to undergo a psychiatric examination when the defendant is unwilling to undergo one. The provisions of subdivision (c) are qualified by the phrase, 'In an appropriate case.' If the court cannot constitutionally compel an unwilling defendant to undergo a psychiatric examination, then the provisions of subdivision (c) are inapplicable in every instance where the defendant is unwilling to undergo a court-ordered psychiatric examination. The Committee, by its approval of subdivision (c), intends to take no stand whatever on the constitutional question. CONFERENCE COMMITTEE NOTES, HOUSE REPORT NO. 94-414; 1975 AMENDMENT Rule 12.2(c) deals with court-ordered psychiatric examinations. The House version provides that no statement made by a defendant during a court-ordered psychiatric examination could be admitted in evidence against the defendant before the trier of fact that determines the issue of guilt prior to the determination of guilt. The Senate version deletes this provision. The Conference adopts a modified House provision and restores to the bill the language of H.R. 6799 as it was originally introduced. The Conference adopted language provides that no statement made by the defendant during a psychiatric examination provided for by the rule shall be admitted against him on the issue of guilt in any criminal proceeding. The Conference believes that the provision in H.R. 6799 as originally introduced in the House adequately protects the defendant's fifth amendment right against self-incrimination. The rule does not preclude use of statements made by a defendant during a court-ordered psychiatric examination. The statements may be relevant to the issue of defendant's sanity and admissible on that issue. However, a limiting instruction would not satisfy the rule if a statement is so prejudicial that a limiting instruction would be ineffective. Cf. practice under 18 U.S.C. 4244. NOTES OF ADVISORY COMMITTEE ON RULES - 1983 AMENDMENT Note to Subdivision (b). Courts have recently experienced difficulty with the question of what kind of expert testimony offered for what purpose falls within the notice requirement of rule 12.2(b). See, e.g., United States v. Hill, 655 F.2d 512 (3d Cir. 1980) (rule not applicable to tendered testimony of psychologist concerning defendant's susceptibility of inducement, offered to reinforce defendant's entrapment defense); United States v. Webb, 625 F.2d 709 (5th Cir. 1980) (rule not applicable to expert testimony tendered to show that defendant lacked the 'propensity to commit a violent act,' as this testimony was offered 'to prove that Webb did not commit the offense charged,' shooting at a helicopter, 'not that certain conduct was unaccompanied by criminal intent'); United States v. Perl, 584 F.2d 1316 (4th Cir. 1978) (because entrapment defense properly withheld from jury, it was unnecessary to decide if the district court erred in holding rule applicable to tendered testimony of the doctor that defendant had increased susceptibility to suggestion as a result of medication he was taking); United States v. Olson, 576 F.2d 1267 (8th Cir. 1978) (rule applicable to tendered testimony of an alcoholism and drug therapist that defendant was not responsible for his actions because of a problem with alcohol); United States v. Staggs, 553 F.2d 1073 (7th Cir. 1977) (rule applicable to tendered testimony of psychologist that defendant, charged with assaulting federal officer, was more likely to hurt himself than to direct his aggressions toward others, as this testimony bears upon whether defendant intended to put victim in apprehension when he picked up the gun). What these cases illustate is that expert testimony about defendant's mental condition may be tendered in a wide variety of circumstances well beyond the situation clearly within rule 12.2(b), i.e., where a psychiartist testifies for the defendant regarding his diminished capacity. In all of these situations and others like them, there is good reason to make applicable the notice provisions of rule 12.2(b). This is because in all circumstances in which the defendant plans to offer expert testimony concerning his mental condition at the time of the crime charged, advance disclosure to the government will serve 'to permit adequate pretrial preparation, to prevent surprise at trial, and to avoid the necessity of delays during trial.' 2 A.B.A. Standards for Criminal Justice 11-55 (2d 1980). Thus, while the district court in United States v. Hill, 481 F.Supp. 558 (E.D.Pa. 1979), incorrectly concluded that present rule 12.2(b) covers testimony by a psychologist bearing on the defense of entrapment, the court quite properly concluded that the government would be seriously disadvantaged by lack of notice. This would have meant that the government would not have been equipped to cross-examine the expert, that any expert called by the government would not have had an opportunity to hear the defense expert testify, and that the government would not have had an opportunity to conduct the kind of investigation needed to acquire rebuttal testimony on defendant's claim that he was especially susceptible to inducement. Consequently, rule 12.2(b) has been expanded to cover all of the aforementioned situations. Note to Subdivision (c). The amendment of the first sentence of subdivision (c), recognizing that the government may seek to have defendant subjected to a mental examination by an expert other than a psychiatrist, is prompted by the same considerations discussed above. Because it is possible that the defendant will submit to examination by an expert of his own other than a psychiatrist, it is necessary to recognize that it will sometimes be appropriate for defendant to be examined by a government expert other than a psychiatrist. The last sentence of subdivision (c) has been amended to more accurately reflect the Fifth Amendment considerations at play in this context. See Estelle v. Smith, 451 U.S. 454 (1981), holding that self-incrimination protections are not inevitably limited to the guilt phase of a trial and that the privilege, when applicable, protects against use of defendant's statement and also the fruits thereof, including expert testimony based upon defendant's statements to the expert. Estelle also intimates that 'a defendant can be required to submit to a sanity examination,' and presumably some other form of mental examination, when 'his silence may deprive the State of the only effective means it has of controverting his proof on an issue that he interjected into the case.' Note to Subdivision (d). The broader term 'mental condition' is appropriate here in light of the above changes to subdivisions (b) and (c). Note to Subdivision (e). New subdivision (e), generally consistent with the protection afforded in rule 12.1(f) with respect to notice of alibi, ensures that the notice required under subdivision (b) will not deprive the defendant of an opportunity later to elect not to utilize any expert testimony. This provision is consistent with Williams v. Florida, 399 U.S. 78 (1970), holding the privilege against self-incrimination is not violated by requiring the defendant to give notice of a defense where the defendant retains the 'unfettered choice' of abandoning the defense. DISSENTING STATEMENT OF JUSTICE O'CONNOR TO 1983 AMENDMENT With one minor reservation, I join the Court in its adoption of the proposed amendments. They represent the product of considerable effort by the Advisory Committee, and they will institute desirable reforms. My sole disagreement with the Court's action today lies in its failure to recommend correction of an apparent error in the drafting of Proposed Rule 12.2(e). As proposed, Rule 12.2(e) reads: 'Evidence of an intention as to which notice was given under subdivision (a) or (b), later withdrawn, is not admissible in any civil or criminal proceeding against the person who gave notice of the intention.' Identical language formerly appeared in Fed. Rules Crim. Proc. 11(e)(6) and Fed. Rules Evid. 410, each of which stated that '(Certain material) is not admissible in any civil or criminal proceeding against the defendant.' Those rules were amended, Supreme Court Order April 30, 1979, 441 U.S. 970, 987, 1007, Pub. Law 96-42, approved July 31, 1979, 93 Stat. 326. After the amendments, the relevant language read, '(Certain material) is not, in any civil or criminal proceeding, admissible against the defendant.' As the Advisory Committee explained, this minor change was necessary to eliminate an ambiguity. Before the amendment, the word 'against' could be read as referring either to the kind of proceeding in which the evidence was offered or to the purpose for which it was offered. Thus, for instance, if a person was a witness in a suit but not a party, it was unclear whether the evidence could be used to impeach him. In such a case, the use would be against the person, but the proceeding would not be against him. Similarly, if the person wished to introduce the evidence in a proceeding in which he was the defendant, the use, but not the proceeding, would be against him. To eliminate the ambiguity, the Advisory Committee proposed the amendment clarifying that the evidence was inadmissible against the person, regardless of whether the particular proceeding was against the person. See Adv. Comm. Note to Fed. Rules Crim. Proc. 11(e)(6); Adv. Comm. Note to Fed. Rules Evid. 410. The same ambiguity inheres in the proposed version of Rule 12.2(e). We should recommend that it be eliminated now. To that extent, I respectfully dissent. NOTES OF ADVISORY COMMITTEE ON RULES - 1985 AMENDMENT Note to Subdivision (e). This clarifying amendment is intended to serve the same purpose as a comparable change made in 1979 to similar language in Rule 11(e)(6). The change makes it clear that evidence of a withdrawn intent is thereafter inadmissible against the person who gave the notice in any civil or criminal proceeding, without regard to whether the proceeding is against that person. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. 1986 AMENDMENT Subd. (c). Pub. L. 99-646 inserted '4241 or' before '4242'. 1984 AMENDMENT Subd. (a). Pub. L. 98-473, Sec. 404(a), substituted 'offense' for 'crime'. Subd. (b). Pub. L. 98-473, Sec. 404(b), which directed the amendment of subd. (b) by deleting 'other condition bearing upon the issue of whether he had the mental state required for the offense charged' and inserting in lieu thereof 'any other mental condition bearing upon the issue of guilt', was repealed by section 11(b) of Pub. L. 98-596. Subd. (c). Pub. L. 98-596, Sec. 11(a)(1), substituted 'to an examination pursuant to 18 U.S.C. 4242' for 'to a mental examination by a psychiatrist or other expert designated for this purpose in the order of the court'. Pub. L. 98-473, Sec. 404(c), which directed the amendment of subd. (c) by deleting 'to a psychiatric examination by a psychiatrist designated for this purpose in the order of the court' and inserting in lieu thereof 'to an examination pursuant to 18 U.S.C. 4242' could not be executed because the phrase to be deleted did not appear. See amendment note for section 11(a)(1) of Pub. L. 98-596 above. Subd. (d). Pub. L. 98-596, Sec. 11(a)(2), substituted 'guilt' for 'mental condition'. Pub. L. 98-473, Sec. 404(d), which directed the amendment of subd. (d) by deleting 'mental state' and inserting in lieu thereof 'guilt', was repealed by section 11(b) of Pub. L. 98-596. 1975 AMENDMENT Pub. L. 94-64 amended subd. (c) generally. EFFECTIVE DATE OF 1984 AMENDMENT Section 11(c) of Pub. L. 98-596 provided that: 'The amendments and repeals made by subsections (a) and (b) of this section (amending this rule) shall apply on and after the enactment of the joint resolution entitled 'Joint resoluton making continuing appropriations for the fiscal year 1985, and for other purposes', H.J. Res. 648, Ninety-eighth Congress (Pub. L. 98-473, Oct. 12, 1984).' EFFECTIVE DATE OF RULE; EFFECTIVE DATE OF 1975 AMENDMENTS This rule, and the amendments of this rule made by section 3 of Pub. L. 94-64, effective Dec. 1, 1975, see section 2 of Pub. L. 94-64, set out as a note under rule 4 of these rules. ------DocID 25111 Document 1101 of 1400------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 26.2 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VI -HEAD- Rule 26.2. Production of Statements of Witnesses -STATUTE- (a) Motion for Production. After a witness other than the defendant has testified on direct examination, the court, on motion of a party who did not call the witness, shall order the attorney for the government or the defendant and the defendant's attorney, as the case may be, to produce, for the examination and use of the moving party, any statement of the witness that is in their possession and that relates to the subject matter concerning which the witness has testified. (b) Production of Entire Statement. If the entire contents of the statement relate to the subject matter concerning which the witness has testified, the court shall order that the statement be delivered to the moving party. (c) Production of Excised Statement. If the other party claims that the statement contains matter that does not relate to the subject matter concerning which the witness has testified, the court shall order that it be delivered to the court in camera. Upon inspection, the court shall excise the portions of the statement that do not relate to the subject matter concerning which the witness has testified, and shall order that the statement, with such material excised, be delivered to the moving party. Any portion of the statement that is withheld from the defendant over the defendant's objection shall be preserved by the attorney for the government, and, in the event of a conviction and an appeal by the defendant, shall be made available to the appellate court for the purpose of determining the correctness of the decision to excise the portion of the statement. (d) Recess for Examination of Statement. Upon delivery of the statement to the moving party, the court, upon application of that party, may recess proceedings in the trial for the examination of such statement and for preparation for its use in the trial. (e) Sanction for Failure to Produce Statement. If the other party elects not to comply with an order to deliver a statement to the moving party, the court shall order that the testimony of the witness be stricken from the record and that the trial proceed, or, if it is the attorney for the government who elects not to comply, shall declare a mistrial if required by the interest of justice. (f) Definition. As used in this rule, a 'statement' of a witness means: (1) a written statement made by the witness that is signed or otherwise adopted or approved by the witness; (2) a substantially verbatim recital of an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and that is contained in a stenographic, mechanical, electrical, or other recording or a transcription thereof; or (3) a statement, however taken or recorded, or a transcription thereof, made by the witness to a grand jury. -SOURCE- (Added Apr. 30, 1979, eff. Dec. 1, 1980, and amended Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES S. 1437, 95th Cong., 1st Sess. (1977), would place in the criminal rules the substance of what is now 18 U.S.C. Sec. 3500 (the Jencks Act). Underlying this and certain other additions to the rules contemplated by S. 1437 is the notion that provisions which are purely procedural in nature should appear in the Federal Rules of Criminal Procedure rather than in Title 18. See Reform of the Federal Criminal Laws, Part VI: Hearings on S. 1, S. 716, and S. 1400, Subcomm. on Criminal Laws and Procedures, Senate Judiciary Comm., 93rd Cong., 1st Sess. (statement of Judge Albert B. Maris, at page 5503). Rule 26.2 is identical to the S.1437 rule except as indicated by the marked additions and deletions. As those changes show, rule 26.2 provides for production of the statements of defense witnesses at trial in essentially the same manner as is now provided for with respect to the statements of government witnesses. Thus, the proposed rule reflects these two judgments: (i) that the subject matter - production of the statements of witnesses - is more appropriately dealt with in the criminal rules; and (ii) that in light of United States v. Nobles, 422 U.S. 225 (1975), it is important to establish procedures for the production of defense witnesses' statements as well. The rule is not intended to discourage the practice of voluntary disclosure at an earlier time so as to avoid delays at trial. In Nobles, defense counsel sought to introduce the testimony of a defense investigator who prior to trial had interviewed prospective prosecution witnesses and had prepared a report embodying the essence of their conversation. When the defendant called the investigator to impeach eyewitness testimony identifying the defendant as the robber, the trial judge granted the prosecutor the right to inspect those portions of the investigator's report relating to the witnesses' statements, as a potential basis for cross-examination of the investigator. When the defense declined to produce the report, the trail judge refused to permit the investigator to testify. The Supreme Court unanimously upheld the trail court's actions, finding that neither the Fifth nor Sixth Amendments nor the attorney work product doctrine prevented disclosure of such a document at trial. Noting 'the federal judiciary's inherent power to require the prosecution to produce the previously recorded statements of its witnesses so that the defense may get the full benefit of cross-examinations and the truth-finding process may be enhanced,' the Court rejected the notion 'that the Fifth amendment renders criminal discovery 'basically a one-way street,' ' and thus concluded that 'in a proper case, the prosecution can call upon that same power for production of witness statements that facilitate 'full disclosure of all the (relevant) facts.' ' The rule, consistent with the reasoning in Nobles, is designed to place the disclosure of prior relevant statements of a defense witness in the possession of the defense on the same legal footing as is the disclosure of prior statements of prosecution witnesses in the hands of the government under the Jencks Act, 18 U.S.C. Sec. 3500 (which S. 1437 would replace with the rule set out therein). See United States v. Pulvirenti, 408 F.Supp. 12 (E.D.Mich. 1976), holding that under Nobles '(t)he obligation (of disclosure) placed on the defendant should be the reciprocal of that placed upon the government * * * (as) defined by the Jencks Act.' Several state courts have likewise concluded that witness statements in the hands of the defense at trial should be disclosed on the same basis that prosecution witness statements are disclosed, in order to promote the concept of the trail as a search for truth. See, e.g., People v. Sanders, 110 Ill.App.2d 85, 249 N.E.2d 124 (1969); State v. Montague, 55 N.J. 371, 262 A.2d 398 (1970); People v. Damon, 24 N.Y.2d 256, 299 N.Y.S.2d 830, 247 N.E.2d 651 (1959). The rule, with minor exceptions, makes the procedure identical for both prosecution and defense witnesses, including the provision directing the court, whenever a claim is made that disclosure would be improper because the statement contains irrelevant matter, to examine the statements in camera and excise such matter as should not be disclosed. This provision acts as a safeguard against abuse and will enable a defendant who believes that a demand is being improperly made to secure a swift and just resolution of the issue. The treatment as to defense witnesses of necessity differs slightly from the treatment as to prosecution witnesses in terms of the sanction for a refusal to comply with the court's disclosure order. Under the Jencks Act and the rule proposed in S. 1437, if the prosecution refuses to abide by the court's order, the court is required to strike the witness's testimony unless in its discretion it determines that the more serious sanction of a mistrial in favor of the accused is warranted. Under this rule, if a defendant refuses to comply with the court's disclosure order, the court's only alternative is to enter an order striking or precluding the testimony of the witness, as was done in Nobles. Under subdivision (a) of the rule, the motion for production may be made by 'a party who did not call the witness.' Thus, it also requires disclosure of statements in the possession of either party when the witness is called neither by the prosecution nor the defense but by the court pursuant to the Federal Rules of Evidence. Present law does not deal with this situation, which consistency requires be treated in an identical manner as the disclosure of statements of witnesses called by a party to the case. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. EFFECTIVE DATE OF RULE This rule added by order of the United States Supreme Court of Apr. 30, 1979, effective Dec. 1, 1980, see section 1(1) of Pub. L. 96-42, July 31, 1979, 93 Stat. 326, set out as a note under section 3771 of this title. ------DocID 25156 Document 1102 of 1400------ -CITE- 19 USC Sec. 2 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 2. Rearrangement and limitation of districts; changing locations -STATUTE- The President is authorized from time to time, as the exigencies of the service may require, to rearrange, by consolidation or otherwise, the several customs-collection districts and to discontinue ports of entry by abolishing the same or establishing others in their stead. The President is authorized from time to time to change the location of the headquarters in any customs-collection district as the needs of the service may require. -SOURCE- (Aug. 1, 1914, ch. 223, 38 Stat. 623; May 29, 1928, ch. 901, Sec. 1(19), 45 Stat. 987; June 2, 1970, Pub. L. 91-271, title III, Sec. 302, 84 Stat. 291.) -MISC1- AMENDMENTS 1970 - Pub. L. 91-271 struck out provisions limiting the number of customs-collection districts and ports of entry to those established and authorized as of Aug. 1, 1914, except as thereafter provided by law, and provisions requiring the collector of customs of each customs-collection district to be officially designated by the number of the district for which appointed. 1928 - Act May 29, 1928, provided for discontinuance of the statement or report as required by a proviso at end of section which read as follows: 'That the President shall, at the beginning of each regular session, submit to Congress a statement of all acts, if any, done under the provisions of this section and the reasons therefor.' EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-271 effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as a note under section 1500 of this title. -TRANS- TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section 1 of this title. Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. DELEGATION OF FUNCTIONS For delegation to Secretary of the Treasury of authority vested in President by this section, see Ex. Ord. No. 10289, Sec. 1(a), Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The President. -MISC5- CUSTOMS DISTRICTS AND PORTS OF ENTRY An alphabetical index of ports of entry is contained in Schedule D of the Harmonized Tariff Schedule. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. For list of international airports of entry, see section 6.13 of Part 6 of Chapter 1, United States Customs Service, of Title 19, Customs Duties, of the Code of Federal Regulations. COLUMBIA-SNAKE CUSTOMS DISTRICT Pub. L. 98-573, title II, Sec. 238, Oct. 30, 1984, 98 Stat. 2993, required Commissioner of United States Customs Service to establish a customs district known as Columbia-Snake Customs District. PEMBINA, NORTH DAKOTA, CUSTOMS DISTRICT; CHANGE IN BOUNDARIES PROHIBITED WITHOUT CONGRESSIONAL CONSENT Pub. L. 93-245, ch. X, Sec. 1000, Jan. 3, 1974, 87 Stat. 1083, prohibited use of funds to change boundaries of Pembina, North Dakota Customs District (Region IX), without consent of certain Congressional committees. DISPLAY OF FLAG AT PORTS OF ENTRY For provisions concerning display of flag of United States Customs Ports of Entry, see Proc. No. 4131, May 5, 1972, 37 F.R. 9311, set out as a note under section 174 of Title 36, Patriotic Societies and Observances. ------DocID 25221 Document 1103 of 1400------ -CITE- 19 USC CHAPTER 2 -EXPCITE- TITLE 19 CHAPTER 2 -HEAD- CHAPTER 2 - THE TARIFF COMMISSION -COD- CODIFICATION Sections related to the United States Tariff Commission as it existed prior to act June 17, 1930, ch. 497, 46 Stat. 696. -CHANGE- CHANGE OF NAME United States Tariff Commission redesignated United States International Trade Commission by Pub. L. 93-618, title I, Sec. 171, Jan. 3, 1975, 88 Stat. 2009. See section 2231(a) of this title. ------DocID 25299 Document 1104 of 1400------ -CITE- 19 USC part 2 -EXPCITE- TITLE 19 CHAPTER 3 SUBTITLE IV Administrative Provisions part 2 -HEAD- part 2 - report entry, and unlading of vessels and vehicles ------DocID 25664 Document 1105 of 1400------ -CITE- 19 USC Sec. 1677-2 -EXPCITE- TITLE 19 CHAPTER 4 SUBTITLE IV Part IV -HEAD- Sec. 1677-2. Calculation of subsidies on certain processed agricultural products -STATUTE- In the case of an agricultural product processed from a raw agricultural product in which - (1) the demand for the prior stage product is substantially dependent on the demand for the latter stage product, and (2) the processing operation adds only limited value to the raw commodity, subsidies found to be provided to either producers or processors of the product shall be deemed to be provided with respect to the manufacture, production, or exportation of the processed product. -SOURCE- (June 17, 1930, ch. 497, title VII, Sec. 771B, as added Aug. 23, 1988, Pub. L. 100-418, title I, Sec. 1313(a), 102 Stat. 1185, and amended Nov. 10, 1988, Pub. L. 100-647, title IX, Sec. 9001(a)(4), 102 Stat. 3806.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-647 amended section generally. Prior to amendment, section read as follows: 'In the case of an agricultural product processed from a raw agricultural product in which (1) the demand for the prior stage product is substantially dependent on the demand for the latter stage product, and (2) the processing operation adds only limited value to the raw commodity, subsidies found to be provided to either producers or processors of the product shall be deemed to be provided with respect to the manufacture, production, or exportation of the processed product.' EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set out as an Effective and Termination Dates of 1988 Amendments note under section 58c of this title. ------DocID 25810 Document 1106 of 1400------ -CITE- 19 USC Part 2 -EXPCITE- TITLE 19 CHAPTER 12 SUBCHAPTER I Part 2 -HEAD- Part 2 - Other Authority ------DocID 25848 Document 1107 of 1400------ -CITE- 19 USC Part 2 -EXPCITE- TITLE 19 CHAPTER 12 SUBCHAPTER II Part 2 -HEAD- Part 2 - Adjustment Assistance for Workers -MISC1- TERMINATION DATE Section 285, formerly section 284 of Pub. L. 93-618, title II, Jan. 3, 1975, 88 Stat. 2041; renumbered Sec. 285, Pub. L. 96-417, title VI, Sec. 613(a), Oct. 10, 1980, 94 Stat. 1746; and amended Pub. L. 97-35, title XXV, Sec. 2512, Aug. 13, 1981, 95 Stat. 888; Pub. L. 98-120, Sec. 2(b), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99-107, Sec. 3, Sept. 30, 1985, 99 Stat. 479; Pub. L. 99-155, Sec. 2(b), Nov. 14, 1985, 99 Stat. 814; Pub. L. 99-181, Sec. 2, Dec. 13, 1985, 99 Stat. 1172; Pub. L. 99-189, Sec. 2, Dec. 18, 1985, 99 Stat. 1184; Pub. L. 99-272, title XIII, Sec. 13007(a), Apr. 7, 1986, 100 Stat. 304; Pub. L. 100-418, title I, Sec. 1426(a), Aug. 23, 1988, 102 Stat. 1251, provided that: '(a) Chapter 4 (enacting part 4 of this subchapter) shall terminate on September 30, 1982. '(b) No assistance, vouchers, allowances, or other payments may be provided under chapter 2 (enacting part 2 of this subchapter and amending section 3302 of Title 26, Internal Revenue Code), no technical assistance may be provided under chapter 3 (enacting part 3 of this subchapter), and no duty shall be imposed under section 287 (section 2397 of this title), after September 30, 1993.' Parts 2 and 3 of this subchapter applicable as if amendments by sections 13007 and 13008 of Pub. L. 99-272, amending section 285 of Pub. L. 93-618, set out above, and sections 2317 and 2346 of this title, had taken effect Dec. 18, 1985, see section 13009(c) of Pub. L. 99-272, set out as an Effective Date of 1986 Amendment note under section 2291 of this title. -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 1339, 2252, 2253, 2318, 2391, 2396, 2397 of this title; title 29 section 1661. ------DocID 25983 Document 1108 of 1400------ -CITE- 19 USC subpart 2 -EXPCITE- TITLE 19 CHAPTER 13 SUBCHAPTER II Part C subpart 2 -HEAD- subpart 2 - other proceedings regarding certain standards-related activities ------DocID 26055 Document 1109 of 1400------ -CITE- 20 USC Sec. 1, 2 -EXPCITE- TITLE 20 CHAPTER 1 -HEAD- Sec. 1, 2. Repealed. Pub. L. 92-318, title III, Sec. 301(b)(2)(A), June 23, 1972, 86 Stat. 332 -MISC1- Section 1, R.S. Sec. 516, established Office of Education and provided for purpose and duties of Office. See sections 1221a and 1221c of this title. Section 2, R.S. Sec. 517, provided for appointment of a Commissioner of Education to manage Office of Education. See section 1221c of this title. EFFECTIVE DATE OF REPEAL Section 301(b)(2)(A) of Pub. L. 92-318 provided that the repeal is effective July 1, 1972. -EXEC- EXECUTIVE ORDER NO. 11185 Ex. Ord. No. 11185, Oct. 16, 1964, 29 F.R. 14399, as amended by Ex. Ord. No. 11260, Dec. 11, 1965, 30 F.R. 15395; Ex. Ord. No. 11661, Mar. 24, 1972, 37 FR 6281, which provided for the coordination of federal education programs, was superseded by Ex. Ord. No. 11761, Jan. 17, 1974, 39 F.R. 2345, formerly set out as a note under section 1221 of this title. ------DocID 26060 Document 1110 of 1400------ -CITE- 20 USC CHAPTER 2 -EXPCITE- TITLE 20 CHAPTER 2 -HEAD- CHAPTER 2 - TEACHING OF AGRICULTURAL, TRADE, HOME ECONOMICS, AND INDUSTRIAL SUBJECTS -MISC1- Sec. 11. Annual appropriations. 12. Salaries of teachers, supervisors, or directors of agricultural subjects; amounts; allotment of funds to States. 13. Salaries of teachers of trade, home economics, and industrial subjects; amounts; allotment of funds to States. 14. Preparing teachers, supervisors, and directors of agricultural subjects; amounts; allotment of funds to States. 15. Studies, investigations, and reports; salaries and expenses. 15a to 15ggg. Omitted or Repealed. 16. Acceptance of benefits of appropriations by States; creation of State boards. 17. Repealed. 18. Plans and reports by State boards to be submitted to Department of Education. 19. Expenditure of appropriations; expenses to be borne by States. 20. Plans by State boards; use of appropriations; agricultural subjects. 21. Plans by State boards; use of appropriations; trade, home economics, and industrial subjects. 22. Plans by State boards; use of appropriations; training of teachers, supervisors, or directors. 23. State custodians of funds appropriated. 24. Supervision of expenditures by States; quarterly payments to States. 25. Deductions from allotments when preceding allotments have not been expended. 26. Withholding allotments. 27. Loss of funds; replacing; limitation on use. 28. Reports to Congress by Department of Education. 29 to 35n. Repealed or Omitted. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 36 sections 273, 277; title 38 section 1775. ------DocID 26202 Document 1111 of 1400------ -CITE- 20 USC Sec. 80q-2 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER XIII -HEAD- Sec. 80q-2. Authority of Board of Regents to enter into agreement providing for transfer of Heye Foundation assets to Smithsonian Institution -STATUTE- The Board of Regents is authorized to enter into an agreement with the Heye Foundation, to provide for the transfer to the Smithsonian Institution of title to the Heye Foundation assets. The agreement shall - (1) require that the use of the assets be consistent with section 80q-1(b) of this title; and (2) be governed by, and construed in accordance with, the law of the State of New York. The United States District Court for the Southern District of New York shall have original and exclusive jurisdiction over any cause of action arising under the agreement. -SOURCE- (Pub. L. 101-185, Sec. 4, Nov. 28, 1989, 103 Stat. 1337.) ------DocID 26238 Document 1112 of 1400------ -CITE- 20 USC Sec. 107b-2 -EXPCITE- TITLE 20 CHAPTER 6A -HEAD- Sec. 107b-2. Omitted -COD- CODIFICATION Section, Pub. L. 93-516, title II, Sec. 210, Dec. 7, 1974, 88 Stat. 1630, required the Secretary to promulgate national standards for funds set aside, to study and report the feasibility of establishing retirement, pension, and health insurance systems for blind licensees, and to evaluate the income assignment methods and required the State agencies to submit certain reports. The content of Pub. L. 93-516, including provisions of section 210 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93-651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93-651, title II, Sec. 210, Nov. 21, 1974, 89 Stat. 2-15, in exactly the same manner as it was enacted by Pub. L. 93-516. ------DocID 26243 Document 1113 of 1400------ -CITE- 20 USC Sec. 107d-2 -EXPCITE- TITLE 20 CHAPTER 6A -HEAD- Sec. 107d-2. Arbitration -STATUTE- (a) Notice and hearing Upon receipt of a complaint filed under section 107d-1 of this title, the Secretary shall convene an ad hoc arbitration panel as provided in subsection (b) of this section. Such panel shall, in accordance with the provisions of subchapter II of chapter 5 of title 5, give notice, conduct a hearing, and render its decision which shall be subject to appeal and review as a final agency action for purposes of chapter 7 of such title 5. (b) Composition of panel; designation of chairman; termination of violations (1) The arbitration panel convened by the Secretary to hear grievances of blind licensees shall be composed of three members appointed as follows: (A) one individual designated by the State licensing agency; (B) one individual designated by the blind licensee; and (C) one individual, not employed by the State licensing agency or, where appropriate, its parent agency, who shall serve as chairman, jointly designated by the members appointed under subparagraphs (A) and (B). If any party fails to designate a member under subparagraph (1)(A), (B), or (C), the Secretary shall designate such member on behalf of such party. (2) The arbitration panel convened by the Secretary to hear complaints filed by a State licensing agency shall be composed of three members appointed as follows: (A) one individual, designated by the State licensing agency; (B) one individual, designated by the head of the Federal department, agency, or instrumentality controlling the Federal property over which the dispute arose; and (C) one individual, not employed by the Federal department, agency, or instrumentality controlling the Federal property over which the dispute arose, who shall serve as chairman, jointly designated by the members appointed under subparagraphs (A) and (B). If any party fails to designate a member under subparagraph (2)(A), (B), or (C), the Secretary shall designate such member on behalf of such party. If the panel appointed pursuant to paragraph (2) finds that the acts or practices of any such department, agency, or instrumentality are in violation of this chapter, or any regulation issued thereunder, the head of any such department, agency, or instrumentality shall cause such acts or practices to be terminated promptly and shall take such other action as may be necessary to carry out the decision of the panel. (c) Publication of decisions in Federal Register The decisions of a panel convened by the Secretary pursuant to this section shall be matters of public record and shall be published in the Federal Register. (d) Payment of costs by the Secretary The Secretary shall pay all reasonable costs of arbitration under this section in accordance with a schedule of fees and expenses he shall publish in the Federal Register. -SOURCE- (June 20, 1936, ch. 638, Sec. 6, as added Dec. 7, 1974, Pub. L. 93-516, title II, Sec. 206, 88 Stat. 1626; Nov. 21, 1974, Pub. L. 93-651, title II, Sec. 206, 89 Stat. 2-11.) -COD- CODIFICATION The content of Pub. L. 93-516, including provisions of section 206 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93-651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93-651, title II, Sec. 206, Nov. 21, 1974, 89 Stat. 2-11, in exactly the same manner as it was enacted by Pub. L. 93-516. -MISC3- PRIOR PROVISIONS A prior section 6 of act June 20, 1936, which was classified to section 107e of this title, was renumbered section 9 by Pub. L. 93-516, Sec. 206. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 107d-1 of this title. ------DocID 26268 Document 1114 of 1400------ -CITE- 20 USC Sec. 130aa-2 -EXPCITE- TITLE 20 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 130aa-2. Investments -STATUTE- (a) The University shall invest its endowment fund corpus and endowment fund income in those low-risk instruments and securities in which a regulated insurance company may invest under the law of the District of Columbia, such as federally insured bank savings account or comparable interest bearing account, certificate of deposit, money market fund, mutual fund, or obligations of the United States. (b) The University, in investing its endowment fund corpus and income, shall exercise the judgment and care, under circumstances then prevailing, which a person of prudence, discretion, and intelligence would exercise in the management of his own business affairs. -SOURCE- (Pub. L. 98-480, title II, Sec. 204, Oct. 17, 1984, 98 Stat. 2246.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 130aa-4 of this title. ------DocID 26306 Document 1115 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 13 SUBCHAPTER II Part A subpart 2 -HEAD- subpart 2 - state operated programs ------DocID 26310 Document 1116 of 1400------ -CITE- 20 USC Sec. 241d-1, 241d-2 -EXPCITE- TITLE 20 CHAPTER 13 SUBCHAPTER II Part B -HEAD- Sec. 241d-1, 241d-2. Repealed. Pub. L. 95-561, title I, Sec. 101(c), Nov. 1, 1978, 92 Stat. 2200 -MISC1- Section 241d-1, act Sept. 30, 1950, ch. 1124, title II, Sec. 127, formerly Sec. 122, as added Apr. 13, 1970, Pub. L. 91-230, title I, Sec. 113(b)(6), 84 Stat. 126, renumbered Aug. 21, 1974, Pub. L. 93-380, title I, Sec. 101(a)(3), 88 Stat. 495, and amended Oct. 12, 1976, Pub. L. 94-482, title V, Sec. 501(a)(1), 90 Stat. 2235, related to application made for special incentive grants by States. See section 2802 of this title. Provisions (for application and information therein) similar to those comprising part of this section were contained in act Sept. 30, 1950, ch. 1124, title I, Sec. 121(b), formerly title II, Sec. 221(b), as added and renumbered Jan. 2, 1968, Pub. L. 90-247, title I, Sec. 108(a)(5), 110, 81 Stat. 786, 787 (formerly classified to former section 241h-1(b) of this title), prior to repeal thereof by Pub. L. 91-230, Sec. 113(b)(6). Section 241d-2, act Sept. 30, 1950, ch. 1124, title II, Sec. 128, formerly Sec. 123, as added Apr. 13, 1970, Pub. L. 91-230, title I, Sec. 113(b)(6), 84 Stat. 127, renumbered Aug. 21, 1974, Pub. L. 93-380, title I, Sec. 101(a)(3), 88 Stat. 495, and amended Oct. 12, 1976, Pub. L. 94-482, title V, Sec. 501(a)(1), 90 Stat. 2235, defined 'effort index'. Provisions (defining 'State effort index' and 'national effort index') similar to those comprising this section were contained in act Sept. 30, 1950, ch. 1124, title I, Sec. 121(c), formerly title II, Sec. 221(c), as added and renumbered Jan. 2, 1968, Pub. L. 90-247, title I, Sec. 108(a)(5), 110, 81 Stat. 786, 787 (formerly classified to former section 241h-1(c) of this title), prior to repeal thereof by Pub. L. 91-230, Sec. 113(b)(6). EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95-561, set out as an Effective Date note under section 1221-3 of this title. ------DocID 26364 Document 1117 of 1400------ -CITE- 20 USC Sec. 355e-2 -EXPCITE- TITLE 20 CHAPTER 16 SUBCHAPTER III -HEAD- Sec. 355e-2. Annual State program for interlibrary cooperation; submission; contents -STATUTE- Any State desiring to receive a grant from its allotment for the purposes of this subchapter for any fiscal year shall, in addition to having submitted, and having had approved, a basic State plan under section 351d of this title, submit for that fiscal year an annual program for interlibrary cooperation. Such program shall be submitted at such time, in such form, and contain such information as the Secretary may require by regulation and shall comply with the requirements of section 355e-3 of this title, shall - (1) set forth a program for the year submitted under which funds paid to the State from appropriations pursuant to paragraph (3) of section 351b(a) of this title will be used, consistent with its long-range program for the purposes set forth in section 355e-1 of this title, (2) include an extension of the long-range program taking into consideration the results of evaluations. -SOURCE- (June 19, 1956, ch. 407, title III, Sec. 303, as added July 19, 1966, Pub. L. 89-511, Sec. 9, 80 Stat. 314, and amended Nov. 24, 1967, Pub. L. 90-154, Sec. 1, 81 Stat. 509; Dec. 30, 1970, Pub. L. 91-600, Sec. 2(b), 84 Stat. 1669; Oct. 17, 1984, Pub. L. 98-480, title I, Sec. 103(b)(1), 113(c), 98 Stat. 2237, 2242.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-480 substituted 'Secretary' for 'Commissioner' and inserted 'shall comply with the requirements of section 355e-3 of this title,' after 'by regulation and' in second sentence. 1970 - Pub. L. 91-600 substituted provisions requiring submission by any State desiring to receive a grant from its allotment for any fiscal year of an annual program for interlibrary cooperation for that fiscal year, and setting forth required contents of such program, for provisions relating to payment to States of Federal share and determination of amount of such payment. See section 351e of this title. 1967 - Pub. L. 90-154 substituted 'June 30, 1968' for 'June 30, 1967' and provided that Federal share for Trust Territory of the Pacific Islands shall be 100 per centum. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-600 effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91-600, set out as a note under section 351 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Section 7 of Pub. L. 90-154 provided that: 'The amendments made by the first section and section 3 of this Act (amending this section and section 355f-3 of this title) shall be effective with respect to fiscal years beginning after June 30, 1967.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 355e, 355e-1 of this title. ------DocID 26529 Document 1118 of 1400------ -CITE- 20 USC Sec. 880b-2 to 880b-5 -EXPCITE- TITLE 20 CHAPTER 24 SUBCHAPTER IV-A -HEAD- Sec. 880b-2 to 880b-5. Omitted -COD- CODIFICATION Sections 880b-2 to 880b-5, were to remain in effect through June 30, 1975. See section 105(a)(2)(A) of Pub. L. 93-380, Aug. 21, 1974, 88 Stat. 512. Section 880b-2, Pub. L. 89-10, title VII, Sec. 704, as added Pub. L. 90-247, title VII, Sec. 702, Jan. 2, 1968, 81 Stat. 817, related to uses for Federal funds. Section 880b-3, Pub. L. 89-10, title VII, Sec. 705, as added Pub. L. 90-247, title VII, Sec. 702, Jan. 2, 1968, 81 Stat. 817 related to applications for grants, providing in subsec.: (a) for time of and contents of applications; (b) conditions for approval; and (c) amendments. Section 880b-3a, Pub. L. 89-10, title VII, Sec. 706, as added Pub. L. 91-230, title I, Sec. 152(a), Apr. 13, 1970, 84 Stat. 151, and amended Pub. L. 92-318, title IV, Sec. 452, June 23, 1972, 86 Stat. 345, provided for children in schools on or near reservations, subsec. (a) relating to local educational agency status of Indian institution or organization and subsec. (b) to payments to Secretary of Interior and criteria for such payments. Section 880b-4, Pub. L. 89-10, title VII, Sec. 707, formerly Sec. 706, as added Pub. L. 90-247, title VII, Sec. 702, Jan. 2, 1968, 81 Stat. 819, renumbered and amended Pub. L. 91-230, title I, Sec. 152(a), (b), Apr. 13, 1970, 84 Stat. 151, 152, related to payments to applicants. Section 880b-5, Pub. L. 89-10, title VII, Sec. 708, formerly Sec. 707, as added Pub. L. 90-247, title VII, Sec. 702, Jan. 2, 1968, 81 Stat. 819, renumbered and amended Pub. L. 91-230, title I, Sec. 152(a), 153, title IV, Sec. 401(h)(3), Apr. 13, 1970, 84 Stat. 151, 152, 174; Pub. L. 93-380, title VIII, Sec. 845(c), Aug. 21, 1974, 88 Stat. 612; Pub. L. 94-482, title V, Sec. 501(a)(21), Oct. 12, 1976, 90 Stat. 2236, related to establishment of an Advisory Committee on Education of Bilingual Children. ------DocID 26544 Document 1119 of 1400------ -CITE- 20 USC Sec. 887c to 887c-2 -EXPCITE- TITLE 20 CHAPTER 24 SUBCHAPTER V -HEAD- Sec. 887c to 887c-2. Transferred -COD- CODIFICATION Section 887c, Pub. L. 89-10, title VIII, Sec. 810, as added Pub. L. 92-318, title IV, Sec. 421(a), June 23, 1972, 86 Stat. 339, and amended Pub. L. 93-380, title VI, Sec. 631(a), 632(a), Aug. 21, 1974, 88 Stat. 585, 586, which related to improvement of educational opportunities for Indian children, was renumbered Pub. L. 89-10, title X, Sec. 1005, by Pub. L. 95-561, title VIII, Sec. 801(1), (2), Nov. 1, 1978, 92 Stat. 2284, and transferred to section 3385 of this title. Section 887c-1, Pub. L. 92-318, title IV, Sec. 422, as added Pub. L. 93-380, title VI, Sec. 632(c), Aug. 21, 1974, 88 Stat. 586, and amended Pub. L. 95-561, title XI, Sec. 1141(c)(1), 1152(a), Nov. 1, 1978, 92 Stat. 2329, 2333, which related to special educational training programs for teachers of Indian people, was transferred to section 3385a of this title. Section 887c-2, Pub. L. 92-318, title IV, Sec. 423, as added Pub. L. 93-380, title VI, Sec. 632(c), Aug. 21, 1974, 88 Stat. 586, and amended Pub. L. 95-561, title XI, Sec. 1141(c)(2), 1152(b), Nov. 1, 1978, 92 Stat. 2329, 2333, which related fellowships for Indian students, was transferred to section 3385b of this title. ------DocID 26686 Document 1120 of 1400------ -CITE- 20 USC Sec. 1070a-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 1 -HEAD- Sec. 1070a-2. Eligibility determination for dependent students -STATUTE- (a) Computation of student aid index For each dependent student, the student aid index is equal to the sum of - (1) the contribution from parents' income and assets, determined in accordance with subsection (b) of this section; (2) the contribution from student's (and spouse's) income, determined in accordance with subsection (h) of this section; and (3) the contribution from student's (and spouse's) assets, determined in accordance with subsection (l) of this section. (b) Contribution from parents' income and assets The parents' contribution from income and assets is equal to the amount determined by - (1) computing the standard contribution from parents' income, determined in accordance with subsection (c) of this section; (2) adding the contribution from parents' assets, determined in accordance with subsection (g) of this section; and (3) dividing the resultant amount by the number of family members who will be attending, on at least a half-time basis, a program of postsecondary education during the award period for which aid under this subpart is requested. (c) Standard contribution from parents' income The standard contribution from parents' income is determined by calculating the effective family income in accordance with subsection (d) of this section; by deducting the total offsets against income, as determined in accordance with subsection (e) of this section; and by assessing the results in accordance with subsection (f) of this section. (d) Determination of effective family income The effective family income is equal to - (1) the sum of - (A) the adjusted gross income of the parents as reported to the Internal Revenue Service for the year immediately preceding the award year, and income earned from work but not reported on a Federal income tax return, less any excludable income (as defined in section 1070a-6(9) of this title); (B) the total annual amount of untaxed income and benefits, received by the parents in the year immediately preceding the award year; and (C) one-half of the student's total veterans educational benefits, excluding Veterans' Administration contributory benefits, expected to be received during the award period, (FOOTNOTE 1) minus (FOOTNOTE 1) So in original. The comma probably should be a semicolon. (2) the sum of - (A) the amount of United States income tax paid or payable by the parents in the tax year preceding the award year; and (B) an allowance for State and other taxes, as determined by multiplying the parents' total income (as determined under paragraph (1)) by a percentage determined according to the following table: Percentages for Computation of State and Other Tax Allowance --------------------------------------------------------------------- And parents' total income is - If parents' State or less than $15,000 $15,000 or more territory of residence is - --------------------------------------------------------------------- then the percentage is - ------------------------------------------------ Alaska, Puerto Rico, 3 2 Wyoming American Samoa, 4 3 Guam, Louisiana, Nevada, Texas, Trust Territory, Virgin Islands Florida, South 5 4 Dakota, Tennessee, New Mexico North Dakota, 6 5 Washington Alabama, Arizona, 7 6 Arkansas, Indiana, Mississippi, Missouri, Montana, New Hampshire, Oklahoma, West Virginia Colorado, 8 7 Connecticut, Georgia, Illinois, Kansas, Kentucky California, 9 8 Delaware, Idaho, Iowa, Nebraska, North Carolina, Ohio, Pennsylvania, South Carolina, Utah, Vermont, Virginia, Canada, Mexico Maine, New Jersey 10 9 District of 11 10 Columbia, Hawaii, Maryland, Massachusetts, Oregon, Rhode Island Michigan, Minnesota 12 11 Wisconsin 13 12 New York 14 13 ------------------------------- (e) Total offsets against income Total offsets against income are determined by deducting - (1) a family size offset as determined by the following table: Family Size Offsets --------------------------------------------------------------------- Family members Amount --------------------------------------------------------------------- 2 $6,700 3 8,100 4 10,400 5 12,300 6 13,800 7 or more 13,800 plus $1,800 for each member over 6 ------------------------------- (2) an offset for unusual medical and dental expenses; (3) an offset for employment expenses; and (4) an offset for unreimbursed elementary and secondary school tuition and fees. (f) Assessment of discretionary income (1) The discretionary income that is assessed under this subsection is equal to (A) the effective family income (as determined under subsection (d) of this section), minus (B) the total offsets to such income (as determined under subsection (e) of this section). If such discretionary income is a negative amount, the contribution from the parents' income is zero. (2) If such discretionary income is a positive amount, the standard contribution from discretionary income is determined in accordance with the following chart: --------------------------------------------------------------------- --------------------------------------------------------------------- Discretionary income Expected contribution $0 to $5,000 11% of discretionary income. $5,001 to $10,000 $550, plus 13% of amount over $5,000. $10,001 to $15,000 $1,200, plus 18% of amount over $10,000. $15,001 and above $2,100, plus 25% of amount over $15,000. ------------------------------- (g) Contribution from parents' assets The standard contribution from parents' assets is determined in accordance with paragraphs (1) through (6): (1) If the parental assets include a principal place of residence, deduct $30,000 from the net value of the principal place of residence, except that in the case of a dislocated worker (certified in accordance with title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.)) or a displaced homemaker (as defined in section 1087vv(e) of this title), the net value of a principal place of residence shall be considered to be zero. If the subtraction required by the preceding sentence of this paragraph produces a negative number, the amount determined under this paragraph shall be zero. (2) If the parental assets include assets other than a principal place of residence and other than farm and business assets, deduct $25,000 from the net value of those other assets. If the subtraction required by the preceding sentence of this paragraph produces a negative number, the amount determined under this paragraph shall be zero. (3) If the parental assets include farm or business assets, or both, deduct $80,000 in the case of business assets or $100,000 in the case of farm assets from the net value of the farm or business assets, or both. If the subtraction required by the preceding sentence of this paragraph produces a negative number, the amount determined under this paragraph shall be zero. (4) If the sum of the farm and business deduction and the deductions in paragraphs (1) and (2) exceeds $110,000 in the case of business deductions or $130,000 in the case of farm deductions, the farm and business deduction shall be reduced by the amount that that sum exceeds $110,000, or $130,000, as the case may be. (5)(A) The expected contribution from parental assets equals 5 percent of the total of the amounts obtained under paragraphs (1), (2), and (3). (B) If the calculation of effective family income required by subsection (d) of this section produces a negative number, the expected contribution from parental assets, calculated under this paragraph, shall be reduced by the amount of that negative effective family income. If the subtraction required by the preceding sentence of this subparagraph produces a negative number, the amount determined under this subparagraph shall be zero. (6)(A) If the student's parents are separated, or divorced and not remarried, only the assets of the parent whose income is included in computing annual adjusted family income shall be considered. (B) If that parent has remarried, or if the parent was a widow or widower who has remarried, and the parent's spouse's income also is included in computing effective family income, the assets of that parent's spouse shall also be included. (h) Contribution from student's (and spouse's) income The contribution from student's (and spouse's) income is determined by calculating the student's (and spouse's) effective income, as determined in accordance with subsection (i) of this section, by deducting the total offsets against income, as determined in accordance with subsection (j) of this section, and by assessing the results in accordance with subsection (k) of this section. (i) Determination of student's (and spouse's) effective income The effective income of the student (and spouse) is equal to - (1) the sum of - (A) the adjusted gross income of the student (and spouse) as reported to the Internal Revenue Service for the year immediately preceding the award year, or income earned from work, but not reported on a Federal income tax return, less any excludable income (as defined in section 1070a-6(9) of this title); and (B) the total annual amount of untaxed income and benefits received by the student (and spouse) in the year immediately preceding the award year; minus (2) the amount of United States income tax paid or payable by the student (and spouse) in the tax year preceding the award year. (j) Total offsets against student's (and spouse's) income Total offsets against student's (and spouse's) income are determined by deducting - (1) a dependent student offset of $3,500, or $5,100 in the case of a dependent student with a spouse; and (2) if the parental discretionary income (as determined under subsection (f) of this section) is a negative amount, the amount, if any, by which the result of the subtraction performed under subsection (g)(5) of this section is less than zero. (k) Assessment of student's (and spouse's) income If the student's (and spouse's) effective income (as determined under subsection (i) of this section) minus the total offsets (as determined under subsection (j) of this section) is a negative amount, the contribution from student income is zero. If the student's (and spouse's) effective income is a positive amount, multiply it by 75 percent to determine the contribution from student's income. (l) Determination of contribution from student's (and spouse's) assets The contribution from the student's (and spouse's) assets is determined by calculating the net assets of the student (and spouse) and multiplying the amount by 33 percent, except that in the case of a student who is a dislocated worker (certified in accordance with title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.)) or a displaced homemaker (as defined in section 1087vv(e) of this title), the net value of a principal place of residence shall be considered to be zero. -SOURCE- (Pub. L. 89-329, title IV, Sec. 411B, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1313, and amended Pub. L. 100-50, Sec. 3(b)(2), (c)-(f)(1), (4), (5), (g), June 3, 1987, 101 Stat. 337, 338.) -REFTEXT- REFERENCES IN TEXT The Job Training Partnership Act, referred to in subsecs. (g)(1) and (l), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended. Title III of the Act is classified generally to subchapter III (Sec. 1651 et seq.) of chapter 19 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 29 and Tables. -MISC2- AMENDMENTS 1987 - Subsec. (d)(1)(A). Pub. L. 100-50, Sec. 3(c)(1), (d)(1), inserted ', less any excludable income (as defined in section 1070a-6(9) of this title)' after 'tax return' and struck out 'and' at end. Subsec. (d)(1)(B). Pub. L. 100-50, Sec. 3(d)(2), substituted '; and' for '; minus'. Subsec. (d)(1)(C). Pub. L. 100-50, Sec. 3(d)(3), added subpar. (C). Subsec. (f). Pub. L. 100-50, Sec. 3(f)(1), substituted 'discretionary income' for 'effective family income' in heading. Subsec. (f)(1). Pub. L. 100-50, Sec. 3(f)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'If the effective family income (as determined under subsection (d) of this section) minus the total offsets (as determined under subsection (e) of this section) is a negative amount, the standard contribution from the parents' income is zero.' Subsec. (f)(2). Pub. L. 100-50, Sec. 3(f)(4), (5), substituted 'discretionary income' for 'effective family income' wherever appearing in text and table and substituted 'Discretionary income' for 'Effective family income' in table. Subsec. (g). Pub. L. 100-50, Sec. 3(b)(2)(A), substituted '(6)' for '(7)' in introductory text. Subsec. (g)(1). Pub. L. 100-50, Sec. 3(g), inserted in first sentence ', except that in the case of a dislocated worker (certified in accordance with title III of the Job Training Partnership Act) or a displaced homemaker (as defined in section 1087vv(e) of this title), the net value of a principal place of residence shall be considered to be zero'. Subsec. (g)(7). Pub. L. 100-50, Sec. 3(b)(2)(B), struck out par. (7), which read as follows: 'The Secretary shall promulgate special regulations to permit, in the computation of family contributions for the programs under this subpart for any academic year, the exclusion from family income of any proceeds of a sale of farm or business assets of that family if such sale results from a voluntary or involuntary foreclosure, forfeiture, liquidation, or bankruptcy.' Subsec. (i)(1)(A). Pub. L. 100-50, Sec. 3(c)(2), struck out 'other than amounts earned under part C of subchapter I of chapter 34 of title 42' after 'from work' and inserted ', less any excludable income (as defined in section 1070a-6(9) of this title)' after 'tax return'. Subsec. (j)(2). Pub. L. 100-50, Sec. 3(f)(4), substituted 'discretionary income' for 'effective family income'. Subsec. (l). Pub. L. 100-50, Sec. 3(e), inserted ', except that in the case of a student who is a dislocated worker (certified in accordance with title III of the Job Training Partnership Act) or a displaced homemaker (as defined in section 1087vv(e) of this title), the net value of a principal place of residence shall be considered to be zero'. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of Pub. L. 100-50, set out as a note under section 1001 of this title. EFFECTIVE DATE Section applicable with respect to determining need for Pell Grants for academic years beginning with academic year 1988-1989, with exception for applicability of definition of 'independent student', see section 401(b)(1) and (2) of Pub. L. 99-498 set out as a note under section 1070a-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1070a-1, 1070a-5, 1098 of this title. ------DocID 26691 Document 1121 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 2 -HEAD- subpart 2 - supplemental educational opportunity grants -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in sections 1070, 1070a, 1070e, 1078, 1087tt, 1087vv, 1089, 1096 of this title. ------DocID 26694 Document 1122 of 1400------ -CITE- 20 USC Sec. 1070b-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 2 -HEAD- Sec. 1070b-2. Agreements with institutions; selection of recipients -STATUTE- (a) Institutional eligibility Assistance may be made available under this subpart only to an institution which - (1) has, in accordance with section 1094 of this title, an agreement with the Secretary applicable to this subpart; (2) agrees that the Federal share of awards under this subpart will not exceed - (A) 95 percent of such awards in fiscal year 1989, (B) 90 percent of such awards in fiscal year 1990, and (C) 85 percent of such awards in fiscal year 1991, except that the Federal share may be exceeded if the Secretary determines, pursuant to regulations establishing objective criteria for such determinations, that a larger Federal share is required to further the purpose of this subpart; and (3) agrees that the non-Federal share of awards made under this subpart shall be made from the institution's own resources, including - (A) institutional grants and scholarships; (B) tuition or fee waivers; (C) State scholarships; and (D) foundation or other charitable organization funds. (b) Eligibility for selection Awards may be made under this subpart only to a student who - (1) is an eligible student under section 1091 of this title; and (2) makes application at a time and in a manner consistent with the requirements of the Secretary and that institution. (c) Selection of individuals and determination of amount of awards (1) From among individuals who are eligible for supplemental grants for each fiscal year, the institution shall, in accordance with the agreement under section 1094 of this title, and within the amount allocated to the institution for that purpose for that year under section 1070b-3 of this title, select individuals who are to be awarded such grants and determine, in accordance with section 1070b-1 of this title, the amounts to be paid to them. (2)(A) In carrying out paragraph (1) of this subsection, each institution of higher education shall, in the agreement made under section 1094 of this title, assure that the selection procedures - (i) will be designed to award supplemental grants under this subpart, first, to students with exceptional need, and (ii) will give a priority for supplemental grants under this subpart to students who receive Pell Grants and meet the requirements of section 1091 of this title. (B) For the purpose of subparagraph (A), the term 'students with exceptional need' means students with the lowest expected family contributions at the institution. (d) Use of funds for less-than-full-time students If the institution's allocation under this subpart is directly or indirectly based in part on the financial need demonstrated by students attending the institution less than full time, a reasonable proportion of the institution's allocation shall be made available to such students. (e) Use and transfer of funds for administrative expenses An agreement entered into pursuant to this section shall provide that funds granted to an institution of higher education may be used only to make payments to students participating in a grant program authorized under this subpart, except that an institution may use a portion of the sums allocated to it under this subpart to meet administrative expenses in accordance with section 1096 of this title, and may transfer such funds in accordance with the provisions of section 1095 of this title. -SOURCE- (Pub. L. 89-329, title IV, Sec. 413C, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1329.) -MISC1- PRIOR PROVISIONS A prior section 1070b-2, Pub. L. 89-329, title IV, Sec. 413C, as added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86 Stat. 253, and amended Pub. L. 94-482, title I, Sec. 122(b), Oct. 12, 1976, 90 Stat. 2094; Pub. L. 96-374, title IV, Sec. 403(d), Oct. 3, 1980, 94 Stat. 1405, related to selection of recipients of supplemental educational opportunity grants and agreements with institutions, prior to the general revision of this part by Pub. L. 99-498. EFFECTIVE DATE Section effective Oct. 17, 1986, except as otherwise provided, see section 2 of Pub. L. 99-498, set out as a note under section 1001 of this title. Section 401(b)(5) of Pub. L. 99-498 provided that: 'Section 413C(c)(2) of the Act (20 U.S.C. 1070b-2(c)(2)) as amended by this section shall apply to the awarding of grants under subpart 2 of part A of title IV of the Act (this subpart) for periods of enrollment beginning on or after July 1, 1987.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1070b, 1070b-1 of this title. ------DocID 26699 Document 1123 of 1400------ -CITE- 20 USC Sec. 1070c-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 3 -HEAD- Sec. 1070c-2. Applications for State student incentive grant programs -STATUTE- (a) Submission and contents of applications A State which desires to obtain a payment under this subpart for any fiscal year shall submit annually an application therefor through the State agency administering its program under this subpart as of July 1, 1985, unless the Governor of that State so designates, in writing, a different agency to administer the program. The application shall contain such information as may be required by, or pursuant to, regulation for the purpose of enabling the Secretary to make the determinations required under this subpart. (b) Payment of Federal share of grants made by qualified program From a State's allotment under this subpart for any fiscal year the Secretary is authorized to make payments to such State for paying up to 50 percent of the amount of student grants pursuant to a State program which - (1) is administered by a single State agency; (2) provides that such grants will be in amounts not in excess of $2,500 per academic year (A) for attendance on a full-time basis at an institution of higher education, and (B) for campus-based community service work learning study jobs; (3) provides that - (A) not more than 20 percent of the allotment to the State for each fiscal year may be used for the purpose described in paragraph (2)(B); (B) grants for the campus-based community work learning study jobs may be made only to students who are otherwise eligible for assistance under this subpart; and (C) grants for such jobs be made in accordance with the provisions of section 2753(b)(1) of title 42; (4) provides for the selection of recipients of such grants or of such State work-study jobs on the basis of substantial financial need determined annually on the basis of criteria established by the State and approved by the Secretary; (5) provides that, effective with respect to any academic year beginning on or after October 1, 1978, all nonprofit institutions of higher education in the State are eligible to participate in the State program, except in any State in which participation of nonprofit institutions of higher education is in violation of the constitution of the State or in any State in which participation of nonprofit institutions of higher education is in violation of a statute of the State which was enacted prior to October 1, 1978; (6) provides for the payment of the non-Federal portion of such grants or of such work-study jobs from funds supplied by such State which represent an additional expenditure for such year by such State for grants or work-study jobs for students attending institutions of higher education over the amount expended by such State for such grants or work-study jobs, if any, during the second fiscal year preceding the fiscal year in which such State initially received funds under this subpart; (7) provides that, if the institution's allocation under this subpart is based in part on the financial need demonstrated by students attending the institution less than full time, a reasonable proportion of the institution's allocation shall be made available to such students; (8) provides for State expenditures under such program of an amount not less than the average annual aggregate expenditures for the preceding three fiscal years or the average annual expenditure per full-time equivalent student for such years; (9) provides (A) for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State agency under this subpart, and (B) for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform his functions under this subpart; and (10) for any academic year beginning after June 30, 1987, provides the non-Federal share of the amount of student grants or work-study jobs under this subpart through a direct appropriation of State funds for the program under this subpart. (c) Reservation and disbursement of allotments and reallotments Upon his approval of any application for a payment under this subpart, the Secretary shall reserve from the applicable allotment (including any applicable reallotment) available therefor, the amount of such payment, which (subject to the limits of such allotment or reallotment) shall be equal to the Federal share of the cost of the students' incentive grants or work-study jobs covered by such application. The Secretary shall pay such reserved amount, in advance or by way of reimbursement, and in such installments as the Secretary may determine. The Secretary may amend the reservation of any amount under this section, either upon approval of an amendment of the application or upon revision of the estimated cost of the student grants or work-study jobs with respect to which such reservation was made. If the Secretary approves an upward revision of such estimated cost, the Secretary may reserve the Federal share of the added cost only from the applicable allotment (or reallotment) available at the time of such approval. -SOURCE- (Pub. L. 89-329, title IV, Sec. 415C, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1333.) -MISC1- PRIOR PROVISIONS A prior section 1070c-2, Pub. L. 89-329, title IV, Sec. 415C, as added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86 Stat. 256, and amended Pub. L. 94-482, title I, Sec. 123(b), Oct. 12, 1976, 90 Stat. 2094; Pub. L. 95-43, Sec. 1(a)(6), June 15, 1977, 91 Stat. 213; Pub. L. 95-566, Sec. 3, Nov. 1, 1978, 92 Stat. 2403; Pub. L. 96-374, title IV, Sec. 404(c), title XIII, Sec. 1391(a)(1), (2), Oct. 3, 1980, 94 Stat. 1407, 1503, related to payment of grants to States for State student incentives, prior to the general revision of this part by Pub. L. 99-498. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1070c-1, 1070c-3 of this title. ------DocID 26710 Document 1124 of 1400------ -CITE- 20 USC Sec. 1070d-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 5 -HEAD- Sec. 1070d-2. Maintenance and expansion of existing programs -STATUTE- (a) Program authority The Secretary shall maintain and expand existing secondary and postsecondary high school equivalency program and college assistance migrant program projects located at institutions of higher education or at private nonprofit organizations working in cooperation with institutions of higher education. (b) Services provided by high school equivalency program The services authorized by this subpart for the high school equivalency program include - (1) recruitment services to reach persons who are 17 years of age and over, who themselves or whose parents have spent a minimum of 75 days during the past 24 months in migrant and seasonal farmwork, and who lack a high school diploma or its equivalent; (2) educational services which provide instruction designed to help students obtain a general education diploma which meets the guidelines established by the State in which the project is located for high school equivalency; (3) supportive services which include the following: (A) personal, vocational, and academic counseling; (B) placement services designed to place students in a university, college, or junior college program, or in military service or career positions; and (C) health services; (4) information concerning and assistance in obtaining available student financial aid; (5) weekly stipends for high school equivalency program participants; (6) housing for those enrolled in residential programs; (7) exposure to cultural events, academic programs, and other educational and cultural activities usually not available to migrant youth; and (8) other essential supportive services, as needed to ensure the success of eligible students. (c) Services provided by college assistance migrant program Services authorized by this subpart for the college assistance migrant program include - (1) outreach and recruitment services to reach persons who themselves or whose parents have spent a minimum of 75 days during the past 24 months in migrant and seasonal farmwork, and who meet the minimum qualifications for attendance at a college or university; (2) supportive and instructional services which include: (A) personal, academic, and career counseling as an ongoing part of the program; (B) tutoring and academic skill building instruction and assistance; (C) assistance with special admissions; (D) health services; and (E) other services as necessary to assist students in completing program requirements; (3) assistance in obtaining student financial aid which includes, but is not limited to: (A) stipends; (B) scholarships; (C) student travel; (D) career oriented work study; (E) books and supplies; (F) tuition and fees; (G) room and board; and (H) other assistance necessary to assist students in completing their first year of college; (4) housing support for students living in institutional facilities and commuting students; (5) exposure to cultural events, academic programs, and other activities not usually available to migrant youth; and (6) other support services as necessary to ensure the success of eligible students. (d) Management plan required Each project application shall include a management plan which contains assurances that staff shall have a demonstrated knowledge and be sensitive to the unique characteristics and needs of the migrant and seasonal farmworker population, and provisions for: (1) staff in-service training; (2) training and technical assistance; (3) staff travel; (4) student travel; (5) interagency coordination; and (6) an evaluation plan. (e) Three-year grant period; consideration of prior experience Except under extraordinary circumstances, the Secretary shall award grants for a 3-year period. For the purpose of making grants under this subpart, the Secretary shall consider the prior experience of service delivery under the particular project for which funds are sought by each applicant. Such prior experience shall be awarded the same level of consideration given this factor for applicants for programs authorized by subpart 4 of this part in accordance with section 1070d(b)(2) of this title. (f) Minimum allocations The Secretary shall not allocate an amount less than - (1) $150,000 for each project under the high school equivalency program, and (2) $150,000 for each project under the college assistance migrant program. (g) Authorization of appropriations (1) There are authorized to be appropriated for the high school equivalency program $7,000,000 for fiscal year 1987 and such sums as may be necessary for each of the four succeeding fiscal years. (2) There are authorized to be appropriated for the college assistance migrant program $2,000,000 for fiscal year 1987 and such sums as may be necessary for each of the four succeeding fiscal years. -SOURCE- (Pub. L. 89-329, title IV, Sec. 418A, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1341, and amended Pub. L. 100-50, Sec. 7, June 3, 1987, 101 Stat. 340.) -MISC1- PRIOR PROVISIONS A prior section 1070d-2, Pub. L. 89-329, title IV, Sec. 418A, as added Pub. L. 96-374, title IV, Sec. 406, Oct. 3, 1980, 94 Stat. 1411, related to secondary and postsecondary high school equivalency programs and college assistance migrant programs, prior to the general revision of this part by Pub. L. 99-498. Another prior section 1070d-2, Pub. L. 89-329, title IV, Sec. 418A, as added Pub. L. 94-482, title I, Sec. 125, Oct. 12, 1976, 90 Stat. 2096, and amended Pub. L. 96-49, Sec. 5(a)(6), Aug. 13, 1979, 93 Stat. 352, which provided for the Educational Information Centers program, was repealed by Pub. L. 96-374, title I, Sec. 101(b), Oct. 3, 1980, 94 Stat. 1383. See section 1070d-1c of this title. A prior section 1070d-3, Pub. L. 89-329, title IV, Sec. 418B, as added Pub. L. 94-482, title I, Sec. 125, Oct. 12, 1976, 90 Stat. 2097, which related to administration by States of Educational Information Centers program, was repealed by Pub. L. 96-374, title I, Sec. 101(b), Oct. 3, 1980, 94 Stat. 1383, eff. Oct. 1, 1980. AMENDMENTS 1987 - Subsec. (g). Pub. L. 100-50 amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: 'There is authorized to be appropriated for this part $9,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years.' EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of Pub. L. 100-50, set out as a note under section 1001 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2782 of this title. ------DocID 26739 Document 1125 of 1400------ -CITE- 20 USC Sec. 1078-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part B -HEAD- Sec. 1078-2. PLUS loans -STATUTE- (a) Authority to borrow Parents of a dependent student shall be eligible to borrow funds under this section in amounts specified in subsection (b) of this section, and unless otherwise specified in subsections (c) and (d) of this section, such loans shall have the same terms, conditions, and benefits as all other loans made under this part. Whenever necessary to carry out the provisions of this section, the terms 'student' and 'borrower' as used in this part shall include a parent borrower under this section. (b) Limitations on amounts of loans (1) Annual limit Subject to paragraphs (2) and (3), the maximum amount parents may borrow for one student in any academic year or its equivalent (as defined by regulation of the Secretary) is $4,000. (2) Aggregate limit The aggregate insured principal amount for insured loans made to parents on account of a student shall not exceed $20,000. (3) Limitation based on need Any loan under this section may be counted as part of the expected family contribution in the determination of need under this subchapter and part C of subchapter I of chapter 34 of title 42, but no loan may be made to any parent under this section for any academic year in excess of (A) the student's estimated cost of attendance, minus (B) other financial aid as certified by the eligible institution under section 1078(a)(2)(A) of this title. The annual insurable limit on account of any student shall not be deemed to be exceeded by a line of credit under which actual payments to the borrower will not be made in any year in excess of the annual limit. (c) Payment of principal and interest (1) Commencement of repayment Repayment of principal on loans made under this section shall commence not later than 60 days after the date such loan is disbursed by the lender, subject to deferral (A) during any period during which the parent meets the conditions required for a deferral under clause (i), (viii), or (ix) of section 1077(a)(2)(C) or 1078(b)(1)(M) of this title; and (B) during any period during which the borrower has a dependent student for whom a loan obligation was incurred under this section and who meets the conditions required for a deferral under clause (i) of either such section. (2) Capitalization of interest Interest on loans made under this section for which payments of principal are deferred pursuant to paragraph (1) of this subsection shall, if agreed upon by the borrower and the lender (A) be paid monthly or quarterly or (B) be added to the principal amount of the loan on a quarterly basis by the lender. Such capitalization of interest shall not be deemed to exceed the annual insurable limit on account of the student. (3) Subsidies prohibited No payments to reduce interest costs shall be paid pursuant to section 1078(a) of this title on loans made pursuant to this section. (4) Applicable rates of interest Interest on loans made pursuant to this section shall be at the applicable rate of interest provided in section 1077a(c) of this title. (5) Amortization The amount of the periodic payment and the repayment schedule for any loan made pursuant to this section shall be established by assuming an interest rate equal to the applicable rate of interest at the time the repayment of the principal amount of the loan commences. At the option of the lender, the note or other written evidence of the loan may require that - (A) the amount of the periodic payment will be adjusted annually, or (B) the period of repayment of principal will be lengthened or shortened, in order to reflect adjustments in interest rates occurring as a consequence of section 1077a(c)(4) of this title. (d) Refinancing (1) Refinancing to secure combined payment An eligible lender may at any time consolidate loans held by it which are made under this section to a borrower, including loans which were made under this section as in effect prior to October 17, 1986, under a single repayment schedule which provides for a single principal payment and a single payment of interest, and shall calculate the repayment period for each included loan from the date of the commencement of repayment of the most recent included loan. Unless the consolidated loan is obtained by a borrower who is electing to obtain variable interest under paragraph (2) or (3), such consolidated loan shall bear interest at the weighted average of the rates of all included loans. The extension of any repayment period of an included loan pursuant to this paragraph shall be reported (if required by them) to the Secretary or guaranty agency insuring the loan, as the case may be, but no additional insurance premiums shall be payable with respect to any such extension. The extension of the repayment period of any included loan shall not require the formal extension of the promissory note evidencing the included loan or the execution of a new promissory note, but shall be treated as an administrative forbearance of the repayment terms of the included loan. (2) Refinancing to secure variable interest rate An eligible lender may reissue a loan which was made under this section before July 1, 1987, or under this section as in effect prior to October 17, 1986, in order to permit the borrower to obtain the interest rate provided under section 1077a(c)(4) of this title. A lender offering to reissue a loan or loans for such purpose may charge a borrower an amount not to exceed $100 to cover the administrative costs of reissuing such loan or loans, not more than one-half of which shall be paid to the guarantor of the loan being reissued to cover costs of reissuance. Reissuance of a loan under this paragraph shall not affect any insurance applicable with respect to the loan, and no additional insurance fee may be charged to the borrower with respect to the loan. (3) Refinancing by discharge of previous loan A borrower who has applied to an original lender for reissuance of a loan under paragraph (2) and who is denied such reissuance may obtain a loan from another lender for the purpose of discharging the loan from such original lender. A loan made for such purpose - (A) shall bear interest at the applicable rate of interest provided under section 1077a(c)(4) of this title; (B) shall not result in the extension of the duration of the note (other than as permitted under subsection (c)(5)(B) of this section); (C) may be subject to an additional insurance fee but shall not be subject to the administrative cost charge permitted by paragraph (2) of this subsection; and (D) shall be applied to discharge the borrower from any remaining obligation to the original lender with respect to the original loan. (4) Certification in lieu of promissory note presentation Each new lender may accept certification from the original lender of the borrower's original loan in lieu of presentation of the original promissory note. (5) Notification to borrowers of availability of refinancing options Each holder of a loan made under this section or under this section as in effect prior to October 17, 1986, shall, not later than October 1, 1987, in the case of loans made before October 17, 1986, notify the borrower of such loan - (A) of the refinancing options for which the borrower is eligible under this subsection; (B) of those options which will be made available by the holder and of the practical consequences of such options in terms of interest rates and monthly and total payments for a set of loan examples; and (C) that, with respect to any option that the holder will not make available, the holder will, to the extent practicable, refer the borrower to an eligible lender offering such option. -SOURCE- (Pub. L. 89-329, title IV, Sec. 428B, as added Pub. L. 99-498, title IV, Sec. 402(a), Oct. 17, 1986, 100 Stat. 1386, and amended Pub. L. 100-50, Sec. 10(o), (p)(2), (q), (r)(1), June 3, 1987, 101 Stat. 343, 344.) -COD- CODIFICATION October 17, 1986, referred to in subsec. (d)(5), was in the original 'the date of enactment of this Act', which was translated as meaning the date of enactment of Pub. L. 99-498 which enacted this section in the general revision of this part, to reflect the probable intent of Congress. -MISC3- PRIOR PROVISIONS A prior section 1078-2, Pub. L. 89-329, title IV, Sec. 428B, as added Pub. L. 96-374, title IV, Sec. 419, Oct. 3, 1980, 94 Stat. 1424, and amended Pub. L. 97-35, title V, Sec. 532(b)(3), 534(a)(2), (c)(1), (2), Aug. 13, 1981, 95 Stat. 452, 454; Pub. L. 98-79, Sec. 12, Aug. 15, 1983, 97 Stat. 484, related to auxiliary loans to assist students, prior to the general revision of this part by Pub. L. 99-498. AMENDMENTS 1987 - Subsec. (a). Pub. L. 100-50, Sec. 10(o)(2)(A), struck out ', but such a parent borrower shall not be eligible for any deferment pursuant to section 1077(a)(2)(C) or 1078(b)(1)(M) of this title except for the deferments allowed (with respect to the student) under clauses (i), (viii), and (ix) of such sections' after 'borrower under this section'. Subsec. (b)(3). Pub. L. 100-50, Sec. 10(p)(2), amended first sentence generally, substituting 'for any academic year in excess of (A) the student's estimated cost of attendance, minus (B) other financial aid' for 'which would cause the combined loans of the parent and the student for any academic year to exceed the student's estimated cost of attendance minus such student's estimated financial assistance'. Subsec. (c)(1). Pub. L. 100-50, Sec. 10(o)(2)(B), struck out 'pursuant to sections 1077(a)(2)(C)(i), (viii), and (ix) and 1078(b)(1)(M)(i), (viii), and (ix) of this title' after 'subject to deferral' and inserted in lieu cls. (A) and (B). Subsec. (c)(2). Pub. L. 100-50, Sec. 10(o)(1), (2)(C), (q), in introductory provisions, struck out 'and interest' after first reference to 'principal', and substituted 'pursuant to paragraph (1) of this subsection' for 'under sections 1077(a)(2)(C)(i) and 1078(b)(1)(M)(i) of this title', and, in subpar. (A), inserted 'monthly or' before 'quarterly'. Subsec. (d)(1). Pub. L. 100-50, Sec. 10(r)(1)(A), inserted 'at any time' after 'eligible lender may' in first sentence, substituted 'the consolidated loan is obtained by a borrower who is electing to obtain variable interest under paragraph (2) or (3)' for 'the borrower complies with the requirements of paragraph (2)' in second sentence, and inserted '(if required by them)' after 'shall be reported' in third sentence. Subsec. (d)(2). Pub. L. 100-50, Sec. 10(r)(1)(B), inserted 'under this section before July 1, 1987, or' before 'under this section' and substituted 'to reissue a loan or loans' for 'to reissue a loan' and 'reissuing such loan or loans' for 'reissuing such loan'. Subsec. (d)(5). Pub. L. 100-50, Sec. 10(r)(1)(C), substituted 'October 1, 1987' for 'January 1, 1987' and, in subpar. (B), inserted 'and of the practical consequences of such options in terms of interest rates and monthly and total payments for a set of loan examples' before semicolon at end. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of Pub. L. 100-50, set out as a note under section 1001 of this title. AMENDMENT OF NOTE OR OTHER WRITTEN EVIDENCE OF LOAN BY ELIGIBLE LENDER AT REQUEST OF BORROWER; CIRCUMSTANCES; DENIAL OF REQUEST For provision authorizing an eligible lender who has refinanced a loan or loans under subsection (d) of this section between Oct. 17, 1986, and July 1, 1987, to amend a note or other written evidence of a loan at the request of the borrower and the effects of denial of such a request, see section 10(r)(2) of Pub. L. 100-50, set out as a note under section 1078-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1075, 1077, 1077a, 1078, 1078-1, 1078-3, 1078-7, 1085, 1087-1, 1087dd, 1091, 1092 of this title; title 26 section 144. ------DocID 26756 Document 1126 of 1400------ -CITE- 20 USC Sec. 1087-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part B -HEAD- Sec. 1087-2. Student Loan Marketing Association -STATUTE- (a) Purpose The Congress hereby declares that it is the purpose of this section (1) to establish a private corporation which will be financed by private capital and which will serve as a secondary market and warehousing facility for student loans, including loans which are insured by the Secretary under this part or by a guaranty agency, and which will provide liquidity for student loan investments; (2) in order to facilitate secured transactions involving student loans, to provide for perfection of security interests in student loans either through the taking of possession or by notice filing; and (3) to assure nationwide the establishment of adequate loan insurance programs for students, to provide for an additional program of loan insurance to be covered by agreements with the Secretary. (b) Establishment (1) In general There is hereby created a body corporate to be known as the Student Loan Marketing Association (hereinafter referred to as the 'Association'). The Association shall have succession until dissolved. It shall maintain its principal office in the District of Columbia and shall be deemed, for purposes of venue and jurisdiction in civil actions, to be a resident and citizen thereof. Offices may be established by the Association in such other place or places as it may deem necessary or appropriate for the conduct of its business. (2) Exemption from State and local taxes The Association, including its franchise, capital, reserves, surplus, mortgages, or other security holdings, and income shall be exempt from all taxation now or hereafter imposed by any State, territory, possession, Commonwealth, or dependency of the United States, or by the District of Columbia, or by any county, municipality, or local taxing authority, except that any real property of the Association shall be subject to State, territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed. (3) Appropriations authorized for establishment There is hereby authorized to be appropriated to the Secretary $5,000,000 for making advances for the purpose of helping to establish the Association. Such advances shall be repaid within such period as the Secretary may deem to be appropriate in light of the maturity and solvency of the Association. Such advances shall bear interest at a rate not less than (A) a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining period to maturity comparable to the maturity of such advances, adjusted to the nearest one-eighth of 1 percent, plus (B) an allowance adequate in the judgment of the Secretary to cover administrative costs and probable losses. Repayments of such advances shall be deposited into miscellaneous receipts of the Treasury. (c) Board of Directors (1) Board membership The Association shall have a Board of Directors which shall consist of twenty-one persons, one of whom shall be designated Chairman by the President. (2) Interim Board An interim Board of Directors shall be appointed by the President, one of whom he shall designate an interim Chairman. The interim Board shall consist of twenty-one members, seven of whom shall be representative of banks or other financial institutions which are insured lenders pursuant to this section, seven of whom shall be representative of educational institutions, and seven of whom shall be representative of the general public. The interim Board shall arrange for an initial offering of common and preferred stocks and take whatever other actions are necessary to proceed with the operations of the Association. (3) Regular Board When, in the judgment of the President, sufficient common stock of the Association has been purchased by educational institutions and banks or other financial institutions, the holders of common stock which are educational institutions shall elect seven members of the Board of Directors and the holders of common stock which are banks or other financial institutions shall elect seven members of the Board of Directors. The President shall appoint the remaining seven directors, who shall be representative of the general public. (4) Succession of regular Board At the time the events described in paragraph (3) have occurred, the interim Board shall turn over the affairs of the Association to the regular Board so chosen or appointed. (5) Terms of appointed and elected members The directors appointed by the President shall serve at the pleasure of the President and until their successors have been appointed and have qualified. The remaining directors shall each be elected for a term ending on the date of the next annual meeting of the common stockholders of the Association, and shall serve until their successors have been elected and have qualified. Any appointive seat on the Board which becomes vacant shall be filled by appointment of the President. Any elective seat on the Board which becomes vacant after the annual election of the directors shall be filled by the Board, but only for the unexpired portion of the term. (6) Meetings and functions of Board The Board of Directors shall meet at the call of its Chairman, but at least semiannually. The Board shall determine the general policies which shall govern the operations of the Association. The Chairman of the Board shall, with the approval of the Board, select, appoint, and compensate qualified persons to fill the offices as may be provided for in the bylaws, with such executive functions, powers, and duties as may be prescribed by the bylaws or by the Board of Directors, and such persons shall be the executive officers of the Association and shall discharge all such executive functions, powers, and duties. (d) Authority of Association (1) In general The Association is authorized, subject to the provisions of this section - (A) pursuant to commitments or otherwise to make advances on the security of, purchase, or repurchase, service, sell or resell, offer participations, or pooled interests or otherwise deal in, at prices and on terms and conditions determined by the Association, student loans which are insured by the Secretary under this part or by a guaranty agency; (B) to buy, sell, hold, underwrite, and otherwise deal in obligations, if such obligations are issued, for the purpose of making or purchasing insured loans, by a guaranty agency or by an eligible lender in a State described in section 1085(d)(1)(D) or (F) of this title; (C) to buy, sell, hold, insure, underwrite, and otherwise deal in obligations issued for the purpose of financing or refinancing the construction, reconstruction, renovation, or purchase of educational and training facilities and housing for students and faculties (including the underlying real property), and related equipment, instrumentation, and furnishings; (D) to undertake a program of loan insurance pursuant to agreements with the Secretary under section 1078 of this title, and except with respect to loans under subsection (o) of this section or under section 1078-3 of this title, the Secretary may enter into an agreement with the Association for such purpose only if the Secretary determines that (i) eligible borrowers are seeking and unable to obtain loans under this part, and (ii) no guaranty agency is capable of or willing to provide a program of loan insurance for such borrowers; and (E) to undertake any other activity which the Board of Directors of the Association determines to be in furtherance of the programs of insured student loans authorized under this part or will otherwise support the credit needs of students, except that - (i) in carrying out all such activities the purpose shall always be to provide secondary market and other support for lending programs offered by other organizations and not to replace or compete with such other programs; (ii) nothing in this subparagraph (E) shall be deemed to authorize the Association to acquire, own, operate, or control any bank, savings and loan association, savings bank or credit union; and (iii) not later than 30 days prior to the initial implementation of a program undertaken pursuant to this subparagraph (E), the Association shall advise the Chairman and the Ranking Member on the Committee on Labor and Human Resources of the Senate and the Chairman and the Ranking Member of the Committee on Education and Labor of the House of Representatives in writing of its plans to offer such program and shall provide information relating to the general terms and conditions of such program. The Association is further authorized to undertake any activity with regard to student loans which are not insured or guaranteed as provided for in this subsection as it may undertake with regard to insured or guaranteed student loans. Any warehousing advance made on the security of such loans shall be subject to the provisions of paragraph (3) of this subsection to the same extent as a warehousing advance made on the security of insured loans. (2) Warehousing advances Any warehousing advance made under paragraph (1)(A) of this subsection shall be made on the security of (A) insured loans, (B) marketable obligations and securities issued, guaranteed, or insured by, the United States, or for which the full faith and credit of the United States is pledged for the repayment of principal and interest thereof, or (C) marketable obligations issued, guaranteed, or insured by any agency, instrumentality, or corporation of the United States for which the credit of such agency, instrumentality, or corporation is pledged for the repayment of principal and interest thereof, in an amount equal to the amount of such advance. The proceeds of any such advance secured by insured loans shall either be invested in additional insured loans or the lender shall provide assurances to the Association that during the period of the borrowing it will maintain a level of insured loans in its portfolio not less than the aggregate outstanding balance of such loans held at the time of the borrowing. The proceeds from any such advance secured by collateral described in clauses (B) and (C) shall be invested in additional insured student loans. (3) Perfection of security interests in student loans Notwithstanding the provisions of any State law to the contrary, including the Uniform Commercial Code as in effect in any State, a security interest in insured student loans created on behalf of the Association or any eligible lender as defined in section 1085(a) of this title may be perfected either through the taking of possession of such loans or by the filing of notice of such security interest in such loans in the manner provided by such State law for perfection of security interests in accounts. (4) Form of securities Securities issued pursuant to the offering of participations or pooled interests under paragraph (1) of this subsection may be in the form of debt obligations, or trust certificates of beneficial ownership, or both. Student loans set aside pursuant to the offering of participations or pooled interests shall at all times be adequate to ensure the timely principal and interest payments on such securities. (5) Restrictions on facilities and housing activities Not less than 75 percent of the aggregate dollar amount of obligations bought, sold, held, insured, underwritten, and otherwise supported in accordance with the authority contained in paragraph (1)(C) shall be obligations which are listed by a nationally recognized statistical rating organization at a rating below the third highest rating of such organization. (e) Advances to lenders that do not discriminate The Association, pursuant to such criteria as the Board of Directors may prescribe, shall make advances on security or purchase student loans pursuant to subsection (d) of this section only after the Association is assured that the lender (1) does not discriminate by pattern or practice against any particular class or category of students by requiring that, as a condition to the receipt of a loan, the student or his family maintain a business relationship with the lender, except that this clause shall not apply in the case of a loan made by a credit union, savings and loan association, mutual savings bank, institution of higher education, or any other lender with less than $75,000,000 in deposits, and (2) does not discriminate on the basis of race, sex, color, creed, or national origin. (f) Stock of the Association (1) Common stock to insured lenders and eligible institutions only The Association shall have common stock having such par value as may be fixed by its Board of Directors from time to time which may be issued only to lenders under this part, pertaining to guaranteed student loans, who are qualified as insured lenders under this part or who are eligible institutions, as defined in section 1085(a) of this title, other than an institution outside of the United States. (2) Voting rights Each share of common stock shall be entitled to one vote with rights of cumulative voting at all elections of Directors. Voting shall be by classes as described in subsection (c)(3) of this section. (3) Number of shares; transferability The maximum number of shares of common stock that the Association may issue and have outstanding at any one time shall be fixed by the Board of Directors from time to time. Any common share issued shall be fully transferable, except that, as to the Association, it shall be transferred only on the books of the Association. (4) Dividends To the extent that net income is earned and realized, subject to subsection (g)(2) of this section, dividends may be declared on common stock and nonvoting common stock by the Board of Directors. Such dividends as may be declared by the Board shall be paid to the holders of outstanding shares of common stock and nonvoting common stock, except that no such dividends shall be payable with respect to any share which has been called for redemption past the effective date of such call. (5) Nonvoting common stock The Association is authorized to issue nonvoting common stock having such par value as may be fixed by its Board of Directors from time to time. Any nonvoting common stock shall be freely transferable, except that, as to the Association, it shall be transferable only on the books of the Association. (g) Preferred stock (1) Authority of Board The Association is authorized to issue nonvoting preferred stock having such par value as may be fixed by its Board of Directors from time to time. Any preferred share issued shall be freely transferable, except that, as to the Association, it shall be transferred only on the books of the Association. (2) Rights of preferred stock The holders of the preferred shares shall be entitled to such rate of cumulative dividends and such shares shall be subject to such redemption or other conversion provisions as may be provided for at the time of issuance. No dividends shall be payable on any share of common stock at any time when any dividend is due on any share of preferred stock and has not been paid. (3) Preference on termination of business In the event of any liquidation, dissolution, or winding up of the Association's business, the holders of the preferred shares shall be paid in full at par value thereof, plus all accrued dividends, before the holders of the common shares receive any payment. (h) Debt obligations (1) Approval by Secretaries of Education and the Treasury The Association is authorized with the approval of the Secretary of Education and the Secretary of the Treasury to issue and have outstanding obligations having such maturities and bearing such rate or rates of interest as may be determined by the Association. The authority of the Secretary of Education to approve the issuance of such obligations is limited to obligations issued by the Association and guaranteed by the Secretary pursuant to paragraph (2) of this subsection. Such obligations may be redeemable at the option of the Association before maturity in such manner as may be stipulated therein. The Secretary of the Treasury may not direct as a condition of his approval that any such issuance of obligations by the Association be made or sold to the Federal Financing Bank. To the extent that the average outstanding amount of the obligations owned by the Association pursuant to the authority contained in subsection (d)(1)(B) and (C) of this section and as to which the income is exempt from taxation under title 26 does not exceed the average stockholders' equity of the Association, the interest on obligations issued under this paragraph shall not be deemed to be interest on indebtedness incurred or continued to purchase or carry obligations for the purpose of section 265 of title 26. (2) Guarantee of debt The Secretary is authorized, prior to October 1, 1984, to guarantee payment when due of principal and interest on obligations issued by the Association in an aggregate amount determined by the Secretary in consultation with the Secretary of the Treasury. Nothing in this section shall be construed so as to authorize the Secretary of Education or the Secretary of the Treasury to limit, control, or constrain programs of the Association or support of the Guaranteed Student Loan Program by the Association. (3) Borrowing authority to meet guarantee obligations To enable the Secretary to discharge his responsibilities under guarantees issued by him, he is authorized to issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the months preceding the issuance of the notes or other obligations. The Secretary of the Treasury is authorized and directed to purchase any notes and other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under that chapter are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. There is authorized to be appropriated to the Secretary such sums as may be necessary to pay the principal and interest on the notes or obligations issued by him to the Secretary of the Treasury. (4) Action on request for guarantees Upon receipt of a request from the Association under this subsection requiring approvals by the Secretary of Education or the Secretary of the Treasury, the Secretary of Education or the Secretary of the Treasury shall act promptly either to grant approval or to advise the Association of the reasons for withholding approval. In no case shall such an approval be withheld for a period longer than 60 days unless, prior to the end of such period, the Secretary of Education and the Secretary of the Treasury submit to the Congress a detailed explanation of reasons for doing so. (5) Authority of Treasury to purchase debt The Secretary of the Treasury is authorized to purchase any obligations issued by the Association pursuant to this subsection as now or hereafter in force, and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds of the sale of any securities hereafter issued under chapter 31 of title 31, as now or hereafter in force, and the purposes for which securities may be issued under chapter 31 of title 31, as now or hereafter in force are extended to include such purchases. The Secretary of the Treasury shall not at any time purchase any obligations under this subsection if such purchase would increase the aggregate principal amount of his then outstanding holdings of such obligations under this subsection to an amount greater than $1,000,000,000. Each purchase of obligations by the Secretary of the Treasury under this subsection shall be upon such terms and conditions as to yield a return at a rate determined by the Secretary of the Treasury, taking into consideration the current average rate on outstanding marketable obligations of the United States of comparable maturities as of the last day of the month preceding the making of such purchase. The Secretary of the Treasury may, at any time, sell, upon such terms and conditions and at such price or prices as he shall determine, any of the obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such obligations under this subsection shall be treated as public debt transactions of the United States. (6) Sale of debt to Federal Financing Bank Notwithstanding any other provision of law the Association is authorized to sell or issue obligations on the security of student loans, the payment of interest or principal of which has at any time been guaranteed under section 1078 or 1079 of this title, to the Federal Financing Bank. (i) General corporate powers The Association shall have power - (1) to sue and be sued, complain and defend, in its corporate name and through its own counsel; (2) to adopt, alter, and use the corporate seal, which shall be judicially noticed; (3) to adopt, amend, and repeal by its Board of Directors, bylaws, rules, and regulations as may be necessary for the conduct of its business; (4) to conduct its business, carry on its operations, and have officers and exercise the power granted by this section in any State without regard to any qualification or similar statute in any State; (5) to lease, purchase, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with any property, real, personal, or mixed, or any interest therein, wherever situated; (6) to accept gifts or donations of services, or of property, real, personal, or mixed, tangible or intangible, in aid of any of the purposes of the Association; (7) to sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of its property and assets; (8) to appoint such officers, attorneys, employees, and agents as may be required, to determine their qualifications, to define their duties, to fix their salaries, require bonds for them, and fix the penalty thereof; and (9) to enter into contracts, to execute instruments, to incur liabilities, and to do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business. (j) Accounting, auditing, and reporting The accounts of the Association shall be audited annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants or by independent licensed public accountants, licensed on or before December 31, 1970, who are certified or licensed by a regulatory authority of a State or other political subdivision of the United States, except that independent public accountants licensed to practice by such regulatory authority after December 31, 1970, and persons who, although not so certified or licensed, meet, in the opinion of the Secretary, standards of education and experience representative of the highest standards prescribed by the licensing authorities of the several States which provide for the continuing licensing of public accountants and which are prescribed by the Secretary in appropriate regulations may perform such audits until December 31, 1975. A report of each such audit shall be furnished to the Secretary of the Treasury. The audit shall be conducted at the place or places where the accounts are normally kept. The representatives of the Secretary shall have access to all books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Association and necessary to facilitate the audit, and they shall be afforded full facilities for verifying transactions with the balances or securities held by depositaries, fiscal agents, and custodians. (k) Report on audits by Treasury A report of each such audit for a fiscal year shall be made by the Secretary of the Treasury to the President and to the Congress not later than 6 months following the close of such fiscal year. The report shall set forth the scope of the audit and shall include a statement (showing intercorporate relations) of assets and liabilities, capital and surplus or deficit; a statement of surplus or deficit analysis; a statement of income and expense; a statement of sources and application of funds; and such comments and information as may be deemed necessary to keep the President and the Congress informed of the operations and financial condition of the Association, together with such recommendations with respect thereto as the Secretary may deem advisable, including a report of any impairment of capital or lack of sufficient capital noted in the audit. A copy of each report shall be furnished to the Secretary, and to the Association. (l) Lawful investment instruments; effect of and exemptions from other laws All obligations issued by the Association including those made under subsection (d)(4) of this section shall be lawful investments, and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under authority or control of the United States or of any officer or officers thereof. All stock and obligations issued by the Association pursuant to this section shall be deemed to be exempt securities within the meaning of laws administered by the Securities and Exchange Commission, to the same extent as securities which are direct obligations of, or obligations guaranteed as to principal or interest by, the United States. The Association shall, for the purposes of section 355(2) of title 12, be deemed to be an agency of the United States. The obligations of the Association shall be deemed to be obligations of the United States for the purpose of section 3124 of title 31. For the purpose of the distribution of its property pursuant to section 726 of title 11, the Association shall be deemed a person within the meaning of such title. The priority established in favor of the United States by section 3713 of title 31 shall not establish a priority over the indebtedness of the Association issued or incurred on or before September 30, 1992. The Federal Reserve Banks are authorized to act as depositaries, custodians, or fiscal agents, or a combination thereof, for the Association in the general performance of its powers under this section. (m) Preparation of obligations In order to furnish obligations for delivery by the Association, the Secretary of the Treasury is authorized to prepare such obligations in such form as the Board of Directors may approve, such obligations when prepared to be held in the Treasury subject to delivery upon order by the Association. The engraved plates, dies, bed pieces, and so forth, executed in connection therewith shall remain in the custody of the Secretary of the Treasury. The Association shall reimburse the Secretary of the Treasury for any expenditures made in the preparation, custody, and delivery of such obligations. The Secretary of the Treasury is authorized to promulgate regulations on behalf of the Association so that the Association may utilize the book-entry system of the Federal Reserve Banks. (n) Report on operations and activities The Association shall, as soon as practicable after the end of each fiscal year, transmit to the President and the Congress a report of its operations and activities during each year. (o) Loan consolidations (1) In general The Association or its designated agent may, upon request of a borrower, consolidate loans received under this subchapter and part C of subchapter I of chapter 34 of title 42 in accordance with section 1078-3 of this title. (2) Use of existing agencies as agent The Association in making loans pursuant to this subsection in any State served by a guaranty agency or an eligible lender in a State described in section 1085(d)(1)(D) or (F) of this title may designate as its agent such agency or lender to perform such functions as the Association determines appropriate. Any agreements made pursuant to this subparagraph shall be on such terms and conditions as agreed upon by the Association and such agency or lender. (p) Advances for direct loans by guaranty agencies (1) In general The Association shall make advances in each fiscal year from amounts available to it to each guaranty agency and eligible lender described in subsection 1078(h)(1) of this title which has an agreement with the Association which sets forth that advances are necessary to enable such agency or lender to make student loans in accordance with section 1078(h) of this title and that such advances will be repaid to the Association in accordance with such terms and conditions as may be set forth in the agreement and agreed to by the Association and such agency or lender. Advances made under this subsection shall not be subject to subsection (d)(2) of this section. (2) Limitation No advance may be made under this subsection unless the guaranty agency or lender makes an application to the Association, which shall be accompanied by such information as the Association determines to be reasonably necessary. (q) Lender of last resort (1) Action at request of Secretary (A) Whenever the Secretary determines that eligible borrowers in a State not served by a guaranty agency or an eligible lender in a State described in section 1085(d)(1)(D) or (F) of this title are seeking and are unable to obtain loans under this part, the Association or its designated agent may begin making loans in accordance with this subsection at the request of the Secretary. The Association shall give preference to such States in making loans under this subsection. (B) Loans made pursuant to this subsection shall be insurable by the Secretary under section 1079 of this title with a certificate of comprehensive insurance coverage provided for under section 1079(b)(1) of this title. (2) Issuance and coverage of loans (A) Whenever the Secretary, after consultation with, and with the agreement of, representatives of the guaranty agency in a State, or an eligible lender in a State described in section 1085(d)(1)(D) of this title, determines that a substantial portion of eligible borrowers in such State or within an area of such State are seeking and are unable to obtain loans under this part, the Association or its designated agent may begin making loans in accordance with this subsection at the request of the Secretary. (B) Loans made pursuant to this subsection shall be insurable by the agency identified in subparagraph (A) having an agreement pursuant to section 1078(b) of this title. For loans insured by such agency, the agency shall provide the Association with a certificate of comprehensive insurance coverage, if the Association and the agency have mutually agreed upon a means to determine that the agency has not already guaranteed a loan under this part to a student which would cause a subsequent loan made by the Association to be in violation of any provision under this part. (3) Termination of lending The Association or its designated agent shall cease making loans under this part in any State at such time as it is determined by the Secretary, with regard to loans made under paragraph (1), or by any party to the agreement required by paragraph (2), that - (A) the conditions which caused the implementation of this subsection have ceased to exist; or (B) the implementation of this subsection has either (i) further reduced the availability of loans from other sources in the applicable geographical area, or (ii) inhibited the formation in a State of an agency which would have an agreement pursuant to section 1078(b) of this title which would have the responsibility of developing local sources of funds for student loans. -SOURCE- (Pub. L. 89-329, title IV, Sec. 439, as added Pub. L. 99-498, title IV, Sec. 402(a), Oct. 17, 1986, 100 Stat. 1418, and amended Pub. L. 100-50, Sec. 10(dd), June 3, 1987, 101 Stat. 347; Pub. L. 100-369, Sec. 7(c), July 18, 1988, 102 Stat. 837.) -COD- CODIFICATION In subsec. (h)(3) and (5), 'chapter 31 of title 31' substituted for 'the Second Liberty Bond Act, as amended' and 'the Second Liberty Bond Act', and 'that chapter' substituted for 'that Act, as amended', on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -MISC3- PRIOR PROVISIONS A prior section 1087-2, Pub. L. 89-329, title IV, Sec. 439, as added Pub. L. 92-318, title I, Sec. 133(a), June 23, 1972, 86 Stat. 265, and amended Pub. L. 94-273, Sec. 3(9), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94-482, title I, Sec. 127(a), Oct. 12, 1976, 90 Stat. 2136; Pub. L. 95-43, Sec. 1(a)(38), June 15, 1977, 91 Stat. 217; Pub. L. 96-374, title IV, Sec. 421(a)-(e)(1), title XIII, Sec. 1391(a)(1), (3), Oct. 3, 1980, 94 Stat. 1427-1430, 1503; Pub. L. 97-35, title V, Sec. 538, Aug. 13, 1981, 95 Stat. 457; Pub. L. 97-115, Sec. 18, Dec. 29, 1981, 95 Stat. 1610; Pub. L. 97-301, Sec. 14, Oct. 13, 1982, 96 Stat. 1405; Pub. L. 98-79, Sec. 2, 8, Aug. 15, 1983, 97 Stat. 476, 483; Pub. L. 99-272, title XVI, Sec. 16017(b)(4), 16018(a)(3), Apr. 7, 1986, 100 Stat. 347, 348, established the Student Loan Marketing Association, prior to the general revision of this part by Pub. L. 99-498. A prior section 1087-3, Pub. L. 89-329, title IV, Sec. 439A, as added Pub. L. 94-482, title I, Sec. 127(a), Oct. 12, 1976, 90 Stat. 2141, which related to a five-year nondischargeability of certain loan debts, was repealed by Pub. L. 95-598, title III, Sec. 317, Nov. 6, 1978, 92 Stat. 2678, eff. Nov. 6, 1978. A prior section 1087-3a, Pub. L. 89-329, title IV, Sec. 439B, as added Pub. L. 95-566, Sec. 8, Nov. 1, 1978, 92 Stat. 2404, which authorized any loan under this part to be counted as part of the expected family contribution in the determination of need, was repealed by Pub. L. 97-35, title V, Sec. 532(b)(2), Aug. 13, 1981, 95 Stat. 452, applicable to loans for which the statement required by section 1078(a)(2)(A) of this title is completed on or after Oct. 1, 1981. A prior section 1087-4, Pub. L. 89-329, title IV, Sec. 440, as added Pub. L. 94-482, title I, Sec. 127(a), Oct. 12, 1976, 90 Stat. 2141, which provided for criminal penalties, was repealed by Pub. L. 96-374, title IV, Sec. 451(b), Oct. 3, 1980, 94 Stat. 1458, eff. Oct. 1, 1980. See section 1097 of this title. AMENDMENTS 1988 - Subsec. (h)(1). Pub. L. 100-369 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954' in two places, which for purposes of codification was translated as 'title 26' thus requiring no change in text. 1987 - Subsec. (d)(1)(E)(iii). Pub. L. 100-50 inserted 'Labor and' before 'Human Resources'. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of Pub. L. 100-50, set out as a note under section 1001 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1078, 1085, 1087-1, 1092a of this title; title 42 sections 294a, 294e. ------DocID 26825 Document 1127 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER V Part C subpart 2 -HEAD- subpart 2 - leadership in educational administration development -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in section 1101a of this title. ------DocID 26842 Document 1128 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER V Part D subpart 2 -HEAD- subpart 2 - christa mc auliffe fellowship program -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in section 1101a of this title. ------DocID 26877 Document 1129 of 1400------ -CITE- 20 USC Sec. 1132b-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER VII Part A -HEAD- Sec. 1132b-2. Allotment of funds -STATUTE- (a) Use for public community colleges and technical institutes; others From the sums appropriated pursuant to section 1132a-1 of this title to carry out the purposes of this part, not less than 24 percent shall be allotted to States under subsection (b) of this section for public community colleges and public technical institutes. The remainder of such sums shall be allotted to States under subsection (c) of this section for all other institutions of higher education. (b) Allotment for public community colleges and technical institutes (1) For the purpose of making grants to public community colleges and public technical institutes, the Secretary shall allot to each State an amount which bears the same ratio to the amount available for allotment under this subsection as the product of - (A) the number of persons in the State who have graduated from high school or received an equivalent certificate during the previous school year, and (B) the State's allotment ratio, bears to the sum of the corresponding products for all the States. (2)(A) Except as provided in subparagraph (B), the allotment ratio shall be 1.00 less the product of - (i) 0.50, and (ii) the quotient obtained by dividing the income per person for the State by the income per person for all States (not including Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and Guam). (B) Notwithstanding subparagraph (A) - (i) the allotment ratio shall in no case be less than 0.33 1/3 or more than 0.66 2/3; (ii) the allotment ratio for Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and Guam shall be 0.66 2/3; and (iii) the allotment ratio of any State shall be 0.50 for any fiscal year if the Secretary finds that the cost of school construction in such State exceeds twice the median of such costs in all the States as determined by the Secretary on the basis of statistics and data as the Secretary shall deem adequate and appropriate. (C) Allotment ratios shall be promulgated annually by the Secretary on the basis of the average personal income in the State and in all the States for the three most recent consecutive calendar years for which data are available from the Department of Commerce. (c) Allotment for other institutions For the purpose of making grants to all other institutions of higher education, the Secretary shall allot to each State - (1) an amount which bears the same ratio to 50 percent of the amount available for allotment under this subsection as the number of students enrolled in institutions of higher education in such State bears to the number of students so enrolled in all States; and (2) an amount which bears the same ratio to 50 percent of the amount available for allotment under this subsection as the number of students enrolled in grades 9 through 12 of schools in such State bears to the total number of students so enrolled in all the States. (d) Aggregate limits and ratable reductions The aggregate amount allotted to any State under subsections (b) and (c) of this section for any fiscal year shall not be less than $100,000. If the sums appropriated pursuant to section 1132a-1 of this title are not sufficient to make payments to each State, then the amount of each State's allotment shall be ratably reduced. (e) Reallocation (1) Any portion of a State's allotment under subsections (b) and (c) of this section for any fiscal year for which applications from qualified institutions have not been received by the State agency prior to January 1 of such fiscal year shall, by request, be available for payment of the Federal share of cost of other approved projects. (2) Amounts allotted under this section for any fiscal year which are not used by the close of the fiscal year shall be reallotted by the Secretary among the States which are able to use the funds without delay during the next fiscal year. (f) Use for construction, reconstruction, renovation Funds available under this part may be used for construction, reconstruction, or renovation of undergraduate facilities and combined graduate and undergraduate facilities. (g) Use for maintenance In addition, an amount less than or equal to 10 percent of that portion of an award granted under this part which is allotted by the recipient to meet costs of - (1) research or instructional instrumentation and equipment, and (2) equipment and structural changes necessary to ensure the proper functioning of such research or instructional instrumentation and equipment, may be allocated by the recipient for maintenance of equipment and changes described in paragraphs (1) and (2). Part or all of this percentage may also be applied to costs of upgrading such equipment and structural changes within three years of the date of initial use, if the recipient deems such upgrading essential to the continued utility (usefulness) of such research or instructional instrumentation and equipment. -SOURCE- (Pub. L. 89-329, title VII, Sec. 713, as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1522.) -MISC1- PRIOR PROVISIONS A prior section 1132b-2, Pub. L. 89-329, title VII, Sec. 713, as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1473, related to allotment of appropriations among States, prior to the general revision of this subchapter by Pub. L. 99-498. ------DocID 26883 Document 1130 of 1400------ -CITE- 20 USC Sec. 1132d-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER VII Part C -HEAD- Sec. 1132d-2. Revolving loan fund -STATUTE- (a) Establishment There is created within the Treasury a revolving loan fund for the purpose of making loans under this part (hereafter referred to as the 'fund') which shall be available to the Secretary without fiscal year limitation. The total of any loans made from the fund in any fiscal year shall not exceed limitations specified in appropriations Acts. (b) Management of fund (1) The Secretary shall transfer to the fund appropriations provided under section 1132a-1 of this title to provide capital for making loans. Interest and principal payments on loans, and any other moneys, property, or assets derived from activities under this part shall be deposited in the fund. (2) All loans, expenses, and payments pursuant to operation of this part shall be paid from the fund, including expenses and payments in connection with sale, pursuant to section 1717(c) of title 12, of participations in obligations acquired under this part. At the close of each fiscal year, the Secretary shall pay interest on the cumulative amount of funds paid out for loans under this part less the average undisbursed cash balance in the fund during the year. The interest rate shall be determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding Treasury obligations of maturity comparable to the average maturity of loans made from the fund during the month preceding each fiscal year. Interest payments may be deferred with the approval of the Secretary of the Treasury, but interest payments so deferred shall themselves bear interest. If the Secretary determines that moneys in the fund exceed the present and prospective needs of the fund, the excess may be transferred to the general fund of the Treasury. -SOURCE- (Pub. L. 89-329, title VII, Sec. 733, as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1527, and amended Pub. L. 100-50, Sec. 19(4), June 3, 1987, 101 Stat. 360.) -MISC1- PRIOR PROVISIONS A prior section 1132d-2, Pub. L. 89-329, title VII, Sec. 733, as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1476, related to revolving loan and insurance fund, prior to the general revision of this subchapter by Pub. L. 99-498. Another prior section 1132d-2, Pub. L. 89-329, title VII, Sec. 763, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 300, related to grants for the purchase of equipment and supplies, prior to the general revision of this subchapter by Pub. L. 96-374. AMENDMENTS 1987 - Pub. L. 100-50, Sec. 19(4)(A), struck out 'and insurance' after 'loan' in section catchline. Subsec. (a). Pub. L. 100-50, Sec. 19(4)(B), struck out 'and insuring' after 'making'. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of Pub. L. 100-50, set out as a note under section 1001 of this title. A prior section 1132d-3, Pub. L. 89-329, title VII, Sec. 734, as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1477, related to annual interest grants to assist institutions of higher education and higher education building agencies, prior to the general revision of this subchapter by Pub. L. 99-498. See section 1132e of this title. Another prior section 1132d-3, Pub. L. 89-329, title VII, Sec. 764, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 300, related to repayable assistance in lieu of a grant, prior to the general revision of this subchapter by Pub. L. 96-374. A prior section 1132d-4, Pub. L. 89-329, title VII, Sec. 735, as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1477, related to academic facilities loan insurance, prior to the general revision of this subchapter by Pub. L. 99-498. Another prior section 1132d-4, Pub. L. 89-329, title VII, Sec. 765, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 300, related to applications for assistance to institutions of higher education, prior to the general revision of this subchapter by Pub. L. 96-374. Prior sections 1132d-5 and 1132d-11 were omitted in the general revision of this subchapter by Pub. L. 96-374. Section 1132d-5, Pub. L. 89-329, title VII, Sec. 766, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 300, defined 'major disaster' and 'public institution of higher education'. Section 1132d-11, Pub. L. 89-329, title VII, Sec. 771, as added Pub. L. 94-482, title I, Sec. 162(i), Oct. 12, 1976, 90 Stat. 2157, and amended Pub. L. 95-43, Sec. 1(a)(43), June 15, 1977, 91 Stat. 217, provided for a program of grants or loans for reconstruction or renovation of academic facilities. ------DocID 26889 Document 1131 of 1400------ -CITE- 20 USC Sec. 1132f-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER VII Part E -HEAD- Sec. 1132f-2. Process of organization -STATUTE- The Secretary of the Treasury, the Secretary, and the Student Loan Marketing Association shall each appoint 2 persons to be incorporators of the Corporation. If either the Secretary of the Treasury or the Secretary fail to appoint incorporators within 90 days after October 17, 1986, the Student Loan Marketing Association, after consultation with the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives, shall have the authority to name the incorporators which have not been so appointed. The incorporators so appointed shall each sign the articles of incorporation and shall serve as the initial Board of Directors until the members of the first regular Board of Directors shall have been appointed and elected. Such incorporators shall take whatever actions are necessary or appropriate to establish the Corporation, including the filing of articles of incorporation. -SOURCE- (Pub. L. 89-329, title VII, Sec. 753, as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1530.) ------DocID 26900 Document 1132 of 1400------ -CITE- 20 USC Sec. 1132g-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER VII Part F -HEAD- Sec. 1132g-2. Apportionment; priorities -STATUTE- (a) Apportionment Not more than 12.5 percent of the amount of the funds provided for in this part in the form of loans shall be made available to educational institutions within any one State. (b) Priorities In awarding loans under this part, the Secretary shall give priority - (1) to loans for renovation or reconstruction of undergraduate academic facilities; and (2) to loans for renovation or reconstruction of older undergraduate academic facilities and undergraduate academic facilities that have gone without major renovation or reconstruction for an extended period. -SOURCE- (Pub. L. 89-329, title VII, Sec. 763, as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1537.) ------DocID 26905 Document 1133 of 1400------ -CITE- 20 USC Sec. 1132h-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER VII Part G -HEAD- Sec. 1132h-2. Estey Hall -STATUTE- (a) Program authority In recognition of its historic and architectural significance as the first Black women's college dormitory, the Secretary is authorized, in accordance with the provisions of this section, to provide financial assistance to Shaw University of Raleigh, North Carolina, for the purpose of the renovation and restoration of the physical facilities of Estey Hall. (b) Application No financial assistance may be made under this section except upon an application at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. (c) Authorization of appropriations There are authorized to be appropriated $550,000 to carry out the provisions of this section. Funds appropriated pursuant to this section shall remain available until expended. -SOURCE- (Pub. L. 89-329, title VII, Sec. 773, as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1540.) ------DocID 26913 Document 1134 of 1400------ -CITE- 20 USC Sec. 1132i-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER VII Part H -HEAD- Sec. 1132i-2. Sales of obligations required -STATUTE- The Secretary shall sell, at public or private sale, obligations held under parts C and F of this subchapter upon such terms as the Secretary may fix and in such amounts as the Secretary determines will carry out the directions in the concurrent resolution on the budget for the fiscal year 1987 (S. Con. Res. 120, 99th Congress, agreed to June 27, 1986), but the Secretary shall not sell obligations having a market value of more than $579,000,000 in fiscal year 1987 and more than $314,000,000 in fiscal year 1988. Notwithstanding any other provision of this subchapter, after September 30, 1988, the Secretary shall not sell any of such obligations. Any agreement providing for delaying payment (with respect to obligations sold) until after September 30, 1988, or for delaying delivery of such obligations or delaying taking other actions in furtherance of such a sale until after such date, shall be considered to be a violation of the preceding sentence. -SOURCE- (Pub. L. 89-329, title VII, Sec. 783, as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1545, and amended Pub. L. 100-203, title III, Sec. 3101, Dec. 22, 1987, 101 Stat. 1330-39.) -REFTEXT- REFERENCES IN TEXT S. Con. Res. 120, referred to in text, is S. Con. Res. 120, June 27, 1986, 100 Stat. 4354, which is not classified to the Code. -MISC2- AMENDMENTS 1987 - Pub. L. 100-203 inserted at end 'Notwithstanding any other provision of this subchapter, after September 30, 1988, the Secretary shall not sell any of such obligations. Any agreement providing for delaying payment (with respect to obligations sold) until after September 30, 1988, or for delaying delivery of such obligations or delaying taking other actions in furtherance of such a sale until after such date, shall be considered to be a violation of the preceding sentence.' ------DocID 26953 Document 1135 of 1400------ -CITE- 20 USC Sec. 1135a-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER X Part A -HEAD- Sec. 1135a-2. Administrative provisions -STATUTE- (a) Appointment of technical employees The Secretary may appoint, for terms not to exceed three years, without regard to the provisions of title 5 governing appointments in the competitive service, not more than five technical employees to administer this subchapter who 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. (b) Review and evaluation procedures The Director shall establish procedures for reviewing and evaluating grants and contracts made or entered into under this subchapter. Procedures for reviewing grant applications or contracts for financial assistance under this section may not be subject to any review outside of officials responsible for the administration of the Fund for the Improvement of Postsecondary Education. -SOURCE- (Pub. L. 89-329, title X, Sec. 1004, as added Pub. L. 96-374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat. 1490.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (a), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. -MISC2- PRIOR PROVISIONS A prior section 1135a-2, Pub. L. 89-329, title X, Sec. 1013, as added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 314, which provided for establishment grants and defined the term 'new community college', was repealed by section 1001(a) of Pub. L. 96-374. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1135e-1 of this title. ------DocID 26959 Document 1136 of 1400------ -CITE- 20 USC Sec. 1135b-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER X Part B subpart 1 -HEAD- Sec. 1135b-2. Use of funds -STATUTE- (a) Types of grants Funds appropriated to carry out this subpart may be made available as - (1) institutional grants (as defined in section 1135d-5(6) of this title); (2) cooperative grants (as defined in section 1135d-5(7) of this title); (3) design projects (as defined in section 1135d-5(8) of this title); or (4) special projects (as defined in section 1135d-5(9) of this title). (b) Authorized uses for each type of grant (1) The authorized uses of funds made available as institutional grants include (but are not limited to) - (A) faculty development programs; or (B) development of curriculum materials. (2) The authorized uses of funds made available as cooperative grants include (but are not limited to) - (A) assisting institutions in sharing facilities and personnel; (B) disseminating information about established programs in science and engineering; (C) supporting cooperative efforts to strengthen the institutions' science and engineering programs; or (D) carrying out a combination of any of the activities in subparagraphs (A) through (C). (3) The authorized uses of funds made available as design projects include (but are not limited to) - (A) developing planning, management, and evaluation systems; or (B) developing plans for initiating scientific research and for improving institutions' capabilities for such activities. Funds used for design project grants may not be used to pay more than 50 percent of the salaries during any academic year of faculty members involved in the project. (4) The authorized uses of funds made available as special projects include (but are not limited to) - (A) advanced science seminars; (B) science faculty workshops and conferences; (C) faculty training to develop specific science research or education skills; (D) research in science education; (E) programs for visiting scientists; (F) preparation of films or audio-visual materials in science; (G) development of learning experiences in science beyond those normally available to minority undergraduate students; (H) development of pre-college enrichment activities in science; or (I) any other activities designed to address specific barriers to the entry of minorities into science. -SOURCE- (Pub. L. 89-329, title X, Sec. 1023, as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1562.) -MISC1- PRIOR PROVISIONS A prior section 1135b-2, Pub. L. 89-329, title X, Sec. 1053, as added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 317, which set forth requirements for administration of programs by Secretary, was repealed by Pub. L. 94-482, title I, Sec. 176(c), title II, Sec. 204(c)(2), Oct. 12, 1976, 90 Stat. 2165, 2215, eff. Sept. 30, 1987, Oct. 1, 1977. ------DocID 26961 Document 1137 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER X Part B subpart 2 -HEAD- subpart 2 - science and engineering access programs ------DocID 26964 Document 1138 of 1400------ -CITE- 20 USC Sec. 1135c-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER X Part B subpart 2 -HEAD- Sec. 1135c-2. Supportable activities -STATUTE- Funds appropriated for the purpose of this subpart may be made available for - (1) providing needed services to groups of minority institutions or providing training for scientists and engineers from eligible minority institutions; (2) providing needed services to groups of institutions serving significant numbers of minority students or providing training for scientists and engineers from such institutions to improve their ability to train minority students in science or engineering; (3) assisting minority institutions to improve the quality of preparation of their students for graduate work or careers in science, mathematics, and technology; (4) improving access of undergraduate students at minority institutions to careers in the sciences, mathematics, and engineering; (5) improving access of minority students to careers in the sciences, mathematics, and engineering; (6) improving access for pre-college minority students to careers in science, mathematics, and engineering through community outreach programs conducted through colleges and universities eligible for support through the Minority Science and Engineering Improvement Programs; (7) disseminating activities, information, and educational materials designed to address specific barriers to the entry of minorities into science and technology, and conducting activities and studies concerning the flow of underrepresented ethnic minorities into scientific careers; (8) supporting curriculum models to encourage minority student participation in research careers in science, mathematics, and technology; and (9) improving the capability of minority institutions for self-assessment, management, and evaluation of their science, mathematics, and engineering programs and dissemination of their results. -SOURCE- (Pub. L. 89-329, title X, Sec. 1033, as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1563.) ------DocID 26968 Document 1139 of 1400------ -CITE- 20 USC Sec. 1135d-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER X Part B subpart 3 -HEAD- Sec. 1135d-2. Cross program and cross agency cooperation -STATUTE- The Minority Science and Engineering Improvement Programs shall cooperate with other programs within the Department and within Federal, State, and private agencies which carry out programs to improve the quality of science, mathematics, and engineering education. -SOURCE- (Pub. L. 89-329, title X, Sec. 1043, as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1564.) ------DocID 26976 Document 1140 of 1400------ -CITE- 20 USC Sec. 1135e-2 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER X Part C -HEAD- Sec. 1135e-2. Authorization of appropriations -STATUTE- (a) Authorization There are authorized to be appropriated to carry out this part, $3,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. (b) Requisite concurrent appropriations No funds may be appropriated pursuant to subsection (a) of this section for any fiscal year unless funds are appropriated for part A of this subchapter for such fiscal year. -SOURCE- (Pub. L. 89-329, title X, Sec. 1063, as added Pub. L. 99-498, title X, Sec. 1003, Oct. 17, 1986, 100 Stat. 1567.) ------DocID 27056 Document 1141 of 1400------ -CITE- 20 USC Sec. 1221-2 -EXPCITE- TITLE 20 CHAPTER 31 -HEAD- Sec. 1221-2. National policy with respect to museums as educational institutions -STATUTE- The Congress, recognizing - (1) that museums serve as sources for schools in providing education for children, (2) that museums provide educational services of various kinds for educational agencies and institutions and institutions of higher education, and (3) that the expense of the educational services provided by museums is seldom borne by the educational agencies and institutions taking advantage of the museums' resources, declares that it is the sense of the Congress that museums be considered educational institutions and that the cost of their educational services be more frequently borne by educational agencies and institutions benefiting from those services. -SOURCE- (Pub. L. 93-380, title VIII, Sec. 803, Aug. 21, 1974, 88 Stat. 597.) -COD- CODIFICATION Section was enacted as part of Education Amendments of 1974, and not as part of General Education Provisions Act which comprises this chapter. -MISC3- EFFECTIVE DATE Section effective on and after sixtieth day after Aug. 21, 1974, see section 2(c) of Pub. L. 93-380, set out as an Effective Date of 1974 Amendment note under section 244 of this title. ------DocID 27068 Document 1142 of 1400------ -CITE- 20 USC Sec. 1221e-2 -EXPCITE- TITLE 20 CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 1221e-2. Education officers of United States -STATUTE- (a) 'Education officer of the United States' defined For the purposes of this section, the term 'education officer of the United States' means any person appointed by the President pursuant to this subchapter, except members of commissions, councils, and boards. (b) Service Each education officer of the United States shall serve at the pleasure of the President. (c) Conflict of interest No education officer of the United States shall engage in any other business, vocation, or employment while serving in the position to which he is appointed; nor may he, except with the express approval of the President in writing, hold any office in, or act in any capacity for, or have any financial interest in, any organization, agency, or institution to which an agency in the Department of Education makes a grant or with which any such agency makes a contract or any other financial arrangement. (d) Dual employment No person shall hold, or act for, more than one position as an education officer of the United States for more than a 30 day period. -SOURCE- (Pub. L. 90-247, title IV, Sec. 407, as added Pub. L. 93-380, title V, Sec. 502(a)(1), Aug. 21, 1974, 88 Stat. 559, and amended Pub. L. 96-88, title III, Sec. 301(b)(2), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 678, 692.) -MISC1- EFFECTIVE DATE Section 502(b) of Pub. L. 93-380 provided that: 'The amendments made by this section (enacting this section and section 1221e-3 of this title and amending sections 1221b and 1221e of this title) shall be effective on the tenth day after the date of enactment of this Act (Aug. 21, 1974).' -TRANS- TRANSFER OF FUNCTIONS 'Department of Education' substituted for 'Education Division' in subsec. (c) pursuant to sections 301(b)(2) and 507 of Pub. L. 96-88, which are classified to sections 3441(b)(2) and 3507 of this title and which transferred Education Division to Department of Education. -CROSS- CROSS REFERENCES Dual pay and dual employment generally, see section 5531 et seq. of Title 5, Government Organization and Employees. ------DocID 27083 Document 1143 of 1400------ -CITE- 20 USC Part 2 -EXPCITE- TITLE 20 CHAPTER 31 SUBCHAPTER II Part 2 -HEAD- Part 2 - Planning and Evaluation of Federal Education Activities -MISC1- AMENDMENTS 1974 - Pub. L. 93-380, title V, Sec. 506(a)(3)(C), Aug. 21, 1974, 88 Stat. 563, added part 2 heading. ------DocID 27097 Document 1144 of 1400------ -CITE- 20 USC Sec. 1231b-2 -EXPCITE- TITLE 20 CHAPTER 31 SUBCHAPTER III Part I -HEAD- Sec. 1231b-2. Review of applications -STATUTE- (a) Persons aggrieved; final State educational agency actions; hearing; ruling and reasons for ruling; rescission of final actions In the case of any applicable program under which financial assistance is provided to (or through) a State educational agency to be expended in accordance with a State plan approved by the Secretary, and in the case of the program provided for in title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 et seq.), any applicant or recipient aggrieved by the final action of the State educational agency, and alleging a violation of State or Federal law, rules, regulations, or guidelines governing the applicable program, in (1) disapproving or failing to approve its application or program in whole or part, (2) failing to provide funds in amounts in accord with the requirements of laws and regulations, (3) ordering, in accordance with a final State audit resolution determination, the repayment of misspent or misapplied Federal funds, or (4) terminating further assistance for an approved program, may within thirty days request a hearing. Within thirty days after it receives such a request, the State educational agency shall hold a hearing on the record and shall review such final action. No later than ten days after the hearing the State educational agency shall issue its written ruling, including reasons therefor. If it determines such final action was contrary to Federal or State law, or the rules, regulations, and guidelines, governing such applicable program it shall rescind such final action. (b) Appeals to Secretary; persons aggrieved; notice; orders prescribing appropriate agency actions; finality of agency fact findings; interim orders pending appeal or review Any applicant or recipient aggrieved by the failure of a State educational agency to rescind its final action after a review under subsection (a) of this section may appeal such action to the Secretary. An appeal under this subsection may be taken only if notice of such appeal is filed with the Secretary within twenty days after the applicant or recipient has been notified by the State educational agency of the results of its review under subsection (a) of this section. If, on such appeal, the Secretary determines the final action of the State educational agency was contrary to Federal law, or the rules, regulations, and guidelines governing the applicable program, he shall issue an order to the State educational agency prescribing appropriate action to be taken by such agency. On such appeal, findings of fact of the State educational agency, if supported by substantial evidence, shall be final. The Secretary may also issue such interim orders to State educational agencies as he may deem necessary and appropriate pending appeal or review. (c) Records; availability Each State educational agency shall make available at reasonable times and places to each applicant or recipient under a program to which this section applies all records of such agency pertaining to any review or appeal such applicant or recipient is conducting under this section, including records of other applicants. (d) Termination of assistance for noncompliance with provisions or orders If any State educational agency fails or refuses to comply with any provision of this section, or with any order of the Secretary under subsection (b) of this section, the Secretary shall forthwith terminate all assistance to the State educational agency under the applicable program affected. -SOURCE- (Pub. L. 90-247, title IV, Sec. 425, as added Pub. L. 93-380, title V, Sec. 508(a), Aug. 21, 1974, 88 Stat. 566, and amended Pub. L. 95-561, title XII, Sec. 1247, Nov. 1, 1978, 92 Stat. 2354; Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692.) -REFTEXT- REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (a), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as amended generally by Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 140. Title I of the 1965 Act, which was formerly classified to subchapter II (Sec. 241a et seq.) of chapter 13 of this title, is classified generally to subchapter I (Sec. 2701 et seq.) of chapter 47 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. -MISC2- AMENDMENTS 1978 - Subsec. (a). Pub. L. 95-561 added cl. (3) relating to the ordering, in accordance with a final State audit resolution determination, the repayment of misspent or misapplied Federal funds, and redesignated former cl. (3) as (4). EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-561 effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95-561, set out as an Effective Date note under section 1221-3 of this title. EFFECTIVE DATE Section effective Aug. 21, 1974, see section 508(b) of Pub. L. 93-380, set out as a note under section 1231b-1 of this title. -TRANS- TRANSFER OF FUNCTIONS 'Secretary', meaning Secretary of Education, substituted for 'Commissioner' in subsecs. (a), (b), and (d) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred functions of Commissioner of Education to Secretary of Education. ------DocID 27243 Document 1145 of 1400------ -CITE- 20 USC Part 2 -EXPCITE- TITLE 20 CHAPTER 39 SUBCHAPTER I Part 2 -HEAD- Part 2 - Unlawful Practices -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 1710 of this title. ------DocID 27347 Document 1146 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 44 SUBCHAPTER II Part B subpart 2 -HEAD- subpart 2 - corrections education ------DocID 27355 Document 1147 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 44 SUBCHAPTER II Part C subpart 2 -HEAD- subpart 2 - uses of funds ------DocID 27401 Document 1148 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 44 SUBCHAPTER III Part G subpart 2 -HEAD- subpart 2 - vocational education lighthouse schools -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in section 2302 of this title. ------DocID 27497 Document 1149 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 47 SUBCHAPTER I Division 1 Part A subpart 2 -HEAD- subpart 2 - basic program requirements -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in sections 2711, 2712 of this title. ------DocID 27536 Document 1150 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 47 SUBCHAPTER I Division 1 Part D subpart 2 -HEAD- subpart 2 - programs for handicapped children -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in sections 1411, 1413, 1422, 2811, 2812, 2823 of this title. ------DocID 27569 Document 1151 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 47 SUBCHAPTER I Division 1 Part F subpart 2 -HEAD- subpart 2 - state administration -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in section 2782 of this title. ------DocID 27587 Document 1152 of 1400------ -CITE- 20 USC Division 2 -EXPCITE- TITLE 20 CHAPTER 47 SUBCHAPTER I Division 2 -HEAD- Division 2 - Federal, State, and Local Partnership for Educational Improvement -SECREF- DIVISION REFERRED TO IN OTHER SECTIONS This division is referred to in sections 244, 1232d, 2744, 2746, 2891, 2901, 3030, 3062 of this title. ------DocID 27594 Document 1153 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 47 SUBCHAPTER I Division 2 Part A subpart 2 -HEAD- subpart 2 - state programs ------DocID 27634 Document 1154 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 47 SUBCHAPTER II Part A subpart 2 -HEAD- subpart 2 - regional mathematics and science education consortiums -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in sections 2992, 5311, 5321 of this title. ------DocID 27692 Document 1155 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 47 SUBCHAPTER IV Part C subpart 2 -HEAD- subpart 2 - programs for older americans and recent immigrants -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in section 3112 of this title. ------DocID 28125 Document 1156 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 62 SUBCHAPTER I Part A subpart 2 -HEAD- subpart 2 - presidential award for languages -COD- CODIFICATION Provisions similar to this subpart were enacted by Pub. L. 100-297 and are classified to part C (Sec. 3011 et seq.) of subchapter II of chapter 47 of this title. ------DocID 28148 Document 1157 of 1400------ -CITE- 20 USC subpart 2 -EXPCITE- TITLE 20 CHAPTER 62 SUBCHAPTER I Part C subpart 2 -HEAD- subpart 2 - assistance to provide basic skills improvement -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in section 5071 of this title. ------DocID 28265 Document 1158 of 1400------ -CITE- 21 USC CHAPTER 2 -EXPCITE- TITLE 21 CHAPTER 2 -HEAD- CHAPTER 2 - TEAS -MISC1- Sec. 41. Importation of tea inferior to standard. 42. Board of experts; appointment; term; vacancies; compensation. 43. Standards of purity; duplicate samples at customhouses and for importers and dealers. 44. Bonds of importers; examination; importations at ports having no examiner. 45. Permit for delivery; retention of inferior grades; reexamination; partial delivery. 46. Examiners; examination according to usages of trade. 46a. Deposit of fee before examination of tea. 47. United States Board of Tea Appeals; permit for delivery; exportation or destruction of inferior grades. 48. Reexamination; findings by examiner; assistance of experts. 49. Reimporting rejected teas; forfeiture. 50. Regulations. ------DocID 28311 Document 1159 of 1400------ -CITE- 21 USC Sec. 114d-2 to 114d-6 -EXPCITE- TITLE 21 CHAPTER 4 SUBCHAPTER III -HEAD- Sec. 114d-2 to 114d-6. Repealed. Pub. L. 92-152, Sec. 3, Nov. 5, 1971, 85 Stat. 419 -MISC1- Section 114d-2, Pub. L. 90-388, Sec. 1, July 6, 1968, 82 Stat. 294, provided for cooperation with Central America in control and eradication of foot-and-mouth disease or rinderpest. See section 114b of this title. Section 114d-3, Pub. L. 90-388, Sec. 2, July 6, 1968, 82 Stat. 294, provided for uses of funds. See section 114c of this title. Section 114d-4, Pub. L. 90-388, Sec. 3, July 6, 1968, 82 Stat. 294, defined governments of Central America. See sections 114b and 114c of this title. Section 114d-5, Pub. L. 90-388, Sec. 4, July 6, 1968, 82 Stat. 294, provided for cooperation with public and private organizations and individuals. See section 114d-1 of this title. Section 114d-6, Pub. L. 90-388, Sec. 5, July 6, 1968, 82 Stat. 294, provided for authorization of appropriations. See Appropriations note set out under section 114b of this title. ------DocID 28818 Document 1160 of 1400------ -CITE- 22 USC CHAPTER 2 -EXPCITE- TITLE 22 CHAPTER 2 -HEAD- CHAPTER 2 - CONSULAR COURTS ------DocID 28862 Document 1161 of 1400------ -CITE- 22 USC Sec. 254c-2 -EXPCITE- TITLE 22 CHAPTER 6 -HEAD- Sec. 254c-2. Report on admission of certain aliens -STATUTE- The Attorney General shall report annually to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence regarding the circumstances of any admission to the United States over the objections of the Federal Bureau of Investigation, of any Soviet national employed by or assigned to a foreign mission or international organization in the United States. -SOURCE- (Pub. L. 100-178, title V, Sec. 501, Dec. 2, 1987, 101 Stat. 1014.) ------DocID 28884 Document 1162 of 1400------ -CITE- 22 USC Sec. 262g-2 -EXPCITE- TITLE 22 CHAPTER 7 -HEAD- Sec. 262g-2. Establishment of guidelines for international financial institutions -STATUTE- (a) Consultation with representatives of member countries The Secretary of the Treasury shall consult with representatives of other member countries of the International Bank for Reconstruction and Development, the International Development Association, the Asian Development Bank, the African Development Fund, and the African Development Bank (if the United States becomes a member of that Bank), for the purpose of establishing guidelines within each of those institutions which specify that, in a manner consistent with the purposes and charters of those institutions, a specified proportion of the annual lending by each institution shall be designed to benefit needy people, primarily by financing sound, efficient, productive, self-sustaining projects designed to benefit needy people in developing countries, thus helping poor people improve their conditions of life. (b) Congressional findings regarding implementation of objectives The Congress finds that projects to construct basic infrastructure, to expand productive capacity (including private enterprise), and to address social problems can all meet the objectives of this section if they are designed and implemented properly. For the purposes of this title, 'needy people' means those people living in 'absolute' or 'relative' poverty as determined under the standards employed by the International Bank for Reconstruction and Development and the International Development Association. -SOURCE- (Pub. L. 95-118, title XI, Sec. 1102, as added Pub. L. 97-35, title XIII, Sec. 1361(b), Aug. 13, 1981, 95 Stat. 745.) -REFTEXT- REFERENCES IN TEXT This title, referred to in subsec. (b), is title XI (Sec. 1101-1103) of Pub. L. 95-118, as added by Pub. L. 97-35, title XIII, Sec. 1361(b), Aug. 13, 1981, 95 Stat. 745, which enacted sections 262g-1 and 262g-2 of this title and enacted a provision set out as a note below. For complete classification of title XI to the Code, see Tables. -MISC2- EFFECTIVE DATE Section effective Aug. 13, 1981, see section 1372 of Pub. L. 97-35, set out as a note under section 290i of this title. REPORTS TO CONGRESS Section 1103 of Pub. L. 95-118, as added by Pub. L. 97-35, title XIII, Sec. 1361(b), Aug. 13, 1981, 95 Stat. 746, which required reports on the progress being made toward achieving the goals of this section, was repealed by Pub. L. 101-240, title V, Sec. 541(d)(4), Dec. 19, 1989, 103 Stat. 2518. ------DocID 28893 Document 1163 of 1400------ -CITE- 22 USC Sec. 262m-2 -EXPCITE- TITLE 22 CHAPTER 7 -HEAD- Sec. 262m-2. Environmental impact of assistance proposals -STATUTE- (a) Analysis by agencies, United States embassies and overseas missions of Agency for International Development; factors considered; affirmative investigation of adverse impacts; availability of information to public (1) In the course of reviewing assistance proposals of the multilateral development banks, the Administrator of the Agency for International Development, in consultation with the Secretary of the Treasury and the Secretary of State, shall ensure that other agencies and appropriate United States embassies and overseas missions of the Agency for International Development are instructed to analyze, where feasible, the environmental impacts of multilateral development loans well in advance of such loans' approval by the relevant institutions to determine whether the proposals will contribute to the sustainable development of the borrowing country. (2) To the extent possible, such reviews shall address the economic viability of the project, adverse impacts on the environment, natural resources, public health, and indigenous peoples, and recommendations as to measures, including alternatives, that could eliminate or mitigate adverse impacts. (3) If there is reason to believe that any such loan is particularly likely to have substantial adverse impacts, the Administrator of the Agency for International Development, in consultation with the Secretary of the Treasury and the Secretary of State, shall ensure that an affirmative investigation of such impacts is undertaken in consultation with relevant Federal agencies. If not classified under the national security system of classification, the information collected pursuant to this paragraph shall be made available to the public. (b) Evaluation by major shareholder governments prior to bank action on assistance proposals The Secretary of the Treasury shall instruct the Executive Directors representing the United States at the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank to urge the management and other directors of each such bank, to provide sufficient time between the circulation of assistance proposals and bank action on those proposals, in order to permit their evaluation by major shareholder governments. (c) Identification of proposals likely to have adverse impact; transmittal to Congress Based on the information obtained during the evaluation referred to in subsection (a) of this section and other available information, the Administrator of the Agency for International Development, in consultation with the Secretary of the Treasury and the Secretary of State, shall identify those assistance proposals likely to have adverse impacts on the environment, natural resources, public health, or indigenous peoples. The proposals so identified shall be transmitted to the Committee on Appropriations and the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate, not later than June 30 and December 31 of each year following December 22, 1987. (d) Reports to Executive Directors; elimination or mitigation of adverse impacts The Secretary of the Treasury shall forward reports concerning information received under subsection (a) of this section to the Executive Director representing the United States in the appropriate bank with instructions to seek to eliminate or mitigate adverse impacts which may result from the proposal. -SOURCE- (Pub. L. 95-118, title XIII, Sec. 1303, as added Pub. L. 100-202, Sec. 101(e) (title I), Dec. 22, 1987, 101 Stat. 1329-131, 1329-134.) -COD- CODIFICATION Section 1303 of Pub. L. 95-118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100-202. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 262r-2 of this title. ------DocID 28901 Document 1164 of 1400------ -CITE- 22 USC Sec. 262n-2 -EXPCITE- TITLE 22 CHAPTER 7 -HEAD- Sec. 262n-2. Financing projects for production of export commodities, products, or minerals in surplus in world markets discouraged; instructions by Secretary of the Treasury to United States Executive Directors -STATUTE- (a) The Secretary of the Treasury shall take all appropriate steps to discourage multilateral development banks from financing projects which will result in the production of commodities, products, or minerals for export that will be in surplus in world markets at the time such production begins. (b) The Secretary of the Treasury shall instruct the United States Executive Directors of the multilateral development banks to use the voice and vote of the United States in the respective banks - (1) to oppose financing by the respective bank of projects which produce, or will produce, commodities, products, or minerals for export if - (A) the commodity, product, or mineral is subsidized in a manner which is inconsistent with Article XVI.3 of the General Agreement on Tariffs and Trade or Article 10 of the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade; and (B) support from financial sources other than multilateral development banks does not accompany such financing; and (2) to oppose financing by the respective bank for production of a commodity, product, or mineral for export which - (A) is likely to be in surplus on world markets at the time such production begins; and (B) when exported, is likely to cause injury to United States producers within the meaning of Article 6 of the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade. -SOURCE- (Pub. L. 95-118, title XIV, Sec. 1403, as added Pub. L. 100-202, Sec. 101(e) (title I), Dec. 22, 1987, 101 Stat. 1329-131, 1329-134.) -COD- CODIFICATION Section 1403 of Pub. L. 95-118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100-202. -CROSS- DEFINITIONS The definitions in section 262p-5 of this title apply to this section. ------DocID 28905 Document 1165 of 1400------ -CITE- 22 USC Sec. 262p-2 -EXPCITE- TITLE 22 CHAPTER 7 -HEAD- Sec. 262p-2. Instructions to United States Executive Directors for extension of credit -STATUTE- (a) International Bank for Reconstruction and Development; International Development Association; access of poor to formal sources of credit; identification and removal of barriers to extension of credit generally and to provisions of credit to microenterprises The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the International Development Association to initiate discussions with other directors of such Bank or Association and to propose that - (1) in carrying on the activities of the Bank or Association, the Bank or Association take such steps as may be necessary to increase access for the poor people of a borrowing country to formal sources of credit; and (2) the Bank or Association include a requirement in all appropriate project and nonproject agreements, as a condition for assistance under such agreements, that the borrowing country identify and remove unreasonable legal and regulatory barriers to - (A) the establishment or operation of organizations which extend credit; and (B) the provision of credit to microenterprises for small scale economic activities. (b) African Development Bank and Asian Development Bank; provision of credit to microenterprises The Secretary of the Treasury shall instruct the United States Executive Directors of the African Development Bank and the Asian Development Bank to initiate discussions with other directors of the respective banks and to propose that each such bank - (1) examine the Program for the Financing of Small Projects of the Inter-American Development Bank and the steps taken by such bank to link the Program to the mainstream operation of the bank; and (2) explore ways and means to establish similar programs within the respective banks to provide credit to microenterprises for small scale economic activities. (c) Annual reports to Congress; inclusion of status of microenterprise credit promotion activities Each annual report to the Congress by the National Advisory Council on International Monetary and Financial Policies shall describe the status of the microenterprise credit promotion activities of each of the institutions referred to in subsection (a) or (b) of this section. -SOURCE- (Pub. L. 95-118, title XVI, Sec. 1603, as added Pub. L. 100-202, Sec. 101(e) (title I), Dec. 22, 1987, 101 Stat. 1329-131, 1329-134.) -COD- CODIFICATION Section 1603 of Pub. L. 95-118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100-202. -CROSS- DEFINITIONS The definitions in section 262p-5 of this title apply to this section. ------DocID 28926 Document 1166 of 1400------ -CITE- 22 USC Sec. 262r-2 -EXPCITE- TITLE 22 CHAPTER 7 -HEAD- Sec. 262r-2. Combined report on effect of pending multilateral development bank loans on environment, natural resources, public health, and indigenous peoples -STATUTE- Not later than April 1 and October 1 of each year, the Administrator of the Agency for International Development, in consultation with the Secretary of the Treasury and the Secretary of State, shall submit to the Committee on Appropriations and the Committee on Banking, Finance and Urban Affairs of the House of Representatives, and the Committee on Appropriations and the Committee on Foreign Relations of the Senate, as a combined report, the reports required by section 262m-2(c) of this title and by section 537(h)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (sec. 1(e) of Public Law 100-202). -SOURCE- (Pub. L. 95-118, title XVII, Sec. 1703, as added Pub. L. 101-240, title V, Sec. 541(a), Dec. 19, 1989, 103 Stat. 2516.) -REFTEXT- REFERENCES IN TEXT Section 537(h)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, referred to in text, is Pub. L. 100-202, Sec. 101(e) (title V, Sec. 537(h)(2)), Dec. 22, 1987, 101 Stat. 1329-131, 1329-163, which was classified to section 262l of this title. -CROSS- DEFINITIONS The definitions in section 262r of this title apply to this section. ------DocID 28929 Document 1167 of 1400------ -CITE- 22 USC Sec. 262s-2 -EXPCITE- TITLE 22 CHAPTER 7 -HEAD- Sec. 262s-2. Commercial Service Officers and multilateral development bank procurement -STATUTE- (a) Appointment of Commercial Service Officers to serve with Executive Directors The Secretary of Commerce, in consultation with the Secretary of the Treasury, shall appoint a procurement officer, who is a representative of the International Trade Administration or a Commercial Service Officer of the United States and Foreign Commercial Service, to serve, on a full-time or part-time basis, with each of the Executive Directors of the multilateral development banks in which the United States participates. (b) Functions of officers Each procurement officer appointed under subsection (a) of this section shall assist the United States Executive Director with respect to whom such officer is appointed in promoting opportunities for exports of goods and services from the United States by doing the following: (1) Acting as the liaison between the business community and the multilateral development bank involved, whether or not the bank has offices in the United States. The Secretary of Commerce shall ensure that the procurement officer has access to, and disseminates to United States businesses, information relating to projects which are being proposed by the multilateral development bank, and bid specifications and deadlines for projects about to be developed by the bank. The procurement officer shall make special efforts to disseminate such information to small and medium-sized businesses interested in participating in such projects. The procurement officer shall explore opportunities for disseminating such information through private sector, nonprofit organizations. (2) Taking actions to assure that United States businesses are fully informed of bidding opportunities for projects for which loans have been made by the multilateral development bank involved. (3) Taking actions to assure that United States businesses can focus on projects in which they have a particular interest or competitive advantage, and to permit them to compete and have an equal opportunity in submitting timely and conforming bidding documents. -SOURCE- (Pub. L. 95-118, title XVIII, Sec. 1803, formerly Pub. L. 100-418, title II, Sec. 2302, Aug. 23, 1988, 102 Stat. 1341, redesignated Sec. 1803 of Pub. L. 95-118, and amended Pub. L. 101-240, title V, Sec. 541(b)(2), Dec. 19, 1989, 103 Stat. 2517.) -COD- CODIFICATION Section was formerly classified to section 4722 of Title 15, Commerce and Trade, prior to redesignation by Pub. L. 101-240. -MISC3- AMENDMENTS 1989 - Subsec. (c). Pub. L. 101-240 struck out subsec. (c) which defined 'multilateral development bank' for purposes of this section. -CROSS- DEFINITIONS The definitions in section 262r of this title apply to this section. ------DocID 28967 Document 1168 of 1400------ -CITE- 22 USC Sec. 276a-2 -EXPCITE- TITLE 22 CHAPTER 7 -HEAD- Sec. 276a-2. Conference of the Interparliamentary Union and all other parliamentary conferences; appointment of delegates from Senate; Chairman; Vice Chairman -STATUTE- Senate delegates to each conference of the Interparliamentary Union, and to all other parliamentary conferences, shall be designated by the President of the Senate upon recommendations of the majority and minority leaders of the Senate. Unless the President of the Senate, upon the recommendation of the majority leader, determines otherwise, the Chairman or Vice Chairman of the Senate delegation shall be a Member from the Foreign Relations Committee. Not fewer than two Senators designated to be in the Senate delegation to each conference of the Interparliamentary Union shall be members of the Committee on Foreign Relations. -SOURCE- (June 28, 1935, ch. 322, Sec. 4, as added June 15, 1977, Pub. L. 95-45, Sec. 4(d)(3), 91 Stat. 223.) ------DocID 28973 Document 1169 of 1400------ -CITE- 22 USC Sec. 276c-2 -EXPCITE- TITLE 22 CHAPTER 7 -HEAD- Sec. 276c-2. Employee benefits for United States citizen-representatives to International Monetary Fund, International Bank for Reconstruction and Development, European Bank for Reconstruction and Development, Inter-American Development Bank, Asian Development Bank, African Development Fund, African Development Bank, and Inter-American Investment Corporation; Treasury Department as collecting, accounting, and depositing agency for employee payments; contributions from appropriated funds -STATUTE- Notwithstanding the provisions of any other law, the Executive Directors and Directors and their alternates, representing the United States in the International Monetary Fund, the International Bank for Reconstruction and Development, the European Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Fund, the African Development Bank, and the Inter-American Investment Corporation, shall, if they are citizens of the United States, in the discretion of the Secretary of the Treasury, each be eligible on the basis of such service and the total compensation received therefor, for all employee benefits afforded employees in the civil service of the United States. The Treasury Department shall serve as the employing office for collecting, accounting for, and depositing in the Civil Service Retirement and Disability Fund, Employees Life Insurance Fund, and Employees Health Benefits Fund, all retirement and health insurance benefits payments made by these employees, and shall make any necessary agency contributions from funds appropriated to the Department of the Treasury. -SOURCE- (Pub. L. 91-599, ch. 5, Sec. 51, Dec. 30, 1970, 84 Stat. 1659; Pub. L. 95-612, Sec. 4, Nov. 8, 1978, 92 Stat. 3092; Pub. L. 97-35, title XIII, Sec. 1342(d), Aug. 13, 1981, 95 Stat. 743; Pub. L. 98-473, title I, Sec. 101(1) (title I), Oct. 12, 1984, 98 Stat. 1884, 1885; Pub. L. 101-513, title V, Sec. 562(c)(10)(C), Nov. 5, 1990, 104 Stat. 2036.) -COD- CODIFICATION Amendment by Pub. L. 98-473 is based on section 211(b) of title II of S. 2416, Ninety-eighth Congress, as introduced in the Senate on Mar. 13, 1984, which was enacted into permanent law by Pub. L. 98-473. -MISC3- AMENDMENTS 1990 - Pub. L. 101-513 inserted 'the European Bank for Reconstruction and Development,' before 'the Inter-American Development Bank,'. 1984 - Pub. L. 98-473 inserted reference to the Inter-American Investment Corporation. 1981 - Pub. L. 97-35 inserted reference to the African Development Bank. 1978 - Pub. L. 95-612 prescribed requirement of citizenship to be eligible for employee benefits, extended the benefits to representatives to the African Development Fund, substituted provision for contributions from appropriated funds for prior provision for contributions from the fund established under section 822a(a) of title 31, and struck out provision making section effective Dec. 14, 1966. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section 1372 of Pub. L. 97-35, set out as an Effective Date note under section 290i of this title. EFFECTIVE DATE OF 1978 AMENDMENT Section 7 of Pub. L. 95-612 provided that: 'This Act (amending this section, section 5108 of Title 5, Government Organization and Employees, and section 822a of former Title 31, Money and Finance, and enacting provisions set out as a note under section 5108 of Title 5) shall take effect on October 1, 1978, or on such later date as funds are made available pursuant to appropriation Acts authorized by section 5 of this Act (authorizing appropriations of $24,000,000 for fiscal year 1979; not classified to the Code).' Section 7 of Pub. L. 95-612 was repealed as executed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1088, section 1 of which enacted Title 31, Money and Finance. ------DocID 28998 Document 1170 of 1400------ -CITE- 22 USC Sec. 277d-2 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-2. Construction and maintenance of roads, highways, etc.; housing and other facilities for personnel -STATUTE- The United States Commissioner is authorized to construct, equip, and operate and maintain all access roads, highways, railways, power lines, buildings, and facilities necessary in connection with any such project, and in his discretion to provide housing, subsistence, and medical and recreational facilities for the officers, agents, and employees of the United States, and/or for the contractors and their employees engaged in the construction, operation, and maintenance of any such project, and to make equitable charges therefor, or deductions from the salaries and wages due employees, or from progress payments due contractors, upon such terms and conditions as he may determine to be to the best interest of the United States, the sums of money so charged and collected or deducted to be credited to the appropriation for the project current at the time the obligations are incurred. -SOURCE- (Sept. 13, 1950, ch. 948, title I, Sec. 102, 64 Stat. 846.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 277d-5 of this title. ------DocID 29043 Document 1171 of 1400------ -CITE- 22 USC Sec. 277g-2 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277g-2. Consultation with Administrator of Environmental Protection Agency and other authorities -STATUTE- The Secretary of State shall consult with the Administrator of the Environmental Protection Agency and other concerned Federal, State, and local government officials in implementing sections 277g to 277g-3 of this title. -SOURCE- (Pub. L. 100-465, Sec. 4, Oct. 3, 1988, 102 Stat. 2273.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 277g of this title. ------DocID 29069 Document 1172 of 1400------ -CITE- 22 USC Sec. 281b-2 to 281j -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER X -HEAD- Sec. 281b-2 to 281j. Omitted -COD- CODIFICATION Sections 281b-2 to 281j of this title contained provisions relating to the Institute of Inter-American Affairs. The Institute was created pursuant to act Aug. 5, 1947, ch. 498, 61 Stat. 780. Section 3 of such act, as amended, provided that the Institute was to have succession until June 30, 1960. See Codification note set out under section 281 of this title. Section 281b-2, acts Aug. 26, 1954, ch. 937, title V, Sec. 544(a), 68 Stat. 862; Aug. 14, 1957, Pub. L. 85-141, Sec. 11(b)(1), 71 Stat. 365, authorized the Institute of Inter-American Affairs to make contracts for periods not to exceed five years, with the proviso that any contract extending beyond June 30, 1960, be made subject to termination by the Institute upon notice, and provided that the Institute, on and after July 1, 1954, be subject to the applicable provisions of the Budget and Accounting Act, 1921, as amended, in lieu of the provisions of the Government Corporation Control Act, as amended (31 U.S.C. 9101 et seq.). Section 281c, act Aug. 5, 1947, ch. 498, Sec. 4, 61 Stat. 782, provided for transfer of assets to United States Treasury upon termination of corporate life of Institute of Inter-American Affairs. Section 281d, act Aug. 5, 1947, ch. 498, Sec. 5, 61 Stat. 782, established a Board of Directors for Institute of Inter-American Affairs, and enumerated powers of Board. Section 281e, act Aug. 5, 1947, ch. 498, Sec. 6, 61 Stat. 782, provided that Institute of Inter-American Affairs be a nonprofit corporation, have no capital stock, and that no part of its revenue, earnings, or other income or property inure to benefit of its directors, officers, and employees. Section 281f, act Aug. 5, 1947, ch. 498, Sec. 7, 61 Stat. 782, authorized officers and employees of Institute of Inter-American Affairs to hold offices upon approval of Institute, with governments or governmental agencies of other American Republics. Section 281g, act Aug. 5, 1947, ch. 498, Sec. 8, 61 Stat. 782, authorized Secretary of State to detail employees of Department of State to Institute of Inter-American Affairs. Section 281h, act Aug. 5, 1947, ch. 498, Sec. 9, 61 Stat. 783, provided that principal office of Institute of Inter-American Affairs be located in District of Columbia, with branch offices any place in United States or other American Republics. Section 281i, act Aug. 5, 1947, ch. 498, Sec. 10, 61 Stat. 783, exempted Institute of Inter-American Affairs from taxation by any Federal, State, or local taxing authority. Section 281j, act Aug. 5, 1947, ch. 498, Sec. 11, 61 Stat. 783, reserved right to alter, amend or repeal provisions of sections 281 to 281b and 281c to 281l of this title, and set forth savings clause for such provisions. ------DocID 29115 Document 1173 of 1400------ -CITE- 22 USC Sec. 283z-2 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XII -HEAD- Sec. 283z-2. Contribution to Inter-American Development Bank; authorization of appropriations -STATUTE- (a) The United States Governor of the Bank is authorized on behalf of the United States to contribute to the Fund for Special Operations $70,000,000: Provided, however, That any commitment to make such contribution shall be made subject to obtaining the necessary appropriations. (b) In order to pay for a portion of the increase in the United States subscription to the capital stock of the Bank provided for in section 283z-1(a) of this title and for the United States contribution to the Fund for Special Operations provided for in this section, there are authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury, (1) $274,920,799 for the United States subscription, and (2) $70,000,000 for the United States contribution to the Fund for Special Operations: Provided, however, That no funds may be made available for such contribution to the Fund for Special Operations for the fiscal year 1982. -SOURCE- (Pub. L. 86-147, Sec. 30, as added Pub. L. 97-35, title XIII, Sec. 1351(a), Aug. 13, 1981, 95 Stat. 744.) -MISC1- EFFECTIVE DATE Section effective Aug. 13, 1981, except that any funds authorized to be appropriated shall not be available for use or obligation prior to Oct. 1, 1981, see section 1372 of Pub. L. 97-35, set out as a note under section 290i of this title. ------DocID 29185 Document 1174 of 1400------ -CITE- 22 USC Sec. 286b-1, 286b-2 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XV -HEAD- Sec. 286b-1, 286b-2. Repealed. Pub. L. 101-240, title V, Sec. 541(d)(1), (5), Dec. 19, 1989, 103 Stat. 2518 -MISC1- Section 286b-1, Pub. L. 91-599, ch. 3, Sec. 31, Dec. 30, 1970, 84 Stat. 1658, related to annual report to Congress of National Advisory Council on International Monetary and Financial Policies. Section 286b-2, act July 31, 1945, ch. 339, Sec. 50, as added Nov. 30, 1983, Pub. L. 98-181, title VIII, Sec. 813, 97 Stat. 1276, related to reports to Congress by National Advisory Council on International Monetary and Financial Policies and Secretary of the Treasury. ------DocID 29201 Document 1175 of 1400------ -CITE- 22 USC Sec. 286e-2 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XV -HEAD- Sec. 286e-2. Loans to Fund -STATUTE- (a) Limitation; balance of payments and reserve position considerations In order to carry out the purposes of the decisions of January 5, 1962, and February 24, 1983, as amended in accordance with their terms, of the Executive Directors of the International Monetary Fund, the Secretary of the Treasury is authorized to make loans, in an amount not to exceed the equivalent of 4,250,000,000 Special Drawing Rights, limited to such amounts as are provided in advance in appropriations Acts, except that prior to activation, the Secretary of the Treasury shall certify that supplementary resources are needed to forestall or cope with an impairment of the international monetary system and that the Fund has fully explored other means of funding, to the Fund under article VII, section 1(i), of the Articles of Agreement of the Fund. Any loan under the authority granted in this subsection shall be made with due regard to the present and prospective balance of payments and reserve position of the United States. (b) Authorization of appropriations; repayments available for loans to Fund For the purpose of making loans to the International Monetary Fund pursuant to this section, there is authorized to be appropriated 4,250,000,000 Special Drawing Rights, except that prior to activation, the Secretary of the Treasury shall certify whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and that the Fund has fully explored other means of funding, to remain available until expended to meet calls by the International Monetary Fund. Any payments made to the United States by the International Monetary Fund as a repayment on account of the principal of a loan made under this section shall continue to be available for loans to the International Monetary Fund. (c) Interest and charges covered into Treasury; additional authorization of appropriations for payment of charges for purchase of currencies or gold from Fund Payments of interest and charges to the United States on account of any loan to the International Monetary Fund shall be covered into the Treasury as miscellaneous receipts. In addition to the amount authorized in subsection (b) of this section, there is authorized to be appropriated such amounts as may be necessary for the payment of charges in connection with any purchases of currencies or gold by the United States from the International Monetary Fund. (d) Amendment to Executive Directors' decision prohibited; conditions Unless the Congress by law so authorizes, neither the President, the Secretary of the Treasury, nor any other person acting on behalf of the United States, may instruct the United States Executive Director to the Fund to consent to any amendment to the Decision of February 24, 1983, of the Executive Directors of the Fund, if the adoption of such amendment would significantly alter the amount, terms, or conditions of participation by the United States in the General Arrangements to Borrow. -SOURCE- (July 31, 1945, ch. 339, Sec. 17, as added June 19, 1962, Pub. L. 87-490, Sec. 1, 76 Stat. 105, and amended Oct. 19, 1976, Pub. L. 94-564, Sec. 4, 90 Stat. 2661; Nov. 30, 1983, Pub. L. 98-181, title VIII, Sec. 802(a)(1)-(3), 97 Stat. 1268.) -MISC1- AMENDMENTS 1983 - Subsec. (a). Pub. L. 98-181, Sec. 802(a)(1), substituted 'decisions of January 5, 1962, and February 24, 1983, as amended in accordance with their terms' for 'decision of January 5, 1962', and 'in an amount not to exceed the equivalent of 4,250,000,000 Special Drawing Rights, limited to such amounts as are provided in advance in appropriations Acts, except that prior to activation, the Secretary of the Treasury shall certify that supplementary resources are needed to forestall or cope with an impairment of the international monetary system and that the fund has fully explored other means of funding' for 'not to exceed $2,000,000,000 outstanding at any one time'. Subsec. (b). Pub. L. 98-181, Sec. 802(a)(2), substituted '4,250,000,000 Special Drawing Rights, except that prior to activation, the Secretary of the Treasury shall certify whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and that the Fund has fully explored other means of funding' for '$2,000,000,000'. Subsec. (d). Pub. L. 98-181, Sec. 802(a)(3), added subsec. (d). 1976 - Subsec. (a). Pub. L. 94-564 substituted 'section 1(i)' for 'section 2(i)'. EFFECTIVE DATE OF 1976 AMENDMENT Amendment effective Apr. 1, 1978, see section 9 of Pub. L. 94-564, set out as a note under section 286a of this title. ------DocID 29220 Document 1176 of 1400------ -CITE- 22 USC Sec. 286k-2 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XV -HEAD- Sec. 286k-2. Suspension of right of International Bank to issue securities under section 286k-1; report of Securities and Exchange Commission -STATUTE- The Securities and Exchange Commission acting in consultation with the National Advisory Council on International Monetary and Financial Problems is authorized to suspend the provisions of section 286k-1 (a) of this title at any time as to any or all securities issued or guaranteed by the bank during the period of such suspension. The Commission shall include in its annual reports to Congress such information as it shall deem advisable with regard to the operations and effect of this section, and section 286k-1 of this title and section 24 of title 12 and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission. -SOURCE- (June 29, 1949, ch. 276, Sec. 3, 63 Stat. 299.) -COD- CODIFICATION Section was not enacted as part of act July 31, 1945, ch. 339, 59 Stat. 512, known as the Bretton Woods Agreements Act, which comprises this subchapter. -TRANS- DELEGATION OF FUNCTIONS Functions of National Advisory Council on International Monetary and Financial Problems delegated to National Advisory Council on International Monetary and Financial Policies, see section 2(a) of Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, set out as a note under section 286b of this title. ------DocID 29281 Document 1177 of 1400------ -CITE- 22 USC Sec. 288f-2 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XVIII -HEAD- Sec. 288f-2. Organization of African Unity; extension of privileges, exemptions, and immunities -STATUTE- The provisions of this subchapter, may be extended to the Organization of African Unity and may continue to be extended to the International Labor Organization in the same manner, to the same extent, and subject to the same conditions, as they may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation. -SOURCE- (Dec. 29, 1945, ch. 652, title I, Sec. 12, as added Nov. 27, 1973, Pub. L. 93-161, 87 Stat. 635, and amended Aug. 15, 1979, Pub. L. 96-60, title IV, Sec. 404, 93 Stat. 403.) -MISC1- AMENDMENTS 1979 - Pub. L. 96-60 authorized continuation of extension of privileges and immunities provisions to International Labor Organization. -EXEC- EXECUTIVE ORDER For executive orders relating to extension of certain privileges, exemptions, and immunities to public international organizations, see notes set out under section 288 of this title. ------DocID 29305 Document 1178 of 1400------ -CITE- 22 USC Sec. 290g-2 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XXII -HEAD- Sec. 290g-2. Law governing reports to the President and the Congress -STATUTE- The provisions of section 286b of this title, shall apply with respect to the Fund to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund. -SOURCE- (Pub. L. 94-302, title II, Sec. 204, May 31, 1976, 90 Stat. 594; Pub. L. 101-240, title V, Sec. 541(e)(6), Dec. 19, 1989, 103 Stat. 2519.) -MISC1- AMENDMENTS 1989 - Pub. L. 101-240 struck out at end 'Reports with respect to the Fund under paragraphs (5) and (6) of section 286b(b) of this title, shall be included in the first report made thereunder after the United States accepts participation in the Fund.' ------DocID 29321 Document 1179 of 1400------ -CITE- 22 USC Sec. 290h-2 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XXIII -HEAD- Sec. 290h-2. Congressional declaration of purposes -STATUTE- (a) Purposes of Foundation In order to enable the people of African countries to develop their potential, fulfill their aspirations, and enjoy better, more productive lives, the purposes of the Foundation shall be - (1) to strengthen the bonds of friendship and understanding between the people of Africa and the United States; (2) to support self-help activities at the local level designed to enlarge opportunities for community development; (3) to stimulate and assist effective and expanding participation of Africans in their development process; and (4) to encourage the establishment and growth of development institutions which are indigenous to particular countries in Africa and which can respond to the requirements of the poor in those countries. (b) Implementation The Foundation shall carry out the purposes specified in subsection (a) of this section in cooperation with, and in response to, organizations indigenous to Africa which are representative of the needs and aspirations of the poor in Africa and, in carrying out such purposes, the Foundation shall, to the extent possible, coordinate its development assistance activities with the activities of the United States Government and private, regional, and international organizations. -SOURCE- (Pub. L. 96-533, title V, Sec. 504, Dec. 16, 1980, 94 Stat. 3152.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 290h-3 of this title. ------DocID 29332 Document 1180 of 1400------ -CITE- 22 USC Sec. 290i-2 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XXIV -HEAD- Sec. 290i-2. Director or Alternate Director; allowances -STATUTE- The Director or Alternate Director representing the United States, if citizens of the United States, may, in the discretion of the President, receive such compensation, allowances, and other benefits as, together with those received from the Bank and from the African Development Fund, may not exceed those authorized for a chief of mission under the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.). -SOURCE- (Pub. L. 97-35, title XIII, Sec. 1334, Aug. 13, 1981, 95 Stat. 741.) -REFTEXT- REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in text, is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is classified principally to chapter 52 (Sec. 3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables. -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R. 6087. ------DocID 29347 Document 1181 of 1400------ -CITE- 22 USC Sec. 290k-2 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XXVI -HEAD- Sec. 290k-2. Instructions for United States Director -STATUTE- Immediately after taking office and prior to the issuance by the Agency of its first guarantee, the United States Director of the Agency shall propose and actively seek the adoption by the Board of Directors of policies and procedures under which the Agency will not issue guarantees in respect of any proposed investment that would - (1) be in any country which has not taken or is not taking steps to afford internationally recognized workers' rights to workers in that country; (2) be subject to trade-distorting performance requirements imposed by the host country that are likely to result in a significant net reduction in - (A) employment in the United States or other member countries; or (B) other trade benefits likely to accrue to the United States or other member countries from the investment; or (3) increase a country's productive capacity in an industry already facing excess worldwide capacity for the same, similar or competing product, and cause substantial injury to producers of such product in another member country. -SOURCE- (Pub. L. 100-202, Sec. 101(e) (title I), Dec. 22, 1987, 101 Stat. 1329-131, 1329-134.) -COD- CODIFICATION Section is based on section 405 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100-202. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 290k-3 of this title. ------DocID 29360 Document 1182 of 1400------ -CITE- 22 USC Sec. 290l-2 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XXVII -HEAD- Sec. 290l-2. Applicability of certain provisions of Bretton Woods Agreements Act -STATUTE- Section 286b of this title shall apply to the Bank in the same manner in which such section applies to the International Bank for Reconstruction and Development and the International Monetary Fund. -SOURCE- (Pub. L. 101-513, title V, Sec. 562(c)(4), Nov. 5, 1990, 104 Stat. 2034.) -REFTEXT- REFERENCES IN TEXT The Bretton Woods Agreements Act, referred to in section catchline, is act July 31, 1945, ch. 339, 59 Stat. 512, as amended, which is classified principally to subchapter XV (Sec. 286 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 286 of this title and Tables. ------DocID 29618 Document 1183 of 1400------ -CITE- 22 USC Part 2 -EXPCITE- TITLE 22 CHAPTER 15 SUBCHAPTER I Part 2 -HEAD- Part 2 - Quotas ------DocID 29628 Document 1184 of 1400------ -CITE- 22 USC Part 2 -EXPCITE- TITLE 22 CHAPTER 15 SUBCHAPTER II Part 2 -HEAD- Part 2 - Customs Duties ------DocID 30082 Document 1185 of 1400------ -CITE- 22 USC Sec. 2151x-2 -EXPCITE- TITLE 22 CHAPTER 32 SUBCHAPTER I Part I -HEAD- Sec. 2151x-2. Assistance in furtherance of narcotics control objectives of United States -STATUTE- (a) Waiver of certain restrictions For the purpose of reducing dependence upon the production of crops from which narcotic and psychotropic drugs are derived, the President may provide economic assistance for a country which, because of its coca production, is a major illicit drug producing country (as defined in section 481(i)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(i)(2))) to promote the production, processing, or the marketing of products which can be economically produced in such country, notwithstanding the provisions of law described in subsection (b) of this section. (b) Description of restrictions waived The provisions of law made inapplicable by subsection (a) of this section are any other provisions of law that would otherwise restrict the use of economic assistance funds with respect to the production, processing, or marketing of agricultural commodities (or the products thereof) or other products, including sections 521, 546, and 547 (but excluding section 510) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, and comparable provisions of subsequent Acts appropriating funds for foreign operations, export financing, and related programs. (c) 'Economic assistance' defined As used in this section, the term 'economic assistance' means assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; relating to development assistance) and assistance under chapter 4 of part II of that Act (22 U.S.C. 2346 and following; relating to the economic support fund). -SOURCE- (Pub. L. 101-624, title XV, Sec. 1544, Nov. 28, 1990, 104 Stat. 3695.) -REFTEXT- REFERENCES IN TEXT The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, referred to in subsec. (b), is Pub. L. 101-167, Nov. 21, 1989, 103 Stat. 1195. Sections 510, 521, 546, and 547 of that Act are not classified to the Code. The Foreign Assistance Act of 1961, referred to in subsec. (c), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 are classified generally to part I (Sec. 2151 et seq.) of subchapter I and part IV (Sec. 2346 et seq.) of subchapter II, respectively, of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Agricultural Development and Trade Act of 1990, and also as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. ------DocID 30177 Document 1186 of 1400------ -CITE- 22 USC Sec. 2291-2 -EXPCITE- TITLE 22 CHAPTER 32 SUBCHAPTER I Part VIII -HEAD- Sec. 2291-2. Reporting on transfer of United States assets -STATUTE- (a) 15-day advance notification Any transfer by the United States Government to a foreign country for narcotics control purposes of any property seized by or otherwise forfeited to the United States Government in connection with narcotics-related activity shall be subject to the regular reprogramming procedures applicable under section 2394-1 of this title. (b) Annual reports Section 2291-3 of this title requires that all such transfers be reported annually to the Congress. -SOURCE- (Pub. L. 100-690, title IV, Sec. 4501, Nov. 18, 1988, 102 Stat. 4284.) -COD- CODIFICATION Section was enacted as part of the International Narcotics Control Act of 1988 and as part of the Anti-Drug Abuse Act of 1988, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. ------DocID 30268 Document 1187 of 1400------ -CITE- 22 USC Sec. 2349aa-2 -EXPCITE- TITLE 22 CHAPTER 32 SUBCHAPTER II Part VIII -HEAD- Sec. 2349aa-2. Specific authorities and limitations -STATUTE- (a) Services and commodities; reimbursement Notwithstanding section 2420 of this title, services and commodities may be granted for the purposes of this part to eligible foreign countries, subject to reimbursement of the value thereof (within the meaning of section 2403(m) of this title) pursuant to section 2392 of this title from funds available to carry out this part. (b) Services and commodities furnished by agency of United States Government; advance payment Whenever the President determines it to be consistent with and in furtherance of the purposes of this part, and on such terms and conditions consistent with this chapter as he may determine, any agency of the United States Government is authorized to furnish services and commodities, without charge to funds available to carry out this part, to an eligible foreign country, subject to payment in advance of the value thereof (within the meaning of section 2403(m) of this title) in United States dollars by the foreign country. Credits and the proceeds of guaranteed loans made available to such countries pursuant to the Arms Export Control Act (22 U.S.C. 2751 et seq.) shall not be used for such payments. Collections under this part shall be credited to the currently applicable appropriation, account, or fund of the agency providing such services and commodities and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used. (c) Consultation in development and implementation of assistance The Assistant Secretary of State for Human Rights and Humanitarian Affairs shall be consulted in the development and implementation of the antiterrorism assistance program under this part, including determinations of the foreign countries that will be furnished assistance under this part and determinations of the nature of assistance to be furnished to each such country. (d) Location for training and advice; law enforcement personnel training; availability of items on Munition List and services, personnel, etc., involved in collection of intelligence (1) Training services (including short term refresher training) provided pursuant to this part may be conducted outside the United States only if - (A) the training to be conducted outside the United States will be provided during a period of not more than 30 days; (B) such training relates to - (i) aviation security; (ii) crisis management; (iii) document screening techniques; (iv) facility security; (v) maritime security; (vi) VIP protection; or (vii) the handling of detector dogs, except that only short term refresher training may be provided under this clause; and (C) at least 15 days before such training is to begin, the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified in accordance with the procedures applicable to reprogramming notifications. (2) Personnel of the United States Government authorized to advise eligible foreign countries on antiterrorism matters shall carry out their responsibilities, to the maximum extent possible, within the United States. Such personnel may provide advice outside the United States on antiterrorism matters to eligible foreign countries for periods not to exceed 30 consecutive calendar days. (3)(A) Except as provided in subparagraph (B), employees of the Department of State shall not engage in the training of law enforcement personnel or the provision of services under this part. (B) Subparagraph (A) does not apply to training (including short term refresher training) or services provided to law enforcement personnel by employees of the Bureau of Diplomatic Security with regard to crisis management, facility security, or VIP protection. (4)(A) Articles on the United States Munitions List may be made available under this part only if - (i) they are small arms in category I (relating to firearms), ammunition in category III (relating to ammunition) for small arms in category I, articles in category IV(c) or VI(c) (relating to detection and handling of explosive devices), articles in category X (relating to protective personnel equipment), or articles in paragraph (b), (c), or (d) of category XIII (relating to speech privacy devices, underwater breathing apparatus and armor plating), and they are directly related to antiterrorism training under this part; (ii) the recipient country is not prohibited by law from receiving assistance under one or more of the following provisions: part II of this subchapter (relating to grant military assistance), part V of this subchapter (relating to international military education and training), or the Arms Export Control Act (22 U.S.C. 2751 et seq.) (relating to foreign military sales financing); and (iii) at least 15 days before the articles are made available to the foreign country, the President notifies the Committee on Foreign Affairs of the House of Representatives and Committee on Foreign Relations of the Senate of the proposed transfer, in accordance with the procedures applicable to reprogramming notifications pursuant to section 2394-1 of this title. (B) The value (in terms of original acquisition cost) of all equipment and commodities provided under subsection (a) of this section in any fiscal year may not exceed 25 percent of the funds made available to carry out this part for that fiscal year. (C) No shock batons or similar devices may be provided under this part. (5) Assistance under this part shall not include provision of services, equipment, personnel, or facilities involved in the collection of intelligence as defined in Executive Order 12333 of December 4, 1981, other than limited training in the organization of intelligence for antiterrorism purposes. (e) Information exchange activities This part does not apply to information exchange activities conducted by agencies of the United States Government under other authority for such purposes. (f) Personnel compensation or benefits Funds made available to carry out this part may not be used for personnel compensation or benefits. -SOURCE- (Pub. L. 87-195, pt. II, Sec. 573, as added Pub. L. 98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972, and amended Pub. L. 99-83, title V, Sec. 501(b), (c), Aug. 8, 1985, 99 Stat. 220; Pub. L. 99-399, title V, Sec. 507, Aug. 27, 1986, 100 Stat. 873; Pub. L. 101-604, title II, Sec. 213(b), Nov. 16, 1990, 104 Stat. 3086.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original 'this Act', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. The Arms Export Control Act, referred to in subsecs. (b) and (d)(4)(A)(ii), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified principally to chapter 39 (Sec. 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. Executive Order 12333 of December 4, 1981, referred to in subsec. (d)(5), is set out as a note under section 401 of Title 50, War and National Defense. -COD- CODIFICATION Section 573 of Pub. L. 87-195 is based on section 201 of title II of H.R. 2992, Ninety-eighth Congress, as reported May 17, 1983, and enacted into law by Pub. L. 98-151. -MISC3- AMENDMENTS 1990 - Subsec. (d)(1) to (3). Pub. L. 101-604 added pars. (1) to (3) and struck out former pars. (1) to (3) which read as follows: '(1) Training services provided pursuant to this part shall not be conducted outside the United States. '(2) Personnel of the United States Government authorized to advise eligible foreign countries on antiterrorism matters shall carry out their responsibilities, to the maximum extent possible, within the United States. Such personnel may provide advice outside the United States on antiterrorism matters to eligible foreign countries for periods not to exceed thirty consecutive calendar days. '(3) Employees of the Department of State shall not engage in the training of law enforcement personnel or provision of services under this part, except that employees of the Office of Security of the Department of State may provide training and services to law enforcement personnel for the physical protection of internationally protected persons and related facilities.' 1986 - Subsec. (d)(4). Pub. L. 99-399, in amending par. (4) generally, included articles in category X and articles in par. (b), (c), or (d) of category XIII as articles on the United States Munitions List which could be made available, struck out availability of articles only for fiscal years 1986 and 1987, substituted provision that the value in any fiscal year not exceed 25 percent of the funds available to carry out this part for that fiscal year for provision that the value not exceed $325,000 in fiscal year 1986 or 1987, and provided that no shock batons or similar devices be provided under this part. 1985 - Subsec. (d)(4). Pub. L. 99-83, Sec. 501(b), in amending par. (4) generally, designated existing provisions as subpar. (A), inserted provisions excepting subpar. (B), and added subpars. (B) and (C). Subsec. (f). Pub. L. 99-83, Sec. 501(c), added subsec. (f). EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99-83, set out as a note under section 2151-1 of this title. -TRANS- DELEGATION OF FUNCTIONS Functions of President under this part delegated to Secretary of State, to be exercised consistent with subsec. (d)(3) of this section, by section 1-201(a)(23) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56674, as amended, set out as a note under section 2381 of this title. ------DocID 30768 Document 1188 of 1400------ -CITE- 22 USC Part 2 -EXPCITE- TITLE 22 CHAPTER 51 SUBCHAPTER I Part 2 -HEAD- Part 2 - Employees ------DocID 30870 Document 1189 of 1400------ -CITE- 22 USC Part 2 -EXPCITE- TITLE 22 CHAPTER 51 SUBCHAPTER II Part 2 -HEAD- Part 2 - Courts ------DocID 30881 Document 1190 of 1400------ -CITE- 22 USC Part 2 -EXPCITE- TITLE 22 CHAPTER 51 SUBCHAPTER III Part 2 -HEAD- Part 2 - Administration ------DocID 31432 Document 1191 of 1400------ -CITE- 23 USC CHAPTER 2 -EXPCITE- TITLE 23 CHAPTER 2 -HEAD- CHAPTER 2 - OTHER HIGHWAYS -MISC1- Sec. 201. Authorizations. 202. Allocations. 203. Availability of funds. 204. Federal lands highways program. 205. Forest development roads and trails. 206. Repealed. 207. Repealed. 208. Repealed. 209. Repealed. 210. Defense access roads. (211. Repealed.) 212. Inter-American Highway. (213. Repealed.) 214. Public lands development roads and trails. 215. Territories highway development program. (FOOTNOTE 1) 216. Darien Gap Highway. 217. Bicycle transportation and pedestrian walkways. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 218. Alaska Highway. (219. Repealed.) AMENDMENTS 1987 - Pub. L. 100-17, title I, Sec. 133(e)(1), Apr. 2, 1987, 101 Stat. 173, struck out items 211 'Timber access road hearings', 213 'Rama Road', and 219 'Safer of off-system roads'. 1983 - Pub. L. 97-424, title I, Sec. 126(e)(1), Jan. 6, 1983, 96 Stat. 2115, substituted 'Allocations' for 'Apportionment for allocation' in item 202. Pub. L. 97-424, title I, Sec. 126(e)(2), Jan. 6, 1983, 96 Stat. 2115, substituted 'Federal lands highways programs' for 'Forest highways' in item 204. Pub. L. 97-424, title I, Sec. 126(e)(3), Jan. 6, 1983, 96 Stat. 2116, substituted 'Repealed' in items 206 through 209 which read 'Park roads and trails', 'Parkways', 'Indian reservation roads', 'Public lands highways', respectively. 1976 - Pub. L. 94-280, title I, Sec. 135(b), May 5, 1976, 90 Stat. 442, substituted item 219 'Safer of off-system roads' for 'Off-system roads'. 1975 - Pub. L. 93-643, Sec. 122(b), Jan. 4, 1975, 88 Stat. 2290, added item 219. 1973 - Pub. L. 93-87, title I, Sec. 124(b), 127(a)(2), Aug. 13, 1973, 87 Stat. 262, 264, added items 217 and 218. 1970 - Pub. L. 91-605, title I, Sec. 112(b), 113(b), Dec. 31, 1970, 84 Stat. 1721, 1722, added items 215 and 216. 1962 - Pub. L. 87-866, Sec. 6(c), Oct. 23, 1962, 76 Stat. 1147, added item 214. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 101, 317 of this title. ------DocID 31489 Document 1192 of 1400------ -CITE- 24 USC Sec. 1, 2 -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 1, 2. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 1, acts Mar. 3, 1875, ch. 156, Sec. 3, 18 Stat. 485; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, defined seamen. See section 201 of Title 42, The Public Health and Welfare. Section 2, R.S. Sec. 4801, provided for acceptance of gifts in aid of marine hospitals. See section 219 of Title 42. RENUMBERING OF REPEALING ACT Section 611 of act July 1, 1944, which repealed these sections, was renumbered 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049, 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47, 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720, 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919, 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931, 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506, 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. ------DocID 31515 Document 1193 of 1400------ -CITE- 24 USC CHAPTER 2 -EXPCITE- TITLE 24 CHAPTER 2 -HEAD- CHAPTER 2 - SOLDIERS' AND AIRMEN'S HOME ------DocID 31669 Document 1194 of 1400------ -CITE- 25 USC Sec. 2 -EXPCITE- TITLE 25 CHAPTER 1 -HEAD- Sec. 2. Duties of Commissioner -STATUTE- The Commissioner of Indian Affairs shall, under the direction of the Secretary of the Interior, and agreeably to such regulations as the President may prescribe, have the management of all Indian affairs and of all matters arising out of Indian relations. -SOURCE- (R.S. Sec. 463.) -COD- CODIFICATION R.S. Sec. 463 derived from acts July 9, 1832, ch. 174, Sec. 1, 4 Stat. 564; July 27, 1868, ch. 259, Sec. 1, 15 Stat. 228. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. All supervisory and appellate powers and duties in regard to Indian affairs theretofore vested in Secretary of the Treasury were thereafter to be exercised and performed by Secretary of the Interior under provisions of section 1 of act July 27, 1868, ch. 259, 15 Stat. 228. Appointment by President of a Commissioner of Indian Affairs to act under direction of Secretary of War was provided for by section 1 of act July 9, 1832, ch. 174, 4 Stat. 564. ------DocID 31688 Document 1195 of 1400------ -CITE- 25 USC Sec. 13d-2 -EXPCITE- TITLE 25 CHAPTER 1 -HEAD- Sec. 13d-2. Enrollment and general assistance payments -STATUTE- (a) In general The Secretary of the Interior shall not disqualify from continued receipt of general assistance payments from the Bureau of Indian Affairs an otherwise eligible Indian for whom the Bureau has been making general assistance payments for at least 3 months (or exclude such an individual from continued consideration in determining the amount of general assistance payments for a household) because the individual is enrolled (and is making satisfactory progress toward completion of a program or training that can reasonably be expected to lead to gainful employment) for at least half-time study or training in - (1) a college assisted by the Bureau under the Tribally Controlled Community College Assistance Act of 1978 (92 Stat. 1325; 25 U.S.C. 1801) or the Navajo Community College Act (85 Stat. 645; 25 U.S.C. 640a); (2) an institution of higher education or a vocational school (as defined for purposes of any program of assistance to students under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)); (3) a course the Secretary determines will lead to a high school diploma or an equivalent certificate; or (4) other programs or training approved by the Secretary. (b) Factors not to be considered In determining the amount of general assistance provided by the Bureau of Indian Affairs, the Secretary of the Interior shall not include consideration of - (1) additional expenses in connection with the study or training described in subsection (a) of this section, and (2) the amount of any financial assistance received by the individual as a student or trainee. (c) No effect on other eligibility requirements This section does not alter any eligibility requirement for general assistance from the Bureau of Indian Affairs other than the requirement to be available for employment and to seek employment. -SOURCE- (Pub. L. 100-297, title V, Sec. 5404, Apr. 28, 1988, 102 Stat. 416.) -REFTEXT- REFERENCES IN TEXT The Tribally Controlled Community College Assistance Act of 1978, referred to in subsec. (a)(1), is Pub. L. 95-471, Oct. 17, 1978, 92 Stat. 1325, as amended, which is classified principally to chapter 20 (Sec. 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. The Navajo Community College Act, referred to in subsec. (a)(1), is Pub. L. 92-189, Dec. 15, 1971, 85 Stat. 646, as amended, which is classified to section 640a et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 640a of this title and Tables. The Higher Education Act of 1965, referred to in subsec. (a)(2), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is classified principally to chapter 28 (Sec. 1001 et seq.) 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. -MISC2- EFFECTIVE DATE For effective date and applicability of section, see section 6303 of Pub. L. 100-297, set out as a note under section 2701 of Title 20, Education. ------DocID 31696 Document 1196 of 1400------ -CITE- 25 USC CHAPTER 2 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- CHAPTER 2 - OFFICERS OF INDIAN AFFAIRS -MISC1- Sec. 21 to 24. Repealed or Omitted. 25. Superintendent for Five Civilized Tribes. 25a. Application of civil service laws. 26 to 32. Repealed or Omitted. 33. Superintendents in charge of reservations; administration of oath of office. 34, 35. Repealed. 36. Special agents and other officers to administer oaths. 37 to 39. Repealed. 40. Limits of superintendencies, agencies, and subagencies. 41. Special agents and commissioners. 41a. Indian inspectors. 42. Repealed. 43. Persons paid for other services not paid for interpreting. 44. Employment of Indians. 45. Preference to Indians qualified for duties. 46. Preference to Indians in employment of clerical, mechanical, and other help. 47. Employment of Indian labor and purchase of products of Indian industry. 47a. Security required by Secretary; contracts with Indian-owned economic enterprise; public work. 48. Right of tribes to direct employment of persons engaged for them. 49 to 52a. Repealed. 53. Disbursing officers; acting clerks. 54, 55. Repealed. 56. Quarters, fuel, and light for employees. 57. Omitted. 58. Limitation on number and kind of employment. 59. Transfer of funds for payment of employees; details for other service. 60. Compensation prescribed to be in full. 61. Estimates for personal services in Indian Office. 62. Discontinuance and transfer of agencies. 63. Consolidation of agencies. 64. Services of agents dispensed with. 65. Discontinuance of agents, subagents, and interpreters. 66. Duties of agency devolved on superintendent of Indian school. 67 to 68a. Repealed. ------DocID 31741 Document 1197 of 1400------ -CITE- 25 USC Sec. 70 to 70n-2 -EXPCITE- TITLE 25 CHAPTER 2A -HEAD- Sec. 70 to 70n-2. Omitted -COD- CODIFICATION The Indian Claims Commission terminated on Sept. 30, 1978, pursuant to section 70v of this title. Section 70, act Aug. 13, 1946, ch. 959, Sec. 1, 60 Stat. 1049, established Indian Claims Commission. Section 70a, acts Aug. 13, 1946, ch. 959, Sec. 2, 60 Stat. 1050; Oct. 27, 1974, Pub. L. 93-494, Sec. 2, 88 Stat. 1499, related to jurisdiction of claims considered by Commission. Section 70b, acts Aug. 13, 1946, ch. 959, Sec. 3, 60 Stat. 1050; Apr. 10, 1967, Pub. L. 90-9, Sec. 2, 3, 81 Stat. 11; Oct. 12, 1978, Pub. L. 95-453, 92 Stat. 1110, related to members of Commission. Section 70c, act Aug. 13, 1946, ch. 959, Sec. 4, 60 Stat. 1051, related to staff and oath of Commission. Section 70d, act Aug. 13, 1946, ch. 959, Sec. 5, 60 Stat. 1051, related to principal office of Commission. Section 70e, acts Aug. 13, 1946, ch. 959, Sec. 6, 60 Stat. 1051; Apr. 10, 1967, Pub. L. 90-9, Sec. 4, 81 Stat. 11; Mar. 30, 1972, Pub. L. 92-265, Sec. 5, 86 Stat. 115, related to itemized vouchers and authorized appropriations for Commission. Section 70f, act Aug. 13, 1946, ch. 959, Sec. 7, 60 Stat. 1051, related to time of meetings of Commission. Section 70g, act Aug. 13, 1946, ch. 959, Sec. 8, 60 Stat. 1051, related to record of proceedings and public inspection of records of Commission. Section 70h, act Aug. 13, 1946, ch. 959, Sec. 9, 60 Stat. 1051, related to control of procedure of Commission. Section 70i, act Aug. 13, 1946, ch. 959, Sec. 10, 60 Stat. 1052, related to presentation of claims before Commission. Section 70j, act Aug. 13, 1946, ch. 959, Sec. 11, 60 Stat. 1052, related to forbidden transfer of suits in Court of Claims under prior Acts and offsets and counterclaims before Commission. Section 70k, act Aug. 13, 1946, ch. 959, Sec. 12, 60 Stat. 1052, related to limitation of time for presenting claims before Commission. Section 70l, act Aug. 13, 1946, ch. 959, Sec. 13, 60 Stat. 1052, related to notice to tribes, investigation of claims, and availability of data by Commission. Section 70m, act Aug. 13, 1946, ch. 959, Sec. 14, 60 Stat. 1052, related to information from governmental departments and official records as evidence before Commission. Section 70n, act Aug. 13, 1946, ch. 959, Sec. 15, 60 Stat. 1053, related to attorneys of claimants and representation of United States by Attorney General before Commission. Section 70n-1, Pub. L. 88-168, Sec. 1, Nov. 4, 1963, 77 Stat. 301; Pub. L. 89-592, Sept. 19, 1966, 80 Stat. 814; Pub. L. 93-37, Sec. 2, May 24, 1973, 87 Stat. 73, related to revolving fund for expert assistance for preparation and trial of claims before Commission. Section 70n-2, Pub. L. 88-168, Sec. 2, Nov. 4, 1963, 77 Stat. 301, related to inability of applicants to pay for assistance required and denial of loans in cases of unreasonable fees. -MISC3- INDIAN SELF-DETERMINATION CONFLICT OF INTEREST REQUIREMENT INAPPLICABLE TO COMMISSIONER NOT IN OFFICE Section 1 of Pub. L. 95-453 provided in part that section 105(j) of the Indian Self-Determination Act (section 450i(f) of this title) was not to apply to members of the Indian Claims Commission affected by Pub. L. 95-453 (which amended subsec. (c) of section 70b of this title). ------DocID 32089 Document 1198 of 1400------ -CITE- 25 USC Sec. 403a-2 -EXPCITE- TITLE 25 CHAPTER 12 -HEAD- Sec. 403a-2. Acquisition, management, and disposal of lands by Tulalip Tribe -STATUTE- (a) Termination of Federal trust and restrictions on alienation Notwithstanding the provisions of the constitution and charter of the Tulalip Tribes of the Tulalip Reservation, any lands that are held by the United States in trust for the Tulalip Tribes, or that are subject to a restriction against alienation or taxation imposed by the United States, or that are on and after June 18, 1956, acquired by the Tulalip Tribes, may be sold by the Tulalip Tribes, with the consent of the Secretary of the Interior, on such terms and conditions as the Tulalip board of directors may prescribe, and such sale shall terminate the Federal trust or restrictions against alienation or taxation of the land; except that the trust or restricted status of said lands may be retained, upon approval of the Secretary of the Interior, in any sale thereof to any member of the Tulalip Tribes. (b) Lands in trust The Secretary of the Interior may accept any transfer of title from the Tulalip Tribes for any land or fractional interest in land within the boundaries of the Tulalip Reservation, and take title to such land in the name of the United States in trust for the Tulalip Tribes, and such lands shall not be subject to taxation. (c) Mortgages The Tulalip Tribes may, with the approval of the Secretary of the Interior, execute mortgages or deeds of trust to land, the title to which is held by the Tulalip Tribes or by the United States in trust for the Tulalip Tribes. Such land shall be subject to foreclosure and sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the State of Washington. For the purpose of any foreclosure or sale proceeding, the Tulalip Tribes shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the foreclosure or sale proceeding, and any conveyance of the land pursuant to the foreclosure or sale proceeding shall divest the United States of title to the land. Title to any land redeemed or acquired by the Tulalip Tribes at such foreclosure or sale proceeding shall be taken in the name of the United States in trust for the tribes. Title to any land purchased by an individual Indian member of the Tulalip Tribes at such foreclosure sale or proceeding may, with the consent of the Secretary of the Interior, be taken in the name of the United States in trust for the individual Indian purchaser. (d) Moneys or credits Any moneys or credits received or credited to the Tulalip Tribes from the sale, exchange, mortgage, or granting of any security interest in any tribal land may be used for any tribal purpose. -SOURCE- (June 18, 1956, ch. 400, Sec. 2, 70 Stat. 290; June 2, 1970, Pub. L. 91-274, Sec. 1, 84 Stat. 301.) -MISC1- AMENDMENTS 1970 - Pub. L. 91-274 designated existing provisions as subsec. (a), substituted the Tulalip Tribes for the Tulalip Board of Directors as the agency authorized to sell tribal lands, provided for the continuance of the trust or restricted status of such lands where the purchaser thereof is any member of the Tulalip Tribes, and struck out proviso that the proceeds from the sale of tribal lands acquired otherwise than by purchase be deposited in the U.S. Treasury to the credit of the Tulalip Tribes, and added subsecs. (b) to (d). ------DocID 32300 Document 1199 of 1400------ -CITE- 25 USC Sec. 564w-2 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER XIII -HEAD- Sec. 564w-2. Federal acquisition of tribal land -STATUTE- (a) Condemnation authority The Secretary of Agriculture is authorized and directed to acquire by condemnation all of the Klamath Indian forest lands which the trustee for the Klamath Indian Tribe is required to sell by the terms of its trust agreement, and the lands so acquired shall become a part of the Winema National Forest. (b) Initiation of action; authorization of appropriations The condemnation action may be initiated either before or after the lands are offered for sale by the trustee, and for the purpose of carrying out the provisions of this section, there is hereby authorized to be appropriated not to exceed $70,000,000. (c) Applicability of homesite provisions The homesite provisions of section 564w-1(g) of this title shall apply to the lands acquired by the Secretary pursuant to this subchapter. -SOURCE- (Aug. 13, 1954, ch. 732, Sec. 29, as added Aug. 16, 1973, Pub. L. 93-102, 87 Stat. 349.) ------DocID 32397 Document 1200 of 1400------ -CITE- 25 USC Sec. 640c-2 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER XXI -HEAD- Sec. 640c-2. Effect on other laws -STATUTE- (a) Except as specifically provided by law, eligibility for assistance under sections 640a to 640c-3 of this title shall not, by itself, preclude the eligibility of the Navajo Community College to receive Federal financial assistance under any program authorized under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions. (b) Notwithstanding any other provision of law, funds provided under sections 640a to 640c-3 of this title to the Navajo Community College may be treated as non-Federal, private funds of the College for purposes of any provision of Federal law which requires that non-Federal or private funds of the college be used in a project or for a specific purpose. -SOURCE- (Pub. L. 92-189, Sec. 6, as added Pub. L. 96-374, title XIII, Sec. 1351(c), Oct. 3, 1980, 94 Stat. 1501, and amended Pub. L. 100-297, title V, Sec. 5403(b), Apr. 28, 1988, 102 Stat. 416.) -REFTEXT- REFERENCES IN TEXT The Higher Education Act of 1965, referred to in subsec. (a), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is classified principally to chapter 28 (Sec. 1001 et seq.) 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. -COD- CODIFICATION Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64 Stat. 44, which comprises this subchapter. -MISC3- AMENDMENTS 1988 - Pub. L. 100-297 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 1988 AMENDMENT For effective date and applicability of amendment by Pub. L. 100-297, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of Title 20, Education. EFFECTIVE DATE Section effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96-374, set out as an Effective Date of 1980 Amendment note under section 1001 of Title 20, Education. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13d-2, 640a, 640c-1, 640c-3, 1812, 1851 of this title; title 20 sections 1085, 2471, 3489. ------DocID 32402 Document 1201 of 1400------ -CITE- 25 USC Sec. 640d-2 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER XXII -HEAD- Sec. 640d-2. Implementation of agreements -STATUTE- (a) Full agreement If, within one hundred and eighty days after the first session scheduled by the Mediator under section 640d-1(c) of this title, full agreement is reached, such agreement shall be put in such form as the Mediator determines best expresses the intent of the tribes and shall then be submitted to the Secretary and the Attorney General of the United States for their comments as they relate to the interest of the United States in the proceedings. These comments are to be submitted to the Mediator and the negotiating teams within thirty days. The negotiating teams and the Mediator shall then consider the comments and, if agreement can still be reached on terms acceptable to the negotiating teams and the Mediator within sixty days of receipt by him of the comments, the agreement shall be put in final written form and shall be signed by the members of the negotiating teams and the Mediator. The Mediator shall then cause the agreement to be entered into the records of the supplemental proceedings in the Healing case. The provisions of the agreement shall be reviewed by the District Court, modified where necessary, and put into effect immediately thereafter. (b) Partial agreement If, within the one hundred and eighty day period referred to in subsection (a) of this section, a partial agreement has been reached between the tribes and they wish such partial agreement to go into effect, they shall follow the procedure set forth in subsection (a) of this section. The partial agreement shall then be considered by the Mediator in preparing his report, and the District Court in making a final adjudication, pursuant to section 640d-3 of this title. (c) Consistency with existing law For the purpose of this section, the negotiating teams may make any provision in the agreement or partial agreement not inconsistent with existing law. No such agreement or any provision in it shall result in a taking by the United States of private property compensable under the Fifth Amendment of the Constitution of the United States. -SOURCE- (Pub. L. 93-531, Sec. 3, Dec. 22, 1974, 88 Stat. 1713.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 640d, 640d-3, 640d-4, 640d-5, 640d-9, 640d-13, 640d-14, 640d-15, 640d-17, 640d-18 of this title. ------DocID 32911 Document 1202 of 1400------ -CITE- 25 USC Sec. 1300a-2 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXII -HEAD- Sec. 1300a-2. Apportionment of funds; advances, expenditures, investments, or reinvestments; utilization of funds for Payson Band -STATUTE- Upon completion and approval of the rolls as provided in section 1300a-1 of this title, the balance of the funds not set aside pursuant to section 1300a of this title shall be apportioned among the cited groups in section 1300a-1 of this title on the basis of the number of enrollees in each group. The funds so apportioned shall be redeposited in the Treasury of the United States to the credit of the respective groups and may be advanced, expended, invested, or reinvested in any manner authorized by the governing bodies and approved by the Secretary. All funds so accruing to the Payson Band pursuant to section 1300a of this title shall be utilized pursuant to a plan agreed upon between the governing body elected by the Payson Indian community or by the members thereof at a meeting called in accordance with the rules prescribed by the Secretary of the Interior. -SOURCE- (Pub. L. 92-461, Sec. 4, Oct. 6, 1972, 86 Stat. 769.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1300a of this title. ------DocID 32917 Document 1203 of 1400------ -CITE- 25 USC Sec. 1300b-2 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXIII -HEAD- Sec. 1300b-2. Approval of plans for use of money after submission to Congressional committees -STATUTE- The Secretary of the Interior shall approve no plans for the use of the money specified in section 1300b-1(b) of this title for the Kickapoo Tribes of Kansas and Oklahoma until at least thirty days after the plans have been submitted by the Secretary to the Committees on Interior and Insular Affairs of the Senate and House of Representatives. -SOURCE- (Pub. L. 92-467, Sec. 3, Oct. 6, 1972, 86 Stat. 781.) -CHANGE- CHANGE OF NAME Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the 'Committee System Reorganization Amendments of 1977'), approved Feb. 4, 1977. ------DocID 32931 Document 1204 of 1400------ -CITE- 25 USC Sec. 1300c-2 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXIV -HEAD- Sec. 1300c-2. Membership roll; preparation; tribal constitutional requirements -STATUTE- The Secretary of the Interior, in cooperation with the Tribal Council, shall prepare a roll of all persons born on or prior to and living on October 6, 1972, who meet the requirements for membership of the Yankton Sioux tribal constitution approved on October 5, 1932, as amended. -SOURCE- (Pub. L. 92-468, Sec. 3, Oct. 6, 1972, 86 Stat. 782.) ------DocID 32938 Document 1205 of 1400------ -CITE- 25 USC Sec. 1300d-2 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXV -HEAD- Sec. 1300d-2. Apportionment of funds; deposit in United States Treasury; per capita shares; advances, deposits, expenditures, investments, or reinvestments for approved purposes -STATUTE- After deducting the amounts authorized in section 1300d of this title, the funds derived from the judgment awarded the Indian Claims Commission dockets numbered 360, 361, 362, 363, and one-half of the amount awarded in docket numbered 359, plus accrued interest, shall be apportioned on the basis of the rolls prepared pursuant to section 1300d-1 of this title. An amount equivalent to the proportionate shares of those persons who are members of the Flandreau Santee Sioux Tribe of South Dakota, the Santee Sioux Tribe of Nebraska, the Lower Sioux Indian Community, the Prairie Island Indian Community, and the Shakopee Mdewakanton Sioux Community shall be placed on deposit in the United States Treasury to the credit of the respective groups. Eighty per centum of such funds on deposit to the credit of the Flandreau Santee Sioux Tribe of South Dakota and the Santee Sioux Tribe of Nebraska shall be distributed per capita to such tribal members, and the remainder may be advanced, deposited, expended, invested, or reinvested for any purpose designated by the respective tribal governing bodies and approved by the Secretary of the Interior. One hundred per centum of such funds on deposit to the credit of the Lower Sioux Indian Community, the Prairie Island Indian Community, and the Shakopee Mdewakanton Sioux Community shall be distributed per capita of such tribal members: Provided, That none of the funds may be paid per capita to any person whose name does not appear on the rolls prepared pursuant to section 1300d-1 of this title. The shares of enrollees who are not members of such groups shall be paid per capita. -SOURCE- (Pub. L. 92-555, title I, Sec. 102, Oct. 25, 1972, 86 Stat. 1168.) -REFTEXT- REFERENCES IN TEXT The Indian Claims Commission, referred to in text, terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. -COD- CODIFICATION Reference in proviso to 'section 1300d-1 of this title' was substituted for 'section 2 of this Act' as the probable intent of Congress. ------DocID 32949 Document 1206 of 1400------ -CITE- 25 USC Sec. 1300e-2 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXVI -HEAD- Sec. 1300e-2. Expenditure of withheld funds for certain salaries and expenses; additional per capita distributions -STATUTE- Upon agreement by the Fort Peck Assiniboine Tribe and the Fort Peck Sioux Tribe on the amount each agrees to contribute from the award to each tribe in Indian Claims Commission docket numbered 279-A, the agreed contribution of the Fort Peck Assiniboine Tribe shall be withdrawn from the $50,000, and interest thereon, withheld from per capita distribution pursuant to section 1300e-1 of this title, and shall be credited to the joint account for expenditure pursuant to the Act of June 29, 1954 (68 Stat. 329): Provided, That upon request of the Fort Peck Assiniboine Tribe the Secretary of the Interior in his discretion may distribute all or part of the aforesaid $50,000 and interest thereon per capita to each person eligible under section 1300e-1 of this title. -SOURCE- (Pub. L. 92-557, Sec. 3, Oct. 25, 1972, 86 Stat. 1171.) -REFTEXT- REFERENCES IN TEXT The Indian Claims Commission, referred to in text, terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. Act of June 29, 1954, referred to in text, is act June 29, 1954, ch. 421, 68 Stat. 329, which was not classified to the Code. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1300e-1 of this title. ------DocID 32958 Document 1207 of 1400------ -CITE- 25 USC Sec. 1300f-2 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXVII -HEAD- Sec. 1300f-2. Membership of Tribe -STATUTE- For the purposes of section 1300f of this title, membership of the Pascua Yaqui Tribe shall consist of - (A) the members of the Pascua Yaqui Association, Incorporated, as of September 18, 1978, who apply for enrollment in the Pascua Yaqui Tribe within one year from September 18, 1978 pursuant to the membership criteria and procedures provided for in the official governing documents of the Pascua Yaqui Tribe; (B) all those persons of Yaqui blood who are citizens of the United States and who, within two years from September 18, 1978, apply for, and are admitted to, membership in the Association pursuant to article VII of the Articles of Incorporation of the Association; and (C) direct lineal descendants of such persons, subject to any further qualifications as may be provided by the Tribe in its constitution and bylaws or other governing documents. -SOURCE- (Pub. L. 95-375, Sec. 3, Sept. 18, 1978, 92 Stat. 712.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1300f of this title. ------DocID 32962 Document 1208 of 1400------ -CITE- 25 USC Sec. 1300g-2 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXVIII -HEAD- Sec. 1300g-2. Restoration of Federal trust relationship; Federal services and assistance -STATUTE- (a) Federal trust relationship The Federal trust relationship between the United States and the tribe is hereby restored. The Act of June 18, 1934 (48 Stat. 984), as amended (25 U.S.C. 461 et seq.), and all laws and rules of law of the United States of general application to Indians, to nations, tribes, or bands of Indians, or to Indian reservations which are not inconsistent with any specific provision contained in this subchapter shall apply to the members of the tribe, the tribe, and the reservation. (b) Restoration of rights and privileges All rights and privileges of the tribe and members of the tribe under any Federal treaty, statute, Executive order, agreement, or under any other authority of the United States which may have been diminished or lost under the Tiwa Indians Act are hereby restored. (c) Federal services and benefits Notwithstanding any other provision of law, the tribe and the members of the tribe shall be eligible, on and after August 18, 1987, for all benefits and services furnished to federally recognized Indian tribes. (d) Effect on property rights and other obligations Except as otherwise specifically provided in this subchapter, the enactment of this subchapter shall not affect any property right or obligation or any contractual right or obligation in existence before August 18, 1987, or any obligation for taxes levied before August 18, 1987. -SOURCE- (Pub. L. 100-89, title I, Sec. 103, Aug. 18, 1987, 101 Stat. 667.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in subsec. (a), popularly known as the Indian Reorganization Act, is classified generally to subchapter V (Sec. 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. The Tiwa Indians Act, referred to in subsec. (b), is Pub. L. 90-287, Apr. 12, 1968, 82 Stat. 93, which was not classified to the Code and was repealed by section 1300g-5 of this title. ------DocID 32971 Document 1209 of 1400------ -CITE- 25 USC Sec. 1300h-2 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXIX -HEAD- Sec. 1300h-2. Federal trust relationship -STATUTE- (a) The Federal recognition of the Band and the trust relationship between the United States and the Band is hereby reaffirmed. The Act of June 18, 1934 (48 Stat. 984), as amended (25 U.S.C. 461 et seq.), and all laws and rules of law of the United States of general application to Indians, Indian tribes, or Indian reservations which are not inconsistent with this subchapter shall apply to the members of the Band, and the reservation. The Band is hereby recognized as an independent tribal entity, separate from the Keweenaw Bay Indian Community or any other tribe. (b) The Band and its members are eligible for all special programs and services provided by the United States to Indians because of their status as Indians. -SOURCE- (Pub. L. 100-420, Sec. 4, Sept. 8, 1988, 102 Stat. 1577.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in subsec. (a), popularly known as the Indian Reorganization Act, is classified generally to subchapter V (Sec. 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. ------DocID 32981 Document 1210 of 1400------ -CITE- 25 USC Sec. 1300i-2 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXX -HEAD- Sec. 1300i-2. Preservation of Short cases -STATUTE- Nothing in this subchapter shall affect, in any manner, the entitlement established under decisions of the United States Claims Court in the Short cases or any final judgment which may be rendered in those cases. -SOURCE- (Pub. L. 100-580, Sec. 3, Oct. 31, 1988, 102 Stat. 2927.) ------DocID 33521 Document 1211 of 1400------ -CITE- 26 USC Sec. 2 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART I -HEAD- Sec. 2. Definitions and special rules -STATUTE- (a) Definition of surviving spouse (1) In general For purposes of section 1, the term 'surviving spouse' means a taxpayer - (A) whose spouse died during either of his two taxable years immediately preceding the taxable year, and (B) who maintains as his home a household which constitutes for the taxable year the principal place of abode (as a member of such household) of a dependent (i) who (within the meaning of section 152) is a son, stepson, daughter, or stepdaughter of the taxpayer, and (ii) with respect to whom the taxpayer is entitled to a deduction for the taxable year under section 151. For purposes of this paragraph, an individual shall be considered as maintaining a household only if over half of the cost of maintaining the household during the taxable year is furnished by such individual. (2) Limitations Notwithstanding paragraph (1), for purposes of section 1 a taxpayer shall not be considered to be a surviving spouse - (A) if the taxpayer has remarried at any time before the close of the taxable year, or (B) unless, for the taxpayer's taxable year during which his spouse died, a joint return could have been made under the provisions of section 6013 (without regard to subsection (a)(3) thereof). (3) Special rule where deceased spouse was in missing status If an individual was in a missing status (within the meaning of section 6013(f)(3)) as a result of service in a combat zone (as determined for purposes of section 112) and if such individual remains in such status until the date referred to in subparagraph (A) or (B), then, for purposes of paragraph (1)(A), the date on which such individual died shall be treated as the earlier of the date determined under subparagraph (A) or the date determined under subparagraph (B): (A) the date on which the determination is made under section 556 of title 37 of the United States Code or under section 5566 of title 5 of such Code (whichever is applicable) that such individual died while in such missing status, or (B) except in the case of the combat zone designated for purposes of the Vietnam conflict, the date which is 2 years after the date designated under section 112 as the date of termination of combatant activities in that zone. (b) Definition of head of household (1) In general For purposes of this subtitle, an individual shall be considered a head of a household if, and only if, such individual is not married at the close of his taxable year, is not a surviving spouse (as defined in subsection (a)), and either - (A) maintains as his home a household which constitutes for more than one-half of such taxable year the principal place of abode, as a member of such household, of - (i) a son, stepson, daughter, or stepdaughter of the taxpayer, or a descendant of a son or daughter of the taxpayer, but if such son, stepson, daughter, stepdaughter, or descendant is married at the close of the taxpayer's taxable year, only if the taxpayer is entitled to a deduction for the taxable year for such person under section 151 (or would be so entitled but for paragraph (2) or (4) of section 152(e)), or (ii) any other person who is a dependent of the taxpayer, if the taxpayer is entitled to a deduction for the taxable year for such person under section 151, or (B) maintains a household which constitutes for such taxable year the principal place of abode of the father or mother of the taxpayer, if the taxpayer is entitled to a deduction for the taxable year for such father or mother under section 151. For purposes of this paragraph, an individual shall be considered as maintaining a household only if over half of the cost of maintaining the household during the taxable year is furnished by such individual. (2) Determination of status For purposes of this subsection - (A) a legally adopted child of a person shall be considered a child of such person by blood; (B) an individual who is legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married; (C) a taxpayer shall be considered as not married at the close of his taxable year if at any time during the taxable year his spouse is a nonresident alien; and (D) a taxpayer shall be considered as married at the close of his taxable year if his spouse (other than a spouse described in subparagraph (C)) died during the taxable year. (3) Limitations Notwithstanding paragraph (1), for purposes of this subtitle a taxpayer shall not be considered to be a head of a household - (A) if at any time during the taxable year he is a nonresident alien; or (B) by reason of an individual who would not be a dependent for the taxable year but for - (i) paragraph (9) of section 152(a), or (ii) subsection (c) of section 152. (c) Certain married individuals living apart For purposes of this part, an individual shall be treated as not married at the close of the taxable year if such individual is so treated under the provisions of section 7703(b). (d) Nonresident aliens In the case of a nonresident alien individual, the taxes imposed by sections 1 and 55 shall apply only as provided by section 871 or 877. (e) Cross reference For definition of taxable income, see section 63. -SOURCE- (Aug. 16, 1954, ch. 736, 68A Stat. 8; Feb. 26, 1964, Pub. L. 88-272, title I, Sec. 112(b), 78 Stat. 24; Dec. 30, 1969, Pub. L. 91-172, title VIII, Sec. 803(b), 83 Stat. 682; Jan. 2, 1975, Pub. L. 93-597, Sec. 3(b), 88 Stat. 1951; Oct. 4, 1976, Pub. L. 94-455, title XIX, Sec. 1901(a)(1), (b)(9), 90 Stat. 1764, 1795; Oct. 20, 1976, Pub. L. 94-569, Sec. 3(a), 90 Stat. 2699; Jan. 12, 1983, Pub. L. 97-448, title III, Sec. 307(a), 96 Stat. 2407; July 18, 1984, Pub. L. 98-369, div. A, title IV, Sec. 423(c)(2), 98 Stat. 801; Oct. 22, 1986, Pub. L. 99-514, title XIII, Sec. 1301(j)(10), title XVII, Sec. 1708(a)(1), 100 Stat. 2658, 2782; Nov. 10, 1988, Pub. L. 100-647, title I, Sec. 1007(g)(13)(A), 102 Stat. 3436.) -MISC1- AMENDMENTS 1988 - Subsec. (d). Pub. L. 100-647 substituted 'the taxes imposed by sections 1 and 55' for 'the tax imposed by section 1'. 1986 - Subsec. (a)(3)(B). Pub. L. 99-514, Sec. 1708(a)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 'the date which is - '(i) December 31, 1982, in the case of service in the combat zone designated for purposes of the Vietnam conflict, or '(ii) 2 years after the date designated under section 112 as the date of termination of combatant activities in that zone, in the case of any combat zone other than that referred to in clause (i).' Subsec. (c). Pub. L. 99-514, Sec. 1301(j)(10), substituted 'section 7703(b)' for 'section 143(b)'. 1984 - Subsec. (b)(1)(A). Pub. L. 98-369, Sec. 423(c)(2)(A), substituted 'which constitutes for more than one-half of such taxable year' for 'which constitutes for such taxable year'. Subsec. (b)(1)(A)(i). Pub. L. 98-369, Sec. 423(c)(2)(B), inserted '(or would be so entitled but for paragraph (2) or (4) of section 152(e))'. 1983 - Subsec. (a)(3)(B)(i). Pub. L. 97-448 substituted 'December 31, 1982' for 'January 2, 1978'. 1976 - Subsec. (a)(3)(B). Pub. L. 94-569 substituted 'the date which is' for 'the date which is 2 years after' in provisions preceding cl. (i), substituted 'January 2, 1978' for 'the date of the enactment of this paragraph' in cl. (i), and substituted '2 years after the date' for 'the date' in cl. (ii). Subsec. (b)(3)(B)(ii). Pub. L. 94-455, Sec. 1901(b)(9), redesignated cl. (iii) as (ii) and struck out former cl. (ii) which provided that an individual who was a dependent solely by reason of par. (10) of section 152(a) would not be considered as a head of a household. Subsec. (c). Pub. L. 94-455, Sec. 1901(a)(1), substituted 'shall be treated as not married at the close of the taxable year' for 'shall not be considered as married'. 1975 - Subsec. (a)(3). Pub. L. 93-597 added par. (3). 1969 - Subsec. (a). Pub. L. 91-172 redesignated subsec. (b) as (a). See sec. 1(a) of this title. Subsec. (b). Pub. L. 91-172 redesignated provisions of former section 1(b)(2) to (4) of this title as subsec. (b). Former subsec. (b) redesignated (a), with minor changes. Subsec. (c). Pub. L. 91-172 added subsec. (c). Subsec. (d). Pub. L. 91-172 redesignated as subsec. (d) provisions of former section 1(d) with minor changes. Subsec. (e). Pub. L. 91-172 redesignated as subsec. (e) provisions of former section 1(e). 1964 - Subsec. (a). Pub. L. 88-272 inserted reference to section 141. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1301(j)(10) of Pub. L. 99-514 applicable to bonds issued after Aug. 15, 1986, except as otherwise provided, see setions 1311 to 1318 of Pub. L. 99-514, set out as an Effective Date; Transitional Rules note under section 141 of this title. Section 1708(b) of Pub. L. 99-514 provided that: 'The amendments made by this section (amending this section and sections 692, 6013, and 7508 of this title) shall apply to taxable years beginning after December 31, 1982.' EFFECTIVE DATE OF 1984 AMENDMENT Section 423(d) of Pub. L. 98-369 provided that: 'The amendments made by this section (amending this section and sections 43, 44A, 105, 143, 152, and 213 of this title) shall apply to taxable years beginning after December 31, 1984.' EFFECTIVE DATE OF 1976 AMENDMENT Section 1901(d) of Pub. L. 94-455 provided that: 'Except as otherwise expressly provided in this section, the amendments made by this section (see Tables for classification) shall apply with respect to taxable years beginning after December 31, 1976. The amendments made by subsections (a)(29) and (b)(10) shall apply with respect to taxable years ending after the date of the enactment of this Act (Oct. 4, 1976).' EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-597 applicable to taxable years ending on or after Feb. 28, 1961, see section 3(c) of Pub. L. 93-597, set out as a note under section 6013 of this title. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-172 applicable to taxable years beginning after Dec. 31, 1970, except that subsec. (c) is applicable to taxable years beginning after Dec. 31, 1969, see section 803(f) of Pub. L. 91-172, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-272, except for purposes of section 21 of this title, effective with respect to taxable years beginning after Dec. 31, 1963, see section 131 of Pub. L. 88-272, set out as a note under section 1 of this title. -CROSS- CROSS REFERENCES Joint returns of income tax by husband and wife, see section 6013 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1, 32, 55, 63, 151, 3402, 6012, 6013 of this title; title 20 sections 1070a-1, 1070a-3, 1070a-4, 1070a-6, 1087nn, 1087oo, 1087qq; title 38 section 503. ------DocID 34451 Document 1212 of 1400------ -CITE- 26 USC CHAPTER 2 -EXPCITE- TITLE 26 Subtitle A CHAPTER 2 -HEAD- CHAPTER 2 - TAX ON SELF-EMPLOYMENT INCOME -MISC1- Sec. 1401. Rate of tax. 1402. Definitions. 1403. Miscellaneous provisions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 162, 416, 1016, 5041, 6017, 6103, 6414, 6511, 6521, 6654, 7651, 7655, 7701, 7851 of this title; title 42 sections 401, 405, 408, 1307; title 48 sections 1421h, 1421i. ------DocID 35903 Document 1213 of 1400------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 2 -EXPCITE- TITLE 26 APPENDIX TITLE I -HEAD- Rule 2. Effective Date -STATUTE- (a) Adoption: These Rules, except as otherwise provided, will take effect on July 1, 1990. They govern all proceedings and cases commenced after they take effect, and also all further proceedings in cases then pending, except to the extent that in the opinion of the Court their application, in a particular case pending when the Rules take effect, would not be feasible or would work injustice, in which event the former procedure applies. (b) Amendments: Amendments to these Rules shall state their effective date. Amendments shall likewise govern all proceedings both in cases pending on or commenced after their effective date, except to the extent otherwise provided, and subject to the further exception provided in paragraph (a) of this Rule. ------DocID 36085 Document 1214 of 1400------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Form 2 -EXPCITE- TITLE 26 APPENDIX TITLE XXVI -HEAD- Form 2. Petition (Small tax case) *** ILLUSTRATIONS OR TABLE DATA OMITTED *** -STATUTE- SAVE PAGE FOR ILLUSTRATION ------DocID 36109 Document 1215 of 1400------ -CITE- 27 USC CHAPTER 2 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES -MISC1- This chapter, comprising sections 11 to 64, in large measure became inoperative by the adoption of the 21st Amendment to the Constitution. See note preceding sections 1 to 5 of this title. Repeal of provisions of this title affecting District of Columbia, Puerto Rico, Virgin Islands, Hawaii and Alaska, see note preceding sections 1 to 5 of this title. ------DocID 36165 Document 1216 of 1400------ -CITE- 28 USC Sec. 2 -EXPCITE- TITLE 28 PART I CHAPTER 1 -HEAD- Sec. 2. Terms of court -STATUTE- The Supreme Court shall hold at the seat of government a term of court commencing on the first Monday in October of each year and may hold such adjourned or special terms as may be necessary. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 869.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 338 (Mar. 3, 1911, ch. 231, Sec. 230, 36 Stat. 1156; Sept. 6, 1916, ch. 448, Sec. 1, 39 Stat. 726). Minor changes in phraseology were made. -CROSS- RULES OF THE SUPREME COURT Term, see rule 3, Appendix to this title. CROSS REFERENCES Courts always open, see section 452 of this title. Official station of Supreme Court Justices, see section 456 of this title. Seat of the Government, see chapter 3 of Title 4, Flag and Seal, Seat of Government, and the States. ------DocID 36974 Document 1217 of 1400------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 2 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE I -HEAD- Rule 2. Suspension of rules -STATUTE- In the interest of expediting decision, or for other good cause shown, a court of appeals may, except as otherwise provided in Rule 26(b), suspend the requirements or provisions of any of these rules in a particular case on application of a party or on its own motion and may order proceedings in accordance with its direction. -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES The primary purpose of this rule is to make clear the power of the courts of appeals to expedite the determination of cases of pressing concern to the public or to the litigants by prescribing a time schedule other than that provided by the rules. The rule also contains a general authorization to the courts to relieve litigants of the consequences of default where manifest injustice would otherwise result. Rule 26(b) prohibits a court of appeals from extending the time for taking appeal or seeking review. -CROSS- CROSS REFERENCES Injunction, power of appellate court to suspend, modify or grant pending appeal, see Rule 62, Federal Rules of Civil Procedure, this Appendix. ------DocID 37033 Document 1218 of 1400------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Form 2 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE APPENDIX OF FORMS -HEAD- Form 2. Notice of Appeal to a Court of Appeals From a Decision of the Tax Court (FOOTNOTE 1) -STATUTE- TAX COURT OF THE UNITED STATES WASHINGTON, D.C. A. B., Petitioner v. Commissioner of Internal Revenue, Docket No.XXXX Respondent NOTICE OF APPEAL Notice is hereby given that A. B. hereby appeals to the United States Court of Appeals for the XXXXXXXX Circuit from (that part of) the decision of this court entered in the above captioned proceeding on the XXXX day of XXXXXX, 19X (relating to XXXXXX). --------------------------------------------------------------------- --------------------------------------------------------------------- (s)XXXXXXXXXXX XXXXXXXXXXXXX (Address) Counsel for A. B. ------------------------------- (FOOTNOTE 1) The name of the Tax Court of the United States has been changed to United States Tax Court by Pub. L. 91-172, Sec. 951, Dec. 30, 1969, 83 Stat. 730 (26 U.S.C. Sec. 7441). ------DocID 37040 Document 1219 of 1400------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 2 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE I -HEAD- Rule 2. One Form of Action -STATUTE- There shall be one form of action to be known as 'civil action.' -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES 1. This rule modifies U.S.C., Title 28, (former) Sec. 384 (Suits in equity, when not sustainable). U.S.C., Title 28, Sec. 723 and 730 (see 2071 et seq.) (conferring power on the Supreme Court to make rules of practice in equity), are unaffected insofar as they relate to the rule making power in admiralty. These sections, together with Sec. 723b (see 2072) (Rules in actions at law; Supreme Court authorized to make) are continued insofar as they are not inconsistent with Sec. 723c (see 2072) (Union of equity and action at law rules; power of Supreme Court). See Note 3 to Rule 1. U.S.C., Title 28, (former) Sec. 724 (Conformity act), 397 (Amendments to pleadings when case brought to wrong side of court) and 398 (Equitable defenses and equitable relief in actions at law) are superseded. 2. Reference to actions at law or suits in equity in all statutes should now be treated as referring to the civil action prescribed in these rules. 3. This rule follows in substance the usual introductory statements to code practices which provide for a single action and mode of procedure, with abolition of forms of action and procedural distinctions. Representative statutes are N.Y. Code 1848 (Laws 1848, ch. 379) Sec. 62; N.Y.C.P.A. (1937) Sec. 8; Calif.Code Civ.Proc. (Deering, 1937) Sec. 307; 2 Minn.Stat. (Mason, 1927) Sec. 9164; 2 Wash.Rev.Stat.Ann. (Remington, 1932) Sec. 153, 255. -CROSS- CROSS REFERENCES Injunctions, see rule 65. Joinder of claims and remedies, see rule 18. Receivers, see rule 66. ------DocID 37066 Document 1220 of 1400------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 23.2 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE IV -HEAD- Rule 23.2. Actions Relating to Unincorporated Associations -STATUTE- An action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties may be maintained only if it appears that the representative parties will fairly and adequately protect the interests of the association and its members. In the conduct of the action the court may make appropriate orders corresponding with those described in Rule 23(d), and the procedure for dismissal or compromise of the action shall correspond with that provided in Rule 23(e). -SOURCE- (Added Feb. 28, 1966, eff. July 1, 1966.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Although an action by or against representatives of the membership of an unincorporated association has often been viewed as a class action, the real or main purpose of this characterization has been to give 'entity treatment' to the association when for formal reasons it cannot sue or be sued as a jural person under Rule 17(b). See Louisell & Hazard, Pleading and Procedure: State and Federal 718 (1962); 3 Moore's Federal Practice, par. 23.08 (2d ed. 1963); Story, J. in West v. Randall, 29 Fed.Cas. 718, 722-23, No. 17,424 (C.C.D.R.I. 1820); and, for examples, Gibbs v. Buck, 307 U.S. 66 (1939); Tunstall v. Brotherhood of Locomotive F. & E., 148 F.2d 403 (4th Cir. 1945); Oskoian v. Canuel, 269 F.2d 311 (1st Cir. 1959). Rule 23.2 deals separately with these actions, referring where appropriate to Rule 23. ------DocID 37142 Document 1221 of 1400------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 2 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 2. Allegation of Jurisdiction -STATUTE- (a) Jurisdiction founded on diversity of citizenship and amount. Plaintiff is a (citizen of the State of Connecticut) (FOOTNOTE 1) (corporation incorporated under the laws of the State of Connecticut having its principal place of business in the State of Connecticut) and defendant is a corporation incorporated under the laws of the State of New York having its principal place of business in a State other than the State of Connecticut. The matter in controversy exceeds, exclusive of interest and costs, the sum of ten thousand dollars. (b) Jurisdiction founded on the existence of a Federal question and amount in controversy. The action arises under (the Constitution of the United States, Article XX, Section XX); (the XXXAmendment to the Constitution of the United States, Section XXX); (the Act of XXX, XXX Stat. XXX; U.S.C., Title XXX, Sec. XXX); (the Treaty of the United States (here describe the treaty)), (FOOTNOTE 2) as hereinafter more fully appears. The matter in controversy exceeds, exclusive of interest and costs, the sum of ten thousand dollars. (c) Jurisdiction founded on the existence of a question arising under particular statutes. The action arises under the Act of XXX, XXX Stat. XXX; U.S.C., Title XXX, Sec. XXX, as hereinafter more fully appears. (d) Jurisdiction founded on the admiralty or maritime character of the claim. This is a case of admiralty and maritime jurisdiction, as hereinafter more fully appears. (If the pleader wishes to invoke the distinctively maritime procedures referred to in Rule 9(h), add the following or its substantial equivalent: This is an admiralty or maritime claim within the meaning of Rule 9(h).) (FOOTNOTE 1) Form for natural person. (FOOTNOTE 2) Use the appropriate phrase or phrases. The general allegation of the existence of a Federal question is ineffective unless the matters constituting the claim for relief as set forth in the complaint raise a Federal question. -SOURCE- (As amended Apr. 17, 1961, eff. July 19, 1961; Feb. 28, 1966, eff. July 1, 1966.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES 1. Diversity of Citizenship. If the plaintiff is an assignee, he should allege such other facts of citizenship as will show that he is entitled to prosecute his action under U.S.C., Title 28, Sec. 41(1) (now 1332). 2. Jurisdiction Founded on Some Fact Other Than Diversity of Citizenship. The allegation as to the matter in controversy may be omitted in any case where by law no jurisdictional amount is required. See for example, U.S.C., Title 28, Sec. 41(2)-(28) (now 1333 to 1340, 1343, 1344, 1346, 1348, 1350, 1351, 1353, 1355 to 1357). 3. Pleading Venue. Since improper venue is an affirmative dilatory defense, it is not necessary for plaintiff to include allegations showing the venue to be proper. 4. It is sufficient to allege that a corporation is incorporated in a particular state, there being, for jurisdictional purposes, a conclusive presumption that all of its members or stockholders are citizens of that State, Marshall v. Baltimore and Ohio R.R.. Co., 1853, 16 How. 314; Henderson, Position of Foreign Corporations in American Constitutional Law (1918) 54-64. NOTES OF ADVISORY COMMITTEE ON RULES - 1961 AMENDMENT 1. Diversity of citizenship. U.S.C., Title 28, Sec. 1332 (Diversity of citizenship; amount in controversy; costs), as amended by P.L. 85-554, 72 Stat. 415, July 25, 1958, states in subsection (c) that 'For the purposes of this section and section 1441 of this title (removable actions), a corporation shall be deemed a citizen of any State by which it has been incorporated and of the State where it has its principal place of business.' Thus if the defendant corporation in Form 2(a) had its principal place of business in Connecticut, diversity of citizenship would not exist. An allegation regarding the principal place of business of each corporate party must be made in addition to an allegation regarding its place of incorporation. 2. Jurisdictional amount. U.S.C., Title 28, Sec. 1331 (Federal question; amount in controversy; costs) and Sec. 1332 (Diversity of citizenship; amount in controversy; costs), as amended by P.L. 85-554, 72 Stat. 415, July 25, 1958, require that the amount in controversy, exclusive of interest and costs, be in excess of $10,000. The allegation as to the amount in controversy may be omitted in any case where by law no jurisdictional amount is required. See, for example, U.S.C., Title 28, Sec. 1338 (Patents, copyrights, trade-marks, and unfair competition), Sec. 1343 (Civil rights and elective franchise). 3. Pleading venue. Since improper venue is a matter of defense, it is not necessary for plaintiff to include allegations showing the venue to be proper. See 1 Moore's Federal practice, par. 0.140 (1.-4) (2d ed. 1959). NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT Since the Civil Rules have not heretofore been applicable to proceedings in Admiralty (Rule 81(a)(1)), Form 2 naturally has not contained a provision for invoking the admiralty jurisdiction. The form has never purported to be comprehensive, as making provision for all possible grounds of jurisdiction; but a provision for invoking the admiralty jurisdiction is particularly appropriate as an incident of unification. Certain distinctive features of the admiralty practice must be preserved in unification, just as certain distinctive characteristics of equity were preserved in the merger of law and equity in 1938. Rule 9(h) provides the device whereby, after unification, with its abolition of the distinction between civil actions and suits in admiralty, the pleader may indicate his choice of the distinctively maritime procedures, and designates those features that are preserved. This form illustrates an appropriate way in which the pleader may invoke those procedures. Use of this device is not necessary if the claim is cognizable only by virtue of the admiralty and maritime jurisdiction, nor if the claim is within the exclusive admiralty jurisdiction of the district court. Omission of a statement such as this from the pleading indicates the pleader's choice that the action proceed as a conventional civil action, if this is jurisdictionally possible, without the distinctive maritime remedies and procedures. It should be remembered, however, that Rule 9(h) provides that a pleading may be amended to add or withdraw such an identifying statement subject to the principles stated in Rule 15. ------DocID 37263 Document 1222 of 1400------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 2 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART I -HEAD- Rule 2. Library -STATUTE- .1. The Court's library is available for use by appropriate personnel of this Court, members of the Bar of this Court, Members of Congress and their legal staffs, and attorneys for the United States, its departments and agencies. .2. The library will be open during such times as the reasonable needs of the Bar may require. Its operation shall be governed by regulations made by the Librarian with the approval of the Chief Justice or the Court. .3. Library books may not be removed from the building, except by a Justice or a member of a Justice's legal staff. -CROSS- CROSS REFERENCES Appointment, compensation, and duties of Supreme Court Librarian, see section 674 of this title. Law Library of Congress - Purchase of books under direction of Chief Justice, see section 135 of Title 2, The Congress. Use and regulation by Supreme Court Justices, see section 137 of Title 2. ------DocID 37321 Document 1223 of 1400------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 2 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE I -HEAD- Rule 2. One Form of Action -STATUTE- There shall be one form of action to be known as a 'civil action.' ------DocID 37395 Document 1224 of 1400------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 77.2 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE X -HEAD- Rule 77.2. Clerk Authorized To Act on Certain Motions -STATUTE- (a) Motions Enumerated. Any motion for enlargement of time to answer or respond to the complaint, for substitution of counsel, for the permanent withdrawal of papers or exhibits theretofore filed by the parties, or for waiver of duplication requirements, which requires action by the court, may be acted upon by the clerk of the court if (1) the motion states that opposing counsel has no objection, (2) no opposition to the motion has been timely filed, or (3) opposing counsel files a consent. (b) Maximum Time Allowable. In acting on motions for enlargement of time under subdivision (a) of this rule, the total enlargement of time allowed by the clerk with respect to any matter shall not exceed 30 days. (c) Denial of Motions for Enlargement. The clerk may deny forthwith a motion requesting an enlargement of time if it requires action by the court, and fails to comply with the provisions of Rule 6(b); provided, that the denial shall state specifically that it is without prejudice to the filing, within 10 days after service of such denial, of a renewed motion for enlargement complying with the provisions of Rule 6(b). (d) Review by the Court. Any action taken under this rule may be suspended, altered, or rescinded by the court for cause shown or sua sponte. ------DocID 37406 Document 1225 of 1400------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 83.2 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE XI -HEAD- Rule 83.2. Time for Filing -STATUTE- (a) Responses and Objections. Unless otherwise provided in these rules or by order of the court, responses or objections to written motions shall be filed within 14 days after service of the motion. (b) Replies. Replies to responses or objections shall be filed within 7 days after service of the response or objection. (c) Motions Under Rules 12(b), 12(c) and 56. Responses to these motions shall be filed within 28 days after service of the motion and replies thereto within 14 days of the service of the response. (d) Leave of Court. If the subject filing is pursuant to leave of court on motion by a party, time for any response runs from date of filing and not date of service. (e) Cross-motions. Where the responding party files a cross-motion, it shall be contained in the same document as the response to the original motion; the response to the cross-motion shall be contained in the same document as the reply subject to page limitations in Rule 83.1(b)(2). Where a cross-motion is filed, the parties shall have the same times to respond and to reply to the cross-motion as to an original motion. (f) Reconsideration of Orders. A motion for reconsideration of an order shall be filed not later than 10 days after the date thereof. No response may be filed to a motion for rehearing or reconsideration. However, the court will not rule in favor of such a motion without first requesting by order a response to it. ------DocID 37426 Document 1226 of 1400------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 2 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE I -HEAD- Rule 2. One Form of Action -STATUTE- There shall be one form of action to be known as a 'civil action.' (FOOTNOTE 1) (FOOTNOTE 1) Designation of Certain Pre-October 1, 1970 Actions. The following designations shall apply to actions arising prior to October 1, 1970: (1) Appeal for Reappraisement: An action arising pursuant to section 501 or 516(a) of the Tariff Act of 1930 (19 U.S.C. 1501 or 1516), as effective prior to October 1, 1970, and forwarded to the court pursuant to section 501 or 516(c) of said Act, shall be known as an appeal for reappraisement. (2) Protest: An action arising pursuant to section 514 or 516(b) of the Tariff Act of 1930 (19 U.S.C. 1514 or 1516), as effective prior to October 1, 1970, and forwarded to the court pursuant to section 515 or 516(c) of that Act (19 U.S.C. 1515 or 1516) shall be known as a protest. ------DocID 37536 Document 1227 of 1400------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Form 2 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE APPENDIX OF FORMS -HEAD- Form 2 *** ILLUSTRATIONS OR TABLE DATA OMITTED *** -STATUTE- SAVE PAGE FOR ILLUSTRATION ------DocID 37537 Document 1228 of 1400------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Form 2 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE APPENDIX OF FORMS -HEAD- Form 2 *** ILLUSTRATIONS OR TABLE DATA OMITTED *** -STATUTE- SAVE PAGE FOR ILLUSTRATION ------DocID 37567 Document 1229 of 1400------ -CITE- 29 USC Sec. 2 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 2. Collection, collation, and reports of labor statistics -STATUTE- The Bureau of Labor Statistics, under the direction of the Secretary of Labor, shall collect, collate, and report at least once each year, or oftener if necessary, full and complete statistics of the conditions of labor and the products and distribution of the products of the same, and to this end said Secretary shall have power to employ any or either of the bureaus provided for his department and to rearrange such statistical work, and to distribute or consolidate the same as may be deemed desirable in the public interests; and said Secretary shall also have authority to call upon other departments of the Government for statistical data and results obtained by them; and said Secretary of Labor may collate, arrange, and publish such statistical information so obtained in such manner as to him may seem wise. The Bureau of Labor Statistics shall also collect, collate, report, and publish at least once each month full and complete statistics of the volume of and changes in employment, as indicated by the number of persons employed, the total wages paid, and the total hours of employment, in the service of the Federal Government, the States and political subdivisions thereof, and in the following industries and their principal branches: (1) Manufacturing; (2) mining, quarrying, and crude petroleum production; (3) building construction; (4) agriculture and lumbering; (5) transportation, communication, and other public utilities; (6) the retail and wholesale trades; and such other industries as the Secretary of Labor may deem it in the public interest to include. Such statistics shall be reported for all such industries and their principal branches throughout the United States and also by States and/or Federal reserve districts and by such smaller geographical subdivisions as the said Secretary may from time to time prescribe. The said Secretary is authorized to arrange with any Federal, State, or municipal bureau or other governmental agency for the collection of such statistics in such manner as he may deem satisfactory, and may assign special agents of the Department of Labor to any such bureau or agency to assist in such collection. -SOURCE- (Mar. 4, 1913, ch. 141, Sec. 4, 37 Stat. 737; July 7, 1930, ch. 873, 46 Stat. 1019.) -MISC1- AMENDMENTS 1930 - Act July 7, 1930, inserted second par. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- CENSUS DATA ON WOMEN-OWNED BUSINESSES; STUDY AND REPORT For provisions requiring Bureaus of Labor Statistics and the Census to include certain data on women-owned businesses in census reports, and requiring a study and report on the most cost effective and accurate means to gather and present such data, see section 501 of Pub. L. 100-533, set out as a note under section 131 of Title 13, Census. CONSUMER PRICE INDEX FOR OLDER AMERICANS Pub. L. 100-175, title I, Sec. 191, Nov. 29, 1987, 101 Stat. 967, provided that: 'The Secretary of Labor shall, through the Bureau of Labor Statistics, develop, from existing data sources, a reweighted index of consumer prices which reflects the expenditures for consumption by Americans 62 years of age and older. The Secretary shall furnish to the Congress the index within 180 days after the date of enactment of this Act (Nov. 29, 1987). The Secretary shall include with the index furnished a report which explains the characteristics of the reweighted index, the research necessary to develop and measure accurately the rate of inflation affecting such Americans, and provides estimates of time and cost required for additional activities necessary to carry out the objectives of this section.' PRISON STATISTICS REPORT Joint Res. June 17, 1940, ch. 389, 54 Stat. 401, authorized Bureau of Labor Statistics to furnish a report to Congress before May 1, 1941, on kind, amount, and value of all goods produced in State and Federal prisons. -CROSS- CROSS REFERENCES Transfer of duties as to ascertaining cost of production in foreign countries, etc., see Codification note set out under section 4 of this title. ------DocID 37580 Document 1230 of 1400------ -CITE- 29 USC CHAPTER 2 -EXPCITE- TITLE 29 CHAPTER 2 -HEAD- CHAPTER 2 - WOMEN'S BUREAU -MISC1- Sec. 11. Bureau established. 12. Director of bureau; appointment. 13. Powers and duties of bureau. 14. Assistant director of bureau; appointment; duties. 15, 16. Repealed. ------DocID 37606 Document 1231 of 1400------ -CITE- 29 USC Sec. 49c-2 -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49c-2. Omitted -COD- CODIFICATION Section, act July 26, 1946, ch. 672, title I, 60 Stat. 684, 685, which authorized transfer to and retention in State system of public employment offices of Federal employees, was from the Department of Labor Act, 1947, and was not repeated in subsequent appropriation acts. ------DocID 37999 Document 1232 of 1400------ -CITE- 29 USC subpart 2 -EXPCITE- TITLE 29 CHAPTER 17 SUBCHAPTER IV Part A subpart 2 -HEAD- subpart 2 - youth community conservation and improvement projects ------DocID 38039 Document 1233 of 1400------ -CITE- 29 USC part 2 -EXPCITE- TITLE 29 CHAPTER 18 SUBCHAPTER I Subtitle B part 2 -HEAD- part 2 - participation and vesting -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 1103, 1132, 1201, 1202 of this title; title 26 section 6057. ------DocID 38111 Document 1234 of 1400------ -CITE- 29 USC part 2 -EXPCITE- TITLE 29 CHAPTER 18 SUBCHAPTER II Subtitle B part 2 -HEAD- part 2 - other studies ------DocID 38184 Document 1235 of 1400------ -CITE- 29 USC part 2 -EXPCITE- TITLE 29 CHAPTER 18 SUBCHAPTER III Subtitle E part 2 -HEAD- part 2 - merger or transfer of plan assets or liabilities ------DocID 38458 Document 1236 of 1400------ -CITE- 30 USC Sec. 2 -EXPCITE- TITLE 30 CHAPTER 1 -HEAD- Sec. 2. Performance of duties in absence of director -STATUTE- On and after July 1, 1916, in the absence of the Director of the Bureau of Mines the assistant director of said bureau shall perform the duties of the director during the latter's absence, and in the absence of the Director and of the Assistant Director of the Bureau of Mines the Secretary of the Interior may designate some officer of said bureau to perform the duties of the director during his absence. -SOURCE- (July 1, 1916, ch. 209, Sec. 1, 39 Stat. 303; Ex. Ord. No. 4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934.) -TRANS- TRANSFER OF FUNCTIONS See note set out under section 1 of this title. ------DocID 38479 Document 1237 of 1400------ -CITE- 30 USC CHAPTER 2 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL -MISC1- Sec. 21. Mineral lands reserved. 21a. National mining and minerals policy; 'minerals' defined; execution of policy under other authorized programs; report to Congress. 22. Lands open to purchase by citizens. 23. Length of claims on veins or lodes. 24. Proof of citizenship. 25. Affidavit of citizenship. 26. Locators' rights of possession and enjoyment. 27. Mining tunnels; right to possession of veins on line with; abandonment of right. 28. Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner's succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure. 28-1. Inclusion of certain surveys in labor requirements of mining claims; conditions and restrictions. 28-2. Definitions. 28a. Omitted. 28b. Annual assessment work on mining claims; temporary deferment; conditions. 28c. Length and termination of deferment. 28d. Performance of deferred work. 28e. Recordation of deferment. 29. Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice on claim; publication and posting notice in office; certificate; adverse claims; payment per acre; objections; nonresident claimant's agent for execution of application and affidavits. 30. Adverse claims; oath of claimants; requisites; waiver; stay of land office proceedings; judicial determination of right of possession; successful claimants' filing of judgment roll, certificate of labor, and description of claim in land office, and acreage and fee payments; issuance of patents for entire or partial claims upon certification of land office proceedings and judgment roll; alienation of patent title. 31. Oath: agent or attorney in fact, beyond district of claim. 32. Findings by jury; costs. 33. Existing rights. 34. Description of vein claims on surveyed and unsurveyed lands; monuments on ground to govern conflicting calls. 35. Placer claims; entry and proceedings for patent under provisions applicable to vein or lode claims; conforming entry to legal subdivisions and surveys; limitation of claims; homestead entry of segregated agricultural land. 36. Subdivisions of 10-acre tracts; maximum of placer locations; homestead claims of agricultural lands; sale of improvements. 37. Proceedings for patent where boundaries contain vein or lode; application; statement including vein or lode; issuance of patent: acreage payments for vein or lode and placer claim; costs of proceedings; knowledge affecting construction of application and scope of patent. 38. Evidence of possession and work to establish right to patent. 39. Surveyors of mining claims. 40. Verification of affidavits. 41. Intersecting or crossing veins. 42. Patents for nonmineral lands: application, survey, notice, acreage limitation, payment. (a) Vein or lode and mill site owners eligible. (b) Placer claim owners eligible. 43. Conditions of sale by local legislature. 44, 45. Omitted. 46. Additional land districts and officers. 47. Impairment of rights or interests in certain mining property. 48. Lands in Michigan, Wisconsin, and Minnesota; sale and disposal as public lands. 49. Lands in Missouri and Kansas; disposal as agricultural lands. 49a. Mining laws of United States extended to Alaska; exploration and mining for precious metals; regulations; conflict of laws; permits; dumping tailings; pumping from sea; reservation of roadway; title to land below line of high tide or high-water mark; transfer of title to future State. 49b. Mining laws relating to placer claims extended to Alaska. 49c. Recording notices of location of Alaskan mining claims. 49d. Miners' regulations for recording notices in Alaska; certain records legalized. 49e. Annual labor or improvements on Alaskan mining claims; affidavits; burden of proof; forfeitures; location anew of claims; perjury. 49f. Fees of recorders in Alaska for filing proofs of work and improvements. 50. Grants to States or corporations not to include mineral lands. 51. Water users' vested and accrued rights; enumeration of uses; protection of interest; rights-of-way for canals and ditches; liability for injury or damage to settlers' possession. 52. Patents or homesteads subject to vested and accrued water rights. 53. Possessory actions for recovery of mining titles or for damages to such title. 54. Liability for damages to stock raising and homestead entries by mining activities. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 16 section 1907; title 43 section 1783. ------DocID 38490 Document 1238 of 1400------ -CITE- 30 USC Sec. 28-2 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 28-2. Definitions -STATUTE- As used in section 28-1 of this title, (a) The term 'geological surveys' means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of geology as they relate to the search for and discovery of mineral deposits; (b) The term 'geochemical surveys' means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of chemistry as they relate to the search for and discovery of mineral deposits; (c) The term 'geophysical surveys' means surveys on the ground for mineral deposits through the employment of generally recognized equipment and methods for measuring physical differences between rock types or discontinuities in geological formations; (d) The term 'qualified expert' means an individual qualified by education or experience to conduct geological, geochemical or geophysical surveys, as the case may be. -SOURCE- (Pub. L. 85-876, Sec. 2, Sept. 2, 1958, 72 Stat. 1701.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460mm-1. ------DocID 38610 Document 1239 of 1400------ -CITE- 30 USC Sec. 208-2 -EXPCITE- TITLE 30 CHAPTER 3A SUBCHAPTER II -HEAD- Sec. 208-2. Report to Congress on leasing and production of coal lands; contents; recommendations; report by Attorney General on competition in coal industry and effectiveness of antitrust laws -STATUTE- Within six months after the end of each fiscal year, the Secretary shall submit to the Congress a report on the leasing and production of coal lands subject to this chapter during such fiscal year; a summary of management, supervision, and enforcement activities; and recommendations to the Congress for improvements in management, environmental safeguards, and amount of production in leasing and mining operations on coal lands subject to this chapter. Each submission shall also contain a report by the Attorney General of the United States on competition in the coal and energy industries, including an analysis of whether the antitrust provisions of this chapter and the antitrust laws are effective in preserving or promoting competition in the coal or energy industry. -SOURCE- (Feb. 25, 1920, ch. 85, Sec. 8B, as added Aug. 4, 1976, Pub. L. 94-377, Sec. 8, 90 Stat. 1089.) -REFTEXT- REFERENCES IN TEXT The antitrust laws, referred to in text, are classified generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and Trade. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1272 of this title. ------DocID 38626 Document 1240 of 1400------ -CITE- 30 USC Sec. 226-2 -EXPCITE- TITLE 30 CHAPTER 3A SUBCHAPTER IV -HEAD- Sec. 226-2. Limitations for filing oil and gas contests -STATUTE- No action contesting a decision of the Secretary involving any oil and gas lease shall be maintained unless such action is commenced or taken within ninety days after the final decision of the Secretary relating to such matter. No such action contesting such a decision of the Secretary rendered prior to September 2, 1960 shall be maintained unless the same be commenced or taken within ninety days after September 2, 1960. -SOURCE- (Feb. 25, 1920, ch. 85, Sec. 42, as added Sept. 2, 1960, Pub. L. 86-705, Sec. 5, 74 Stat. 790.) ------DocID 39684 Document 1241 of 1400------ -CITE- 33 USC Sec. 2 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 2. Regulations for navigation of South and Southwest Passes of Mississippi River; penalties -STATUTE- The Secretary of the Army is authorized to make such rules and regulations for the navigation of the South and Southwest Passes of the Mississippi River as to him shall seem necessary or expedient for the purpose of preventing any obstruction to the channels through said South and Southwest Passes and any injury to the works therein constructed. The term 'South and Southwest Passes', as employed in this section, shall be construed as embracing the entire extent of channel in each case, between the upper ends of the works at the head of the pass and the outer or sea ends of the jetties at the entrance from the Gulf of Mexico; and any willful violation of any rule or regulation made by the Secretary of the Army in pursuance of this section shall be deemed a misdemeanor, for which the owner or owners, agent or agents, master or pilot of the vessel so offending shall be separately or collectively responsible, and on conviction thereof shall be punished by a fine of not less than $100, nor exceeding $500, or by imprisonment for not exceeding three months, or by both fine and imprisonment, at the discretion of the court. -SOURCE- (Mar. 3, 1909, ch. 264, Sec. 5, 35 Stat. 818; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION These provisions were part of section 5 of act Mar. 3, 1909, popularly known as the 'River and Harbor Appropriation Act of 1909'. These provisions superseded previous similar provisions relating to the navigation of the South Pass only, contained in act Aug. 11, 1888, ch. 860, Sec. 5, 25 Stat. 424, amended by act Sept. 19, 1890, ch. 907, Sec. 3, 26 Stat. 452. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 39745 Document 1242 of 1400------ -CITE- 33 USC Sec. 59c-2 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59c-2. East River, New York -STATUTE- If the Secretary of the Army, acting through the Chief of Engineers, finds that the proposed project to be erected at the location to be declared non-navigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of the bulkheading and filling and permanent pile-supported structures in order to preserve and maintain the remaining navigable waterway and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), then those portions of the East River in New York County, State of New York, bounded and described as follows are hereby declared to be not navigable waters of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given to the filling in of all or any part thereof or the erection of permanent pile-supported structures thereon: That portion of the East River in New York County, State of New York, lying shoreward of a line with the United States pierhead line as it exists on March 7, 1974, bounded on the north by the south side of Rutgers Slip extended easterly, and bounded on the south by the southeasterly border of Battery Park at a point adjacent to the westerly end of South Street extended south by southwest, is hereby declared to be non-navigable waters of the United States. This declaration shall apply only to portions of the above-described area which are bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section. -SOURCE- (Pub. L. 93-251, title I, Sec. 51, Mar. 7, 1974, 88 Stat. 26.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 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 4321 of Title 42 and Tables. ------DocID 39775 Document 1243 of 1400------ -CITE- 33 USC CHAPTER 2 -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- CHAPTER 2 - INTERNATIONAL RULES FOR NAVIGATION AT SEA ------DocID 39887 Document 1244 of 1400------ -CITE- 33 USC Sec. 426-2 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426-2. Board on Coastal Engineering Research -STATUTE- The functions of the Coastal Engineering Research Center established by section 426-1 of this title, shall be conducted with the guidance and advice of a Board on Coastal Engineering Research, constituted by the Chief of Engineers in the same manner as the present Beach Erosion Board. -SOURCE- (Pub. L. 88-172, Sec. 2, Nov. 7, 1963, 77 Stat. 305.) -MISC1- COMPENSATION OF BOARD Pub. L. 91-611, title I, Sec. 105, Dec. 31, 1970, 84 Stat. 1819, provided that: 'The civilian members of the Board on Coastal Engineering Research authorized by the Act of November 7, 1963 (33 U.S.C. 426-2) may be paid at rates not to exceed the daily equivalent of the rate for GS-18 for each day of attendance at Board meetings, not to exceed thirty days per year, in addition to the traveling and other necessary expenses connected with their duties on the Board in accordance with the provisions of 5 U.S.C. 5703(b), (d), and 5707.' (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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5.) -TRANS- ABOLITION OF BEACH EROSION BOARD Section 1 of Pub. L. 88-172 abolished Beach Erosion Board, and is set out as a note under section 426 of this title. For transfer of functions of Board to Coastal Engineering Research Center and Board of Engineers for Rivers and Harbors, see sections 426-1 and 426-3 of this title. ------DocID 40172 Document 1245 of 1400------ -CITE- 33 USC Sec. 701b-2 -EXPCITE- TITLE 33 CHAPTER 15 -HEAD- Sec. 701b-2. Cooperation by Secretaries of the Army and Agriculture; expenditures -STATUTE- In carrying out the purposes of the Act of June 22, 1936 (49 Stat. 1570), as amended and supplemented, the Secretary of the Army and the Secretary of Agriculture are authorized to cooperate with institutions, organizations, and individuals, and to utilize the services of Federal, State, and other public agencies, and to pay by check to the cooperating public agency, either in advance or upon the furnishing or performance of said services, all or part of the estimated or actual cost thereof; and to make expenditures for personal services and rent in the District of Columbia and elsewhere, for purchase of reference and law books and periodicals, for printing and binding, for the purchase, exchange, operation, and maintenance of motor-propelled passenger-carrying vehicles and motorboats for official use, and for other necessary expenses. The provisions of this section shall be applicable to any funds heretofore appropriated for the prosecution by the Secretary of Agriculture of works of improvement for measures of run-off and water-flow retardation and soil-erosion prevention upon watersheds. -SOURCE- (June 28, 1938, ch. 795, Sec. 5, 52 Stat. 1223; Aug. 18, 1941, ch. 377, Sec. 8, 55 Stat. 650; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -REFTEXT- REFERENCES IN TEXT Act of June 22, 1936 (49 Stat. 1570), as amended and supplemented, referred to in text, is act June 22, 1936, ch. 688, 49 Stat. 1570, as amended, popularly known as the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1941 - Act Aug. 18, 1941, changed the reference near the beginning of section and inserted sentence at end. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions of all officers, agencies and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 701b-4, 701c-1, 701f-1, 701j, 702a-12 of this title. ------DocID 40186 Document 1246 of 1400------ -CITE- 33 USC Sec. 701c-2 -EXPCITE- TITLE 33 CHAPTER 15 -HEAD- Sec. 701c-2. Acquisition and sale of land -STATUTE- The provisions of sections 593 to 595 of this title relating to river and harbor improvements are made applicable to works of flood control heretofore or hereafter authorized. -SOURCE- (Aug. 18, 1941, ch. 377, Sec. 6, 55 Stat. 650; Oct. 31, 1951, ch. 654, Sec. 3(6), 65 Stat. 708.) -MISC1- AMENDMENTS 1951 - Act Oct. 31, 1951, struck out '558a and' in the reference to other sections. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 702a-12 of this title. ------DocID 40192 Document 1247 of 1400------ -CITE- 33 USC Sec. 701f-2 -EXPCITE- TITLE 33 CHAPTER 15 -HEAD- Sec. 701f-2. Funds for specific and authorized projects merged with and accounted for under regular annual appropriation -STATUTE- Funds on and after May 17, 1950, appropriated for a specific and heretofore authorized project for a river, harbor, or flood-control works shall be merged with and be accounted for under the regular annual appropriation title applicable to such item. -SOURCE- (May 17, 1950, ch. 188, title II, Sec. 207, 64 Stat. 182.) ------DocID 40214 Document 1248 of 1400------ -CITE- 33 USC Sec. 702a-1 1/2 -EXPCITE- TITLE 33 CHAPTER 15 -HEAD- Sec. 702a-1 1/2. Further modification of 1927 project; adoption; appropriation -STATUTE- In accordance with the recommendations of the Chief of Engineers, as set forth in his report of April 6, 1937, and published as Flood Control Committee Document Numbered 1, Seventy-fifth Congress, first session, paragraph 38(b), except subparagraph (1), the project for flood control of the Lower Mississippi River adopted by sections 642a, 702a, 702a-1, 702a-2 to 702d, 702e to 702h, 702i to 702m, and 704 of this title, is modified and, as modified, is adopted, and there is authorized to be appropriated in addition to the sums previously authorized $40,000,000 to be applied for the purposes set forth in said document covering the said recommendations, with the exceptions mentioned, subject to the provisions made in section 702a-11 of this title. -SOURCE- (June 28, 1938, ch. 795, Sec. 4, 52 Stat. 1220.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 701b-4, 701c-1, 701f-1, 701j, 702a-1 3/4 of this title. ------DocID 40216 Document 1249 of 1400------ -CITE- 33 USC Sec. 702a-2 -EXPCITE- TITLE 33 CHAPTER 15 -HEAD- Sec. 702a-2. Abandonment of Boeuf Floodway -STATUTE- The Boeuf Floodway, authorized by the provisions adopted in section 702a of this title, shall be abandoned as soon as the Eudora Floodway, provided for in Flood Control Committee Document Numbered 1, Seventy-fourth Congress, first session, is in operative condition and the back protection levee recommended in said document, extending north from the head of the Eudora Floodway, shall have been constructed. -SOURCE- (June 15, 1936, ch. 548, Sec. 2, 49 Stat. 1509.) -MISC1- ABANDONMENT AND REPEAL OF PROJECTS For abandonment of Boeuf Floodway and Eudora Floodway as well as Northward Extension and back protection levee extending from head of Eudora Floodway north to Arkansas River and repeal of provisions relating to prosecution of work, see section 702a-12 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 701c-1, 702a-1, 702a-1 1/2, 702a-1 3/4, 702a-11, 702j-1, 702k-1, 702k-2 of this title. ------DocID 40240 Document 1250 of 1400------ -CITE- 33 USC Sec. 702j-2 -EXPCITE- TITLE 33 CHAPTER 15 -HEAD- Sec. 702j-2. White River Levee District; rights-of-way; drainage facilities; flowage rights; acquisition by local authorities; protection of United States from liability for damages -STATUTE- The Chief of Engineers, under the supervision of the Secretary of the Army, shall at the expense of the United States Government construct a system of levees substantially in accordance with general plan shown on map designated as sheet numbered 1 entitled 'Tributary Levee Location Survey - White River Levee District - Proposed Levee Location' accompanying report dated April 2, 1925, and filed in office of First and Second Mississippi River Commission Districts, Memphis, Tennessee. The Chief of Engineers shall have the right to alter, change, or modify said plan as to the grades and levee sections: Provided, however, That no work shall be commenced on the above-mentioned project until the State, levee boards, or other responsible local interests have given assurances satisfactory to the Secretary of the Army that they will (a) provide without cost to the United States all rights-of-way necessary for the construction of said project; (b) provide drainage facilities made necessary by construction of levees; (c) acquire and provide without cost to the United States all flowage and storage rights and easements over, upon, and across the lands and properties within the protected area in the event it becomes necessary in the judgment and discretion of the Secretary of the Army or the Chief of Engineers to use said area, or any part thereof, for an emergency reservoir; (d) hold and save the United States free from liability for damages on account of the use of said area for reservoir purposes during said emergency. -SOURCE- (June 15, 1936, ch. 548, Sec. 5, 49 Stat. 1509; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 702a-1, 702a-1 1/2, 702a-1 3/4, 702a-11, 702a-12, 702j-1, 702k-1 of this title. ------DocID 40243 Document 1251 of 1400------ -CITE- 33 USC Sec. 702k-2 -EXPCITE- TITLE 33 CHAPTER 15 -HEAD- Sec. 702k-2. Separability -STATUTE- If any provision of sections 642a, 702a-1, 702a-2 to 702a-12, 702g-1, 702j-1, 702j-2, and 702k-1 of this title, or the application thereof, to any person or circumstances, is held invalid, the remainder of the said sections, and the application of such provisions to other persons or circumstances, shall not be affected thereby. -SOURCE- (June 15, 1936, ch. 548, Sec. 14, 49 Stat. 1513.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 702a-1, 702a-1 1/2, 702a-1 3/4, 702a-11, 702a-12, 702j-1, 702k-1 of this title. ------DocID 40298 Document 1252 of 1400------ -CITE- 33 USC Sec. 763-2 -EXPCITE- TITLE 33 CHAPTER 16 -HEAD- Sec. 763-2. Additional increase of retired pay -STATUTE- The annual rate of retired pay of each person retired under section 763 of this title, as amended and supplemented, shall be increased, effective on the first day of the first calendar month following July 9, 1956, in accordance with the following schedule: --------------------------------------------------------------------- If retired pay Retired pay not in Retired pay in excess commences between - excess of $1,500 of $1,500 shall be shall be increased increased by - by - --------------------------------------------------------------------- June 20, 1918, and 12 per centum 8 per centum. June 30, 1955 July 1, 1955, and 10 per centum 7 per centum. December 31, 1955 January 1, 1956, and 8 per centum 6 per centum. June 30, 1956 July 1, 1956, and 6 per centum 4 per centum. December 31, 1956 January 1, 1957, and 4 per centum 2 per centum. June 30, 1957 July 1, 1957, and 2 per centum 1 per centum. December 31, 1957 ------------------------------- Such annual increase in retired pay shall not exceed the sum necessary to increase such retired pay to $4,104. The monthly installment of each retired payment so increased shall be fixed at the nearest dollar. -SOURCE- (July 9, 1956, ch. 524, 70 Stat. 510.) ------DocID 40301 Document 1253 of 1400------ -CITE- 33 USC Sec. 763a-2 -EXPCITE- TITLE 33 CHAPTER 16 -HEAD- Sec. 763a-2. Application to persons of Coast Guard -STATUTE- The provisions of sections 763 and 763a-1 of this title shall not apply to persons of the Coast Guard other than officers and employees of the former Lighthouse Service who, on June 30, 1939, met the requirements for retirement (except those relating to age and period of service) of said sections. -SOURCE- (June 6, 1940, ch. 257, Sec. 7, 54 Stat. 247.) -COD- CODIFICATION Sections 763 and 763a-1 of this title, referred to in text, was, in the original: 'The provisions of section 6 of the Act approved June 20, 1918 (40 Stat. 608), as amended and supplemented (U.S.C., 1934 edition, Supp. V., title 33, secs. 763 and 763a-1)'. -TRANS- TRANSFER OF FUNCTIONS Bureau of Lighthouses, of which Lighthouse Service was a part, transferred and consolidated with Coast Guard by Reorg. Plan No. II of 1939, Sec. 2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432, set out in the Appendix to Title 5, Government Organization and Employees. For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5. Functions of Coast Guard, and Commandant of Coast Guard, were excepted from transfer when Coast Guard is operating as part of Navy under sections 1 and 3 of Title 14, Coast Guard. Coast Guard transferred to Department of Transportation, and all functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of Title 14. See section 108 of Title 49, Transportation. -CROSS- CROSS REFERENCES For other provisions relating to section 763 of this title, see sections 763a-1, 765, and 766 of this title. ------DocID 40346 Document 1254 of 1400------ -CITE- 33 USC Sec. 854a-2 -EXPCITE- TITLE 33 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 854a-2. Pay and allowances; date of acceptance of promotion -STATUTE- Any commissioned officer of the National Oceanic and Atmospheric Administration promoted to a higher grade at any time after December 7, 1941, shall be deemed for all purposes to have accepted his promotion to higher grade upon the date such promotion is made by the President unless he shall expressly decline such promotion, and shall receive the pay and allowances of the higher grade from such date unless he is entitled under some other provision of law to receive the pay and allowances of the higher grade from an earlier date. No such officer who shall have subscribed to the oath of office required by section 3331 of title 5, shall be required to renew such oath or to take a new oath upon his promotion to a higher grade, if his service after the taking of such an oath shall have been continuous. -SOURCE- (Dec. 3, 1942, ch. 670, Sec. 3, 56 Stat. 1039; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) -COD- CODIFICATION 'Section 3331 of title 5' substituted for 'section 1757, Revised Statutes' in text, on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Section 1757 of the Revised Statutes had been classified to section 16 of former Title 5, Executive Departments and Government Officers and Employees. -TRANS- TRANSFER OF FUNCTIONS Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science Services Administration abolished, National Oceanic and Atmospheric Administration established, and Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. For further details, see note set out under section 851 of this title. ------DocID 40353 Document 1255 of 1400------ -CITE- 33 USC Sec. 857-2 -EXPCITE- TITLE 33 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 857-2. Retirement of officers; retired grade; retired pay; conditions: satisfactory service, length of service -STATUTE- Each officer retired pursuant to any provision of law shall be placed on the retired list with the highest grade satisfactorily held by him while on active duty including active duty pursuant to recall, under permanent or temporary appointment, and he shall receive retired pay based on such highest grade: Provided, That his performance of duty in such highest grade has been satisfactory, as determined by the Secretary of the department or departments under whose jurisdiction the officer served, and, unless retired for disability, his length of service in such highest grade is no less than that required by the Secretary of officers retiring under permanent appointment in that grade. -SOURCE- (Pub. L. 91-621, Sec. 2, Dec. 31, 1970, 84 Stat. 1863.) ------DocID 40957 Document 1256 of 1400------ -CITE- 35 USC Sec. 2 -EXPCITE- TITLE 35 PART I CHAPTER 1 -HEAD- Sec. 2. Seal -STATUTE- The Patent and Trademark Office shall have a seal with which letters patent, certificates of trade-mark registrations, and papers issued from the Office shall be authenticated. -SOURCE- (July 19, 1952, ch. 950, 66 Stat. 792; Jan. 2, 1975, Pub. L. 93-596, Sec. 1, 88 Stat. 1949.) -MISC1- HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., Sec. 3 (R.S. 478). 'Certificates of trade-mark registrations' is added, see note under section 1. Changes in language are made and the specific date eliminated. AMENDMENTS 1975 - Pub. L. 93-596 substituted 'Patent and Trademark Office' for 'Patent Office'. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596, set out as a note under section 1111 of Title 15, Commerce and Trade. -CROSS- CROSS REFERENCES Patents issued under seal of Patent and Trademark Office, see section 153 of this title. ------DocID 40970 Document 1257 of 1400------ -CITE- 35 USC CHAPTER 2 -EXPCITE- TITLE 35 PART I CHAPTER 2 -HEAD- CHAPTER 2 - PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE -MISC1- Sec. 21. Day for taking action falling on Saturday, Sunday, or holiday. (FOOTNOTE 1) (FOOTNOTE 1) Section catchline amended by Pub. L. 97-247 without corresponding amendment of chapter analysis. 22. Printing of papers filed. 23. Testimony in Patent and Trademark Office cases. 24. Subpoenas, witnesses. 25. Declaration in lieu of oath. 26. Effect of defective execution. AMENDMENTS 1975 - Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949, substituted 'Patent and Trademark Office' for 'Patent Office' in chapter heading and in item 23. 1964 - Pub. L. 88-292, Sec. 2, Mar. 26, 1964, 78 Stat. 171, added items 25 and 26. ------DocID 41124 Document 1258 of 1400------ -CITE- 36 USC Sec. 2 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 2. Name and powers of corporation -STATUTE- The name of this corporation shall be 'The American National Red Cross', and by that name it shall have perpetual succession, with the power to sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States; to have and to hold such real and personal estate as shall be deemed advisable and to dispose of the same, to accept gifts, devises, and bequests of real and personal estate for the purposes of this corporation hereinafter set forth; to adopt a seal and the same to alter and destroy at pleasure; and to have the right to have and to use, in carrying out its purposes hereinafter designated, as an emblem and badge, a Greek red cross on a white ground, as the same has been described in the treaties of Geneva, August twenty-second, eighteen hundred and sixty-four and July twenty-seventh, nineteen hundred and twenty-nine, and adopted by the several nations acceding thereto; to ordain and establish bylaws and regulations not inconsistent with the laws of the United States of America or any State thereof, and generally to do all such acts and things as may be necessary to carry into effect the provisions of sections 1, 2 to 6, 8, and 9 of this title and promote the purposes of said organization; and the corporation created is designated as the organization which is authorized to act in matters of relief under said treaties. In accordance with the said treaties, the delivery of the brassard allowed for individuals neutralized in time of war shall be left to military authority. -SOURCE- (Jan. 5, 1905, ch. 23, Sec. 2, 33 Stat. 600; May 8, 1947, ch. 50, Sec. 3, 61 Stat. 81.) -MISC1- AMENDMENTS 1947 - Act May 8, 1947, increased certain powers of corporation to accept gifts and devises of real estate. -CROSS- CROSS REFERENCES Licenses for erection and use of buildings on military installations, see section 2670 of Title 10, Armed Forces. Loan of equipment needed for instruction and practice to organization formed by Red Cross aiding armed forces in war time, see section 2542 of Title 10. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 8 of this title. ------DocID 41155 Document 1259 of 1400------ -CITE- 36 USC CHAPTER 2 -EXPCITE- TITLE 36 CHAPTER 2 -HEAD- CHAPTER 2 - BOY SCOUTS OF AMERICA -MISC1- Sec. 21. Corporation created. 22. Name and powers of corporation. 23. Purposes of corporation. 24. Acquisition of assets and liabilities of existing corporation; prohibition against issuance of stock or payment of dividends. 25. Executive board; powers. 26. Annual and special meetings; quorum. 27. Exclusive right to emblems, badges, marks, and words or phrases. 28. Annual report. 29. Reservation of right to amend or repeal chapter. ------DocID 41385 Document 1260 of 1400------ -CITE- 36 USC Sec. 169j-2 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169j-2. Purposes of Martin Luther King, Jr. Federal Holiday Commission -STATUTE- The purposes of the Commission are - (1) to encourage appropriate ceremonies and activities throughout the United States relating to the observance of the Federal legal holiday honoring Martin Luther King, Jr., which occurs on the third Monday in January each year; and (2) to provide advice and assistance to Federal, State, and local governments and to private organizations with respect to the observance of such holiday. -SOURCE- (Pub. L. 98-399, Sec. 3, Aug. 27, 1984, 98 Stat. 1473; Pub. L. 99-284, Sec. 1(a), May 1, 1986, 100 Stat. 406; Pub. L. 101-30, Sec. 2(b)(2), May 17, 1989, 103 Stat. 60.) -MISC1- AMENDMENTS 1989 - Par. (1). Pub. L. 101-30 substituted 'occurs on the third Monday in January each year' for 'first occurs on January 20, 1986'. 1986 - Par. (1). Pub. L. 99-284 substituted 'the observance' and 'which first occurs' for 'the first observance' and 'which occurs', respectively. ------DocID 43555 Document 1261 of 1400------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rule 2 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rule 2. Suspension of Rules -STATUTE- To expedite a decision, or for other good cause shown, this Court may suspend the application of any of these rules in a particular case and may order proceedings in accordance with its direction, but the Court may not extend the time for filing a Notice of Appeal. ------DocID 43597 Document 1262 of 1400------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Form 2 -EXPCITE- TITLE 38 APPENDIX -HEAD- Form 2 ------DocID 43607 Document 1263 of 1400------ -CITE- 39 USC CHAPTER 2 -EXPCITE- TITLE 39 PART I CHAPTER 2 -HEAD- CHAPTER 2 - ORGANIZATION -MISC1- Sec. 201. United States Postal Service. 202. Board of Governors. 203. Postmaster General; Deputy Postmaster General. 204. Assistant Postmasters General; General Counsel; Judicial Officer. 205. Procedures of the Board of Governors. 206. Advisory Council. 207. Seal. 208. Reservation of powers. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1003 of this title. ------DocID 43794 Document 1264 of 1400------ -CITE- 40 USC Sec. 2 to 5 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 2 to 5. Omitted -COD- CODIFICATION Section 2, act Feb. 26, 1925, ch. 339, Sec. 1, 43 Stat. 983, which established the Office of Public Buildings and Public Parks of the National Capital, was omitted in view of abolition of this office and transfer of its functions to the National Park Service by Ex. Ord. No. 6166, Sec. 2, June 10, 1933, set out under section 901 of Title 5, Government Organization and Employees. Section 3, acts Feb. 26, 1925, ch. 339, Sec. 2, 43 Stat. 983; July 3, 1930, ch. 846, 46 Stat. 907; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389, which abolished the commission in charge of Department of State Building and transferred duties of commission and superintendent thereof to Director of National Park Service, was omitted in view of transfer of functions of National Park Service to Public Buildings Administration in Federal Works Agency by Reorg. Plan No. I of 1939, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, set out in the Appendix to Title 5, Government Organization and Employees, and the subsequent abolition of Federal Works Agency and transfer of its functions to Administrator of General Services Administration by act June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380, which enacted section 753 of this title. Section 4, act Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389, abolished the Office of Public Buildings and Grounds and transferred its functions and duties to Director of the National Park System. See note set out under section 3 of this title. Section 5, act Feb. 26, 1925, ch. 339, Sec. 4, 43 Stat. 983, provided officers and employees for Office of Public Buildings and Public Parks of the National Capital. See note for section 2 of this title. ------DocID 43936 Document 1265 of 1400------ -CITE- 40 USC CHAPTER 2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- CHAPTER 2 - CAPITOL BUILDING AND GROUNDS -MISC1- Sec. 161. Title of Superintendent of Capitol Building and Grounds changed to Architect of Capitol. 161a. Repealed. 162. Architect of Capitol; powers and duties. 162-1. Appointment of Architect of Capitol. 162a. Compensation of Architect of Capitol. 162b. Semiannual report of expenditures by Architect of Capitol. 163. Care and superintendence of Capitol by Architect of Capitol. 163a. Exterior of Capitol, duty of Architect. 163b. Delegation of authority by Architect of Capitol. 164. Omitted. 164a. Assistant Architect of Capitol to act in case of absence, disability, or vacancy. 165. Repealed. 166. Architect of Capitol; repairs of Capitol. 166a. Travel expenses. 166a-1. Appropriations under control of Architect of Capitol; availability for expenses of advertising. 166b, 166b-1. Repealed or Omitted. 166b-1a. Compensation of employees under Architect of Capitol; single per annum gross rates of pay. 166b-1b. Conversion by Architect of Capitol of existing basic pay rates to per annum gross pay rates. 166b-1c. Obsolete references in existing law to basic pay rates. 166b-1d. Savings provisions. 166b-1e. Effect on existing law. 166b-1f. Exemptions. 166b-2. Registered nurses compensated under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings; allocation to General Schedule salary grade. 166b-3. Authorization to fix basic rate of compensation for certain positions. 166b-3a. Compensation of certain positions in Office of Architect of Capitol. (a) Amount of compensation to be that specified in appropriations Acts. (b) Positions covered. (c) Calculation of amounts. (d) Effective date. 166b-3b. Compensation of certain positions under jurisdiction of Architect of Capitol. 166b-4. Gratuities for survivors of deceased employees under jurisdiction of Architect of Capitol. 166b-5. Withholding and remittance of State income tax by Architect of Capitol. (a) Agreement by Architect with appropriate State official; covered individuals. (b) Number of remittances authorized. (c) Requests by individuals of Secretary for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations. (d) Time or times of agreements by Architect. (e) Provisions as not imposing duty, burden, requirement or penalty upon United States or any officer or employee of United States. (f) 'State' defined. 166b-6. Assignment and reassignment of personnel by Architect of Capitol for personal services. 166c. Acquisition of surplus supplies, materials, etc.; priority. 166d. Rental or lease of storage space. 166e. Funds out of Contingent Expenses, Architect of Capitol. 166f. Funds out of Capitol Buildings, Architect of Capitol. 167. Lighting, heating, and ventilating House of Representatives. 167a. Repealed. 168. Heating and ventilating Senate wing. 168a. Repealed. 169. Furniture for House of Representatives. 170. Purchase of furniture or carpets for House or Senate. 170a. Transferred. 171. Transfer of discontinued apparatus to other branches. 172. Repealed. 173. Estimates for improvements in grounds. 174, 174a. Omitted. 174b. Senate Office Building; approval of structural changes by Architect of Capitol. 174b-1. Additional Senate office building. 174c. Control, care, and supervision of Senate Office Building. 174d. Assignment of space in Senate Office Building. 174d-1. Assignment of space for meetings of joint committees, conference committees, etc. 174e. Certification of vouchers by Architect of Capitol. 174f to 174j. Omitted. 174j-1. Senate Restaurants; management by Architect of Capitol; approval of matters of general policy; termination. 174j-2. Omitted. 174j-3. Authorization and direction to effectuate purposes of sections 174j-1 to 174j-7 of this title. 174j-4. Special deposit account; establishment; appropriations; approval of payments. 174j-5. Deposits and disbursements under special deposit account. 174j-6. Bond of Architect, Assistant Architect, and other employees. 174j-7. Supersedure of prior provisions for maintenance and operation of Senate Restaurants. 174j-8. Management personnel and miscellaneous expenses; availability of appropriations; annual and sick leave. 174j-9. Loans for Senate Restaurants. (a) Borrowing authority. (b) Amount and period of loan; voucher. (c) Deposit, credit, and future availability of proceeds from repayment. 174k. House of Representatives restaurant, cafeteria, and food services. (a) Management and duties. (b) Transfer of accounts, records, supplies, equipment, and assets. (c) Special deposit account. (d) Effective date. 175. House Office Building; control, supervision, and care. 176. Speaker as member of House Office Building commission. 177. Assignment of rooms in House Office Building. 178. Vacant rooms; assignment to Representatives. 179. Vacant rooms; withdrawal by Representatives of request for assignment; relinquishment of rooms previously assigned. 180. Exchange of rooms. 181. Record of assignment of rooms, etc. 182. Assignment of rooms to Commissioner from Puerto Rico. 183. Assignment etc., of rooms; control of by House. 184. Assignment of unoccupied space. 184a. John W. McCormack Residential Page School. (a) Construction authorization for dormitory and classroom facilities complex. (b) Acquisition of property in District of Columbia. (c) Condemnation proceedings. (d) Transfer of United States owned property. (e) Alley and street closures by Mayor of the District of Columbia. (f) United States Capitol Grounds provisions applicable. (g) Designation; employment of services under supervision and control of Architect of Capitol: joint approval and direction of Speaker and President pro tempore; annual estimates to Congress; regulations governing Architect of Capitol. (h) Joint appointee for supervision and control over page activities; regulations; Residence Superintendent of Pages: appointment, compensation, and duties; additional personnel: appointment and compensation. (i) Sections 88a and 88b of title 2 unaffected. 184b. House of Representatives Child Care Center. 184c. Responsibility for Center. (a) Independent, nonprofit, nongovernmental corporation. (b) Official documents of corporation; submission; amendment. (c) Board of directors. (d) Monthly reports on operations and financial transactions of Center; audit; public availability of reports. 184d. Duties of corporation. 184e. Initial funding for Center; reimbursement; Center to be economically self-sufficient; House responsibility for Center. 184f. Definitions as used in sections 184b to 184f of this title. 185. Capitol power plant. 185a. Senate Garage; control, supervision, servicing of official motor vehicles. 186. Transfer of material and equipment to Architect. 187. National Statuary Hall. 188. Works of fine arts. 188a. United States Capitol Preservation Commission. (a) Establishment and purposes. (b) Membership. (c) Designees. (d) Architect of the Capitol. (e) Staff support and assistance. 188a-1. Authority of Commission to accept gifts and conduct other transactions relating to works of fine art and other property. (a) In general. (b) Transfer and disposition of works of fine art and other property. (c) Requirements for conduct of transactions. 188a-2. Capitol Preservation Fund. (a) In general. (b) Availability of fund. (c) Transaction costs and proportionality. (d) Deposits, credits, and disbursements. (e) Investments. 188a-3. Audits by the Comptroller General. 188a-4. Advisory boards. 188a-5. 'Member of the House of Representatives' defined. 188b. Senate Commission on Art. (a) Establishment. (b) Chairman and Vice Chairman; quorum; Executive Secretary. (c) Selection of Curator of Art and Antiquities of the Senate; availability of professional and clerical assistance. (d) Hearings and meetings. 188b-1. Duties of Commission. (a) In general. (b) Issuance and publication of regulations. (c) Consistency of regulations. (d) Responsibilities of Committee on Rules and Administration of Senate. 188b-2. Supervision and maintenance of Old Senate Chamber. 188b-3. Publication of list of works of art, historical objects, and exhibits. 188b-4. Authorization of appropriations. 188b-5. Additional authority for Senate Commission on Art to acquire works of art, historical objects, documents, or exhibits. 188b-6. Conservation, restoration, replication, or replacement of items in United States Senate Collection. (a) Use of moneys in Senate contingent fund. (b) United States Senate Collection. (c) Approval of disbursements by Chairman or Executive Secretary of Senate Commission on Art. 188c. House of Representatives Fine Arts Board. (a) Establishment and authority. (b) Clerk of the House of Representatives. (c) Architect of the Capitol. 188c-1. Acceptance of gifts on behalf of the House of Representatives. 189. Art exhibits. 190. Private studios and works of art. 190a. Omitted. 190b. Location of reference library for Senate and House of Representatives. 191, 192. Repealed or Omitted. 193. Protection of buildings and property. 193a. United States Capitol Grounds; area comprising; jurisdiction. 193b. Public use of Capitol grounds. 193c. Obstruction of roads; conveyance of goods or merchandise; Capitol grounds. 193d. Sale of articles; signs; solicitation; Capitol grounds. 193e. Injuries to property; Capitol grounds. 193f. Capitol Grounds and Buildings security. (a) Firearms, dangerous weapons, explosives, or incendiary devices. (b) Violent entry and disorderly conduct. (c) Exemption of Government officials. 193g. Parades or assemblages; display of flags; Capitol grounds. 193h. Prosecution and punishment of offenses. (a) Firearms, dangerous weapons, explosives, or incendiary device offenses. (b) Other offenses. (c) Procedure. 193i. Assistance to authorities by Capitol employees. 193j. Suspension of prohibitions against use of grounds. 193k. Power of Capitol Police Board to suspend prohibitions. 193l. Concerts on grounds. 193m. Definitions. 193m-1. Audit for private organizations conducting activities or performing services in or on United States Capitol Buildings or Grounds; report to Congress. 193n. Smithsonian Institution; policing of buildings and grounds. 193o. Public use of Smithsonian grounds. 193p. Sale of articles, signs; solicitation; Smithsonian grounds. 193q. Injury to property; Smithsonian grounds. 193r. Additional protective regulations; publication; Smithsonian grounds. 193s. Prosecution and punishment; Smithsonian grounds. 193t. Police power; Smithsonian grounds. 193u. Suspension of regulations; Smithsonian grounds. 193v. 'Buildings and grounds' defined. 193w. Repealed. 193x. Enforcement power of special police. 194 to 205. Repealed. 206. Capitol Police; appointment; Chief of the Capitol Police. 206-1. Capitol Police; compensation of Chief. 206a to 206a-8. Omitted. 206b. Emergency duty overtime pay for Capitol Police from funds disbursed by the Clerk of the House of Representatives. (a) Entitlement of officer or member. (b) Determination of rate of compensation. (c) Written election by officer for compensation or compensatory time off for additional hours of duty. (d) Certification procedure for additional compensation. (e) Transfer of accrued compensatory time off or receipt of lump-sum payment upon termination of service. (f) Definitions. (g) Contingent fund of House available for payment of overtime pay. 206c. Emergency duty overtime pay for Capitol Police from funds disbursed by Secretary of the Senate; compensatory time off in place of additional pay; election, accrual and transfer of time off; rules and regulations. 207. Payment of Capitol Police. 208. Suspension of Capitol Police members. 209. Pay of Capitol Police members under suspension. 210. Uniform, belts and arms; Capitol Police. 210a. Uniforms to display United States flag or colors. 211. Uniform; at whose expense; Capitol Police. 212. Wearing uniform on duty; Capitol Police. 212a. Policing of Capitol Buildings and Grounds; powers of Capitol Police; arrests by Capitol Police for crimes of violence; arrests by District of Columbia police. 212a-1. Capitol grounds and Library of Congress grounds; detail of police. 212a-2. Protection of Members of Congress, officers of Congress, and members of their families. (a) Authority of the Capitol Police. (b) Detail of police. (c) Arrest of suspects. (d) Fines and penalties. (e) Construction of provisions. (f) 'United States' defined. 212b. Regulation of traffic by Capitol Police Board. (a) Exclusive charge and control of all vehicular and other traffic. (b) Promulgation of regulations. (c) Printing of regulations and effective dates. (d) Cooperation with Mayor of District of Columbia. 213, 213a. Repealed or Omitted. 214. Protection of grounds. 214a. Omitted. 214b. Designation of Capitol grounds as play area for children of Members and employees of Senate or House of Representatives. (a) Authority of Capitol Police Board. (b) Required approval; fences; termination of authority. (c) Playground equipment; required approval. (d) Day care center. 215. Supervision of Botanical Garden. 216. Superintendent, etc., of Botanical Garden and greenhouses. 216a. Restriction on use of appropriation for Botanical Garden. 216b. Utilization of personnel by Architect of Capitol for maintenance and operation of Botanic Garden. 216c. National Garden; location; demonstration of diversity of plants; acceptance of gifts. 216d. Disbursement of appropriations for Botanic Garden. 217. Repealed. 217a. Plant material exchanges. 217b to 222. Repealed or Omitted. 223. Capitol Grounds shuttle service; purchase, etc. of vehicles. 224. Transportation of House Pages by Capitol Grounds shuttle service. -CROSS- CROSS REFERENCES Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. Reorganization of Executive Agencies, see Executive Order No. 6166, Sec. 1, 2, promulgated June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. Right of action for death or personal injury within national park or other place under exclusive jurisdiction of United States or governed by State laws, see section 457 of Title 16, Conservation. ------DocID 43960 Document 1266 of 1400------ -CITE- 40 USC Sec. 166b-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-2. Registered nurses compensated under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings; allocation to General Schedule salary grade -STATUTE- 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 to grade 11 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. -SOURCE- (Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 101-520, title I, Sec. 109, Nov. 5, 1990, 104 Stat. 2269.) -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees. -MISC2- PRIOR PROVISIONS A prior section 166b-2, Pub. L. 85-462, Sec. 4(j), (t), June 20, 1958, 72 Stat. 208, 209, which established the position of Chief Nurse in the Senate Office Building, under the Office of the Architect of the Capitol, and set forth the salary grade for each position of nurse under the Architect of the Capitol, was omitted as superseded. AMENDMENTS 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'. ------DocID 43990 Document 1267 of 1400------ -CITE- 40 USC Sec. 174j-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-2. Omitted -COD- CODIFICATION Section, Pub. L. 87-82, Sec. 2, July 6, 1961, 75 Stat. 199, related to transfer of accounts, records, supplies, equipment and assets of Senate Restaurants after close of business July 31, 1961 from the Senate Committee on Rules and Administration to Architect of the Capitol. ------DocID 44022 Document 1268 of 1400------ -CITE- 40 USC Sec. 188a-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a-2. Capitol Preservation Fund -STATUTE- (a) In general There is established in the Treasury a fund, to be known as the 'Capitol Preservation Fund' (hereafter in sections 188a to 188a-5 of this title referred to as the 'fund'), which shall consist of (1) amounts deposited, and interest and proceeds credited, under subsection (d) of this section, (2) obligations obtained under subsection (e) of this section, and (3) all surcharges received by the Secretary of the Treasury from the sale of coins minted under the Bicentennial of the United States Congress Commemorative Coin Act. (b) Availability of fund The fund shall be available to the Commission - (1) for payment of transaction costs and similar expenses incurred under section 188a-1 of this title; (2) subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate, for improvement and preservation projects for the United States Capitol; (3) for disbursement with respect to works of fine art and other property as provided in section 188a-1 of this title; and (4) for such other payments as may be required to carry out section 188a of this title or section 188a-1 of this title. (c) Transaction costs and proportionality In carrying out this section, the Commission shall, to the extent practicable, take such action as may be necessary - (1) to minimize disbursements under subsection (b)(1) of this section; and (2) to equalize disbursements under subsection (b) of this section between the Senate and the House of Representatives. (d) Deposits, credits, and disbursements The Commission shall deposit in the fund gifts of money and proceeds of transactions under section 188a-1 of this title. The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. Disbursements from the fund shall be made on vouchers approved by the Commission and signed by the co-chairmen. (e) Investments The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Commission, is not required to meet current withdrawals. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Commission has a maturity suitable for the fund. In carrying out this subsection, the Secretary may make such purchases, sales, and redemptions of obligations as may be approved by the Commission. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 803, Nov. 18, 1988, 102 Stat. 4609; Pub. L. 101-302, title III, Sec. 312(b), May 25, 1990, 104 Stat. 245.) -REFTEXT- REFERENCES IN TEXT The Bicentennial of the United States Congress Commemorative Coin Act, referred to in subsec. (a), is Pub. L. 100-673, Nov. 17, 1988, 102 Stat. 3992, which is set out as a note under section 5112 of Title 31, Money and Finance. -MISC2- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-302, Sec. 312(b)(1), struck out 'subject to the approval, except for the purchase of fine art and antiques, of the Committees on Appropriations of the House of Representatives and Senate, respectively' after 'The fund shall be available to the Commission'. Subsec. (b)(2). Pub. L. 101-302, Sec. 312(b)(2), inserted 'subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate,' before 'For improvement'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a, 188a-1, 188a-5 of this title. ------DocID 44028 Document 1269 of 1400------ -CITE- 40 USC Sec. 188b-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-2. Supervision and maintenance of Old Senate Chamber -STATUTE- The Commission shall have responsibility for the supervision and maintenance of the Old Senate Chamber on the principal floor of the Senate wing of the Capitol insofar as it is to be preserved as a patriotic shrine in the Capitol for the benefit of the people of the United States. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610.) -COD- CODIFICATION Section is based on section 3 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law by Pub. L. 100-696. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-5 of this title. ------DocID 44082 Document 1270 of 1400------ -CITE- 40 USC Sec. 212a-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 212a-2. Protection of Members of Congress, officers of Congress, and members of their families -STATUTE- (a) Authority of the Capitol Police Subject to the direction of the Capitol Police Board, the United States Capitol Police is authorized to protect, in any area of the United States, the person of any Member of Congress, officer of the Congress, as defined in section 60-1(b) of title 2, and any member of the immediate family of any such Member or officer, if the Capitol Police Board determines such protection to be necessary. (b) Detail of police In carrying out its authority under this section, the Capitol Police Board, or its designee, is authorized, in accordance with regulations issued by the Board pursuant to this section, to detail, on a case-by-case basis, members of the United States Capitol Police to provide such protection as the Board may determine necessary under this section. (c) Arrest of suspects In the performance of their protective duties under this section, members of the United States Capitol Police are authorized (1) to make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and (2) to utilize equipment and property of the Capitol Police. (d) Fines and penalties Whoever knowingly and willfully obstructs, resists, or interferes with a member of the Capitol Police engaged in the performance of the protective functions authorized by this section, shall be fined not more than $300 or imprisoned not more than one year, or both. (e) Construction of provisions Nothing contained in this section shall be construed to imply that the authority, duty, and function conferred on the Capitol Police Board and the United States Capitol Police are in lieu of or intended to supersede any authority, duty, or function imposed on any Federal department, agency, bureau, or other entity, or the Metropolitan Police of the District of Columbia, involving the protection of any such Member, officer, or family member. (f) 'United States' defined As used in this section, the term 'United States' means each of the several States of the United States, the District of Columbia, and territories and possessions of the United States. -SOURCE- (July 31, 1946, ch. 707, Sec. 9A, as added Dec. 29, 1981, Pub. L. 97-143, Sec. 1(a), 95 Stat. 1723.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193k, 193l, 193m, 212a of this title. ------DocID 44144 Document 1271 of 1400------ -CITE- 40 USC Sec. 276a-2 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-2. Payment of wages by Comptroller General from withheld payments; listing contractors violating contracts -STATUTE- (a) The Comptroller General of the United States is authorized and directed to pay directly to laborers and mechanics from any accrued payments withheld under the terms of the contract any wages found to be due laborers and mechanics pursuant to sections 276a to 276a-5 of this title; and the Comptroller General of the United States is further authorized and is directed to distribute a list to all departments of the Government giving the names of persons or firms whom he has found to have disregarded their obligations to employees and subcontractors. No contract shall be awarded to the persons or firms appearing on this list or to any firm, corporation, partnership, or association in which such persons or firms have an interest until three years have elapsed from the date of publication of the list containing the names of such persons or firms. (b) If the accrued payments withheld under the terms of the contract, as aforesaid, are insufficient to reimburse all the laborers and mechanics with respect to whom there has been a failure to pay the wages required pursuant to sections 276a to 276a-5 of this title, such laborers and mechanics shall have the right of action and/or of intervention against the contractor and his sureties conferred by law upon persons furnishing labor or materials, and in such proceedings it shall be no defense that such laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 3, as added Aug. 30, 1935, ch. 825, 49 Stat. 1012.) -MISC1- ENFORCEMENT OF LABOR STANDARDS Labor standards under provisions of this section to be prescribed and enforced by Secretary of Labor, see Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 44193 Document 1272 of 1400------ -CITE- 40 USC Sec. 304a-2 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304a-2. Demolition; historic buildings -STATUTE- The Administrator of General Services is authorized, upon his determination that such action will be to the best interest of the Government, to demolish any building declared surplus to the needs of the Government in accordance with the provisions of sections 304a to 304e of this title: Provided, That before proceeding with the demolition of any building, the Administrator of General Services shall inform the Secretary of the Interior in writing of his intention to demolish it, and shall not proceed with the demolition until he shall have received written notice from the Secretary of the Interior that said building is not an historic building of national significance within the meaning of sections 461 to 467 of title 16: Provided, however, That if the Secretary of the Interior shall fail to notify the Administrator of General Services of his determination as to whether such building is an historic building of national significance within ninety days of the receipt of the notice of intention to demolish the Administrator of General Services may proceed to demolish said building. -SOURCE- (Aug. 27, 1935, ch. 744, Sec. 7, as added July 18, 1940, ch. 635, Sec. 2, 54 Stat. 764, and amended June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -REFTEXT- REFERENCES IN TEXT Section 461 to 467 of title 16, referred to in text, was in the original a reference to the Act of Aug. 21, 1935, ch. 593, 49 Stat. 666, which is popularly known as the Historic Sites, Buildings, and Antiquities Act. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, and functions of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency, office of Federal Works Administrator, office of Commissioner of Public Buildings, and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304a-1, 304d, 304e of this title. ------DocID 44216 Document 1273 of 1400------ -CITE- 40 USC Sec. 313-2 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 313-2. Omitted -COD- CODIFICATION Section, which was from the Treasury, Postal Service, and General Government Appropriation Act, 1972, Pub. L. 92-49, title VI, Sec. 611, July 9, 1971, 85 Stat. 124, provided that no money appropriated by this or any other Act or any agency of executive branch of Government was to be used during current fiscal year for purchase within continental limits of United States of any typewriting machines, except in accordance with regulations issued pursuant to provisions of Federal Property and Administrative Services Act of 1949, as amended, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: Dec. 17, 1970, Pub. L. 91-556, title I, 84 Stat. 1448. Nov. 26, 1969, Pub. L. 91-126, title I, 83 Stat. 228. Oct. 4, 1968, Pub. L. 90-550, title I, 82 Stat. 944. Nov. 3, 1967, Pub. L. 90-121, title I, 81 Stat. 349. Sept. 6, 1966, Pub. L. 89-555, title I, 80 Stat. 674. Aug. 16, 1965, Pub. L. 89-128, title I, 79 Stat. 531. Aug. 30, 1964, Pub. L. 88-507, title I, 78 Stat. 655. Dec. 19, 1963, Pub. L. 88-215, title I, 77 Stat. 436. Oct. 3, 1962, Pub. L. 87-741, title I, 76 Stat. 727. Aug. 17, 1961, Pub. L. 87-141, title I, 75 Stat. 353. July 12, 1960, Pub. L. 86-626, title I, 74 Stat. 434. Sept. 14, 1959, Pub. L. 86-255, title I, 73 Stat. 507. Aug. 28, 1958, Pub. L. 85-844, title I, 72 Stat. 1069. June 29, 1957, Pub. L. 85-69, title I, 71 Stat. 232. June 27, 1956, ch. 452, title I, 70 Stat. 345. June 30, 1955, ch. 244, title I, 69 Stat. 205. June 24, 1954, ch. 359, title I, 68 Stat. 282. July 31, 1953, ch. 302, title I, 67 Stat. 304. July 5, 1952, ch. 578, title I, 66 Stat. 400. Aug. 31, 1951, ch. 376, title I, 65 Stat. 275. ------DocID 44521 Document 1274 of 1400------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 2 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 -HEAD- Sec. 2. Findings and statement of purpose -STATUTE- (a) The Congress hereby finds and declares that the Appalachian region of the United States, while abundant in natural resources and rich in potential, lags behind the rest of the Nation in its economic growth and that its people have not shared properly in the Nation's prosperity. The region's uneven past development, with its historical reliance on a few basic industries and a marginal agriculture, has failed to provide the economic base that is a vital prerequisite for vigorous, self-sustaining growth. The State and local governments and the people of the region understand their problems and have been working and will continue to work purposefully toward their solution. The Congress recognizes the comprehensive report of the President's Appalachian Regional Commission documenting these findings and concludes that regionwide development is feasible, desirable, and urgently needed. It is, therefore, the purpose of this Act to assist the region in meeting its special problems, to promote its economic development, and to establish a framework for joint Federal and State efforts toward providing the basic facilities essential to its growth and attacking its common problems and meeting its common needs on a coordinated and concerted regional basis. The public investments made in the region under this Act shall be concentrated in areas where there is a significant potential for future growth, and where the expected return on public dollars invested will be the greatest. The States will be responsible for recommending local and State projects, within their borders, which will receive assistance under this Act. As the region obtains the needed physical and transportation facilities and develops its human resources, the Congress expects that the region will generate a diversified industry, and that the region will then be able to support itself, through the workings of a strengthened free enterprise economy. (b) The Congress further finds and declares that while substantial progress has been made toward achieving the foregoing purposes, especially with respect to the provision of essential public facilities, much remains to be accomplished, especially with respect to the provision of essential health, education, and other public services. The Congress recognizes that changes and evolving national purposes in the decade since 1965 affect not only the Appalachian region, but also its relationship to a nation now assigning higher priority to conservation and the quality of life, values long cherished within the region. Appalachia now has the opportunity, in accommodating future growth and development, to demonstrate local leadership and coordinated planning so that housing, public services, transportation and other community facilities will be provided in a way congenial to the traditions and beauty of the region and compatible with conservation values and an enhanced quality of life for the people of the region. The Congress recognizes also that fundamental changes are occurring in national energy requirements and production, which not only risk short-term dislocations but will undoubtedly result in major long-term effects in the region. It is essential that the opportunities for expanded energy production be used so as to maximize the social and economic benefits and minimize social and environmental costs to the region and its people. It is, therefore, also the purpose of this Act to provide a framework for coordinating Federal, State and local efforts toward (1) anticipating the effects of alternative energy policies and practices, (2) planning for accompanying growth and change so as to maximize the social and economic benefits and minimize social and environmental costs, and (3) implementing programs and projects carried out in the region by Federal, State, and local governmental agencies so as to better meet the special problems generated in the region by the Nation's energy needs and policies, including problems of transportation, housing, community facilities, and human services. -SOURCE- (Pub. L. 89-4, Sec. 2, Mar. 9, 1965, 79 Stat. 5; Pub. L. 94-188, title I, Sec. 102, Dec. 31, 1975, 89 Stat. 1079.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -MISC2- AMENDMENTS 1975 - Pub. L. 94-188 designated existing provisions as subsec. (a) and added subsec. (b). REPORT TO CONGRESS ON PROGRESS MADE IN IMPLEMENTATION OF REGIONAL DEVELOPMENT ACT OF 1975 Section 122(b) of Pub. L. 94-188 required Appalachian Regional Commission to submit to Congress by July 1, 1977, a report on progress made in implementing subsec. (b) of this section, the energy related enterprise development demonstration authority in section 302 of this Appendix, as well as other amendments made by title I of Pub. L. 94-188. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 302 of this Appendix. ------DocID 44572 Document 1275 of 1400------ -CITE- 41 USC Sec. 6a-2 -EXPCITE- TITLE 41 CHAPTER 1 -HEAD- Sec. 6a-2. Architect of the Capitol, authority for personal services contracts with legal entities -STATUTE- Notwithstanding any other provision of law, the Architect of the Capitol is authorized to contract for personal services with any firm, partnership, corporation, association, or other legal entity in the same manner as he is authorized to contract for personal services with individuals under the provisions of section 5 of this title. -SOURCE- (Pub. L. 96-558, Dec. 19, 1980, 94 Stat. 3263.) ------DocID 44585 Document 1276 of 1400------ -CITE- 41 USC Sec. 10b-2 -EXPCITE- TITLE 41 CHAPTER 1 -HEAD- Sec. 10b-2. Limitation on authority to waive Buy American Act requirement -STATUTE- (a) Determination by Secretary of Defense (1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of that agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country. (2) An agreement referred to in paragraph (1) is any agreement, including any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products produced in that country. (b) Report to Congress The Secretary of Defense shall submit to Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal years 1990 and 1991. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2) of this section, the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to which the United States is a party. (c) 'Buy American Act' defined For purposes of this section, the term 'Buy American Act' means title III of the Act entitled 'An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes', approved March 3, 1933 (41 U.S.C. 10a et seq.). -SOURCE- (Pub. L. 101-189, div. A, title VIII, Sec. 823, Nov. 29, 1989, 103 Stat. 1504.) -REFTEXT- REFERENCES IN TEXT The Buy American Act, referred to in text, is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which enacted sections 10a, 10b, 10b-1, and 10c of this title, and enacted provisions set out as notes under section 10c of this title. For complete classification of this Act to the Code, see Short Title note set out under section 10a of this title and Tables. The Trade Agreements Act of 1979, referred to in subsec. (b), is Pub. L. 96-39, July 26, 1979, 93 Stat. 144. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of Title 19, Customs Duties, and Tables. ------DocID 44638 Document 1277 of 1400------ -CITE- 41 USC CHAPTER 2 -EXPCITE- TITLE 41 CHAPTER 2 -HEAD- CHAPTER 2 - TERMINATION OF WAR CONTRACTS -MISC1- Sec. 101. Declaration of policy. 102. Surveillance by Congress. 103. Definitions. 104. Administration of chapter. (a) Repealed. (b) Rules and regulations. (c) Compliance. (d) Personnel; supplies, facilities, and services. (e) Publication in Federal Register. 105. Contract Settlement Advisory Board; composition; duties. 106. Basis for settlement of termination claims. (a) Priority to private contractors. (b) Establishment of methods and standards. (c) Conclusiveness of settlement. (d) Allowable costs. (e) Settlement by agreement. (f) Interest. (g) Amendment of contracts. 107. Settlement of subcontractors' claims. (a) Conclusiveness of settlement. (b) Supervision of payments to war contractors. (c) Group settlements. (d) Direct settlement by contracting agency. (e) Amount of settlement. (f) Equitable payments. 108. Interim financing. (a) Prime contractors. (b) Method of financing; amounts payable. (c) Evidence to support financing. (d) Penalty for overstatement of claims. (e) Advance payments as part of termination settlement. (f) Liquidation of loans, etc., prior to final settlement. (g) Settlement of claims; validation of prior financing. 109. Advance or partial payments to subcontractors; excessive payments, interest, liability of war contractor. 110. Guarantee of loans, advances, etc. (a) By contract. (b) By assignment. (c) Federal Reserve bank as fiscal agent. (d) Application of other laws. 111. Termination of contracts. (a) Advance notice; prime contracts. (b) Cessation of work without termination. (c) Authority of Administrator of General Services; classes of contracts. 112. Removal and storage of materials. (a) Termination inventory. (b) Statement on material of inventory. (c) Removal and storage by Government agency. (d) Removal and storage by war contractor. (e) Acquisition by Government agency of inventory material; liability. (f) Postponement or delay of termination settlement. (g) Government-owned machinery. (h) Limitation on Government acquisition of inventories. (i) Removal and storage by war contractor at own risk. 113. Appeals. (a) Failure to settle claims by agreement; preparation of findings; notice to war contractor. (b) Rights of war contractor. (c) Procedure. (d) Omitted. (e) Arbitration. (f) Conclusiveness of decisions. 114. Claims Court. (a) Appointment of auditors. (b) Procedure. (c) Jurisdiction. 115. Personal financial liability of contracting officers. 116. Functions of General Accounting Office. (a) Review of terminated settlements; limitations. (b) Certification of fraudulent settlements to Department of Justice. (c) Reports to Congress. (d) Jurisdiction of Comptroller General. 117. Defective, informal, and quasi contracts. (a) Lack of formalized contract. (b) Technical defects or omissions. (c) Failure to settle. (d) Formalization of obligations; termination date for filing claims. 118. Administration. (a) Records and forms. (b) Repealed. (c) Advance notice on cut-backs. (d) Investigations. (e) Certification of fraudulent settlements to Department of Justice. 119. Fraudulent claims, vouchers, statements, etc.; jurisdiction. 120. Powers and duties of contracting agencies. (a) Limitation. (b) Evidence required; conclusiveness of determinations. (c) Appropriations. (d) Validation of prior settlements. (e) Impairment of contract. (f) Aid to war contractors. 121. Administrator of General Services; additional duties. 122. Use of appropriated funds. 123. Delegation of authority by Administrator of General Services. (a) Officers and agencies of General Services Administration and other governmental agencies. (b) Authority delegated to other governmental agencies. (c) Joint exercise of delegated authority. (d) Application to other laws. 124. Effective date; applicability to lend lease contracts. 125. Exemption of certain contracts outside continental United States or in Alaska. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 5 sections 551, 701. ------DocID 44769 Document 1278 of 1400------ -CITE- 42 USC Sec. 2 -EXPCITE- TITLE 42 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 2. Omitted -COD- CODIFICATION Section, acts Feb. 3, 1905, ch. 297, 33 Stat. 650; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309; 1939 Reorg. Plan No. I, eff. July 1, 1939, Sec. 201, 4 F.R. 2728, 53 Stat. 1424, which provided for jurisdiction of Federal Security Agency over the Service, was superseded by section 202 of this title. -MISC3- REPEALS Act Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, which changed name of Public Health and Marine Hospital Service of the United States to Public Health Service was repealed by act July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714, renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2); 87 Stat. 604, and repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. Act July 1, 1944, retained the name Public Health Service. ------DocID 44795 Document 1279 of 1400------ -CITE- 42 USC CHAPTER 2 -EXPCITE- TITLE 42 CHAPTER 2 -HEAD- CHAPTER 2 - SANITATION AND QUARANTINE -MISC1- Sec. 81 to 87. Repealed. 88. Discharge of cargo of vessel in quarantine. 89. Quarantine warehouses; erection. 90. Deposit of goods in warehouses. 91. Extending time for entry of vessels subject to quarantine. 92 to 96. Repealed. 97. State health laws observed by United States officers. 98. Vessels for quarantine officers. 99 to 111. Repealed. 112. Removal of revenue officers from port during epidemic. 113, 114. Repealed. ------DocID 44892 Document 1280 of 1400------ -CITE- 42 USC Sec. 242q-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER II Part A -HEAD- Sec. 242q-2. Administrative staff and support -STATUTE- The Secretary, acting through either the Assistant Secretary for Health or the Director of the National Institute on Aging, shall appoint an Executive Secretary for the Task Force and shall provide the Task Force with such administrative staff and support as may be necessary to enable the Task Force to carry out subsections (b) and (c) of section 242q of this title. -SOURCE- (Pub. L. 101-557, title III, Sec. 303, Nov. 15, 1990, 104 Stat. 2770.) -COD- CODIFICATION Section was enacted as part of the Home Health Care and Alzheimer's Disease Amendments of 1990, and not as part of the Public Health Service Act which comprises this chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 242q-4, 242q-5 of this title. ------DocID 44908 Document 1281 of 1400------ -CITE- 42 USC Sec. 247b-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER II Part B -HEAD- Sec. 247b-2. Repealed. Pub. L. 97-35, title IX, Sec. 902(a), Aug. 13, 1981, 95 Stat. 559 -MISC1- Section, Pub. L. 95-626, title IV, Sec. 402, Nov. 10, 1978, 92 Stat. 3591; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, related to deterrence of smoking and alcoholic beverage use among children and adolescents. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97-35, set out as an Effective Date of 1981 Amendment note under section 300aaa-12 of this title. ------DocID 44978 Document 1282 of 1400------ -CITE- 42 USC subpart 2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER II Part F subpart 2 -HEAD- subpart 2 - clinical laboratories ------DocID 45012 Document 1283 of 1400------ -CITE- 42 USC Sec. 280b-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER II Part K -HEAD- Sec. 280b-2. Report -STATUTE- By not later than September 30, 1992, the Secretary, through the Director of the Centers for Disease Control, shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the activities conducted or supported under this part. The report shall include - (1) information regarding the practical applications of research conducted pursuant to subsection (a) of section 280b of this title, including information that has not been disseminated under subsection (b) of such section; and (2) information on such activities regarding the prevention and control of injuries in rural areas, including information regarding injuries that are particular to rural areas. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 393, as added Nov. 10, 1986, Pub. L. 99-649, Sec. 3, 100 Stat. 3634, and amended Nov. 15, 1990, Pub. L. 101-558, Sec. 2(c), 104 Stat. 2772.) -MISC1- PRIOR PROVISIONS A prior section 280b-2, act July 1, 1944, ch. 373, title III, Sec. 392, as added Oct. 22, 1965, Pub. L. 89-291, Sec. 2, 79 Stat. 1060, and amended Mar. 13, 1970, Pub. L. 91-212, Sec. 10(b)(4), (d)(2)(A), 84 Stat. 66, 67; July 23, 1974, Pub. L. 93-353, title II, Sec. 202(c), 88 Stat. 372, which related to the composition, functions, etc., of the National Medical Libraries Assistance Advisory Board, was repealed by Pub. L. 99-158, Sec. 3(b), Nov. 20, 1985, 99 Stat. 879. A prior section 393 of act July 1, 1944, ch. 373, title III, formerly Sec. 394, as added Oct. 22, 1965, Pub. L. 89-291, Sec. 2, 79 Stat. 1062, amended Mar. 13, 1970, Pub. L. 91-212, Sec. 2(b), 10(d)(2)(A), 84 Stat. 63, 67; June 18, 1973, Pub. L. 93-45, title I, Sec. 107(a), 87 Stat. 92, and renumbered and amended July 23, 1974, Pub. L. 93-353, title II, Sec. 203(a), 204, 88 Stat. 372, 373, which related to grants for training in medical library sciences, was classified to section 280b-4 of this title and was repealed by Pub. L. 99-158, Sec. 3(b), Nov. 20, 1985, 99 Stat. 879. AMENDMENTS 1990 - Pub. L. 101-558 amended section generally. Prior to amendment, section read as follows: 'By January 1, 1989, the Secretary, through the Director of the Centers for Disease Control, shall prepare and transmit to the Congress a report analyzing the incidence and causes of childhood injuries in the United States and containing recommendations for such legislation with respect to injury control as the Secretary considers appropriate.' ------DocID 45018 Document 1284 of 1400------ -CITE- 42 USC Sec. 280c-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER II Part L subpart i -HEAD- Sec. 280c-2. General provisions -STATUTE- (a) Limitation on administrative expenses The Secretary may not make a grant under section 280c(a) of this title to a State unless the State agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant. (b) Description of intended use of grant The Secretary may not make a grant under section 280c(a) of this title to a State unless - (1) the State submits to the Secretary a description of the purposes for which the State intends to expend the grant; and (2) such description provides information relating to the programs and activities to be supported and services to be provided, including - (A) the number of individuals who will receive services pursuant to section 280c(a) of this title and the average costs of providing such services to each such individual; and (B) a description of the manner in which such programs and activities will be coordinated with any similar programs and activities of public and private entities. (c) Requirement of application The Secretary may not make a grant under section 280c(a) of this title to a State unless the State has submitted to the Secretary an application for the grant. The application shall - (1) contain the description of intended expenditures required in subsection (b) of this section; (2) with respect to carrying out the purpose for which the grant is to be made, provide assurances of compliance satisfactory to the Secretary; and (3) otherwise be in such form, be made in such manner, and contain such information and agreements as the Secretary determines to be necessary to carry out this subpart. (d) Evaluations and report by Secretary The Secretary shall - (1) provide for an evaluation of each demonstration project for which a grant is made under section 280c(a) of this title; and (2) not later than 6 months after the completion of such evaluations, submit to the Congress a report describing the findings made as a result of the evaluations. (e) Authorizations of appropriations For the purpose of carrying out this subpart, there are authorized to be appropriated $5,000,000 for each of the fiscal years 1988 through 1990, $7,500,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 and 1993. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 397, as added Nov. 29, 1987, Pub. L. 100-175, title VI, Sec. 602, 101 Stat. 980, and amended Nov. 15, 1990, Pub. L. 101-557, title I, Sec. 101(d), 104 Stat. 2766.) -MISC1- PRIOR PROVISIONS A prior section 397 of act July 1, 1944, ch. 373, title III, formerly Sec. 399, as added Oct. 22, 1965, Pub. L. 89-291, Sec. 2, 79 Stat. 1066, renumbered Sec. 398 and amended Mar. 13, 1970, Pub. L. 91-212, Sec. 2(g), 8, 10(c)(3), (d)(2)(A), 84 Stat. 63, 65, 67; June 18, 1973, Pub. L. 93-45, title I, Sec. 107(f), 87 Stat. 92, and renumbered Sec. 397 and amended July 23, 1974, Pub. L. 93-353, title II, Sec. 203(e), 204, 88 Stat. 372, 373, which related to grants to provide support for biomedical scientific publications, and which was classified to section 280b-9 of this title, was repealed by Pub. L. 99-158, Sec. 3(b), Nov. 20, 1985, 99 Stat. 879. AMENDMENTS 1990 - Subsec. (e). Pub. L. 101-557 substituted 'there are' for 'there is' and inserted before period at end ', $7,500,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 and 1993'. ------DocID 45038 Document 1285 of 1400------ -CITE- 42 USC Sec. 285a-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 1 -HEAD- Sec. 285a-2. Special authorities of Director -STATUTE- (a)(1) The Director of the Institute shall establish an information and education program to collect, identify, analyze, and disseminate on a timely basis, through publications and other appropriate means, to cancer patients and their families, physicians and other health professionals, and the general public, information on cancer research, diagnosis, prevention, and treatment (including information respecting nutrition programs for cancer patients and the relationship between nutrition and cancer). The Director of the Institute may take such action as may be necessary to insure that all channels for the dissemination and exchange of scientific knowledge and information are maintained between the Institute and the public and between the Institute and other scientific, medical, and biomedical disciplines and organizations nationally and internationally. (2) In carrying out paragraph (1), the Director of the Institute shall - (A) provide public and patient information and education programs, providing information that will help individuals take personal steps to reduce their risk of cancer, to make them aware of early detection techniques and to motivate appropriate utilization of those techniques, to help individuals deal with cancer if it strikes, and to provide information to improve long-term survival; (B) continue and expand programs to provide physicians and the public with state-of-the-art information on the treatment of particular forms of cancers, and to identify those clinical trials that might benefit patients while advancing knowledge of cancer treatment; (C) assess the incorporation of state-of-the-art cancer treatments into clinical practice and the extent to which cancer patients receive such treatments and include the results of such assessments in the biennial reports required under section 284b of this title; (D) maintain and operate the International Cancer Research Data Bank, which shall collect, catalog, store, and disseminate insofar as feasible the results of cancer research and treatment undertaken in any country for the use of any person involved in cancer research and treatment in any country; and (E) to the extent practicable, in disseminating the results of such cancer research and treatment, utilize information systems available to the public. (b) The Director of the Institute in carrying out the National Cancer Program - (1) shall establish or support the large-scale production or distribution of specialized biological materials and other therapeutic substances for cancer research and set standards of safety and care for persons using such materials; (2) shall, in consultation with the advisory council for the Institute, support (A) research in the cancer field outside the United States by highly qualified foreign nationals which can be expected to benefit the American people, (B) collaborative research involving American and foreign participants, and (C) the training of American scientists abroad and foreign scientists in the United States; (3) shall, in consultation with the advisory council for the Institute, support appropriate programs of education and training (including continuing education and laboratory and clinical research training); (4) shall encourage and coordinate cancer research by industrial concerns where such concerns evidence a particular capability for such research; (5) may obtain (after consultation with the advisory council for the Institute and in accordance with section 3109 of title 5, but without regard to the limitation in such section on the period of service) the services of not more than one hundred and fifty-one experts or consultants who have scientific or professional qualifications; (6)(A) may, in consultation with the advisory council for the Institute, acquire, construct, improve, repair, operate, and maintain laboratories, other research facilities, equipment, and such other real or personal property as the Director determines necessary; (B) may, in consultation with the advisory council for the Institute, make grants for construction or renovation of facilities; and (C) may, in consultation with the advisory council for the Institute, acquire, without regard to section 34 of title 40, by lease or otherwise through the Administrator of General Services, buildings or parts of buildings in the District of Columbia or communities located adjacent to the District of Columbia for the use of the Institute for a period not to exceed ten years; (7) may, in consultation with the advisory council for the Institute, appoint one or more advisory committees composed of such private citizens and officials of Federal, State, and local governments to advise the Director with respect to the Director's functions; (8) may, subject to section 284(b)(2) of this title and without regard to section 3324 of title 31 and section 5 of title 41, enter into such contracts, leases, cooperative agreements, as may be necessary in the conduct of functions of the Director, with any public agency, or with any person, firm, association, corporation, or educational institution; and (9)(A) shall, notwithstanding section 284(a) of this title, prepare and submit, directly to the President for review and transmittal to Congress, an annual budget estimate (including an estimate of the number and type of personnel needs for the Institute) for the National Cancer Program, after reasonable opportunity for comment (but without change) by the Secretary, the Director of NIH, and the Institute's advisory council; and (B) may receive from the President and the Office of Management and Budget directly all funds appropriated by Congress for obligation and expenditure by the Institute. Except as otherwise provided, experts and consultants whose services are obtained under paragraph (5) shall be paid or reimbursed, in accordance with title 5 for their travel to and from their place of service and for other expenses associated with their assignment. Such expenses shall not be allowed in connection with the assignment of an expert or consultant whose services are obtained under paragraph (5) unless the expert or consultant has agreed in writing to complete the entire period of the assignment or one year of the assignment, whichever is shorter, unless separated or reassigned for reasons which are beyond the control of the expert or consultant and which are acceptable to the Director of the Institute. If the expert or consultant violates the agreement, the money spent by the United States for such expenses is recoverable from the expert or consultant as a debt due the United States. The Secretary may waive in whole or in part a right of recovery under the preceding sentence. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 413, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 833, and amended Nov. 4, 1988, Pub. L. 100-607, title I, Sec. 122, 102 Stat. 3054; Aug. 16, 1989, Pub. L. 101-93, Sec. 5(c), 103 Stat. 611.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 relating to reimbursement for travel expenses, referred to in subsec. (b), are classified generally to section 5701 et seq. of Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1989 - Subsec. (a)(1). Pub. L. 101-93 substituted 'Institute and' for 'Institute and and'. 1988 - Subsec. (a). Pub. L. 100-607, Sec. 122(1), designated existing provisions as par. (1), substituted 'education program' for 'education center', inserted 'and the public and between the Institute and' after 'between the Institute', and added par. (2). Subsec. (b)(5). Pub. L. 100-607, Sec. 122(2)(A), substituted 'after consultation with' for 'with the approval of'. Subsec. (b)(8) to (10). Pub. L. 100-607, Sec. 122(2)(B), inserted 'and' after 'or educational institution;' in par. (8), redesignated par. (10) as (9), and struck out former par. (9) which related to International Cancer Research Data Bank. ------DocID 45042 Document 1286 of 1400------ -CITE- 42 USC subpart 2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 2 -HEAD- subpart 2 - national heart, lung, and blood institute ------DocID 45045 Document 1287 of 1400------ -CITE- 42 USC Sec. 285b-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 2 -HEAD- Sec. 285b-2. Information and education -STATUTE- The Director of the Institute shall collect, identify, analyze, and disseminate on a timely basis, through publications and other appropriate means, to patients, families of patients, physicians and other health professionals, and the general public, information on research, prevention, diagnosis, and treatment of heart, blood vessel, lung, and blood diseases, the maintenance of health to reduce the incidence of such diseases, and on the use of blood and blood products and the management of blood resources. In carrying out this section, the Director of the Institute shall place special emphasis upon the utilization of collaborative efforts with both the public and private sectors to - (1) increase the awareness and knowledge of health care professionals and the public regarding the prevention of heart and blood vessel, lung, and blood diseases and the utilization of blood resources; and (2) develop and disseminate to health professionals, patients and patient families, and the public information designed to encourage adults and children to adopt healthful practices concerning the prevention of such diseases. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 420, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 837, and amended Nov. 4, 1988, Pub. L. 100-607, title I, Sec. 126, 102 Stat. 3055.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-607 amended second sentence generally. Prior to amendment, second sentence read as follows: 'In carrying out this section the Director of the Institute shall place special emphasis upon - '(1) the dissemination of information regarding diet and nutrition, environmental pollutants, exercise, stress, hypertension, cigarette smoking, weight control, and other factors affecting the prevention of arteriosclerosis and other cardiovascular diseases and of pulmonary and blood diseases; and '(2) the dissemination of information designed to encourage children to adopt healthful habits respecting the risk factors related to the prevention of such diseases.' ------DocID 45053 Document 1288 of 1400------ -CITE- 42 USC Sec. 285c-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 3 -HEAD- Sec. 285c-2. Division Directors for Diabetes, Endocrinology, and Metabolic Diseases, Digestive Diseases and Nutrition, and Kidney, Urologic, and Hematologic Diseases; functions -STATUTE- (a)(1) In the Institute there shall be a Division Director for Diabetes, Endocrinology, and Metabolic Diseases, a Division Director for Digestive Diseases and Nutrition, and a Division Director for Kidney, Urologic, and Hematologic Diseases. Such Division Directors, under the supervision of the Director of the Institute, shall be responsible for - (A) developing a coordinated plan (including recommendations for expenditures) for each of the national research institutes within the National Institutes of Health with respect to research and training concerning diabetes, endocrine and metabolic diseases, digestive diseases and nutrition, and kidney, urologic, and hematologic diseases; (B) assessing the adequacy of management approaches for the activities within such institutes concerning such diseases and nutrition and developing improved approaches if needed; (C) monitoring and reviewing expenditures by such institutes concerning such diseases and nutrition; and (D) identifying research opportunities concerning such diseases and nutrition and recommending ways to utilize such opportunities. (2) The Director of the Institute shall transmit to the Director of NIH the plans, recommendations, and reviews of the Division Directors under subparagraphs (A) through (D) of paragraph (1) together with such comments and recommendations as the Director of the Institute determines appropriate. (b) The Director of the Institute, acting through the the (FOOTNOTE 1) Division Director for Diabetes, Endocrinology, and Metabolic Diseases, the Division Director for Digestive Diseases and Nutrition, and the Division Director for Kidney, Urologic, and Hematologic Diseases, shall - (FOOTNOTE 1) So in original. (1) carry out programs of support for research and training (other than training for which National Research Service Awards may be made under section 288 of this title) in the diagnosis, prevention, and treatment of diabetes mellitus and endocrine and metabolic diseases, digestive diseases and nutritional disorders, and kidney, urologic, and hematologic diseases, including support for training in medical schools, graduate clinical training, graduate training in epidemiology, epidemiology studies, clinical trials, and interdisciplinary research programs; and (2) establish programs of evaluation, planning, and dissemination of knowledge related to such research and training. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 428, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 842.) ------DocID 45062 Document 1289 of 1400------ -CITE- 42 USC Sec. 285d-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 4 -HEAD- Sec. 285d-2. Research and training -STATUTE- The Director of the Institute shall - (1) carry out programs of support for research and training (other than training for which National Research Service Awards may be made under section 288 of this title) in the diagnosis, prevention, and treatment of arthritis and musculoskeletal and skin diseases, including support for training in medical schools, graduate clinical training, graduate training in epidemiology, epidemiology studies, clinical trials, and interdisciplinary research programs; and (2) establish programs of evaluation, planning, and dissemination of knowledge related to such research and training. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 437, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 849.) ------DocID 45071 Document 1290 of 1400------ -CITE- 42 USC Sec. 285e-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 5 -HEAD- Sec. 285e-2. Alzheimer's Disease centers -STATUTE- (a) Cooperative agreements and grants for establishing and supporting (1) The Director of the Institute may enter into cooperative agreements with and make grants to public or private nonprofit entities (including university medical centers) to pay all or part of the cost of planning, establishing, or strengthening, and providing basic operating support (including staffing) for centers for basic and clinical research (including multidisciplinary research) into, training in, and demonstration of advanced diagnostic, prevention, and treatment methods for Alzheimer's disease. (2) A cooperative agreement or grant under paragraph (1) shall be entered into in accordance with policies established by the Director of NIH and after consultation with the Institute's advisory council. (b) Use of Federal payments under cooperative agreement or grant (1) Federal payments made under a cooperative agreement or grant under subsection (a) of this section may, with respect to Alzheimer's disease, be used for - (A) diagnostic examinations, patient assessments, patient care costs, and other costs necessary for conducting research; (B) training, including training for allied health professionals; (C) diagnostic and treatment clinics designed to meet the special needs of minority and rural populations and other underserved populations; (D) activities to educate the public; and (E) the dissemination of information. (2) For purposes of paragraph (1), the term 'training' does not include research training for which National Research Service Awards may be provided under section 288 of this title. (c) Support period; additional periods Support of a center under subsection (a) of this section may be for a period of not to exceed five years. Such period may be extended by the Director for additional periods of not more than five years each if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 445, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 855, and amended Nov. 15, 1990, Pub. L. 101-557, title II, Sec. 201, 104 Stat. 2767.) -MISC1- AMENDMENTS 1990 - Subsec. (a)(1). Pub. L. 101-557, Sec. 201(1), inserted '(including university medical centers)' after 'nonprofit entities', '(including staffing)' after 'operating support', and '(including multidisciplinary research)' after 'clinical research' and substituted 'Alzheimer's disease' for 'Alzheimer's Disease'. Subsec. (b). Pub. L. 101-557, Sec. 201(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'Federal payments made under a cooperative agreement or grant under subsection (a) of this section may be used for - '(1) construction (notwithstanding any limitation under section 289e of this title); '(2) staffing and other basic operating costs, including such patient care costs as are required for research; '(3) training, including training for allied health professionals; and '(4) demonstration purposes. As used in this subsection, the term 'construction' does not include the acquisition of land, and the term 'training' does not include research training for which National Research Service Awards may be provided under section 288 of this title.' ALZHEIMER'S DISEASE RESEARCH Pub. L. 100-175, title III, Nov. 29, 1987, 101 Stat. 972, provided that: 'SEC. 301. REQUIREMENT FOR CLINICAL TRIALS. '(a) In General. - The Director of the National Institute on Aging shall provide for the conduct of clinical trials on the efficacy of the use of such promising therapeutic agents as have been or may be discovered and recommended for further scientific analysis by the National Institute on Aging and the Food and Drug Administration to treat individuals with Alzheimer's disease, to retard the progression of symptoms of Alzheimer's disease, or to improve the functioning of individuals with such disease. '(b) Rule of Construction. - Nothing in this title shall be construed to affect adversely any research being conducted as of the date of the enactment of this Act (Nov. 29, 1987). 'SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 'For the purpose of carrying out section 301, there is authorized to be appropriated $2,000,000 for fiscal year 1988.' ALZHEIMER'S DISEASE REGISTRY Section 12 of Pub. L. 99-158 provided that: '(a) Grant Authority. - The Director of the National Institute on Aging may make a grant to develop a registry for the collection of epidemiological data about Alzheimer's disease and its incidence in the United States, to train personnel in the collection of such data, and for other matters respecting such disease. '(b) Qualifications. - To qualify for a grant under subsection (a) an applicant shall - '(1) be an accredited school of medicine or public health which has expertise in the collection of epidemiological data about individuals with Alzheimer's disease and in the development of disease registries, and '(2) have access to a large patient population, including a patient population representative of diverse ethnic backgrounds. '(c) Authorization. - For grants under subsection (a), there are authorized to be appropriated $2,500,000 which shall remain available until expended or through fiscal year 1989, whichever occurs first.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 285e-4, 285e-5, 11212, 11221, 11251, 11261, 11292, 11293 of this title. ------DocID 45083 Document 1291 of 1400------ -CITE- 42 USC Sec. 285g-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 7 -HEAD- Sec. 285g-2. Mental retardation research -STATUTE- The Director of the Institute shall conduct and support research and related activities into the causes, prevention, and treatment of mental retardation. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 450, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 856.) ------DocID 45093 Document 1292 of 1400------ -CITE- 42 USC Sec. 285j-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 10 -HEAD- Sec. 285j-2. Bioengineering research -STATUTE- The Director of the Institute shall make grants or enter into contracts for research on the means to overcome paralysis of the extremities through electrical stimulation and the use of computers. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 459, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 857.) ------DocID 45101 Document 1293 of 1400------ -CITE- 42 USC Sec. 285m-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 13 -HEAD- Sec. 285m-2. Data System and Information Clearinghouse -STATUTE- (a) The Director of the Institute shall establish a National Deafness and Other Communication Disorders Data System for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with disorders of hearing or other communication processes, including where possible, data involving general populations for the purpose of identifying individuals at risk of developing such disorders. (b) The Director of the Institute shall establish a National Deafness and Other Communication Disorders Information Clearinghouse to facilitate and enhance, through the effective dissemination of information, knowledge and understanding of disorders of hearing and other communication processes by health professionals, patients, industry, and the public. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 464B, as added Oct. 28, 1988, Pub. L. 100-553, Sec. 2(4), 102 Stat. 2770, and Nov. 4, 1988, Pub. L. 100-607, title I, Sec. 101(4), 102 Stat. 3050, and amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2613(b)(2), 102 Stat. 4238.) -COD- CODIFICATION Pub. L. 100-553 and Pub. L. 100-607 contained identical provisions enacting this section. See 1988 Amendment note below. -MISC3- AMENDMENTS 1988 - Pub. L. 100-690 amended this section to read as if the amendments made by Pub. L. 100-607, which enacted this section, had not been enacted. See Codification note above. EFFECTIVE DATE OF 1988 AMENDMENT For effective date of amendment by Pub. L. 100-690, see section 2613(b)(1) of Pub. L. 100-690, set out as an Effect of Enactment of Similar Provisions note under section 285m of this title. ------DocID 45111 Document 1294 of 1400------ -CITE- 42 USC subpart 2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part D subpart 2 -HEAD- subpart 2 - financial assistance ------DocID 45114 Document 1295 of 1400------ -CITE- 42 USC Sec. 286b-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part D subpart 2 -HEAD- Sec. 286b-2. National Medical Libraries Assistance Advisory Board -STATUTE- (a) Board of Regents of National Library of Medicine to serve as The Board of Regents of the National Library of Medicine shall also serve as the National Medical Libraries Assistance Advisory Board (hereafter in this subpart referred to as the 'Board'). (b) Functions The Board shall advise and assist the Secretary in the preparation of general regulations and with respect to policy matters arising in the administration of this subpart. (c) Use of services of members by Secretary The Secretary may use the services of any member of the Board, in connection with matters related to the administration of this part for such periods, in addition to conference periods, as the Secretary may determine. (d) Compensation Appointed members of the Board who are not otherwise in the employ of the United States, while attending conferences of the Board or otherwise serving at the request of the Secretary in connection with the administration of this subpart, shall be entitled to receive compensation, per diem in lieu of subsistence, and travel expenses in the same manner and under the same conditions as that prescribed under section 210(c) of this title when attending conferences, traveling, or serving at the request of the Secretary in connection with the Board's function under this section. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 471, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 860.) -MISC1- TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. ------DocID 45128 Document 1296 of 1400------ -CITE- 42 USC subpart 2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part E subpart 2 -HEAD- subpart 2 - john e. fogarty international center for advanced study in health sciences ------DocID 45133 Document 1297 of 1400------ -CITE- 42 USC Sec. 287c-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part E subpart 3 -HEAD- Sec. 287c-2. Advisory council -STATUTE- (a) Appointment; functions and duties; acceptance of conditional gifts; subcommittees (1) The Secretary shall appoint an advisory council for the Center which shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies respecting such activities. (2) The advisory council for the Center may recommend to the Secretary acceptance, in accordance with section 300aaa of this title, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipping, or maintenance of facilities for the Center. (3) The advisory council for the Center - (A)(i) may make recommendations to the Director of the Center respecting research conducted at the Center, (ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects which show promise of making valuable contributions to human knowledge, and (iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; (B) may collect, by correspondence or by personal investigation, information as to studies which are being carried on in the United States or any other country as to the diseases, disorders, or other aspects of human health with respect to which the Center is concerned and with the approval of the Director of the Center make available such information through appropriate publications for the benefit of public and private health entities and health professions personnel and scientists and for the information of the general public; and (C) may appoint subcommittees and convene workshops and conferences. (b) Membership; ex officio members; compensation (1) The advisory council shall consist of ex officio members and not more than eighteen members appointed by the Secretary. (2) The ex officio members of the advisory council shall consist of - (A) the Secretary, the Director of NIH, the Director of the Center, the Chief Nursing Officer of the Veterans' Administration, the Assistant Secretary of Defense for Health Affairs, the Director of the Division of Nursing of the Health Resources and Services Administration (or the designees of such officers), and (B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions. (3) The members of the advisory council who are not ex officio members shall be appointed as follows: (A) Two-thirds of the members shall be appointed by the Secretary from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center. Of the members appointed pursuant to this subparagraph, at least seven shall be professional nurses who are recognized experts in the area of clinical practice, education, or research. (B) One-third of the members shall be appointed by the Secretary from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. (4) Members of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The other members of the advisory council shall receive, for each day (including traveltime) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for grade GS-18 of the General Schedule. (c) Term of office; vacancy; reappointment The term of office of an appointed member of the advisory council is four years, except that any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term and the Secretary shall make appointments to an advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. A member may serve after the expiration of the member's term until a successor has taken office. A member who has been appointed for a term of four years may not be reappointed to an advisory council before two years from the date of expiration of such term of office. If a vacancy occurs in the advisory council among the appointed members, the Secretary shall make an appointment to fill the vacancy within 90 days from the date the vacancy occurs. (d) Chairman; selection; term of office The chairman of the advisory council shall be selected by the Secretary from among the appointed members, except that the Secretary may select the Director of the Center to be the chairman of the advisory council. The term of office of the chairman shall be two years. (e) Meetings The advisory council shall meet at the call of the chairman or upon the request of the Director of the Center, but at least three times each fiscal year. The location of the meetings of the advisory council is subject to the approval of the Director of the Center. (f) Executive secretary; staff; orientation and training for new members The Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as it may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide them with such information and training as may be appropriate for their effective participation in the functions of the advisory council. (g) Material for inclusion in biennial report; additional reports The advisory council may prepare, for inclusion in the biennial report made under section 287c-3 of this title, (1) comments respecting the activities of the advisory council in the fiscal years respecting which the report is prepared, (2) comments on the progress of the Center in meeting its objectives, and (3) recommendations respecting the future directions and program and policy emphasis of the Center. The advisory council may prepare such additional reports as it may determine appropriate. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 485, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 867, and amended Aug. 18, 1990, Pub. L. 101-381, title I, Sec. 102(4), 104 Stat. 586.) -MISC1- AMENDMENTS 1990 - Subsec. (a)(2). Pub. L. 101-381 made technical amendment to reference to section 300aaa of this title to reflect renumbering of corresponding section of original act. -CHANGE- CHANGE OF NAME Reference to Veterans' Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -MISC4- TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, 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 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. 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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 287c-3 of this title. ------DocID 45158 Document 1298 of 1400------ -CITE- 42 USC Sec. 290aa-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III-A Part A -HEAD- Sec. 290aa-2. National Institute on Drug Abuse -STATUTE- (a) Establishment; functions; drug abuse prevention, treatment, and rehabilitation programs There is established the National Institute on Drug Abuse (hereinafter in this section referred to as the 'Institute') to administer the programs and authorities relating to drug abuse assigned to the Secretary by this chapter. The Secretary, acting through the Institute, shall, in carrying out the purpose of sections 241, 242, and 242a of this title with respect to drug abuse, develop and conduct comprehensive health, education, training, research, and planning programs for the prevention and treatment of drug abuse and for the rehabilitation of drug abusers. The Secretary shall carry out through the Institute the administrative and financial management, policy development and planning, evaluation, and public information functions which are required for the implementation of such programs and authorities. (b) Appointment of Director and employment and functions of officers and employees of Institute (1) The Institute shall be under the direction of a Director who shall be appointed by the Secretary. (2) The Director, with the approval of the Secretary, may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the programs and authorities to be carried out through the Institute. (c) Participation of certain related disciplines in programs of Institute The programs of the Institute shall be administered so as to encourage the broadest possible participation of professionals and paraprofessionals in the fields of medicine, science, the social sciences, and other related disciplines. (d) Information center; uniform methodology and technology; statistics The Secretary shall - (1) operate an information center for the collection, preparation, and dissemination of all information relating to drug abuse prevention functions, including information concerning State and local drug abuse treatment plans, and the availability of treatment resources, training and educational programs, statistics, research, and other pertinent data and information; (2) investigate and publish information concerning uniform methodology and technology for determining the extent and kind of drug use by individuals and effects which individuals are likely to experience from such use; and (3) gather and publish statistics pertaining to drug abuse and promulgate regulations specifying uniform statistics to be furnished, records to be maintained, and reports to be submitted, on a voluntary basis by public and private entities and individuals respecting drug abuse. -SOURCE- (July 1, 1944, ch. 373, title V, Sec. 503, formerly Pub. L. 92-255, title IV, Sec. 406(a), title V, Sec. 501, Mar. 21, 1972, 86 Stat. 78, 85, as amended Pub. L. 93-282, title II, Sec. 204, May 14, 1974, 88 Stat. 136; Pub. L. 94-237, Sec. 12(a), Mar. 19, 1976, 90 Stat. 247; Pub. L. 96-181, Sec. 10, Jan. 2, 1980, 93 Stat. 1314; Pub. L. 97-35, title IX, Sec. 968(a), 973(f), Aug. 13, 1981, 95 Stat. 595, 598; renumbered Sec. 503 of act July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98-24, Sec. 2(b)(4), (5), 97 Stat. 177; Oct. 19, 1984, Pub. L. 98-509, title II, Sec. 202, 205(b)(1), 98 Stat. 2360, 2361; Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4005(b)(2), 100 Stat. 3207-114.) -COD- CODIFICATION Prior to renumbering by Pub. L. 98-24, subsecs. (a) to (d) of this section were subsecs. (a) to (d) of section 501 of Pub. L. 92-255, which was classified to section 1191 of Title 21, Food and Drugs, and subsec. (e) of this section was subsec. (a) of section 406 of Pub. L. 92-255, which was classified to section 1173(a) of Title 21. -MISC3- PRIOR PROVISIONS A prior section 503 of act July 1, 1944, which was classified to section 221 of this title, was successively renumbered by subsequent acts and transferred, see section 300aaa-2 of this title. AMENDMENTS 1986 - Subsec. (d)(4). Pub. L. 99-570 struck out par. (4) which required the Secretary to prepare for distribution announcements for television to educate the public concerning the dangers resulting from the consumption of drugs and, to the extent feasible, use appropriate private organizations and business concerns in the preparation of such announcements'. 1984 - Subsec. (d). Pub. L. 98-509, Sec. 202, redesignated subsec. (e) as (d) and struck out former subsec. (d) which directed the Director to make special efforts to develop and coordinate prevention, treatment, research, and administrative policies and programs focusing on the needs of underserved populations and to include in the annual report to the President and the Congress required by section 1172(b) of title 21 a description of the actions taken by the Director under subsec. (d). Subsec. (d)(4). Pub. L. 98-509, Sec. 205(b)(1), added par. (4). Notwithstanding directory language that amendment be made to subsec. (e), amendment was executed to subsec. (d) to reflect the probable intent of Congress and the intervening redesignation of subsec. (e) as (d) by section 202 of Pub. L. 98-509. Subsec. (e). Pub. L. 98-509, Sec. 202, redesignated subsec. (e) as (d). 1983 - Pub. L. 98-24, Sec. 2(b)(4), (5), renumbered sections 1191 and 1173(a) of Title 21, Food and Drugs, as subsecs. (a) to (d) and (e), respectively, of this section. Subsec. (a). Pub. L. 98-24, Sec. 2(b)(4)(A), substituted 'this section' for 'this subchapter', meaning subchapter V (Sec. 1191 et seq.) of chapter 16 of title 21, substituted 'relating to drug abuse assigned to the Secretary by this chapter' for 'of the Secretary of Health and Human Services (hereinafter in this subchapter referred to as the 'Secretary') with respect to drug abuse prevention functions', and made a technical amendment to reference to sections 241, 242, and 242a of this title to reflect the transfer of this section to the Public Health Service Act. Subsec. (b)(1). Pub. L. 98-24, Sec. 2(b)(4)(B), struck out '(hereinafter in this subchapter referred to as the 'Director')' after 'Director'. 1981 - Subsec. (a). Pub. L. 97-35, Sec. 973(f), substituted 'Health and Human Services' for 'Health, Education, and Welfare'. Subsec. (e)(4). Pub. L. 97-35, Sec. 968(a), struck out par. (4) which related to review and publication functions of the Secretary. 1980 - Subsec. (d). Pub. L. 96-181 added subsec. (d). 1976 - Subsec. (a). Pub. L. 94-237, Sec. 12(a)(1), substituted 'subchapter' for 'section' wherever appearing. Subsec. (b)(1). Pub. L. 94-237, Sec. 12(a)(2), inserted '(hereinafter in this subchapter referred to as the 'Director')' after 'Director'. 1974 - Subsec. (a). Pub. L. 93-282 struck out provisions for establishment of the Institute effective Dec. 31, 1974, and for such establishment in the National Institue of Mental Health, inserted references to sections 242 and 242a of this title, and required the Secretary to carry out through the Institute the administrative and financial management, policy development and planning, evaluation, and public information functions required for implementation of prescribed programs and authorities. Subsec. (b). Pub. L. 93-282 designated existing provisions as par. (1) and added par. (2). ------DocID 45177 Document 1299 of 1400------ -CITE- 42 USC Sec. 290bb-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III-A Part B subpart 1 -HEAD- Sec. 290bb-2. Authorization of appropriations -STATUTE- (a) There are authorized to be appropriated to carry out this subpart $69,000,000 for fiscal year 1987, and such sums as may be necessary for each of the fiscal years 1989 through 1991. (b) There are authorized to be appropriated to carry out section 290bb-1a(c) of this title such sums as may be necessary for each of the fiscal years 1991 through 1993. -SOURCE- (July 1, 1944, ch. 373, title V, Sec. 513, formerly Sec. 512, formerly Pub. L. 91-616, title V, Sec. 504, formerly Sec. 503, as added Pub. L. 94-371, Sec. 7, July 26, 1976, 90 Stat. 1039, and amended Pub. L. 96-180, Sec. 15, Jan. 2, 1980, 93 Stat. 1305; renumbered Sec. 504 of Pub. L. 91-616 and amended Pub. L. 97-35, title IX, Sec. 965(a), (c), Aug. 13, 1981, 95 Stat. 594; Pub. L. 97-414, Sec. 9(e), Jan. 4, 1983, 96 Stat. 2064; renumbered Sec. 512 of act July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98-24, Sec. 2(b)(9), 97 Stat. 179; renumbered Sec. 513 and amended Oct. 19, 1984, Pub. L. 98-509, title II, Sec. 206(a), 207(a), 98 Stat. 2361, 2362; Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4010(a), 100 Stat. 3207-115; July 22, 1987, Pub. L. 100-77, title VI, Sec. 613(c), 101 Stat. 524; Nov. 4, 1988, Pub. L. 100-607, title VIII, Sec. 822, 102 Stat. 3171; Nov. 7, 1988, Pub. L. 100-628, title VI, Sec. 622, 102 Stat. 3244; Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2056(a), 102 Stat. 4211; Aug. 16, 1989, Pub. L. 101-93, Sec. 5(t)(1), 103 Stat. 615; Nov. 29, 1990, Pub. L. 101-645, title V, Sec. 522, 104 Stat. 4734.) -COD- CODIFICATION Section was formerly classified to section 4588 of this title prior to renumbering by Pub. L. 98-24. -MISC3- PRIOR PROVISIONS A prior section 513 of act July 1, 1944, which was classified to section 229b of this title, was successively renumbered by subsequent acts and transferred, see section 300aaa-10 of this title. AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-645 substituted 'such sums as may be necessary for each of the fiscal years 1991 through 1993' for '$14,000,000 for fiscal year 1989, $17,000,000 for fiscal year 1990, and such sums as may be necessary for fiscal year 1991'. 1989 - Subsec. (b). Pub. L. 101-93 directed that subsec. (b) of this section as similarly amended by title VIII of Pub. L. 100-607 and title VI of Pub. L. 100-628 be amended to read as if the amendments made by title VI of Pub. L. 100-628 had not been enacted. See 1988 Amendment note below. 1988 - Subsec. (a). Pub. L. 100-690 inserted provisions authorizing appropriation of sums necessary for each of fiscal years 1989 through 1991. Subsec. (b). Pub. L. 100-607 and Pub. L. 100-628 made identical amendments, amending subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'There is authorized to be appropriated to carry out section 290bb-1a(c) of this title $10,000,000 for fiscal year 1987.' 1987 - Subsec. (a). Pub. L. 100-77 designated existing provisions as subsec. (a) and added subsec. (b). 1986 - Pub. L. 99-570 amended section generally. Prior to amendment, section read as follows: 'There are authorized to be appropriated to carry out this subpart $33,484,000 for fiscal year 1983, $45,790,000 for fiscal year 1984, $52,000,000 for fiscal year 1985, and $61,000,000 for fiscal year 1986. Of the funds appropriated under this section for any fiscal year, not more than 35 per centum may be obligated for grants under section 290bb-1 of this title.' 1984 - Pub. L. 98-509, Sec. 207(a), inserted provisions authorizing appropriations of $52,000,000 for fiscal year 1985, and $61,000,000 for fiscal year 1986. 1983 - Pub. L. 98-24, Sec. 2(b)(9), renumbered section 4588 of this title as this section. Pub. L. 98-24, Sec. 2(b)(9)(C), amended section generally, striking out authorizations of $20,000,000 for fiscal year 1977, $24,000,000 for fiscal year 1978, $28,000,000 for fiscal year 1979, $28,000,000 for fiscal year 1980, $28,000,000 for fiscal year 1981, and $25,000,000 for fiscal year 1982, inserting provisions relating to fiscal years 1983 and 1984, and substituting provisions that, of the funds appropriated under this section for any fiscal year, not more than 35 per centum may be obligated for grants under section 290bb-1 of this title, for provision that, of the funds appropriated for any fiscal year beginning after Sept. 30, 1981, not more than 35 per centum might be obligated for grants under section 4587 of this title. Pub. L. 97-414 amended directory language of Pub. L. 97-35, Sec. 965(a), to strike out provisions inserting '(a)' before 'There are authorized'. 1981 - Pub. L. 97-35 transferred text of section 4587 of this title to this section and, as so transferred, inserted '(a)' before 'There are authorized', inserted provisions respecting appropriations for fiscal year ending Sept. 30, 1982, and obligation of funds, and substituted reference to this subchapter (section 4581 et seq. of this title), for reference to sections 4585 and 4586 of this title. Former text transferred to section 4587 of this title. 1980 - Pub. L. 96-180 authorized appropriation of $28,000,000 for fiscal years ending Sept. 30, 1980, and 1981. EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section 631 of Pub. L. 100-628, set out as a note under section 256 of this title. Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section 831 of Pub. L. 100-607, set out as a note under section 256 of this title. ------DocID 45178 Document 1300 of 1400------ -CITE- 42 USC subpart 2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III-A Part B subpart 2 -HEAD- subpart 2 - drug abuse research ------DocID 45181 Document 1301 of 1400------ -CITE- 42 USC Sec. 290cc-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III-A Part B subpart 2 -HEAD- Sec. 290cc-2. Authorization of appropriations -STATUTE- For the purpose of carrying out this subpart, there are authorized to be appropriated $129,000,000 for fiscal year 1987, $135,000,000 for fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990 and 1991. -SOURCE- (July 1, 1944, ch. 373, title V, Sec. 517, as added Oct. 19, 1984, Pub. L. 98-509, title II, Sec. 207(b), 98 Stat. 2363, and amended Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4010(b), 100 Stat. 3207-115; Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2056(b), 102 Stat. 4211; Aug. 15, 1990, Pub. L. 101-374, Sec. 3(a), 104 Stat. 457.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-374 substituted 'For the purpose of carrying out this subpart, there are authorized to be appropriated' for 'There are authorized to be appropriated to carry out section 290cc of this title'. 1988 - Pub. L. 100-690 substituted 'section 290cc of this title' for 'this subpart' and authorized appropriation of $135,000,000 for fiscal year 1989, and necessary sums for each of fiscal years 1990 and 1991. 1986 - Pub. L. 99-570 amended section generally. Prior to amendment, section read as follows: 'There are authorized to carry out this subpart $68,000,000 for fiscal year 1985 and $74,000,000 for fiscal year 1986.' EFFECTIVE DATE OF 1990 AMENDMENT Section 3(b) of Pub. L. 101-374 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect October 1, 1990, or upon the date of the enactment of this Act (Aug. 15, 1990), whichever occurs later.' ------DocID 45206 Document 1302 of 1400------ -CITE- 42 USC Sec. 290dd-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III-A Part D subpart 1 -HEAD- Sec. 290dd-2. Admission of alcohol abusers and alcoholics to general hospitals and outpatient facilities -STATUTE- (a) Discrimination prohibition against private or public hospitals and outpatient facilities receiving any Federal support Alcohol abusers and alcoholics who are suffering from medical conditions shall not be discriminated against in admission or treatment, solely because of their alcohol abuse or alcoholism, by any private or public general hospital, or outpatient facility (as defined in section 300s-3(6) (FOOTNOTE 1) of this title) which receives support in any form from any program supported in whole or in part by funds appropriated to any Federal department or agency. (FOOTNOTE 1) See References in Text note below. (b) Regulations of Secretary: enforcement procedures, suspension or revocation of Federal support (1) The Secretary shall issue regulations not later than December 31, 1976 for the enforcement of the policy of subsection (a) of this section with respect to the admission and treatment of alcohol abusers and alcoholics in hospitals or outpatient facilities which receive support of any kind from any program administered by the Secretary. Such regulations shall include procedures for determining (after opportunity for a hearing if requested) if a violation of subsection (a) of this section has occurred, notification of failure to comply with such subsection, and opportunity for a violator to comply with such subsection. If the Secretary determines that a hospital or outpatient facility subject to such regulations has violated subsection (a) of this section and such violation continues after an opportunity has been afforded for compliance, the Secretary may suspend or revoke, after opportunity for a hearing, all or part of any support of any kind received by such hospital or outpatient facility from any program administered by the Secretary. The Secretary may consult with the officials responsible for the administration of any other Federal program from which such hospital or outpatient facility receives support of any kind, with respect to the suspension or revocation of such other Federal support for such hospital or outpatient facility. (2) Superseded. Pub. L. 94-581, title I, Sec. 111(c)(1), Oct. 21, 1976, 90 Stat. 2852. -SOURCE- (July 1, 1944, ch. 373, title V, Sec. 543, formerly Pub. L. 91-616, title III, Sec. 321, Dec. 31, 1970, 84 Stat. 1852, as amended Pub. L. 93-282, title I, Sec. 121(a), May 14, 1974, 88 Stat. 130; Pub. L. 94-371, Sec. 11(a), (b), July 26, 1976, 90 Stat. 1041; Pub. L. 94-581, title I, Sec. 111(c)(1), Oct. 21, 1976, 90 Stat. 2852; renumbered Sec. 522 of act July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98-24, Sec. 2(b)(13), 97 Stat. 181; renumbered Sec. 543, July 22, 1987, Pub. L. 100-77, title VI, Sec. 611(2), 101 Stat. 516.) -REFTEXT- REFERENCES IN TEXT Paragraph (6) of section 300s-3 of this title, referred to in subsec. (a), was redesignated as par. (4) by Pub. L. 96-79, title II, Sec. 203(e)(1), Oct. 4, 1978, 93 Stat. 635. -COD- CODIFICATION Section was formerly classified to section 4581 of this title prior to renumbering by Pub. L. 98-24. -MISC3- AMENDMENTS 1983 - Pub. L. 98-24, Sec. 2(b)(13), renumbered section 4581 of this title as this section. Subsec. (a). Pub. L. 98-24, Sec. 2(b)(13)(C), made a technical amendment to reference to section 300s-3 of this title. 1976 - Subsec. (a). Pub. L. 94-371, Sec. 11(a), inserted ', or outpatient facility (as defined in section 300s-3(6) of this title)' after 'hospital'. Subsec. (b)(1). Pub. L. 94-371, Sec. 11(b), inserted 'and outpatient facilities' after 'hospitals', and 'or outpatient facility' after 'hospital' wherever appearing, and substituted 'shall issue regulations not later than December 31, 1976' for 'is authorized to make regulations'. Subsec. (b)(2). Pub. L. 94-581 provided that subsec. (b)(2), which directed the Administrator of Veteran's Affairs, through the Chief Medical Director, to prescribe regulations making applicable the regulations prescribed by the Secretary under subsec. (b)(1) to the provision of hospital care, nursing home care, domiciliary care, and medical services under title 38 to veterans suffering from alcohol abuse or alcoholism and to consult with the Secretary in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they each prescribed, was superseded by section 4131 et seq. of Title 38, Veterans' Benefits. 1974 - Subsec. (a). Pub. L. 93-282, in revising text, prohibited discrimination because of alcohol abuse, substituted provisions respecting eligibility for admission and treatment based on suffering from medical conditions for former provision based on medical need and ineligibility, because of discrimination, for support in any form from any program supported in whole or in part by funds appropriated to any Federal department or agency for former requirement for treatment by a general hospital which received Federal funds, and deleted prohibition against receiving Federal financial assistance for violation of section and for termination of Federal assistance on failure to comply, now incorporated in regulation authorization of subsec. (b) of this section. Subsec. (b). Pub. L. 93-282 substituted provisions respecting issuance of regulations by the Secretary concerning enforcement procedures and suspension or revocation of Federal support and by the Administrator concerning applicable regulations for veterans, and for coordination of the respective regulations for former provisions respecting judicial review. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section 211 of Pub. L. 94-581, set out as a note under section 111 of Title 38, Veterans' Benefits. REPORT OF ADMINISTRATOR OF VETERANS' AFFAIRS TO CONGRESSIONAL COMMITTEES; PUBLICATION IN FEDERAL REGISTER Section 121(b) of Pub. L. 93-282, which directed the Administrator of Veterans' Affairs to submit to the appropriate committees of the House of Representatives and the Senate a full report (1) on the regulations (including guidelines, policies, and procedures thereunder) he had prescribed pursuant to section 321(b)(2) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (former subsec. (b)(2) of this section), (2) explaining the bases for any inconsistency between such regulations and regulations of the Secretary under section 321(b)(1) of such Act (subsec. (b)(1) of this section), (3) on the extent, substance, and results of his consultations with the Secretary respecting the prescribing and implementation of the Administrator's regulations, and (4) containing such recommendations for legislation and administrative actions as he determined were necessary and desirable, with the Administrator to submit the report not later than sixty days after the effective date of the regulations prescribed by the Secretary under such section 321(b)(1) (subsec. (b)(1) of this section), and to publish such report in the Federal Register, was characterized by section 111(c)(5) of Pub. L. 94-581 as having been superseded by section 4134 of Title 38, Veterans' Benefits. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 290dd of this title. ------DocID 45208 Document 1303 of 1400------ -CITE- 42 USC subpart 2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III-A Part D subpart 2 -HEAD- subpart 2 - provisions relating to drug abuse ------DocID 45211 Document 1304 of 1400------ -CITE- 42 USC Sec. 290ee-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III-A Part D subpart 2 -HEAD- Sec. 290ee-2. Admission of drug abusers to private and public hospitals -STATUTE- (a) Discrimination prohibited Drug abusers who are suffering from medical conditions shall not be discriminated against in admission or treatment, solely because of their drug abuse or drug dependence, by any private or public general hospital which receives support in any form from any program supported in whole or in part by funds appropriated to any Federal department or agency. (b) Regulations; suspension or revocation of Federal support (1) The Secretary is authorized to make regulations for the enforcement of the policy of subsection (a) of this section with respect to the admission and treatment of drug abusers in hospitals which receive support of any kind from any program administered by the Secretary. Such regulations shall include procedures for determining (after opportunity for a hearing if requested) if a violation of subsection (a) of this section has occurred, notification of failure to comply with such subsection, and opportunity for a violator to comply with such subsection. If the Secretary determines that a hospital subject to such regulations has violated subsection (a) of this section and such violation continues after an opportunity has been afforded for compliance, the Secretary may suspend or revoke, after opportunity for a hearing, all or part of any support of any kind received by such hospital from any program administered by the Secretary. The Secretary may consult with the officials responsible for the administration of any other Federal program from which such hospital receives support of any kind, with respect to the suspension or revocation of such other Federal support for such hospital. (2) Superseded. Pub. L. 94-581, title I, Sec. 111(c)(2), Oct. 21, 1976, 90 Stat. 2852. -SOURCE- (July 1, 1944, ch. 373, title V, Sec. 547, formerly Pub. L. 92-255, title IV, Sec. 407, Mar. 21, 1972, 86 Stat. 78, as amended Pub. L. 94-237, Sec. 6(a), Mar. 19, 1976, 90 Stat. 244; Pub. L. 94-581, title I, Sec. 111(c)(2), Oct. 21, 1976, 90 Stat. 2852; renumbered Sec. 526 of act July 1, 1944, Apr. 26, 1983. Pub. L. 98-24, Sec. 2(b)(16)(B), 97 Stat. 182; renumbered Sec. 547, July 22, 1987, Pub. L. 100-77, title VI, Sec. 611(2), 101 Stat. 516.) -COD- CODIFICATION Section was formerly classified to section 1174 of Title 21, Food and Drugs, prior to its renumbering by Pub. L. 98-24. -MISC3- AMENDMENTS 1983 - Pub. L. 98-24, Sec. 2(b)(16)(B), renumbered section 1174 of Title 21, Food and Drugs, as this section, and revised section catchline. 1976 - Subsec. (a). Pub. L. 94-237 struck out 'emergency' after 'suffering from' and substituted 'discriminated against in' for 'refused'. Subsec. (b). Pub. L. 94-581 provided that par. (2), which directed the Administrator of Veterans' Affairs, through the Chief Medical Director to prescribe regulations making applicable the regulations prescribed by the Secretary under subsec. (b)(1) to the provision of hospital care, nursing home care, domiciliary care, and medical services under title 38 to veterans suffering from drug abuse or drug dependence and to consult with the Secretary in order to achieve the maximum possible coordination, of the regulations, and the implementation thereof, which they each prescribed, was superseded by section 4131 et seq. of title 38. Pub. L. 94-237 redesignated existing provisions as par. (1), inserted provision relating to the administration and treatment of drug abusers in hospitals which receive support of any kind from any program administered by the Secretary, and added par. (2). EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section 211 of Pub. L. 94-581, set out as a note under section 111 of Title 38, Veterans' Benefits. REPORT OF ADMINISTRATOR OF VETERANS' AFFAIRS TO CONGRESSIONAL COMMITTEES; PUBLICATION IN FEDERAL REGISTER Section 6(b) of Pub. L. 94-237, which directed the Administrator of Veterans' Affairs to submit to the appropriate committees of the House of Representatives and the Senate a full report (1) on the regulations (including guidelines, policies, and procedures thereunder) he had prescribed pursuant to section 407(b)(2) of the Act (former subsec. (b)(2) of this section), (2) explaining the basis for any inconsistency between such regulations and regulations of the Secretary under section 407(b)(1) of the Act (subsec. (b)(1) of this section), (3) on the extent, substance, and results of his consultations with the Secretary respecting the prescribing and implementation of the Administrator's regulations, and (4) containing such recommendations for legislation and administrative actions as he determined were necessary and desirable, with the Administrator to submit the report not later than sixty days after the effective date of the regulations prescribed by the Secretary under such section 407(b)(1) and to publish such report in the Federal Register, was characterized by section 111(c)(6) of Pub. L. 94-581 as having been superseded by section 4134 of Title 38, Veterans' Benefits. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 290ee of this title. ------DocID 45230 Document 1305 of 1400------ -CITE- 42 USC Sec. 291j-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER IV Part B -HEAD- Sec. 291j-2. Allocation among States -STATUTE- (a) Allotment regulations For each fiscal year, the total amount of principal of loans to nonprofit private agencies which may be guaranteed or loans to public agencies which may be directly made under this part shall be allotted by the Secretary among the States, in accordance with regulations, on the basis of each State's relative population, financial need, need for construction of the facilities referred to in section 291j-1(a) of this title, and need for modernization of such facilities. (b) Reallotment Any amount allotted under subsection (a) of this section to a State for a fiscal year ending before July 1, 1973, and remaining unobligated at the end of such year shall remain available to such State, for the purpose for which made, for the next two fiscal years (and for such years only), and any such amount shall be in addition to the amounts allotted to such State for such purpose for each of such next two fiscal years; except that, with the consent of any such State, any such amount remaining unobligated at the end of the first of such next fiscal year may be reallotted (on such basis as the Secretary deems equitable and consistent with the purposes of this subchapter) to other States which have need therefor. Any amounts so reallotted to a State shall be available for the purposes for which made until the close of the second such next two fiscal years and shall be in addition to the amount allotted and available to such State for the same period. (c) Time of availability of amounts for subsequent allotment Any amount allotted or reallotted to a State under this section for a fiscal year shall not, until the expiration of the period during which it is available for obligation, be considered as available for allotment for a subsequent fiscal year. (d) Modernization or construction commenced on or after January 1, 1968 The allotments of any State under subsection (a) of this section for the fiscal year ending June 30, 1971, and the succeeding fiscal year shall also be available to guarantee loans with respect to any project, for modernization or construction of a nonprofit private hospital or other health facility referred to in section 291j-1(a)(1) of this title, if the modernization or construction of such facility was not commenced earlier than January 1, 1968, and if the State certifies and the Secretary finds that without such guaranteed loan such facility could not be completed and begin to operate or could not continue to operate, but with such guaranteed loan would be able to do so: Provided, That this subsection shall not apply to more than two projects in any one State. -SOURCE- (July 1, 1944, ch. 373, title VI, Sec. 622, as added June 30, 1970, Pub. L. 91-296, title II, Sec. 201, 84 Stat. 345.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 291j-3 of this title. ------DocID 45296 Document 1306 of 1400------ -CITE- 42 USC Sec. 294q-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER V Part C subpart ii -HEAD- Sec. 294q-2. Procedures for appeal of terminations -STATUTE- In any case in which the Secretary intends to terminate an agreement with a school under this subpart, the Secretary shall provide the school with a written notice specifying such intention and stating that the school may request a formal hearing with respect to such termination. If the school requests such a hearing within 30 days after the receipt of such notice, the Secretary shall provide such school with a hearing conducted by an administrative law judge. -SOURCE- (July 1, 1944, ch. 373, title VII, Sec. 746, as added Oct. 22, 1985, Pub. L. 99-129, title II, Sec. 209(h)(2), 99 Stat. 536.) -MISC1- EFFECTIVE DATE Section effective June 30, 1984, see section 228(b)(4) of Pub. L. 99-129, set out as an Effective Date of 1985 Amendment note under section 254l of this title. ------DocID 45317 Document 1307 of 1400------ -CITE- 42 USC Sec. 295g-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER V Part F -HEAD- Sec. 295g-2. Programs of excellence in health professions education for minorities -STATUTE- (a) In general The Secretary shall make grants to health profession (FOOTNOTE 1) schools described in subsection (c) of this section for the purpose of assisting the schools in supporting programs of excellence in health professions education for minority individuals. (FOOTNOTE 1) So in original. Probably should be 'professions'. (b) Required use of funds The Secretary may not make a grant under subsection (a) of this section unless the health professions school involved agrees to expend the grant - (1) to establish, strengthen, or expand programs to enhance the academic performance of minority students attending the school; (2) to establish, strengthen, or expand programs to increase the number and quality of minority applicants to the school; (3) to improve the capacity of such school to train, recruit, and retain minority faculty; (4) with respect to minority health issues, to carry out activities to improve the information resources and curricula of the school and clinical education at the school; and (5) to facilitate faculty and student research on health issues particularly affecting minority groups. (c) Centers of Excellence (1) In general (A) The health professions schools referred to in subsection (a) of this section are such schools that meet each of the conditions specified in subparagraph (B), and that - (i) meet each of the conditions specified in paragraph (2)(A); (ii) meet each of the conditions specified in paragraph (3); (iii) meet each of the conditions specified in paragraph (4); or (iv) meet each of the conditions specified in paragraph (5). (B) The conditions specified in this subparagraph are that a health professions school - (i) has a significant number of minority individuals enrolled in the school, including individuals accepted for enrollment in the school; (ii) has been effective in assisting minority students of the school to complete the program of education and receive the degree involved; (iii) has been effective in recruiting minority individuals to attend the school, including providing scholarships and other financial assistance to such individuals and encouraging minority students of secondary educational institutions to attend the health professions school; and (iv) has made significant recruitment efforts to increase the number of minority individuals serving in faculty or administrative positions at the school. (C) In the case of any criteria established by the Secretary for purposes of determining whether schools meet the conditions described in subparagraph (B), this section may not, with respect to racial and ethnic minorities, be construed to authorize, require, or prohibit the use of such criteria in any program other than the program established in this section. (2) Centers of Excellence at certain historically Black colleges and universities (A) The conditions specified in this subparagraph are that a health professions school - (i) is a school described in section 292a(4) of this title; and (ii) received a contract under section 295g-8b of this title for fiscal year 1987, as such section was in effect for such fiscal year. (B) In addition to the purposes described in subsection (b) of this section, a grant under subsection (a) of this section to a health professions school meeting the conditions described in subparagraph (A) may be expended - (i) to develop a plan to achieve institutional improvements, including financial independence, to enable the school to support programs of excellence in health professions education for minority individuals; and (ii) to provide improved access to the library and informational resources of the school. (3) Hispanic Centers of Excellence The conditions specified in this subparagraph are that - (A) with respect to Hispanic individuals, each of clauses (i) through (iv) of paragraph (1)(B) apply to the health professions school involved; and (B) the health professions school agree, (FOOTNOTE 2) as a condition of receiving a grant under subsection (a) of this section, that the school will, in carrying out the duties described in subsection (b) of this section, give priority to carrying out the duties with respect to Hispanic individuals. (FOOTNOTE 2) So in original. Probably should be 'agrees,'. (4) Native American Centers of Excellence The conditions specified in this paragraph are that - (A) with respect to Native Americans, each of clauses (i) through (iv) of paragraph (1)(B) apply to the health professions school involved; (B) the health professions school agree, (FOOTNOTE 2) as a condition of receiving a grant under subsection (a) of this section, that the school will, in carrying out the duties described in subsection (b) of this section, give priority to carrying out the duties with respect to Native Americans; and (C) the health professions school agree, (FOOTNOTE 2) as a condition of receiving a grant under subsection (a) of this section, that - (i) the school will establish an arrangement with 1 or more public or nonprofit private institutions of higher education whose enrollment of students has traditionally included a significant number of Native Americans, the purpose of which arrangement will be to carry out a program - (I) to identify Native American students of the institution who are interested in a career in the health profession or professions involved; and (II) to facilitate the educational preparation of such students to enter the health professions school; and (ii) the health professions school will make efforts to recruit Native American students, including students who have participated in the undergraduate program carried out under arrangements established by the school pursuant to subparagraph (A), and will assist Native American students regarding the completion of the educational requirements for a degree from the health professions school. (5) Other Centers of Excellence The conditions specified in this paragraph are that a health professions school has an enrollment of underrepresented minorities above the national average for such enrollments of health professions schools. (d) Designation as Center of Excellence (1) In general Any health professions school receiving a grant under subsection (a) of this section and meeting the conditions described in paragraph (2) or (5) of subsection (c) of this section shall, for purposes of this section, be designated by the Secretary as a Center of Excellence in Minority Health Professions Education. (2) Hispanic Centers of Excellence Any health professions school receiving a grant under subsection (a) of this section and meeting the conditions described in subsection (c)(3) of this section shall, for purposes of this section, be designated by the Secretary as a Hispanic Center of Excellence in Health Professions Education. (3) Native American Centers of Excellence Any health professions school receiving a grant under subsection (a) of this section and meeting the conditions described in subsection (c)(4) of this section shall, for purposes of this section, be designated by the Secretary as a Native American Center of Excellence in Health Professions Education. (e) Duration of grant The period during which payments are made under a grant under subsection (a) of this section may not exceed 3 years. Such payments shall be subject to annual approval by the Secretary and to the availability of appropriations for the fiscal year involved to make the payments. (f) Maintenance of effort (1) Non-Federal funds of public schools With respect to activities for which a grant under subsection (a) of this section is authorized to be expended, the Secretary may not, in the case of a public health professions school, make such a grant to the school for any fiscal year unless the school agrees to maintain expenditures of non-Federal amounts for such activities at a level equal to not less than the level of such expenditures maintained by the school for the fiscal year preceding the first fiscal year for which the school applies after fiscal year 1990 to receive such a grant. (2) Non-Federal funds of private schools (A) With respect to any non-Federal amounts received by a nonprofit private health professions school and available for carrying out activities for which a grant under subsection (a) of this section is authorized to be expended, the Secretary may not make such a grant to the school for any fiscal year unless, subject to subparagraph (B), the school agrees to maintain expenditures of such non-Federal amounts for such activities at a level equal to not less than the level of such expenditures maintained by the school for the fiscal year preceding the first fiscal year for which the school applies after fiscal year 1990 to receive such a grant. (B) The Secretary may require a nonprofit private health professions school to comply with an agreement made under subparagraph (A) by the school only to the extent of the level of non-Federal amounts available to the school for the activities to which the agreement applies. (3) Use of Federal funds With respect to any Federal amounts received by a health professions school and available for carrying out activities for which a grant under subsection (a) of this section is authorized to be expended, the Secretary may not make such a grant to the school for any fiscal year unless the school agrees that the school will, before expending the grant, expend the Federal amounts obtained from sources other than the grant. (g) Definitions For purposes of this section: (1)(A) The term 'health professions school' means, except as provided in subparagraph (B), a school of medicine, a school of dentistry, or a school of pharmacy. (B) The definition established in subparagraph (A) shall not apply to the use of the term 'health professions school' for purposes of subsection (c)(2) of this section. (2) The term 'program of excellence' means any program carried out by a health professions school with a grant made under subsection (a) of this section, if the program is for purposes for which the school involved is authorized in subsection (b) or (c) of this section to expend the grant. (3) The term 'Native Americans' means American Indians, Alaskan Natives, Aleuts, and Native Hawaiians. (h) Funding (1) Authorization of appropriations For the purpose of making grants under subsection (a) of this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1991 through 1993. (2) Allocations by Secretary (A) Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available the first $12,000,000 for grants under subsection (a) of this section to health professions schools meeting the conditions specified in paragraph (2)(A) of subsection (c) of this section (in addition to the conditions specified in paragraph (1)(B) of such subsection); and (B) Of the amounts appropriated under paragraph (1) for a fiscal year in excess of $12,000,000, the Secretary shall make available the first $2,500,000 for grants under subsection (a) of this section to health professions schools meeting the conditions specified in paragraph (3) or (4) of subsection (c) of this section (in addition to the conditions specified in paragraph (1)(B) of such subsection). (3) Additional priorities In making grants under subsection (a) of this section for a fiscal year from such amounts as are available for the grants after compliance with paragraph (2), the Secretary shall give priority to making grants to health professions schools meeting the conditions specified in any of paragraphs (3) through (5) of subsection (c) of this section (in addition to the conditions specified in paragraph (1)(B) of such subsection). -SOURCE- (July 1, 1944, ch. 373, title VII, Sec. 782, formerly Sec. 788A, as added Aug. 18, 1987, Pub. L. 100-97, Sec. 3, 101 Stat. 713; renumbered Sec. 782 and amended Nov. 4, 1988, Pub. L. 100-607, title VI, Sec. 614, 102 Stat. 3136; amended Aug. 16, 1989, Pub. L. 101-93, Sec. 5(i), 103 Stat. 613; Nov. 6, 1990, Pub. L. 101-527, Sec. 4(a), 104 Stat. 2318.) -COD- CODIFICATION Section was formerly classified to section 295g-8a of this title prior to renumbering by Pub. L. 100-607. -MISC3- PRIOR PROVISIONS A prior section 295g-2, act July 1, 1944, ch. 373, title VII, Sec. 782, as added Oct. 12, 1976, Pub. L. 94-484, title VIII, Sec. 801(a), 90 Stat. 2314, and amended Nov. 9, 1978, Pub. L. 95-623, Sec. 12(e), 92 Stat. 3457, which authorized the Secretary to make grants to schools of medicine and osteopathy for programs to train United States citizens formerly enrolled in medical schools in foreign countries, authorized appropriations for those grants, and set forth reporting requirements, was repealed by Pub. L. 99-129, title II, Sec. 220(d), Oct. 22, 1985, 99 Stat. 544. AMENDMENTS 1990 - Pub. L. 101-527 amended section generally, substituting present provisions for provisions which related to: in subsec. (a), grants for minority education to health professions schools and the uses of such grants; in subsec. (b), applications for grants; in subsec. (c), eligibility requirements; and in subsec. (d), authorization of appropriations. 1989 - Pub. L. 101-93, Sec. 5(i)(1), amended directory language of Pub. L. 100-607, Sec. 614(a), by substituting 'Section 788A' for 'Section 778A' as the number of the section of the Public Health Service Act to be renumbered. Subsec. (c)(2). Pub. L. 101-93, Sec. 5(i)(2), substituted 'under section 295g-8b of this title for fiscal year 1987 (as such section was in effect for such fiscal year)' for 'under section 788A for fiscal year 1987'. 1988 - Subsec. (b). Pub. L. 100-607, Sec. 614(b), inserted provisions which permitted Secretary to award grants for periods not to exceed 3 years. Subsec. (c). Pub. L. 100-607, Sec. 614(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: 'In order to be eligible for a grant under this section, a health professions school must - '(1) be a school described in section 292a(4) of this title; and '(2) have received a contract under section 295g-8b of this title for fiscal year 1987.' CONGRESSIONAL FINDINGS AND PURPOSES Section 2 of Pub. L. 100-97 provided that: '(a) The Congress makes the following findings: '(1) Minority health care needs are currently greater than the health care needs of the general population. '(2) While the number of health professionals has increased, there are still shortages of health professionals from minority groups and there has been a drop in the enrollment of minority individuals in some health professions education programs. '(3) Health professionals from minority groups have critical roles in serving low-income minority populations, particularly in inner-city areas and rural areas. '(4) Historically, minority schools have developed a special capacity to conduct activities to prepare health professionals to serve minority populations. '(5) Health professions schools which train a disproportionate number of minority students also provide a disproportionate amount of health care services to minority populations. '(6) A disproportionate number of minority students trained at the schools described in paragraph (5) choose to practice in underserved areas. '(7) In the United States - '(A) there are only 4 schools of medicine, 2 schools of dentistry, and 4 schools of pharmacy which focus predominantly on minority health professions education, and 40 percent of black physicians, 50 percent of all black dentists, and 25 percent of all black pharmacists have trained at one of those schools; and '(B) there is only 1 school of veterinary medicine which focuses predominantly on the training of minority students, and that school has trained 75 percent of all black veterinarians. '(b) The purposes of this Act (enacting this section and provisions set out as a note under section 201 of this title) are to - '(1) strengthen the national capacity to train minority students in the health professions; and '(2) support the health professions schools which have trained a significant number of the Nation's minority health professionals and enable those schools to supply health professionals to serve minority populations in underserved areas.' ------DocID 45339 Document 1308 of 1400------ -CITE- 42 USC Sec. 295h-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER V Part G subpart i -HEAD- Sec. 295h-2. Statistics and annual report -STATUTE- (a) Scope of information The Secretary shall, in coordination with the National Center for Health Statistics (established under section 242k of this title), continuously develop, publish, and disseminate on a nationwide basis statistics and other information respecting public and community health personnel, including - (1) detailed descriptions of the various types of activities in which public and community health personnel are engaged, (2) the current and anticipated needs for the various types of public and community health personnel, and (3) the number, employment, geographic locations, salaries, and surpluses and shortages of public and community health personnel, the educational and licensure requirements for the various types of such personnel, and the cost of training such personnel. (b) Personal data; consent for transfer; disclosure; program entity (1) The Secretary and each program entity shall in securing and maintaining any record of individually identifiable personal data (hereinafter in this subsection referred to as 'personal data') for purposes of this section - (A) inform any individual who is asked to supply personal data whether he is legally required, or may refuse, to supply such data and inform him of any specific consequences, known to the Secretary or program entity as the case may be, of providing or not providing such data; (B) upon request, inform any individual if he is the subject of personal data secured or maintained by the Secretary or program entity, as the case may be, and make the data available to him in a form comprehensible to him; (C) assure that no use is made of personal data which is not within the purposes of this section unless an informed consent has been obtained from the individual who is the subject of such data; and (D) upon request, inform any individual of the use being made of personal data respecting such individual and of the identity of the individuals and entities which will use the data and their relationship to the activities conducted under this section. (2) Any entity which maintains a record of personal data and which receives a request from the Secretary or a program entity to use such data for purposes of this section shall not transfer any such data to the Secretary or to a program entity unless the individual whose personal data is to be so transferred gives an informed consent for such transfer. (3)(A) Notwithstanding any other provision of law, personal data collected by the Secretary or any program entity for purposes of this section may not be made available or disclosed by the Secretary or any program entity to any person other than the individual who is the subject of such data unless (i) such person requires such data for purposes of this section, or (ii) in response to a demand for such data made by means of compulsory legal process. Any individual who is the subject of personal data made available or disclosed under clause (ii) shall be notified of the demand for such data. (B) Subject to all applicable laws regarding confidentiality, only the data collected by the Secretary under this section which is not personal data shall be made available to bona fide researchers and policy analysts (including the Congress) for the purposes of assisting in the conduct of studies respecting health professions personnel. (4) For purposes of this subsection, the term 'program entity' means any public or private entity which collects, compiles, or analyzes health professions data under an arrangement with the Secretary for purposes of this section. (c) Report to Congressional committees; legislative recommendations The Secretary shall submit biennially to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Labor and Human Resources of the Senate a report on - (1) the statistics and other information developed pursuant to subsection (a) of this section, and (2) the activities conducted under this subpart, including an evaluation of such activities. Such report shall contain such recommendations for legislation as the Secretary determines are needed to improve the programs authorized under this subpart. The Office of Management and Budget may review such report before its submission to such Committees, but the Office may not revise the report or delay its submission beyond the date prescribed for its submission and may submit to such Committees its comments respecting such report. The first report under this subsection shall be submitted not later than October 1, 1979. (d) 'Public and community health personnel' defined For purposes of this section, the term 'public and community health personnel' means individuals who are engaged in - (1) the planning, development, monitoring, or management of health care or health care institutions, organizations, or systems, (2) research on health care development and the collection and analysis of health statistics, data on the health of population groups, and any other health data, (3) the development and improvement of individual and community knowledge of health (including environmental health and preventive medicine) and the health care system, or (4) the planning and development of a healthful environment and control of environmental health hazards. -SOURCE- (July 1, 1944, ch. 373, title VII, Sec. 794, formerly Sec. 793, as added Oct. 12, 1976, Pub. L. 94-484, title VII, Sec. 701(a), 90 Stat. 2305, and amended S. Res. 4, Feb. 4, 1977; Nov. 9, 1978, Pub. L. 95-623, Sec. 12(g), 92 Stat. 3457; S. Res. 30, Mar. 7, 1979; H. Res. 549, Mar. 25, 1980; renumbered Sec. 794, Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec. 2746(f), 95 Stat. 928.) -MISC1- PRIOR PROVISIONS A prior section 794 of act July 1, 1944, ch. 373, title VII, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 2, 80 Stat. 1228, was classified to section 294h-3 of this title and was repealed by Pub. L. 91-519, title II, Sec. 202(d), Nov. 2, 1970, 84 Stat. 1345. A prior section 295h-2, act July 1, 1944, ch. 373, title VII, Sec. 793, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 2, 80 Stat. 1228, and amended Aug. 16, 1968, Pub. L. 90-490, title III, Sec. 301(a)(3), 82 Stat. 788; Nov. 2, 1970, Pub. L. 91-519, title II, Sec. 203, 84 Stat. 1436; June 18, 1973, Pub. L. 93-45, title I, Sec. 109(c), 87 Stat. 93; Oct. 12, 1976, Pub. L. 94-484, title I, Sec. 101(s)(3), 90 Stat. 2246, prior to its omission in the general amendment of this part by Pub. L. 94-484, title VII, Sec. 701(a), Oct. 12, 1976, 90 Stat. 2305, provided traineeships for advanced training of allied health professions personnel, including authorization of appropriations in amounts of $1,500,000; $2,500,000; $3,500,000; $5,000,000; $8,000,000; $10,000,000; $12,000,000; $6,000,000; $6,000,000; $6,000,000; and $3,900,000 for fiscal years ending June 30, 1967, through 1976, and Sept. 30, 1977. AMENDMENTS 1978 - Subsec. (c). Pub. L. 95-623 substituted requirement of a biennial for an annual report and extended date for submission of first report by Oct. 1, 1979, instead of Dec. 1, 1978. -CHANGE- CHANGE OF NAME Committee on Interstate and Foreign Commerce of the House of Representatives changed to Committee on Energy and Commerce immediately prior to noon on Jan. 3, 1981, by House Resolution 549, Ninety-sixth Congress, Mar. 25, 1980. Committee on Human Resources of the Senate changed to Committee on Labor and Human Resources effective Mar. 7, 1979, by Senate Resolution 30, 96th Congress. See, also, Rule XXV of Standing Rules of the Senate adopted Nov. 14, 1979. Committee on Labor and Public Welfare of the Senate abolished and replaced by Committee on Human Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the 'Committee System Reorganization Amendments of 1977'), approved Feb. 4, 1977. ------DocID 45391 Document 1309 of 1400------ -CITE- 42 USC Sec. 298b-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER VI Part C -HEAD- Sec. 298b-2. Prohibition against discrimination by schools on basis of sex -STATUTE- The Secretary may not make a grant, loan guarantee, or interest subsidy payment under this subchapter to, or for the benefit of, any school of nursing unless the application for the grant, loan guarantee, or interest subsidy payment contains assurances satisfactory to the Secretary that the school will not discriminate on the basis of sex in the admission of individuals to its training programs. The Secretary may not enter into a contract under this subchapter with any school unless the school furnishes assurances satisfactory to the Secretary that it will not discriminate on the basis of sex in the admission of individuals to its training programs. -SOURCE- (July 1, 1944, ch. 373, title VIII, Sec. 855, formerly, Sec. 845, as added Nov. 18, 1971, Pub. L. 92-158, Sec. 11, 85 Stat. 479, and renumbered Sec. 855, July 29, 1975, Pub. L. 94-63, title IX, Sec. 941(k)(1), 89 Stat. 366.) ------DocID 45398 Document 1310 of 1400------ -CITE- 42 USC Sec. 298c-2 to 298c-6 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER VI Part D -HEAD- Sec. 298c-2 to 298c-6. Omitted -COD- CODIFICATION Sections 298c-2 to 298c-6 were omitted in the reorganization and amendment of this subchapter by Pub. L. 90-490, title II, Sec. 223, Aug. 16, 1968, 82 Stat. 785. Section 298c-2, act July 1, 1944, ch. 373, title VIII, Sec. 863, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1237, related to duration of a nursing educational opportunity grant. Section 298c-3, act July 1, 1944, ch. 373, title VIII, Sec. 864, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1238, related to selection of recipients of nursing educational opportunity grants. Section 298c-4, act July 1, 1944, ch. 373, title VIII, Sec. 865, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1238, related to allotment of nursing educational opportunity grant funds among States. Section 298c-5, act July 1, 1944, ch. 373, title VIII, Sec. 866, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1238, related to allocation of allotted funds to schools of nursing. Section 298c-6, act July 1, 1944, ch. 373, title VIII, Sec. 867, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1239, related to agreements with schools of nursing. ------DocID 45406 Document 1311 of 1400------ -CITE- 42 USC Sec. 299a-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER VII Part A -HEAD- Sec. 299a-2. Health care technology and technology assessment -STATUTE- (a) In general In carrying out section 299(b) of this title, the Administrator shall promote the development and application of appropriate health care technology assessments - (1) by identifying needs in, and establishing priorities for, the assessment of specific health care technologies; (2) by developing and evaluating criteria and methodologies for health care technology assessment; (3) by conducting and supporting research on the development and diffusion of health care technology; (4) by conducting and supporting research on assessment methodologies; and (5) by promoting education, training, and technical assistance in the use of health care technology assessment methodologies and results. (b) Specific assessments (1) In general In carrying out section 299(b) of this title, the Administrator shall conduct and support specific assessments of health care technologies. (2) Consideration of certain factors In carrying out paragraph (1), the Administrator shall consider the safety, efficacy, and effectiveness, and, as appropriate, the cost-effectiveness, legal, social, and ethical implications, and appropriate uses of such technologies, including consideration of geographic factors. (c) Information center (1) In general There shall be established at the National Library of Medicine an information center on health care technologies and health care technology assessment. (2) Interagency agreement The Administrator and the Director of the National Library of Medicine shall enter into an agreement providing for the implementation of paragraph (1). (d) Recommendations with respect to health care technology (1) In general The Administrator shall make recommendations to the Secretary with respect to whether specific health care technologies should be reimbursable under federally financed health programs, including recommendations with respect to any conditions and requirements under which any such reimbursements should be made. (2) Consideration of certain factors In making recommendations respecting health care technologies, the Administrator shall consider the safety, efficacy, and effectiveness, and, as appropriate, the cost-effectiveness and appropriate uses of such technologies. (3) Consultations In carrying out this subsection, the Administrator shall cooperate and consult with the Director of the National Institutes of Health, the Commissioner of Food and Drugs, and the heads of any other interested Federal department or agency. -SOURCE- (July 1, 1944, ch. 373, title IX, Sec. 904, as added Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6103(a), 103 Stat. 2191.) -MISC1- PRIOR PROVISIONS A prior section 904 of act July 1, 1944, was classified to section 299d of this title and was repealed by Pub. L. 99-117. CONTRACT FOR TEMPORARY ASSISTANCE TO SECRETARY OF HEALTH AND HUMAN SERVICES WITH RESPECT TO HEALTH CARE TECHNOLOGY ASSESSMENT Section 6103(d)(2) of Pub. L. 101-239 provided that: '(A) The Secretary of Health and Human Services shall request the Institute of Medicine of the National Academy of Sciences to enter into a contract - '(i) to develop and recommend to the Secretary priorities for the assessment of specific health care technologies under section 904 of the Public Health Service Act (42 U.S.C. 299a-2) (as added by subsection (a) of this section); and '(ii) to assist the Administrator for Health Care Policy and Research, and the Director of the National Library of Medicine, in establishing the information center required under subsection (c)(1) of such section 904. '(B) In carrying out section 904(c)(1) of the Public Health Service Act (as added by subsection (a) of this section), the Secretary of Health and Human Services shall, as appropriate, provide for the transfer to the Secretary of any information and materials developed by the council on health care technology under section 309(c)(1)(A) of the Public Health Service Act (former section 242n(c)(1)(A) of this title) (as such section was in effect on the day before the effective date of this section (Dec. 19, 1989)). '(C) The Secretary of Health and Human Services shall ensure that the contract under subparagraph (A) specifies that the activities described in clauses (i) and (ii) of such subparagraph shall be completed not later than 1 year after the date on which the Secretary enters into the contract. '(D) For the purpose of carrying out the contract under subparagraph (A), there is authorized to be appropriated $300,000 for fiscal year 1990.' ------DocID 45410 Document 1312 of 1400------ -CITE- 42 USC Sec. 299b-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER VII Part B -HEAD- Sec. 299b-2. Process for development of guidelines and standards -STATUTE- (a) Development through contracts and panels The Director shall - (1) enter into contracts with public and nonprofit private entities for the purpose of developing and periodically reviewing and updating the guidelines, standards, performance measures, and review criteria described in section 299b-1(a) of this title; and (2) convene panels of appropriately qualified experts (including practicing physicians with appropriate expertise) and health care consumers for the purpose of - (A) developing and periodically reviewing and updating the guidelines, standards, performance measures, and review criteria described in section 299b-1(a) of this title; and (B) reviewing the guidelines, standards, performance measures, and review criteria developed under contracts under paragraph (1). (b) Authority for additional panels The Director may convene panels of appropriately qualified experts (including practicing physicians with appropriate expertise) and health care consumers for the purpose of - (1) developing the standards and criteria described in section 299b-3(b) of this title; and (2) providing advice to the Administrator and the Director with respect to any other activities carried out under this part or under section 299a(a)(2) of this title. (c) Selection of panel members In selecting individuals to serve on panels convened under this section, the Director shall consult with a broad range of interested individuals and organizations, including organizations representing physicians in the general practice of medicine and organizations representing physicians in specialties and subspecialties pertinent to the purposes of the panel involved. The Director shall seek to appoint physicians reflecting a variety of practice settings. -SOURCE- (July 1, 1944, ch. 373, title IX, Sec. 913, as added Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6103(a), 103 Stat. 2193.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 299b-1, 299b-3, 1320b-12 of this title. ------DocID 45415 Document 1313 of 1400------ -CITE- 42 USC Sec. 299c-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER VII Part C -HEAD- Sec. 299c-2. Certain provisions with respect to development, collection, and dissemination of data -STATUTE- (a) Standards with respect to utility of data (1) In general With respect to data developed or collected by any entity for the purpose described in section 299(b) of this title, the Administrator shall, in order to assure the utility, accuracy, and sufficiency of such data for all interested entities, establish guidelines for uniform methods of developing and collecting such data. Such guidelines shall include specifications for the development and collection of data on the outcomes of health care services and procedures. (2) Relationship with medicare program In any case where guidelines under paragraph (1) may affect the administration of the program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), the guidelines shall be in the form of recommendations to the Secretary for such program. (b) Statistics The Administrator shall - (1) take such action as may be necessary to assure that statistics developed under this subchapter are of high quality, timely, and comprehensive, as well as specific, standardized, and adequately analyzed and indexed; and (2) publish, make available, and disseminate such statistics on as wide a basis as is practicable. -SOURCE- (July 1, 1944, ch. 373, title IX, Sec. 923, as added Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6103(c), 103 Stat. 2202.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVIII of the Social Security Act is classified generally to subchapter XVIII (Sec. 1395 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. ------DocID 45424 Document 1314 of 1400------ -CITE- 42 USC Sec. 300a-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER VIII -HEAD- Sec. 300a-2. Conduct, etc., of research activities -STATUTE- The Secretary may - (1) conduct, and (2) make grants to public or nonprofit private entities and enter into contracts with public or private entities and individuals for projects for, research in the biomedical, contraceptive development, behavioral, and program implementation fields related to family planning and population. -SOURCE- (July 1, 1944, ch. 373, title X, Sec. 1004, as added Dec. 24, 1970, Pub. L. 91-572, Sec. 6(c), 84 Stat. 1507, and amended June 18, 1973, Pub. L. 93-45, title I, Sec. 111(c), 87 Stat. 93; July 29, 1975, Pub. L. 94-63, title II, Sec. 202(c), title VII, Sec. 701(d), 89 Stat. 306, 352; Aug. 1, 1977, Pub. L. 95-83, title III, Sec. 305(c), 91 Stat. 389; Nov. 8, 1978, Pub. L. 95-613, Sec. 1(b)(3), 92 Stat. 3093; July 10, 1979, Pub. L. 96-32, Sec. 1(a), 93 Stat. 82; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 931(b)(2), 95 Stat. 570.) -MISC1- AMENDMENTS 1981 - Pub. L. 97-35 redesignated existing subsec. (a) as entire section, and struck out subsec. (b) which related to authorization and availability of appropriations. 1979 - Subsec. (b)(1). Pub. L. 95-613, as amended by Pub. L. 96-32, substituted '$120,800,000' for '$3,600,000' as authorized appropriation for fiscal year ending Sept. 30, 1980. 1978 - Subsec. (b)(1). Pub. L. 95-613 inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1979, 1980, and 1981. 1977 - Subsec. (b). Pub. L. 95-83 in par. (1) substituted provisions authorizing appropriations for fiscal years ending Sept. 30, 1977 and 1978, for prior such authorization for fiscal year 1977, and in par. (2) prohibited use of funds for administration of this section. 1975 - Subsec. (a). Pub. L. 94-63, Sec. 202(c), revised structure of provisions, inserted authorization for Secretary to conduct research, and struck out authority for grants and contracts in research training in specified fields. Subsec. (b). Pub. L. 94-63, Sec. 202(c), 701(d), revised structure of provisions and substituted provisions relating to authorization of appropriations for fiscal years 1976 and 1977 and availability of appropriated funds, for provisions authorizing appropriations for fiscal years ending June 30, 1971, through fiscal year ending June 30, 1975. 1973 - Subsec. (b). Pub. L. 93-45 inserted provisions authorizing appropriations for fiscal year ending June 30, 1974. EFFECTIVE DATE OF 1979 AMENDMENT Section 1(b) of Pub. L. 96-32 provided that: 'The amendment made by subsection (a) (amending this section) shall be effective as of November 8, 1978.' EFFECTIVE DATE OF 1975 AMENDMENT Amendment by section 202(c) of Pub. L. 94-63 effective July 1, 1975, see section 608 of Pub. L. 94-63, set out as a note under section 247b of this title. ------DocID 45442 Document 1315 of 1400------ -CITE- 42 USC Sec. 300b-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER IX Part A -HEAD- Sec. 300b-2. Voluntary participation by individuals -STATUTE- The participation by any individual in any program or portion thereof under this part shall be wholly voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, any other program. -SOURCE- (July 1, 1944, ch. 373, title XI, Sec. 1103, as added Apr. 22, 1976, Pub. L. 94-278, title IV, Sec. 403(a), 90 Stat. 408.) -MISC1- PRIOR PROVISIONS A prior section 300b-2, act July 1, 1944, ch. 373, title XI, Sec. 1103, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat. 138, and amended Aug. 29, 1972, Pub. L. 92-414, Sec. 4(3), 86 Stat. 652, was identical to this section. ------DocID 45458 Document 1316 of 1400------ -CITE- 42 USC Sec. 300d-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER X Part A -HEAD- Sec. 300d-2. Clearinghouse on Trauma Care and Emergency Medical Services -STATUTE- (a) Establishment The Secretary shall by contract provide for the establishment and operation of a National Clearinghouse on Trauma Care and Emergency Medical Services (hereafter in this section referred to as the 'Clearinghouse'). (b) Duties The Clearinghouse shall - (1) foster the development of appropriate, modern trauma care and emergency medical services (including the development of policies for the notification of family members of individuals involved in medical emergencies) through the sharing of information among agencies and individuals involved in planning, furnishing, and studying such services and care; (2) collect, compile, and disseminate information on the achievements of, and problems experienced by, State and local agencies and private entities in providing trauma care and emergency medical services and, in so doing, give special consideration of the unique needs of rural areas; (3) provide technical assistance relating to trauma care and emergency medical services to State and local agencies; and (4) sponsor workshops and conferences on trauma care and emergency medical services. (c) Fees and assessments A contract entered into by the Secretary under this section may provide that the Clearinghouse charge fees or assessments in order to defray, and beginning with fiscal year 1992, to cover, the costs of operating the Clearinghouse. -SOURCE- (July 1, 1944, ch. 373, title XII, Sec. 1203, as added Nov. 16, 1990, Pub. L. 101-590, Sec. 3, 104 Stat. 2917.) -MISC1- PRIOR PROVISIONS A prior section 300d-2, act July 1, 1944, ch. 373, title XII, Sec. 1203, as added Nov. 16, 1973, Pub. L. 93-154, Sec. 2(a), 87 Stat. 596, and amended Oct. 21, 1976, Pub. L. 94-573, Sec. 4, 90 Stat. 2710; Nov. 10, 1978, Pub. L. 95-626, title II, Sec. 210(a), 92 Stat. 3588; July 10, 1979, Pub. L. 96-32, Sec. 7(l), 93 Stat. 84, which set forth provisions relating to grants and contracts for establishing and initial operation of emergency medical services systems, was repealed by Pub. L. 97-35, title IX, Sec. 902(d)(1), (h), Aug. 13, 1981, 95 Stat. 560, 561, effective Oct. 1, 1981. ------DocID 45480 Document 1317 of 1400------ -CITE- 42 USC Sec. 300e-2, 300e-3 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XI -HEAD- Sec. 300e-2, 300e-3. Repealed. Pub. L. 99-660, title VIII, Sec. 803(a), Nov. 14, 1986, 100 Stat. 3799 -MISC1- Section 300e-2, act July 1, 1944, ch. 373, title XIII, Sec. 1303, as added Dec. 29, 1973, Pub. L. 93-222, Sec. 2, 87 Stat. 920, and amended Oct. 8, 1976, Pub. L. 94-460, title I, Sec. 107(a), 109(d)(1), 117(b)(3), 90 Stat. 1948, 1950, 1955; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 947(a), 95 Stat. 577, provided for grants and contracts for feasibility surveys. Section 300e-3, act July 1, 1944, ch. 373, title XIII, Sec. 1304, as added Dec. 29, 1973, Pub. L. 93-222, Sec. 2, 87 Stat. 921, and amended Apr. 21, 1976, Pub. L. 94-273, Sec. 40, 90 Stat. 381; Oct. 8, 1976, Pub. L. 94-460, title I, Sec. 107(b), 108(a), (b), (d)(1), 109(d)(2), (3), (e), 113(a), 117(b)(4), 90 Stat. 1948-1950, 1953, 1955; Nov. 1, 1978, Pub. L. 95-559, Sec. 2(a), 3(a)-(c), 6, 92 Stat. 2131, 2134; July 10, 1979, Pub. L. 96-32, Sec. 2(a), 93 Stat. 82; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 941(c), 947(b), 95 Stat. 573, 577, provided for grants, contracts, and loan guarantees for planning and for initial development costs. EFFECTIVE DATE OF REPEAL Repeal not applicable to any grant made or contract entered into under this subchapter before Oct. 1, 1985, see section 803(c) of Pub. L. 99-660, set out as an Effective Date of 1986 Amendment note under section 300e-5 of this title. Repeal effective Oct. 1, 1985, see section 815(a) of Pub. L. 99-660, set out as an Effective and Termination Dates of 1986 Amendment note under section 300e-1 of this title. ------DocID 45503 Document 1318 of 1400------ -CITE- 42 USC Sec. 300g-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XII Part B -HEAD- Sec. 300g-2. State primary enforcement responsibility; regulations; notice and hearing; publication in Federal Register; applications -STATUTE- (a) For purposes of this subchapter, a State has primary enforcement responsibility for public water systems during any period for which the Administrator determines (pursuant to regulations prescribed under subsection (b) of this section) that such State - (1) has adopted drinking water regulations which are no less stringent than the national primary drinking water regulations in effect under sections 300g-1(a) and 300g-1(b) of this title; (2) has adopted and is implementing adequate procedures for the enforcement of such State regulations, including conducting such monitoring and making such inspections as the Administrator may require by regulation; (3) will keep such records and make such reports with respect to its activities under paragraphs (1) and (2) as the Administrator may require by regulation; (4) if it permits variances or exemptions, or both, from the requirements of its drinking water regulations which meet the requirements of paragraph (1), permits such variances and exemptions under conditions and in a manner which is not less stringent than the conditions under, and the manner in which variances and exemptions may be granted under sections 300g-4 and 300g-5 of this title; (5) has adopted and can implement an adequate plan for the provision of safe drinking water under emergency circumstances. (b)(1) The Administrator shall, by regulation (proposed within 180 days of December 16, 1974), prescribe the manner in which a State may apply to the Administrator for a determination that the requirements of paragraphs (1), (2), (3), and (4) of subsection (a) of this section are satisfied with respect to the State, the manner in which the determination is made, the period for which the determination will be effective, and the manner in which the Administrator may determine that such requirements are no longer met. Such regulations shall require that before a determination of the Administrator that such requirements are met or are no longer met with respect to a State may become effective, the Administrator shall notify such State of the determination and the reasons therefor and shall provide an opportunity for public hearing on the determination. Such regulations shall be promulgated (with such modifications as the Administrator deems appropriate) within 90 days of the publication of the proposed regulations in the Federal Register. The Administrator shall promptly notify in writing the chief executive officer of each State of the promulgation of regulations under this paragraph. Such notice shall contain a copy of the regulations and shall specify a State's authority under this subchapter when it is determined to have primary enforcement responsibility for public water systems. (2) When an application is submitted in accordance with the Administrator's regulations under paragraph (1), the Administrator shall within 90 days of the date on which such application is submitted (A) make the determination applied for, or (B) deny the application and notify the applicant in writing of the reasons for his denial. -SOURCE- (July 1, 1944, ch. 373, title XIV, Sec. 1413, as added Dec. 16, 1974, Pub. L. 93-523, Sec. 2(a), 88 Stat. 1665, and amended June 19, 1986, Pub. L. 99-339, title I, Sec. 101(c)(2), 100 Stat. 646.) -MISC1- AMENDMENTS 1986 - Subsec. (a)(1). Pub. L. 99-339 substituted 'are no less stringent than the national primary drinking water regulations in effect under sections 300g-1(a) and 300g-1(b) of this title' for subpars. (A) and (B) which related to stringency of State drinking water regulations between period of promulgation and effective date of national interim drinking water regulations and during the period after such effective date. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300g-3, 300j-2 of this title. ------DocID 45511 Document 1319 of 1400------ -CITE- 42 USC Sec. 300h-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XII Part C -HEAD- Sec. 300h-2. Enforcement of program -STATUTE- (a) Notice to State and violator; issuance of administrative order; civil action (1) Whenever the Administrator finds during a period during which a State has primary enforcement responsibility for underground water sources (within the meaning of section 300h-1(b)(3) of this title or section 300h-4(c) of this title) that any person who is subject to a requirement of an applicable underground injection control program in such State is violating such requirement, he shall so notify the State and the person violating such requirement. If beyond the thirtieth day after the Administrator's notification the State has not commenced appropriate enforcement action, the Administrator shall issue an order under subsection (c) of this section requiring the person to comply with such requirement or the Administrator shall commence a civil action under subsection (b) of this section. (2) Whenever the Administrator finds during a period during which a State does not have primary enforcement responsibility for underground water sources that any person subject to any requirement of any applicable underground injection control program in such State is violating such requirement, the Administrator shall issue an order under subsection (c) of this section requiring the person to comply with such requirement or the Administrator shall commence a civil action under subsection (b) of this section. (b) Civil and criminal actions Civil actions referred to in paragraphs (1) and (2) of subsection (a) of this section shall be brought in the appropriate United States district court. Such court shall have jurisdiction to require compliance with any requirement of an applicable underground injection program or with an order issued under subsection (c) of this section. The court may enter such judgment as protection of public health may require. Any person who violates any requirement of an applicable underground injection control program or an order requiring compliance under subsection (c) of this section - (1) shall be subject to a civil penalty of not more than $25,000 for each day of such violation, and (2) if such violation is willful, such person may, in addition to or in lieu of the civil penalty authorized by paragraph (1), be imprisoned for not more than 3 years, or fined in accordance with title 18, or both. (c) Administrative orders (1) In any case in which the Administrator is authorized to bring a civil action under this section with respect to any regulation or other requirement of this part other than those relating to - (A) the underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production, or (B) any underground injection for the secondary or tertiary recovery of oil or natural gas, the Administrator may also issue an order under this subsection either assessing a civil penalty of not more than $10,000 for each day of violation for any past or current violation, up to a maximum administrative penalty of $125,000, or requiring compliance with such regulation or other requirement, or both. (2) In any case in which the Administrator is authorized to bring a civil action under this section with respect to any regulation, or other requirement of this part relating to - (A) the underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production, or (B) any underground injection for the secondary or tertiary recovery of oil or natural gas, the Administrator may also issue an order under this subsection either assessing a civil penalty of not more than $5,000 for each day of violation for any past or current violation, up to a maximum administrative penalty of $125,000, or requiring compliance with such regulation or other requirement, or both. (3)(A) An order under this subsection shall be issued by the Administrator after opportunity (provided in accordance with this subparagraph) for a hearing. Before issuing the order, the Administrator shall give to the person to whom it is directed written notice of the Administrator's proposal to issue such order and the opportunity to request, within 30 days of the date the notice is received by such person, a hearing on the order. Such hearing shall not be subject to section 554 or 556 of title 5, but shall provide a reasonable opportunity to be heard and to present evidence. (B) The Administrator shall provide public notice of, and reasonable opportunity to comment on, any proposed order. (C) Any citizen who comments on any proposed order under subparagraph (B) shall be given notice of any hearing under this subsection and of any order. In any hearing held under subparagraph (A), such citizen shall have a reasonable opportunity to be heard and to present evidence. (D) Any order issued under this subsection shall become effective 30 days following its issuance unless an appeal is taken pursuant to paragraph (6). (4)(A) Any order issued under this subsection shall state with reasonable specificity the nature of the violation and may specify a reasonable time for compliance. (B) In assessing any civil penalty under this subsection, the Administrator shall take into account appropriate factors, including (i) the seriousness of the violation; (ii) the economic benefit (if any) resulting from the violation; (iii) any history of such violations; (iv) any good-faith efforts to comply with the applicable requirements; (v) the economic impact of the penalty on the violator; and (vi) such other matters as justice may require. (5) Any violation with respect to which the Administrator has commenced and is diligently prosecuting an action, or has issued an order under this subsection assessing a penalty, shall not be subject to an action under subsection (b) of this section or section 300h-3(c) or 300j-8 of this title, except that the foregoing limitation on civil actions under section 300j-8 of this title shall not apply with respect to any violation for which - (A) a civil action under section 300j-8(a)(1) of this title has been filed prior to commencement of an action under this subsection, or (B) a notice of violation under section 300j-8(b)(1) of this title has been given before commencement of an action under this subsection and an action under section 300j-8(a)(1) of this title is filed before 120 days after such notice is given. (6) Any person against whom an order is issued or who commented on a proposed order pursuant to paragraph (3) may file an appeal of such order with the United States District Court for the District of Columbia or the district in which the violation is alleged to have occurred. Such an appeal may only be filed within the 30-day period beginning on the date the order is issued. Appellant shall simultaneously send a copy of the appeal by certified mail to the Administrator and to the Attorney General. The Administrator shall promptly file in such court a certified copy of the record on which such order was imposed. The district court shall not set aside or remand such order unless there is not substantial evidence on the record, taken as a whole, to support the finding of a violation or, unless the Administrator's assessment of penalty or requirement for compliance constitutes an abuse of discretion. The district court shall not impose additional civil penalties for the same violation unless the Administrator's assessment of a penalty constitutes an abuse of discretion. Notwithstanding section 300j-7(a)(2) of this title, any order issued under paragraph (3) shall be subject to judicial review exclusively under this paragraph. (7) If any person fails to pay an assessment of a civil penalty - (A) after the order becomes effective under paragraph (3), or (B) after a court, in an action brought under paragraph (6), has entered a final judgment in favor of the Administrator, the Administrator may request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus costs, attorneys' fees, and interest at currently prevailing rates from the date the order is effective or the date of such final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. (8) The Administrator may, in connection with administrative proceedings under this subsection, issue subpoenas compelling the attendance and testimony of witnesses and subpoenas duces tecum, and may request the Attorney General to bring an action to enforce any subpoena under this section. The district courts shall have jurisdiction to enforce such subpoenas and impose sanction. (d) State authority to adopt or enforce laws or regulations respecting underground injection unaffected Nothing in this subchapter shall diminish any authority of a State or political subdivision to adopt or enforce any law or regulation respecting underground injection but no such law or regulation shall relieve any person of any requirement otherwise applicable under this subchapter. -SOURCE- (July 1, 1944, ch. 373, title XIV, Sec. 1423, as added Dec. 16, 1974, Pub. L. 93-523, Sec. 2(a), 88 Stat. 1677, and amended Dec. 5, 1980, Pub. L. 96-502, Sec. 2(b), 94 Stat. 2738; June 19, 1986, Pub. L. 99-339, title II, Sec. 202, 100 Stat. 654.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-339, Sec. 202(d), substituted 'Enforcement' for 'Failure of State to assure enforcement' in section catchline. Subsec. (a)(1). Pub. L. 99-339, Sec. 202(a)(1), substituted provisions which related to issuance of an order of compliance or commencement of a civil action by the Administrator if the State has not commenced enforcement against the violator for provisions directing the Administrator to give public notice and request that the State report within 15 days thereafter as to steps taken to enforce compliance and authorizing the Administrator to commence a civil action upon failure by the State to comply timely. Subsec. (a)(2). Pub. L. 99-339, Sec. 202(a)(2), substituted provision that the Administrator issue an order under subsec. (c) of this section or commence a civil action under subsec. (b) of this section for provision that he commence a civil action under subsec. (b)(1) of this section. Subsec. (b). Pub. L. 99-339, Sec. 202(b), amended subsec. (b) generally, substituting provisions relating to jurisdiction of the appropriate Federal district court, entry of judgment, civil penalty of $25,000 per day, criminal liability and fine for willful violation for provisions which related to judicial determinations in appropriate Federal district courts, civil penalties of $5,000 per day, and fines of $10,000 per day for willful violations. Subsecs. (c), (d). Pub. L. 99-339, Sec. 202(c), added subsec. (c) and redesignated former subsec. (c) as (d). 1980 - Subsec. (a)(1). Pub. L. 96-502 inserted reference to section 300h-4(c) of this title. ------DocID 45523 Document 1320 of 1400------ -CITE- 42 USC Sec. 300j-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XII Part E -HEAD- Sec. 300j-2. Grants for State programs -STATUTE- (a) Public water systems supervision programs; applications for grants; allotment of sums; waiver of grant restrictions; notice of approval or disapproval of application; authorization of appropriations (1) From allotments made pursuant to paragraph (4), the Administrator may make grants to States to carry out public water system supervision programs. (2) No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such form and manner as he may require. The Administrator may not approve an application of a State for its first grant under paragraph (1) unless he determines that the State - (A) has established or will establish within one year from the date of such grant a public water system supervision program, and (B) will, within that one year, assume primary enforcement responsibility for public water systems within the State. No grant may be made to a State under paragraph (1) for any period beginning more than one year after the date of the State's first grant unless the State has assumed and maintains primary enforcement responsibility for public water systems within the State. The prohibitions contained in the preceding two sentences shall not apply to such grants when made to Indian Tribes. (3) A grant under paragraph (1) shall be made to cover not more than 75 per centum of the grant recipient's costs (as determined under regulations of the Administrator) in carrying out, during the one-year period beginning on the date the grant is made, a public water system supervision program. (4) In each fiscal year the Administrator shall, in accordance, with regulations, allot the sums appropriated for such year under paragraph (5) among the States on the basis of population, geographical area, number of public water systems, and other relevant factors. No State shall receive less than 1 per centum of the annual appropriation for grants under paragraph (1): Provided, That the Administrator may, by regulation, reduce such percentage in accordance with the criteria specified in this paragraph: And provided further, That such percentage shall not apply to grants allotted to Guam, American Samoa, or the Virgin Islands. (5) The prohibition contained in the last sentence of paragraph (2) may be waived by the Administrator with respect to a grant to a State through fiscal year 1979 but such prohibition may only be waived if, in the judgment of the Administrator - (A) the State is making a diligent effort to assume and maintain primary enforcement responsibility for public water systems within the State; (B) the State has made significant progress toward assuming and maintaining such primary enforcement responsibility; and (C) there is reason to believe the State will assume such primary enforcement responsibility by October 1, 1979. The amount of any grant awarded for the fiscal years 1978 and 1979 pursuant to a waiver under this paragraph may not exceed 75 per centum of the allotment which the State would have received for such fiscal year if it had assumed and maintained such primary enforcement responsibility. The remaining 25 per centum of the amount allotted to such State for such fiscal year shall be retained by the Administrator, and the Administrator may award such amount to such State at such time as the State assumes such responsibility before the beginning of fiscal year 1980. At the beginning of each fiscal years 1979 and 1980 the amounts retained by the Administrator for any preceding fiscal year and not awarded by the beginning of fiscal year 1979 or 1980 to the States to which such amounts were originally allotted may be removed from the original allotment and reallotted for fiscal year 1979 or 1980 (as the case may be) to States which have assumed primary enforcement responsibility by the beginning of such fiscal year. (6) The Administrator shall notify the State of the approval or disapproval of any application for a grant under this section - (A) within ninety days after receipt of such application, or (B) not later than the first day of the fiscal year for which the grant application is made, whichever is later. (7) For purposes of making grants under paragraph (1) there are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1976, $25,000,000 for the fiscal year ending June 30, 1977, $35,000,000 for fiscal year 1978, $45,000,000 for fiscal year 1979, $29,450,000 for the fiscal year ending September 30, 1980, $32,000,000 for the fiscal year ending September 30, 1981, and $34,000,000 for the fiscal year ending September 30, 1982. For the purposes of making grants under paragraph (1) there are authorized to be appropriated not more than the following amounts: Fiscal year: Amount 1987 $37,200,000 1988 37,200,000 1989 40,150,000 1990 40,150,000 1991 40,150,000 (b) Underground water source protection programs; applications for grants; allotment of sums; authorization of appropriations (1) From allotments made pursuant to paragraph (4), the Administrator may make grants to States to carry out underground water source protection programs. (2) No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such form and manner as he may require. No grant may be made to any State under paragraph (1) unless the State has assumed primary enforcement responsibility within two years after the date the Administrator promulgates regulations for State underground injection control programs under section 300h of this title. The prohibition contained in the preceding sentence shall not apply to such grants when made to Indian Tribes. (3) A grant under paragraph (1) shall be made to cover not more than 75 per centum of the grant recipient's cost (as determined under regulations of the Administrator) in carrying out, during the one-year period beginning on the date the grant is made, and underground water source protection program. (4) In each fiscal year the Administrator shall, in accordance with regulations, allot the sums appropriated for such year under paragraph (5) among the States on the basis of population, geographical area, and other relevant factors. (5) For purposes of making grants under paragraph (1) there are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1976, $7,500,000 for the fiscal year ending June 30, 1977, $10,000,000 for each of the fiscal years 1978 and 1979, $7,795,000 for the fiscal year ending September 30, 1980, $18,000,000 for the fiscal year ending September 30, 1981, and $21,000,000 for the fiscal year ending September 30, 1982. For the purpose of making grants under paragraph (1) there are authorized to be appropriated not more than the following amounts: Fiscal year: Amount 1987 $19,700,000 1988 19,700,000 1989 20,850,000 1990 20,850,000 1991 20,850,000 (c) Definitions For purposes of this section: (1) The term 'public water system supervision program' means a program for the adoption and enforcement of drinking water regulations (with such variances and exemptions from such regulations under conditions and in a manner which is not less stringent than the conditions under, and the manner in, which variances and exemptions may be granted under sections 300g-4 and 300g-5 of this title) which are no less stringent than the national primary drinking water regulations under section 300g-1 of this title, and for keeping records and making reports required by section 300g-2(a)(3) of this title. (2) The term 'underground water source protection program' means a program for the adoption and enforcement of a program which meets the requirements of regulations under section 300h of this title, and for keeping records and making reports required by section 300h-1(b)(1)(A)(ii) of this title. Such term includes, where applicable, a program which meets the requirements of section 300h-4 of this title. -SOURCE- (July 1, 1944, ch. 373, title XIV, Sec. 1443, as added Dec. 16, 1974, Pub. L. 93-523, Sec. 2(a), 88 Stat. 1684, and amended Nov. 16, 1977, Pub. L. 95-190, Sec. 2(b), (c), 5(a), 91 Stat. 1393, 1395; Sept. 6, 1979, Pub. L. 96-63, Sec. 2, 93 Stat. 411; Dec. 5, 1980, Pub. L. 96-502, Sec. 2(c), 4(d), 94 Stat. 2738; June 19, 1986, Pub. L. 99-339, title III, Sec. 301(b), (c), 302(d), 100 Stat. 664, 666.) -MISC1- AMENDMENTS 1986 - Subsec. (a)(2). Pub. L. 99-339, Sec. 302(d)(1), inserted provision that prohibitions contained in preceding two sentences not apply to such grants when made to Indian Tribes. Subsec. (a)(7). Pub. L. 99-339, Sec. 301(b), authorized appropriations for grants under par. (1) of not more than $37,200,000 for fiscal years 1987 and 1988 and of not more than $40,150,000 for fiscal years 1989 to 1991. Subsec. (b)(2). Pub. L. 99-339, Sec. 302(d)(2), inserted provision that prohibition contained in preceding sentence not apply to such grants when made to Indian Tribes. Subsec. (b)(5). Pub. L. 99-339, Sec. 301(c), authorized appropriations for grants under par. (1) of not more than $19,700,000 for fiscal years 1987 and 1988 and of not more than $20,850,000 for fiscal years 1989 to 1991. 1980 - Subsec. (b)(2). Pub. L. 96-502, Sec. 4(d), substituted provisions that no grant may be made to any State under par. (1) unless the State has assumed primary enforcement responsibility within two years after the date the Administrator promulgates regulations for State underground injection control programs under section 300h of this title for provisions that the Administrator may not approve an application of a State for its first grant under par. (1) unless he determines that the State has established or will establish within two years from the date of such grant an underground water source protection, and will, within such two years, assume primary enforcement responsibility for underground water sources within the State and that no grant may be made to a State under par. (1) for any period beginning more than two years after the date of the State's first grant unless the State has assumed and maintains primary enforcement responsibility for underground water sources within the State. Subsec. (c)(2). Pub. L. 96-502, Sec. 2(c), inserted provision that such term includes, where applicable, a program which meets requirements of section 300h-4 of this title. 1979 - Subsec. (a)(7). Pub. L. 96-63, Sec. 2(a), authorized appropriation of $29,450,000, $32,000,000, and $34,000,000 for fiscal years ending Sept. 30, 1980, through 1982, respectively. Subsec. (b)(5). Pub. L. 96-63, Sec. 2(b), authorized appropriation of $7,795,000, $18,000,000, and $21,000,000 for fiscal years ending Sept. 30, 1980, through 1982, respectively. 1977 - Subsec. (a)(5), (6). Pub. L. 95-190, Sec. 5(a), added pars. (5) and (6). Former par. (5) redesignated (7). Subsec. (a)(7). Pub. L. 95-190, Sec. 2(b), 5(a), redesignated former par. (5) as (7) and authorized appropriations for fiscal years 1978 and 1979. Subsec. (b)(5). Pub. L. 95-190, Sec. 2(c), inserted provisions authorizing appropriations for fiscal years 1978 and 1979. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300g-6, 300j-1 of this title. ------DocID 45548 Document 1321 of 1400------ -CITE- 42 USC Sec. 300n-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIII -HEAD- Sec. 300n-2. Requirement of submission of application -STATUTE- The Secretary may not make a grant under section 300k of this title unless an application for the grant is submitted to the Secretary, the application contains the description of intended uses required in section 300n-1 of this title, and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this subchapter. -SOURCE- (July 1, 1944, ch. 373, title XV, Sec. 1506, as added Aug. 10, 1990, Pub. L. 101-354, Sec. 2, 104 Stat. 414.) -MISC1- PRIOR PROVISIONS A prior section 300n-2, act July 1, 1944, ch. 373, title XV, Sec. 1533, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2253, which provided for technical assistance to health systems agencies and State agencies, was repealed by Pub. L. 99-660, title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799, effective Jan. 1, 1987. ------DocID 45558 Document 1322 of 1400------ -CITE- 42 USC Sec. 300q-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIV Part A -HEAD- Sec. 300q-2. General provisions -STATUTE- (a) Loan guarantees; criteria for approval; recovery of payments by United States; modification, etc., of terms and conditions; incontestability (1) The Secretary may not approve a loan guarantee for a project under this part unless he determines that (A) the terms, conditions, security (if any), and schedule and amount of repayments with respect to the loan are sufficient to protect the financial interests of the United States and are otherwise reasonable, including a determination that the rate of interest does not exceed such per centum per annum on the principal obligation outstanding as the Secretary determines to be reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the United States, and (B) the loan would not be available on reasonable terms and conditions without the guarantee under this part. (2)(A) The United States shall be entitled to recover from the applicant for a loan guarantee under this part the amount of any payment made pursuant to such guarantee, unless the Secretary for good cause waives such right of recovery; and, upon making any such payment, the United States shall be subrogated to all of the rights of the recipient of the payments with respect to which the guarantee was made. (B) To the extent permitted by subparagraph (C), any terms and conditions applicable to a loan guarantee under this part (including terms and conditions imposed under subparagraph (D)) may be modified by the Secretary to the extent he determines it to be consistent with the financial interest of the United States. (C) Any loan guarantee made by the Secretary under this part shall be incontestable (i) in the hands of an applicant on whose behalf such guarantee is made unless the applicant engaged in fraud or misrepresentation in securing such guarantee, and (ii) as to any person (or his successor in interest) who makes or contracts to make a loan to such applicant in reliance thereon unless such person (or his successor in interest) engaged in fraud or misrepresentation in making or contracting to make such loan. (D) Guarantees of loans under this part shall be subject to such further terms and conditions as the Secretary determines to be necessary to assure that the purposes of this subchapter will be achieved. (b) Loans; criteria for approval; terms and conditions; waiver of recovery of payments by United States (1) The Secretary may not approve a loan under this part unless - (A) the Secretary is reasonably satisfied that the applicant under the project for which the loan would be made will be able to make payments of principal and interest thereon when due, and (B) the applicant provides the Secretary with reasonable assurances that there will be available to it such additional funds as may be necessary to complete the project or undertaking with respect to which such loan is requested. (2) Any loan made under this part shall (A) have such security, (B) have such maturity date, (C) be repayable in such installments, (D) bear interest at a rate comparable to the current rate of interest prevailing, on the date the loan is made, with respect to loans guaranteed under this part, minus any interest subsidy made in accordance with section 300q(a)(2)(B) of this title with respect to a loan made for a project located in an urban or rural poverty area, and (E) be subject to such other terms and conditions (including provisions for recovery in case of default), as the Secretary determines to be necessary to carry out the purposes of this subchapter while adequately protecting the financial interests of the United States. (3) The Secretary may, for good cause but with due regard to the financial interests of the United States, waive any right of recovery which he has by reasons of the failure of a borrower to make payments of principal of and interest on a loan made under this part, except that if such loan is sold and guaranteed, any such waiver shall have no effect upon the Secretary's guarantee of timely payment of principal and interest. (c) Sale of loans; authority; amount; agreements with purchasers; deposit of proceeds (1) The Secretary shall from time to time, but with due regard to the financial interests of the United States, sell loans made under this part either on the private market or to the Federal National Mortgage Association in accordance with section 1717 of title 12 or to the Federal Financing Bank. (2) Any loan so sold shall be sold for an amount which is equal (or approximately equal) to the amount of the unpaid principal of such loans as of time of sale. (3)(A) The Secretary is authorized to enter into an agreement with the purchaser of any loan sold under this part under which the Secretary agrees - (i) to guarantee to such purchaser (and any successor in interest to such purchaser) payments of the principal and interest payable under such loan, and (ii) to pay as an interest subsidy to such purchaser (and any successor in interest of such purchaser) amounts which, when added to the amount of interest payable on such loan, are equivalent to a reasonable rate of interest on such loan as determined by the Secretary after taking into account the range of prevailing interest rates in the private market on similar loans and the risks assumed by the United States. (B) Any agreement under subparagraph (A) - (i) may provide that the Secretary shall act as agent of any such purchaser, for the purpose of collecting from the entity to which such loan was made and paying over to such purchaser any payments of principal and interest payable by such entity under such loan; (ii) may provide for the repurchase by the Secretary of any such loan on such terms and conditions as may be specified in the agreement; (iii) shall provide that, in the event of any default by the entity to which such loan was made in payment of principal or interest due on such loan, the Secretary shall, upon notification to the purchaser (or to the successor in interest of such purchaser), have the option to close out such loan (and any obligations of the Secretary with respect thereto) by paying to the purchaser (or his successor in interest) the total amount of outstanding principal and interest due thereon at the time of such notification; and (iv) shall provide that, in the event such loan is closed out as provided in clause (iii), or in the event of any other loss incurred by the Secretary by reason of the failure of such entity to make payments of principal or interest on such loan, the Secretary shall be subrogated to all rights of such purchaser for recovery of such loss from such entity. (4) Amounts received by the Secretary as proceeds from the sale of loans under this subsection shall be deposited in the fund established under subsection (d) of this section. (5) If any loan to a public entity under this part is sold and guaranteed by the Secretary under this subsection, interest paid on such loan after its sale and any interest subsidy paid, under paragraph (3)(A)(ii), by the Secretary with respect to such loan which is received by the purchaser of the loan (or the purchaser's successor in interest) shall be included in the gross income of the purchaser or successor for the purpose of chapter 1 of title 26. (d) Loan and loan guarantee fund; establishment; amounts authorized to be appropriated; issuance, purchase, and sale of notes, obligations, etc.; interest rates; public debt transactions (1) There is established in the Treasury a loan and loan guarantee fund (hereinafter in this subsection referred to as the 'fund') which shall be available to the Secretary without fiscal year limitation, in such amounts as may be specified from time to time in appropriations Acts - (A) to enable him to make loans under this part, (B) to enable him to discharge his responsibilities under loan guarantees issued by him under this part, (C) for payment of interest under section 300q(a)(2)(B) of this title on loans guaranteed under this part, (D) for repurchase of loans under subsection (c)(3)(B) of this section, (E) for payment of interest on loans which are sold and guaranteed, and (F) to enable the Secretary to take the action authorized by subsection (f) of this section. There are authorized to be appropriated from time to time such amounts as may be necessary to provide the sums required for the fund. There shall also be deposited in the fund amounts received by the Secretary in connection with loans and loan guarantees under this part and other property or assets derived by him from his operations respecting such loans and loan guarantees, including any money derived from the sale of assets. (2) If at any time the sums in the funds are insufficient to enable the Secretary - (A) to make payments of interest under section 300q(a)(2)(B) of this title, (B) to otherwise comply with guarantees under this part of loans to nonprofit private entities, (C) in the case of a loan which was made, sold, and guaranteed under this part, to make to the purchaser of such loan payments of principal and interest on such loan after default by the entity to which the loan was made, or (D) to repurchase loans under subsection (c)(3)(B) of this section, (E) to make payments of interest on loans which are sold and guaranteed, and (F) to enable the Secretary to take the action authorized by subsection (f) of this section, he is authorized to issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury shall purchase any notes and other obligations issued under this paragraph and for that purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which the securities may be issued under that chapter are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this paragraph. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. Sums borrowed under this paragraph shall be deposited in the fund and redemption of such notes and obligations shall be made by the Secretary from the fund. (e) Transfers to and additional capitalization of loan and loan guarantee fund (1) The assets, commitments, obligations, and outstanding balances of the loan guarantee and loan fund established in the Treasury by section 291j-6 of this title shall be transferred to the fund established by subsection (d) of this section. (2) To provide additional capitalization for the fund established under subsection (d) of this section there are authorized to be appropriated to the fund, such sums as may be necessary for the fiscal years ending June 30, 1975, June 30, 1976, September 30, 1977, September 30, 1978, September 30, 1979, September 30, 1980, September 30, 1981, and September 30, 1982. (f) Default prevention measures; terms and conditions; implementation of reforms; foreclosures; protection of Federal interest on default (1) The Secretary may take such action as may be necessary to prevent a default on a loan made or guaranteed under this part or under subchapter IV of this chapter, including the waiver of regulatory conditions, deferral of loan payments, renegotiation of loans, and the expenditure of funds for technical and consultative assistance, for the temporary payment of the interest and principal on such a loan, and for other purposes. Any such expenditure made under the preceding sentence on behalf of a medical facility shall be made under such terms and conditions as the Secretary shall prescribe, including the implementation of such organizational, operational, and financial reforms as the Secretary determines are appropriate and the disclosure of such financial or other information as the Secretary may require to determine the extent of the implementation of such reforms. (2) The Secretary may take such action, consistent with State law respecting foreclosure procedures, as he deems appropriate to protect the interest of the United States in the event of a default on a loan made or guaranteed under this part or under subchapter IV of this chapter, including selling real property pledged as security for such a loan or loan guarantee and for a reasonable period of time taking possession of, holding, and using real property pledged as security for such a loan or loan guarantee. -SOURCE- (July 1, 1944, ch. 373, title XVI, Sec. 1602, formerly Sec. 1622, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 4, 88 Stat. 2265, and amended Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 106(x)(2), (y), 91 Stat. 385; renumbered Sec. 1602 and amended Oct. 4, 1979, Pub. L. 96-79, title II, Sec. 201(b)(2), (3), 203(a)(1), (3), (g), 93 Stat. 631, 635; Jan. 4, 1983, Pub. L. 97-414, Sec. 8(q), 96 Stat. 2062; Oct. 22, 1986, Pub. L. 99-514, Sec. 2, 100 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT Subchapter IV of this chapter, referred to in subsec. (f), is classified to section 291 et seq. of this title. -COD- CODIFICATION In subsec. (d), 'chapter 31 of title 31' and 'that chapter' substituted for 'the Second Liberty Bond Act' and 'that Act', respectively, on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -MISC3- PRIOR PROVISIONS A prior section 1602 of act July 1, 1944, ch. 373, title XVI, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 4, 88 Stat. 2258, and amended Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 106(r), (s), 91 Stat. 385, was classified to section 300o-1 of this title and was repealed by Pub. L. 96-79, title II, Sec. 202(a), Oct. 4, 1979, 93 Stat. 632. AMENDMENTS 1986 - Subsec. (c)(5). 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. 1983 - Subsec. (f)(2). Pub. L. 97-414 inserted 'selling real property pledged as security for such a loan or loan guarantee and' after 'including'. 1979 - Subsec. (b)(2)(D). Pub. L. 96-79, Sec. 201(b)(2), substituted 'minus any interest subsidy made in accordance with section 300q(a)(2)(B) of this title (with respect to a loan made for a project located in an urban or rural poverty area' for 'minus 3 per centum per annum'. Subsec. (d)(1). Pub. L. 96-79, Sec. 203(a)(3), (g)(2), substituted in subpar. (C) reference to section '300q(a)(2)(B)' for '300q(b)(2)' of this title, and added subpar. (F). Subsec. (d)(2). Pub. L. 96-79, Sec. 203(a)(3), (g)(3), substituted in subpar. (A) reference to section '300q(a)(2)(B)' for '300q(b)(2)' of this title, and added subpar. (F). Subsec. (e)(2). Pub. L. 96-79, Sec. 201(b)(3), authorized appropriations for fiscal years ending Sept. 30, 1979 through 1982. Subsec. (f). Pub. L. 96-79, Sec. 203(g)(1), added subsec. (f). 1977 - Subsec. (c)(5). Pub. L. 95-83, Sec. 106(y), added subsec. (c)(5). Subsec. (e)(2). Pub. L. 95-83, Sec. 106(x)(2), substituted provisions authorizing appropriations for fiscal years ending Sept. 30, 1977 and 1978, for prior such authorization for fiscal year ending June 30, 1977. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-79 effective Oct. 1, 1979, except that amendment of subsec. (b)(2)(D) respecting interest subsidy payments for loans or loan guarantees applicable only with respect to loans and loan guarantees made after Oct. 1, 1979, and that subsidies for such commitments made before Oct. 1, 1979, payable as authorized before Oct. 1, 1979, see section 204 of Pub. L. 96-79, set out as a note under section 300q of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 300q of this title. ------DocID 45565 Document 1323 of 1400------ -CITE- 42 USC Sec. 300s-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIV Part C -HEAD- Sec. 300s-2. State supervision or control of operations of facilities receiving funds -STATUTE- Except as otherwise specifically provided, nothing in this subchapter shall be construed as conferring on any Federal officer or employee, the right to exercise any supervision or control over the administration, personnel, maintenance, or operation of any facility with respect to which any funds have been or may be expended under this subchapter. -SOURCE- (July 1, 1944, ch. 373, title XVI, Sec. 1623, formerly Sec. 1632, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 4, 88 Stat. 2270, and renumbered Sec. 1623, Oct. 4, 1979, Pub. L. 96-79, title II, Sec. 202(b), 93 Stat. 632.) ------DocID 45580 Document 1324 of 1400------ -CITE- 42 USC Sec. 300u-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XV -HEAD- Sec. 300u-2. Grants and contracts for community health programs -STATUTE- (a) Authority of Secretary; particular activities The Secretary is authorized to conduct and support by grant or contract (and encourage others to support) new and innovative programs in health information and health promotion, preventive health services, and education in the appropriate use of health care, and may specifically - (1) support demonstration and training programs in such matters which programs (A) are in hospitals, ambulatory care settings, home care settings, schools, day care programs for children, and other appropriate settings representative of broad cross sections of the population, and include public education activities of voluntary health agencies, professional medical societies, and other private nonprofit health organizations, (B) focus on objectives that are measurable, and (C) emphasize the prevention or moderation of illness or accidents that appear controllable through individual knowledge and behavior; (2) provide consultation and technical assistance to organizations that request help in planning, operating, or evaluating programs in such matters; (3) develop health information and health promotion materials and teaching programs including (A) model curriculums for the training of educational and health professionals and paraprofessionals in health education by medical, dental, and nursing schools, schools of public health, and other institutions engaged in training of educational or health professionals, (B) model curriculums to be used in elementary and secondary schools and institutions of higher learning, (C) materials and programs for the continuing education of health professionals and paraprofessionals in the health education of their patients, (D) materials for public service use by the printed and broadcast media, and (E) materials and programs to assist providers of health care in providing health education to their patients; and (4) support demonstration and evaluation programs for individual and group self-help programs designed to assist the participant in using his individual capacities to deal with health problems, including programs concerned with obesity, hypertension, and diabetes. (b) Grants to States and other public and nonprofit private entities; costs of demonstrating and evaluating programs; development of models The Secretary is authorized to make grants to States and other public and nonprofit private entities to assist them in meeting the costs of demonstrating and evaluating programs which provide information respecting the costs and quality of health care or information respecting health insurance policies and prepaid health plans, or information respecting both. After the development of models pursuant to section 300u-3(4) and 300u-3(5) of this title for such information, no grant may be made under this subsection for a program unless the information to be provided under the program is provided in accordance with one of such models applicable to the information. (c) Private nonprofit entities; limitation on amount of grant or contract The Secretary is authorized to support by grant or contract (and to encourage others to support) private nonprofit entities working in health information and health promotion, preventive health services, and education in the appropriate use of health care. The amount of any grant or contract for a fiscal year beginning after September 30, 1978, for an entity may not exceed 25 per centum of the expenses of the entity for such fiscal year for health information and health promotion, preventive health services, and education in the appropriate use of health care. -SOURCE- (July 1, 1944, ch. 373, title XVII, Sec. 1703, as added June 23, 1976, Pub. L. 94-317, title I, Sec. 102, 90 Stat. 697.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 300u of this title. ------DocID 45589 Document 1325 of 1400------ -CITE- 42 USC Sec. 300v-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XVI -HEAD- Sec. 300v-2. Administrative provisions -STATUTE- (a) Hearings The Commission may for the purpose of carrying out this subchapter hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission may deem advisable. (b) Appointment and compensation of staff personnel; procurement and compensation of temporary and intermittent services; detail of personnel from other Federal agencies (1) The Commission may appoint and fix the pay of such staff personnel as it deems desirable. Such personnel shall be appointed subject to the provisions of title 5 governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (2) The Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule. (3) Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this subchapter. (c) Contracting authority The Commission, in performing its duties and functions under this subchapter, may enter into contracts with appropriate public or nonprofit private entities. The authority of the Commission to enter into such contracts is effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts. (d) Informational requirements and prohibitions (1) The Commission may secure directly from any Federal agency information necessary to enable it to carry out this subchapter. Upon request of the Chairman of the Commission, the head of such agency shall furnish such information to the Commission. (2) The Commission shall promptly arrange for such security clearances for its members and appropriate staff as are necessary to obtain access to classified information needed to carry out its duties under this subchapter. (3) The Commission shall not disclose any information reported to or otherwise obtained by the Commission which is exempt from disclosure under subsection (a) of section 552 of title 5 by reason of paragraphs (4) and (6) of subsection (b) of such section. (e) Support services from Administrator of General Services The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. -SOURCE- (July 1, 1944, ch. 373, title XVIII, Sec. 1803, as added Nov. 9, 1978, Pub. L. 95-622, title III, Sec. 301, 92 Stat. 3440.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (b)(1), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. -MISC2- 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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 45595 Document 1326 of 1400------ -CITE- 42 USC Sec. 300w-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XVII Part A -HEAD- Sec. 300w-2. Payments under allotments to States -STATUTE- (a)(1) For each fiscal year, the Secretary shall make payments, as provided by section 6503(a) of title 31, to each State from its allotment under section 300w-1 of this title (other than any amount reserved under section 300w-1(d) of this title) from amounts appropriated for that fiscal year. (2) Any amount paid to a State for a fiscal year and remaining unobligated at the end of such year shall remain available for the next fiscal year to such State for the purposes for which it was made. (b) The Secretary, at the request of a State, may reduce the amount of payments under subsection (a) of this section by - (1) the fair market value of any supplies or equipment furnished the State, and (2) the amount of the pay, allowances, and travel expenses of any officer or employee of the Government when detailed to the State and the amount of any other costs incurred in connection with the detail of such officer or employee, when the furnishing of supplies or equipment or the detail of an officer or employee is for the convenience of and at the request of the State and for the purpose of conducting activities described in section 300w-3 of this title. The amount by which any payment is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies or equipment or in detailing the personnel, on which the reduction of the payment is based, and the amount shall be deemed to be part of the payment and shall be deemed to have been paid to the State. -SOURCE- (July 1, 1944, ch. 373, title XIX, Sec. 1903, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 537.) -COD- CODIFICATION In subsec. (a)(1), 'section 6503(a) of title 31' substituted for 'section 203 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4213)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300w-3, 300w-4, 300w-5, 9875 of this title. ------DocID 45610 Document 1327 of 1400------ -CITE- 42 USC Sec. 300x-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XVII Part B subpart 1 -HEAD- Sec. 300x-2. Payments under allotments to States -STATUTE- (a)(1) For each fiscal year, the Secretary shall make payments, as provided by section 6503 of title 31, to each State from its allotment under section 300x-1a of this title (other than any amount reserved under section 300x-1b(b) of this title) from amounts appropriated for that fiscal year. (2) Any amounts paid to a State under this section, obligated by the State, and remaining unexpended at the end of the fiscal year for which the amounts were paid shall remain available during the succeeding fiscal year to the State for carrying out this subpart. (b) The Secretary, at the request of a State, may reduce the amount of payments under subsection (a) of this section by - (1) the fair market value of any supplies or equipment furnished the State, and (2) the amount of the pay, allowances, and travel expenses of any officer or employee of the Government when detailed to the State and the amount of any other costs incurred in connection with the detail of such officer or employee, when the furnishing of supplies or equipment or the detail of an officer or employee is for the convenience of and at the request of the State and for the purpose of conducting activities described in section 300x-3 of this title. The amount by which any payment is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies or equipment or in detailing the personnel, on which the reduction of the payment is based, and the amount shall be deemed to be part of the payment and shall be deemed to have been paid to the State. -SOURCE- (July 1, 1944, ch. 373, title XIX, Sec. 1914, formerly Sec. 1913, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 545, and renumbered Sec. 1914 and amended Oct. 19, 1984, Pub. L. 98-509, title I, Sec. 106(a), (c)-(e), (g), 98 Stat. 2358, 2359; Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2022(e), 102 Stat. 4197; Aug. 16, 1989, Pub. L. 101-93, Sec. 2(c)(1), 103 Stat. 605.) -MISC1- PRIOR PROVISIONS A prior section 1914 of act July 1, 1944, was renumbered section 1915 by section 106(g) of Pub. L. 98-509, and is classified to section 300x-3 of this title. AMENDMENTS 1989 - Subsec. (a)(1). Pub. L. 101-93 substituted 'section 6503 of title 31' for 'section 203 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4213)', 'section 300x-1a' for 'section section 300x-1b(b)', and 'section 300x-1b(b)' for 'section 300x-1b(c)'. 1988 - Subsec. (a)(2). Pub. L. 100-690 amended par. (2) generally. Prior to amendment, par. (2) read as follows: 'Any amount paid to a State for a fiscal year and remaining unobligated at the end of such year shall remain available to such State for the purposes for which it was made for the next fiscal year.' 1984 - Pub. L. 98-509, Sec. 106(d), (e), which directed a technical amendment to references to sections 300x-4 and 300x-5 of this title to reflect renumbering of corresponding sections of original act, could not be executed because there is no reference to those sections. Subsec. (a)(1). Pub. L. 98-509, Sec. 106(a), substituted 'section 300x-1b' for 'section 300x-1' in two places. Subsec. (b). Pub. L. 98-509, Sec. 106(c), made a technical amendment to reference to section 300x-3 of this title to reflect renumbering of corresponding section of original act. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-509 applicable with respect to applications for allotments under this part for fiscal years beginning after fiscal year 1984 and to allotments made under such part for such fiscal years, see section 107 of Pub. L. 98-509, set out as a note under section 300x of this title. ESTABLISHMENT OF WAIVER WITH RESPECT TO AVAILABILITY OF PAYMENTS Section 2(c)(2) of Pub. L. 101-93 provided that: '(A) Notwithstanding paragraph (2) of section 1914(a) of the Public Health Service Act (42 U.S.C. 300x-2(a)(2)), as amended by section 2022(e) of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), the Secretary of Health and Human Services, upon the request of a State, may waive, with respect to fiscal year 1989, the requirement established in such paragraph if the Secretary determines that it is not practicable for the State to comply with such requirement. '(B) If the Secretary approves a request for a waiver under subparagraph (A), amounts paid to a State for fiscal year 1989 under subpart 1 of part B of title XIX of the Public Health Service Act (this subpart) - '(i) shall remain available for obligation by the State until October 1, 1990; and '(ii) shall remain available for expenditure by the State until such date.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300x-3, 300x-4, 300x-4a, 300x-5 of this title. ------DocID 45621 Document 1328 of 1400------ -CITE- 42 USC subpart 2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XVII Part B subpart 2 -HEAD- subpart 2 - state comprehensive mental health services plan -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in section 290cc-27 of this title. ------DocID 45627 Document 1329 of 1400------ -CITE- 42 USC Sec. 300y to 300y-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XVII Part C -HEAD- Sec. 300y to 300y-2. Repealed. Pub. L. 100-690, title II, Sec. 2038(1), Nov. 18, 1988, 102 Stat. 4203 -MISC1- Section 300y, act July 1, 1944, ch. 373, title XIX, Sec. 1921, as added Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4002, 100 Stat. 3207-103, related to establishment of special alcohol abuse and drug abuse programs. A prior section 300y, act July 1, 1944, ch. 373, title XIX, Sec. 1921, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 552, which related to planning grants, was repealed by Pub. L. 99-280, Sec. 5, Apr. 24, 1986, 100 Stat. 400. Section 300y-1, act July 1, 1944, ch. 373, title XIX, Sec. 1922, as added Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4002, 100 Stat. 3207-106, related to transfer of funds to Administrator of Veterans' Affairs. A prior section 300y-1, act July 1, 1944, ch. 373, title XIX, Sec. 1922, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 552, which authorized appropriations, was repealed by Pub. L. 99-280, Sec. 5, Apr. 24, 1986, 100 Stat. 400. Section 300y-2, act July 1, 1944, ch. 373, title XIX, Sec. 1923, as added Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4002, 100 Stat. 3207-106, related to evaluation of treatment programs. A prior section 300y-2, act July 1, 1944, ch. 373, title XIX, Sec. 1923, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 552, which provided for grants under section 254c of this title, was repealed by Pub. L. 99-280, Sec. 5, Apr. 24, 1986, 100 Stat. 400. ------DocID 45633 Document 1330 of 1400------ -CITE- 42 USC Sec. 300z-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XVIII -HEAD- Sec. 300z-2. Demonstration projects; grant authorization, etc. -STATUTE- (a) The Secretary may make grants to further the purposes of this subchapter to eligible grant recipients which have submitted an application which the Secretary finds meets the requirements of section 300z-5 of this title for demonstration projects which the Secretary determines will help communities provide appropriate care and prevention services in easily accessible locations. Demonstration projects shall, as appropriate, provide, supplement, or improve the quality of such services. Demonstration projects shall use such methods as will strengthen the capacity of families to deal with the sexual behavior, pregnancy, or parenthood of adolescents and to make use of support systems such as other family members, friends, religious and charitable organizations, and voluntary associations. (b) Grants under this subchapter for demonstration projects may be for the provision of - (1) care services; (2) prevention services; or (3) a combination of care services and prevention services. -SOURCE- (July 1, 1944, ch. 373, title XX, Sec. 2003, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 955(a), 95 Stat. 582.) ------DocID 45645 Document 1331 of 1400------ -CITE- 42 USC Sec. 300aa-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIX Part 1 -HEAD- Sec. 300aa-2. Program responsibilities -STATUTE- (a) The Director of the Program shall have the following responsibilities: (1) Vaccine research The Director of the Program shall, through the plan issued under section 300aa-3 of this title, coordinate and provide direction for research carried out in or through the National Institutes of Health, the Centers for Disease Control, the Office of Biologics Research and Review of the Food and Drug Administration, the Department of Defense, and the Agency for International Development on means to induce human immunity against naturally occurring infectious diseases and to prevent adverse reactions to vaccines. (2) Vaccine development The Director of the Program shall, through the plan issued under section 300aa-3 of this title, coordinate and provide direction for activities carried out in or through the National Institutes of Health, the Office of Biologics Research and Review of the Food and Drug Administration, the Department of Defense, and the Agency for International Development to develop the techniques needed to produce safe and effective vaccines. (3) Safety and efficacy testing of vaccines The Director of the Program shall, through the plan issued under section 300aa-3 of this title, coordinate and provide direction for safety and efficacy testing of vaccines carried out in or through the National Institutes of Health, the Centers for Disease Control, the Office of Biologics Research and Review of the Food and Drug Administration, the Department of Defense, and the Agency for International Development. (4) Licensing of vaccine manufacturers and vaccines The Director of the Program shall, through the plan issued under section 300aa-3 of this title, coordinate and provide direction for the allocation of resources in the implementation of the licensing program under section 263a of this title. (5) Production and procurement of vaccines The Director of the Program shall, through the plan issued under section 300aa-3 of this title, ensure that the governmental and non-governmental production and procurement of safe and effective vaccines by the Public Health Service, the Department of Defense, and the Agency for International Development meet the needs of the United States population and fulfill commitments of the United States to prevent human infectious diseases in other countries. (6) Distribution and use of vaccines The Director of the Program shall, through the plan issued under section 300aa-3 of this title, coordinate and provide direction to the Centers for Disease Control and assistance to States, localities, and health practitioners in the distribution and use of vaccines, including efforts to encourage public acceptance of immunizations and to make health practitioners and the public aware of potential adverse reactions and contraindications to vaccines. (7) Evaluating the need for and the effectiveness and adverse effects of vaccines and immunization activities The Director of the Program shall, through the plan issued under section 300aa-3 of this title, coordinate and provide direction to the National Institutes of Health, the Centers for Disease Control, the Office of Biologics Research and Review of the Food and Drug Administration, the National Center for Health Statistics, the National Center for Health Services Research and Health Care Technology Assessment, and the Health Care Financing Administration in monitoring the need for and the effectiveness and adverse effects of vaccines and immunization activities. (8) Coordinating governmental and non-governmental activities The Director of the Program shall, through the plan issued under section 300aa-3 of this title, provide for the exchange of information between Federal agencies involved in the implementation of the Program and non-governmental entities engaged in the development and production of vaccines and in vaccine research and encourage the investment of non-governmental resources complementary to the governmental activities under the Program. (9) Funding of Federal agencies The Director of the Program shall make available to Federal agencies involved in the implementation of the plan issued under section 300aa-3 of this title funds appropriated under section 300aa-6 of this title to supplement the funds otherwise available to such agencies for activities under the plan. (b) In carrying out subsection (a) of this section and in preparing the plan under section 300aa-3 of this title, the Director shall consult with all Federal agencies involved in research on and development, testing, licensing, production, procurement, distribution, and use of vaccines. -SOURCE- (July 1, 1944, ch. 373, title XXI, Sec. 2102, as added Nov. 14, 1986, Pub. L. 99-660, title III, Sec. 311(a), 100 Stat. 3756.) -MISC1- PRIOR PROVISIONS A prior section 300aa-2, act July 1, 1944, Sec. 2103, was successively renumbered by subsequent acts and transferred, see section 300aaa-2 of this title. A prior section 2102 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 300aaa-1 of this title. DEMONSTRATION PROJECTS FOR OUTREACH PROGRAMS Pub. L. 101-502, Sec. 2(b), Nov. 3, 1990, 104 Stat. 1285, provided that: '(1) In general. - The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, may make grants to public and nonprofit private entities for the purpose of carrying out demonstration projects - '(A) to provide, without charge, immunizations against vaccine-preventable diseases to children not more than 2 years of age who reside in communities whose population includes a significant number of low-income individuals; and '(B) to provide outreach services to identify such children and to inform the parents (or other guardians) of the children of the availability from the entities of the immunizations specified in subparagraph (A). '(2) Authorization of appropriations. - For the purpose of carrying out paragraph (1), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1991 through 1993.' SUPPLY OF VACCINES Pub. L. 101-502, Sec. 3, Nov. 3, 1990, 104 Stat. 1285, provided that: '(a) In General. - The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, shall acquire and maintain a supply of vaccines sufficient to provide vaccinations throughout a 6-month period. Any proceeds received by the Secretary from the sale of vaccines from such supply shall be available to the Secretary for the purpose of purchasing vaccines for the supply. Such proceeds shall remain available for such purpose until expended. '(b) Authorization of Appropriations. - For the purpose of carrying out subsection (a), there are authorized to be appropriated $5,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 through 1995.' Pub. L. 100-177, title I, Sec. 110(b), Dec. 1, 1987, 101 Stat. 991, provided that: '(1) In general. - The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, shall acquire and maintain a supply of vaccines sufficient to provide vaccinations throughout a 6-month period. '(2) Authorization of Appropriations. - There are authorized to be appropriated to carry out paragraph (1) $5,000,000 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300aa-3, 300aa-5, 300aa-6 of this title. ------DocID 45650 Document 1332 of 1400------ -CITE- 42 USC Part 2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIX Part 2 -HEAD- Part 2 - National Vaccine Injury Compensation Program -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in title 26 section 9510. ------DocID 45678 Document 1333 of 1400------ -CITE- 42 USC Sec. 300bb-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XX -HEAD- Sec. 300bb-2. Continuation coverage -STATUTE- For purposes of section 300bb-1 of this title, the term 'continuation coverage' means coverage under the plan which meets the following requirements: (1) Type of benefit coverage The coverage must consist of coverage which, as of the time the coverage is being provided, is identical to the coverage provided under the plan to similarly situated beneficiaries under the plan with respect to whom a qualifying event has not occurred. If coverage is modified under the plan for any group of similarly situated beneficiaries, such coverage shall also be modified in the same manner for all individuals who are qualified beneficiaries under the plan pursuant to this part (FOOTNOTE 1) in connection with such group. (FOOTNOTE 1) So in original. This subchapter is not divided into parts. (2) Period of coverage The coverage must extend for at least the period beginning on the date of the qualifying event and ending not earlier than the earliest of the following: (A) Maximum required period (i) General rule for terminations and reduced hours In the case of a qualifying event described in section 300bb-3(2) of this title, except as provided in clause (ii), the date which is 18 months after the date of the qualifying event. (ii) Special rule for multiple qualifying events If a qualifying event occurs during the 18 months after the date of a qualifying event described in section 300bb-3(2) of this title, the date which is 36 months after the date of the qualifying event described in section 300bb-3(2) of this title. (iii) General rule for other qualifying events In the case of a qualifying event not described in section 300bb-3(2) of this title, the date which is 36 months after the date of the qualifying event. In the case of an individual who is determined, under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.), to have been disabled at the time of a qualifying event described in section 300bb-3(2) of this title, any reference in clause (i) or (ii) to 18 months with respect to such event is deemed a reference to 29 months, but only if the qualified beneficiary has provided notice of such determination under section 300bb-6(3) of this title before the end of such 18 months. (iv) (FOOTNOTE 2) Qualifying event involving medicare entitlement (FOOTNOTE 2) So in original. Clause (iv) probably should immediately follow clause (iii). In the case of an event described in section 300bb-3(4) of this title (without regard to whether such event is a qualifying event), the period of coverage for qualified beneficiaries other than the covered employee for such event or any subsequent qualifying event shall not terminate before the close of the 36-month period beginning on the date the covered employee becomes entitled to benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (B) End of plan The date on which the employer ceases to provide any group health plan to any employee. (C) Failure to pay premium The date on which coverage ceases under the plan by reason of a failure to make timely payment of any premium required under the plan with respect to the qualified beneficiary. The payment of any premium (other than any payment referred to in the last sentence of paragraph (3)) shall be considered to be timely if made within 30 days after the date due or within such longer period as applies to or under the plan. (D) Group health plan coverage or medicare entitlement The date on which the qualified beneficiary first becomes, after the date of the election - (i) covered under any other group health plan (as an employee or otherwise) which does not contain any exclusion or limitation with respect to any preexisting condition of such beneficiary, or (ii) entitled to benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (E) Termination of extended coverage for disability In the case of a qualified beneficiary who is disabled at the time of a qualifying event described in section 300bb-3(2) of this title, the month that begins more than 30 days after the date of the final determination under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) that the qualified beneficiary is no longer disabled. (3) Premium requirements The plan may require payment of a premium for any period of continuation coverage, except that such premium - (A) shall not exceed 102 percent of the applicable premium for such period, and (B) may, at the election of the payor, be made in monthly installments. In no event may the plan require the payment of any premium before the day which is 45 days after the day on which the qualified beneficiary made the initial election for continuation coverage. (FOOTNOTE 3) In the case of an individual described in the last sentence of paragraph (2)(A), any reference in subparagraph (A) of this paragraph to '102 percent' is deemed a reference to '150 percent' for any month after the 18th month of continuation coverage described in clause (i) or (ii) of paragraph (2)(A). (FOOTNOTE 3) See 1989 Amendment note below. (4) No requirement of insurability The coverage may not be conditioned upon, or discriminate on the basis of lack of, evidence of insurability. (5) Conversion option In the case of a qualified beneficiary whose period of continuation coverage expires under paragraph (2)(A), the plan must, during the 180-day period ending on such expiration date, provide to the qualified beneficiary the option of enrollment under a conversion health plan otherwise generally available under the plan. -SOURCE- (July 1, 1944, ch. 373, title XXII, Sec. 2202, as added Apr. 7, 1986, Pub. L. 99-272, title X, Sec. 10003(a), 100 Stat. 233, and amended Oct. 22, 1986, Pub. L. 99-514, title XVIII, Sec. 1895(d)(1)(C), (2)(C), (3)(C), (4)(C), 100 Stat. 2937-2939; Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6702(a), (b), 6801(b)(1)(A), (2)(A), (3)(A), 103 Stat. 2295, 2297.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in par. (2)(A), (D)(ii), and (E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II, XVI, and XVIII of the Social Security Act are classified generally to subchapters II (Sec. 401 et seq.), XVI (Sec. 1381 et seq.), and XVIII (Sec. 1395 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -MISC2- AMENDMENTS 1989 - Par. (2)(A). Pub. L. 101-239, Sec. 6702(a)(1), inserted after cl. (iii) 'In the case of an individual who is determined, under title II or XVI of the Social Security Act, to have been disabled at the time of a qualifying event described in section 300bb-3(2) of this title, any reference in clause (i) or (ii) to 18 months with respect to such event is deemed a reference to 29 months, but only if the qualified beneficiary has provided notice of such determination under section 300bb-6(3) of this title before the end of such 18 months.' Par. (2)(A)(iv). Pub. L. 101-239, Sec. 6801(b)(1)(A), added cl. (iv). Par. (2)(D). Pub. L. 101-239, Sec. 6801(b)(2)(A), substituted 'entitlement' for 'eligibility' in heading and inserted 'which does not contain any exclusion or limitation with respect to any preexisting condition of such beneficiary' after 'or otherwise)' in cl. (i). Par. (2)(E). Pub. L. 101-239, Sec. 6702(a)(2), added subpar. (E). Par. (3). Pub. L. 101-239, Sec. 6801(b)(3)(A), which directed the general amendment of the concluding provision was executed by amending the first sentence of the concluding provision generally to reflect the probable intent of Congress and amendment of concluding provision by Pub. L. 101-239, Sec. 6702(b). Prior to amendment, first sentence of the concluding provision read as follows: 'If an election is made after the qualifying event, the plan shall permit payment for continuation coverage during the period preceding the election to be made within 45 days of the date of the election.' Pub. L. 101-239, Sec. 6702(b), inserted at end of concluding provision 'In the case of an individual described in the last sentence of paragraph (2)(A), any reference in subparagraph (A) of this paragraph to '102 percent' is deemed a reference to '150 percent' for any month after the 18th month of continuation coverage described in clause (i) or (ii) of paragraph (2)(A).' See Amendment note above. 1986 - Par. (1). Pub. L. 99-514, Sec. 1895(d)(1)(C), inserted at end 'If coverage is modified under the plan for any group of similarly situated beneficiaries, such coverage shall also be modified in the same manner for all individuals who are qualified beneficiaries under the plan pursuant to this part in connection with such group.' Par. (2)(A). Pub. L. 99-514, Sec. 1895(d)(2)(C), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 'Maximum period. - In the case of - '(i) a qualifying event described in section 300bb-3(2) of this title (relating to terminations and reduced hours), the date which is 18 months after the date of the qualifying event, and '(ii) any qualifying event not described in clause (i), the date which is 36 months after the date of the qualifying event.' Par. (2)(C). Pub. L. 99-514, Sec. 1895(d)(3)(C), inserted at end 'The payment of any premium (other than any payment referred to in the last sentence of paragraph (3)) shall be considered to be timely if made within 30 days after the date due or within such longer period as applies to or under the plan.' Par. (2)(D). Pub. L. 99-514, Sec. 1895(d)(4)(C)(ii), (iii), substituted 'Group health plan coverage' for 'Reemployment' in heading, added cl. (i), and struck out former cl. (i) which read as follows: 'a covered employee under any other group health plan, or'. Par. (2)(E). Pub. L. 99-514, Sec. 1895(d)(4)(C)(i), struck out subpar. (E), remarriage of spouse, which read as follows: 'In the case of an individual who is a qualified beneficiary by reason of being the spouse of a covered employee, the date on which the beneficiary remarries and becomes covered under a group health plan.' EFFECTIVE DATE OF 1989 AMENDMENT Section 6702(d) of Pub. L. 101-239 provided that: 'The amendments made by this section (amending this section and section 300bb-6 of this title) shall apply to plan years beginning on or after the date of the enactment of this Act (Dec. 19, 1989), regardless of whether the qualifying event occurred before, on, or after such date.' Section 6801(b)(1)(B) of Pub. L. 101-239 provided that: 'The amendments made by this paragraph (amending this section) shall apply to plan years beginning after December 31, 1989.' Section 6801(b)(2)(B) of Pub. L. 101-239 provided that: 'The amendments made by subparagraph (A) (amending this section) shall apply to - '(i) qualifying events occurring after December 31, 1989, and '(ii) in the case of qualified beneficiaries who elected continuation coverage after December 31, 1988, the period for which the required premium was paid (or was attempted to be paid but was rejected as such).' Section 6801(b)(3)(B) of Pub. L. 101-239 provided that: 'The amendment made by subparagraph (A) (amending this section) shall apply to plan years beginning after December 31, 1989.' EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-514 effective, except as otherwise provided, as if included in enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. 99-272, see section 1895(e) of Pub. L. 99-514, set out as a note under section 162 of Title 26, Internal Revenue Code. PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title XVIII (Sec. 1800-1899A) of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code. ------DocID 45689 Document 1334 of 1400------ -CITE- 42 USC Sec. 300cc-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXI Part A -HEAD- Sec. 300cc-2. Requirements with respect to processing of requests for personnel and administrative support -STATUTE- (a) In general The Director of the Office of Personnel Management or the Administrator of General Services, as the case may be, shall respond to any priority request made by the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, the Director of the Centers for Disease Control, the Commissioner of Food and Drugs, or the Director of the National Institutes of Health, not later than 21 days after the date on which such request is made. If the Director of the Office of Personnel Management or the Administrator of General Services, as the case may be, does not disapprove a priority request during the 21-day period, the request shall be deemed to be approved. (b) Notice to Secretary and to Assistant Secretary for Health The Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, the Director of the Centers for Disease Control, the Commissioner of Food and Drugs, and the Director of the National Institutes of Health, shall, respectively, transmit to the Secretary and the Assistant Secretary for Health a copy of each priority request made under this section by the agency head involved. The copy shall be transmitted on the date on which the priority request involved is made. (c) 'Priority request' defined For purposes of this section, the term 'priority request' means any request that - (1) is designated as a priority request by the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, the Director of the Centers for Disease Control, the Commissioner of Food and Drugs, or the Director of the National Institutes of Health; and (2)(A) is made to the Director of the Office of Personnel Management for the allocation of personnel to carry out activities with respect to acquired immune deficiency syndrome; or (B) is made to the Administrator of General Services for administrative support or space in carrying out such activities. -SOURCE- (July 1, 1944, ch. 373, title XXIII, Sec. 2303, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 201(4), 102 Stat. 3064.) -MISC1- PRIOR PROVISIONS A prior section 300cc-2, act July 1, 1944, Sec. 2303, was successively renumbered by subsequent acts and transferred, see section 300aaa-2 of this title. ------DocID 45723 Document 1335 of 1400------ -CITE- 42 USC Sec. 300ee-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIII -HEAD- Sec. 300ee-2. Information for health and public safety workers -STATUTE- (a) Development and dissemination of guidelines Not later than 90 days after November 4, 1988, the Secretary of Health and Human Services (hereafter in this section referred to as the 'Secretary'), acting through the Director of the Centers for Disease Control, shall develop, issue, and disseminate emergency guidelines to all health workers and public safety workers (including emergency response employees) in the United States concerning - (1) methods to reduce the risk in the workplace of becoming infected with the etiologic agent for acquired immune deficiency syndrome; and (2) circumstances under which exposure to such etiologic agent may occur. (b) Use in occupational standards The Secretary shall transmit the guidelines issued under subsection (a) of this section to the Secretary of Labor for use by the Secretary of Labor in the development of standards to be issued under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (c) Development and dissemination of model curriculum for emergency response employees (1) Not later than 90 days after November 4, 1988, the Secretary, acting through the Director of the Centers for Disease Control, shall develop a model curriculum for emergency response employees with respect to the prevention of exposure to the etiologic agent for acquired immune deficiency syndrome during the process of responding to emergencies. (2) In carrying out paragraph (1), the Secretary shall consider the guidelines issued by the Secretary under subsection (a) of this section. (3) The model curriculum developed under paragraph (1) shall, to the extent practicable, include - (A) information with respect to the manner in which the etiologic agent for acquired immune deficiency syndrome is transmitted; and (B) information that can assist emergency response employees in distinguishing between conditions in which such employees are at risk with respect to such etiologic agent and conditions in which such employees are not at risk with respect (FOOTNOTE 1) such etiologic agent. (FOOTNOTE 1) So in original. Probably should be 'respect to'. (4) The Secretary shall establish a task force to assist the Secretary in developing the model curriculum required in paragraph (1). The Secretary shall appoint to the task force representatives of the Centers for Disease Control, representatives of State governments, and representatives of emergency response employees. (5) The Secretary shall - (A) transmit to State public health officers copies of the guidelines and the model curriculum developed under paragraph (1) with the request that such officers disseminate such copies as appropriate throughout the State; and (B) make such copies available to the public. -SOURCE- (Pub. L. 100-607, title II, Sec. 253, Nov. 4, 1988, 102 Stat. 3108; Pub. L. 100-690, title II, Sec. 2602(c), Nov. 18, 1988, 102 Stat. 4234.) -REFTEXT- REFERENCES IN TEXT The Occupational Safety and Health Act of 1970, referred to in subsec. (b), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as amended, which is classified principally to chapter 15 (Sec. 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. -COD- CODIFICATION Section was enacted as part of the AIDS Amendments of 1988 and as part of the Health Omnibus Programs Extension of 1988, and not as part of the Public Health Service Act which comprises this chapter. -MISC3- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-690 substituted 'health workers and public safety workers' for 'health workers, public safety workers'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-690 effective immediately after enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600 of Pub. L. 100-690, set out as a note under section 242m of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300ee-12, 300ff-80 of this title. ------DocID 45822 Document 1336 of 1400------ -CITE- 42 USC Sec. 300aaa-2 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXV -HEAD- Sec. 300aaa-2. Disposition of money collected for care of patients -STATUTE- Money collected as provided by law for expenses incurred in the care and treatment of foreign seamen, and money received for the care and treatment of pay patients, including any amounts received from any executive department on account of care and treatment of pay patients, shall be covered into the appropriation from which the expenses of such care and treatment were paid. -SOURCE- (July 1, 1944, ch. 373, title XXVII, Sec. 2703, formerly title V, Sec. 503, 58 Stat. 710, renumbered title XXI, Sec. 2103, Apr. 26, 1983, Pub. L. 98-24, Sec. 2(a)(1), 97 Stat. 176; renumbered title XXIII, Sec. 2303, Nov. 14, 1986, Pub. L. 99-660, title III, Sec. 311(a), 100 Stat. 3755; renumbered title XXV, Sec. 2503, Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 201(1), (2), 102 Stat. 3062; renumbered title XXVI, Sec. 2603, Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2620(a), 102 Stat. 4244; renumbered title XXVII, Sec. 2703, Aug. 18, 1990, Pub. L. 101-381, title I, Sec. 101(1), (2), 104 Stat. 576.) -COD- CODIFICATION Section was formerly classified to section 300cc-2 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-2 of this title prior to renumbering by Pub. L. 99-660, and to section 221 of this title prior to renumbering by Pub. L. 98-24. ------DocID 46042 Document 1337 of 1400------ -CITE- 42 USC Sec. 1320a-2 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XI Part A -HEAD- Sec. 1320a-2. Repealed. Pub. L. 100-360, title IV, Sec. 430(a), as added Pub. L. 100-485, title VI, Sec. 608(b), Oct. 13, 1988, 102 Stat. 2412 -MISC1- Section, act Aug. 14, 1935, ch. 531, title XI, Sec. 1123, as added Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 241, 86 Stat. 1418, and amended Dec. 5, 1980, Pub. L. 96-499, title IX, Sec. 911, 94 Stat. 2619; Sept. 3, 1982, Pub. L. 97-248, title I, Sec. 126, 96 Stat. 366; Apr. 7, 1986, Pub. L. 99-272, title IX, Sec. 9303(b)(4), 100 Stat. 189, related to qualifications for health care personnel. EFFECTIVE DATE OF REPEAL Repeal effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100-360, which was approved July 1, 1988, see section 608(g)(1) of Pub. L. 100-485, set out as an Effective Date of 1988 Amendment note under section 704 of this title. EFFECT OF REPEAL Section 430(b) of Pub. L. 100-360, as added by Pub. L. 100-485, title VI, Sec. 608(b), Oct. 13, 1988, 102 Stat. 2412, provided that: 'Nothing in the amendment made by subsection (a) (repealing this section) shall be construed as affecting the qualification of any individual, who has been determined under the program established under section 1123 of the Social Security Act (this section) to be qualified to perform the duties and functions of a health care specialty, to perform such duties and functions.' ------DocID 46054 Document 1338 of 1400------ -CITE- 42 USC Sec. 1320b-2 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XI Part A -HEAD- Sec. 1320b-2. Period within which certain claims must be filed -STATUTE- (a) Claims Notwithstanding any other provision of this chapter (but subject to subsection (b) of this section), any claim by a State for payment with respect to an expenditure made during any calendar quarter by the State - (1) in carrying out a State plan approved under subchapter I, IV, X, XIV, XVI, XIX, or XX of this chapter, or (2) under any other provision of this chapter which provides (on an entitlement basis) for Federal financial participation in expenditures made under State plans or programs, shall be filed (in such form and manner as the Secretary shall by regulations prescribe) within the two-year period which begins on the first day of the calendar quarter immediately following such calendar quarter; and payment shall not be made under this chapter on account of any such expenditure if claim therefor is not made within such two-year period; except that this subsection shall not be applied so as to deny payment with respect to any expenditure involving court-ordered retroactive payments or audit exceptions, or adjustments to prior year costs. (b) Waiver The Secretary shall waive the requirement imposed under subsection (a) of this section with respect to the filing of any claim if he determines (in accordance with regulations) that there was good cause for the failure by the State to file such claim within the period prescribed under subsection (a) of this section. Any such waiver shall be only for such additional period of time as may be necessary to provide the State with a reasonable opportunity to file such claim. A failure to file a claim within such time period which is attributable to neglect or administrative inadequacies shall be deemed not to be for good cause. -SOURCE- (Aug. 14, 1935, ch. 531, title XI, Sec. 1132, as added June 17, 1980, Pub. L. 96-272, title III, Sec. 306(a), 94 Stat. 530, and amended Aug. 13, 1981, Pub. L. 97-35, title XXI, Sec. 2193(c)(5), 95 Stat. 827.) -MISC1- AMENDMENTS 1981 - Subsec. (a)(1). Pub. L. 97-35 substituted 'subchapter I, IV, X' for 'subchapter I, IV, V, X'. EFFECTIVE DATE OF 1981 AMENDMENT, SAVINGS, AND TRANSITIONAL PROVISIONS For effective date, savings, and transitional provisions relating to amendment by Pub. L. 97-35, see section 2194 of Pub. L. 97-35, set out as a note under section 701 of this title. EFFECTIVE DATE Section 306(b), (c) of Pub. L. 96-272 provided that: '(b)(1) The amendment made by subsection (a) (enacting this section) shall be effective only in the case of claims filed on account of expenditures made in calendar quarters commencing on or after October 1, 1979. '(2) In the case of claims filed prior to the date of enactment of this Act (June 17, 1980) on account of expenditures described in section 1132 of the Social Security Act (this section) made in calendar quarters commencing prior to October 1, 1979, there shall be no time limit for the payment of such claims. '(3) In the case of such expenditures made in calendar quarters commencing prior to October 1, 1979, for which no claim has been filed on or before the date of enactment of this Act, payment shall not be made under this Act on account of any such expenditure unless claim therefor is filed (in such form and manner as the Secretary shall by regulation prescribe) prior to January 1, 1981. '(4) The provisions of this subsection shall not be applied so as to deny payment with respect to any expenditure involving adjustments to prior year costs or court-ordered retroactive payments or audit exceptions. The Secretary may waive the requirements of paragraph (3) in the same manner as under section 1132(b) of the Social Security Act (subsec. (b)(3) of this section). '(c) Notwithstanding any other provision of law, there shall be no time limit for the filing or payment of such claims except as provided in this section, unless such other provision of law, in imposing such a time limitation, specifically exempts such filing or payment from the provisions of this section.' ------DocID 46069 Document 1339 of 1400------ -CITE- 42 USC Sec. 1320c-2 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XI Part B -HEAD- Sec. 1320c-2. Contracts with utilization and quality control peer review organizations -STATUTE- (a) Establishment and consolidation of geographic areas (1) The Secretary shall establish throughout the United States geographic areas with respect to which contracts under this part will be made. In establishing such areas, the Secretary shall use the same areas as established under section 1320c-1 of this title as in effect immediately prior to September 3, 1982, but subject to the provisions of paragraph (2). (2) As soon as practicable after September 3, 1982, the Secretary shall consolidate such geographic areas, taking into account the following criteria: (A) Each State shall generally be designated as a geographic area for purposes of paragraph (1). (B) The Secretary shall establish local or regional areas rather than State areas only where the volume of review activity or other relevant factors (as determined by the Secretary) warrant such an establishment, and the Secretary determines that review activity can be carried out with equal or greater efficiency by establishing such local or regional areas. In applying this subparagraph the Secretary shall take into account the number of hospital admissions within each State for which payment may be made under subchapter XVIII of this chapter or a State plan approved under subchapter XIX of this chapter, with any State having fewer than 180,000 such admissions annually being established as a single statewide area, and no local or regional area being established which has fewer than 60,000 total hospital admissions (including public and private pay patients) under review annually, unless the Secretary determines that other relevant factors warrant otherwise. (C) No local or regional area shall be designated which is not a self-contained medical service area, having a full spectrum of services, including medical specialists' services. (b) Organizations entitled to contract with Secretary (1) The Secretary shall enter into a contract with a utilization and quality control peer review organization for each area established under subsection (a) of this section if a qualified organization is available in such area and such organization and the Secretary have negotiated a proposed contract which the Secretary determines will be carried out by such organization in a manner consistent with the efficient and effective administration of this part. If more than one such qualified organization meets the requirements of the preceding sentence, priority shall be given to any such organization which is described in section 1320c-1(1)(A) of this title. (2)(A) Prior to November 15, 1984, the Secretary shall not enter into a contract under this part with any entity which is, or is affiliated with (through management, ownership, or common control), an entity (other than a self-insured employer) which directly or indirectly makes payments to any practitioner or provider whose health care services are reviewed by such entity or would be reviewed by such entity if it entered into a contract with the Secretary under this part. For purposes of this paragraph, an entity shall not be considered to be affiliated with another entity which makes payments (directly or indirectly) to any practitioner or provider, by reason of management, ownership, or common control, if the management, ownership, or common control consists only of members of the governing board being affiliated (through management, ownership, or common control) with a health maintenance organization or competitive medical plan which is an 'eligible organization' as defined in section 1395mm(b) of this title. (B) If, after November 14, 1984, the Secretary determines that there is no other entity available for an area with which the Secretary can enter into a contract under this part, the Secretary may then enter into a contract under this part with an entity described in subparagraph (A) for such area if such entity otherwise meets the requirements of this part. (3)(A) The Secretary shall not enter into a contract under this part with any entity which is, or is affiliated with (through management, ownership, or common control), a health care facility, or association of such facilities, within the area served by such entity or which would be served by such entity if it entered into a contract with the Secretary under this part. (B) For purposes of subparagraph (A), an entity shall not be considered to be affiliated with a health care facility or association of facilities by reason of management, ownership, or common control if the management, ownership, or common control consists only of not more than 20 percent of the members of the governing board of the entity being affiliated (through management, ownership, or common control) with one or more of such facilities or associations. (c) Terms of contract Each contract with an organization under this section shall provide that - (1) the organization shall perform the functions set forth in section 1320c-3(a) of this section, or may subcontract for the performance of all or some of such functions (and for purposes of paragraphs (2) and (3) of subsection (b) of this section, a subcontract under this paragraph shall not constitute an affiliation with the subcontractor); (2) the Secretary shall have the right to evaluate the quality and effectiveness of the organization in carrying out the functions specified in the contract; (3) the contract shall be for an initial term of three years and shall be renewable on a triennial basis thereafter; (4) if the Secretary intends not to renew a contract, he shall notify the organization of his decision at least 90 days prior to the expiration of the contract term, and shall provide the organization an opportunity to present data, interpretations of data, and other information pertinent to its performance under the contract, which shall be reviewed in a timely manner by the Secretary; (5) the organization may terminate the contract upon 90 days notice to the Secretary; (6) the Secretary may terminate the contract prior to the expiration of the contract term upon 90 days notice to the organization if the Secretary determines that - (A) the organization does not substantially meet the requirements of section 1320c-1 of this title; or (B) the organization has failed substantially to carry out the contract or is carrying out the contract in a manner inconsistent with the efficient and effective administration of this part, but only after such organization has had an opportunity to submit data and have such data reviewed by the panel established under subsection (d) of this section; (7) the Secretary shall include in the contract negotiated objectives against which the organization's performance will be judged, and negotiated specifications for use of regional norms, or modifications thereof based on national norms, for performing review functions under the contract; and (8) reimbursement shall be made to the organization on a monthly basis, with payments for any month being made not later than 15 days after the close of such month. In evaluating the performance of utilization and quality control peer review organizations under contracts under this part, the Secretary shall place emphasis on the performance of such organizations in educating providers and practitioners (particularly those in rural areas) concerning the review process and criteria being applied by the organization. (d) Review prior to termination of contract; modification and termination; reviewing panel (1) Prior to making any termination under subsection (c)(6)(B) of this section, the Secretary must provide the organization with an opportunity to provide data, interpretations of data, and other information pertinent to its performance under the contract. Such data and other information shall be reviewed in a timely manner by a panel appointed by the Secretary, and the panel shall submit a report of its findings to the Secretary in a timely manner. The Secretary shall make a copy of the report available to the organization. (2) The Secretary may accept or not accept the findings of the panel. After the panel has submitted a report with respect to an organization, the Secretary may, with the concurrence of the organization, amend the contract to modify the scope of the functions to be carried out by the organization, or in any other manner. The Secretary may terminate a contract under the authority of subsection (c)(6)(B) of this section upon 90 days notice after the panel has submitted a report, or earlier if the organization so agrees. (3) A panel appointed by the Secretary under this subsection shall consist of not more than five individuals, each of whom shall be a member of a utilization and quality control peer review organization having a contract with the Secretary under this part. While serving on such panel individuals shall be paid at a per diem rate not to exceed the current per diem equivalent at the time that service on the panel is rendered for grade GS-18 under section 5332 of title 5. Appointments shall be made without regard to title 5. (4) During the period after the Secretary has given notice of intent to terminate a contract, and prior to the time that the Secretary enters into a contract with another utilization and quality control peer review organization, the Secretary may transfer review responsibilities of the organization under the contract being terminated to another utilization and quality control peer review organization, or to an intermediary or carrier having an agreement under section 1395h of this title or a contract under section 1395u of this title. (e) Authority of Secretary (1) Except as provided in paragraph (2), contracting authority of the Secretary under this section may be carried out without regard to any provision of law relating to the making, performance, amendment, or modification of contracts of the United States as the Secretary may determine to be inconsistent with the purposes of this part. The Secretary may use different contracting methods with respect to different geographical areas. (2) If a peer review organization with a contract under this section is required to carry out a review function in addition to any function required to be carried out at the time the Secretary entered into or renewed the contract with the organization, the Secretary shall, before requiring such organization to carry out such additional function, negotiate the necessary contractual modifications, including modifications that provide for an appropriate adjustment (in light of the cost of such additional function) to the amount of reimbursement made to the organization. (f) Termination not subject to judicial review Any determination by the Secretary to terminate or not to renew a contract under this section shall not be subject to judicial review. (g) Timely provision of hospital data to peer review organizations The Secretary shall provide that fiscal intermediaries furnish to peer review organizations, each month on a timely basis, data necessary to initiate the review process under section 1320c-3(a) of this title on a timely basis. If the Secretary determines that a fiscal intermediary is unable to furnish such data on a timely basis, the Secretary shall require the hospital to do so. (h) Publication of new policy or procedure and general criteria and standards for evaluation; performance comparison report (1) The Secretary shall publish in the Federal Register any new policy or procedure adopted by the Secretary that affects substantially the performance of contract obligations under this section not less than 30 days before the date on which such policy or procedure is to take effect. This paragraph shall not apply to the extent it is inconsistent with a statutory deadline. (2) The Secretary shall publish in the Federal Register the general criteria and standards used for evaluating the efficient and effective performance of contract obligations under this section and shall provide opportunity for public comment with respect to such criteria and standards. (3) The Secretary shall regularly furnish each peer review organization with a contract under this section with a report that documents the performance of the organization in relation to the performance of other such organizations. (i) Preference in contracting with in-State organizations (1) Notwithstanding any other provision of this section, the Secretary shall not renew a contract with any organization that is not an in-State organization (as defined in paragraph (3)) unless the Secretary has first complied with the requirements of paragraph (2). (2)(A) Not later than six months before the date on which a contract period ends with respect to an organization that is not an in-State organization, the Secretary shall publish in the Federal Register - (i) the date on which such period ends; and (ii) the period of time in which an in-State organization may submit a proposal for the contract ending on such date. (B) If one or more qualified in-State organizations submits a proposal within the period of time specified under subparagraph (A)(ii), the Secretary shall not automatically renew the current contract on a noncompetitive basis, but shall provide for competition for the contract in the same manner as a new contract under subsection (b) of this section. (3) For purposes of this subsection, an in-State organization is an organization that has its primary place of business in the State in which review will be conducted (or, which is owned by a parent corporation the headquarters of which is located in such State). -SOURCE- (Aug. 14, 1935, ch. 531, title XI, Sec. 1153, as added Sept. 3, 1982, Pub. L. 97-248, title I, Sec. 143, 96 Stat. 382, and amended Jan. 12, 1983, Pub. L. 97-448, title III, Sec. 309(b)(2), 96 Stat. 2408; Apr. 20, 1983, Pub. L. 98-21, title VI, Sec. 602(a), 97 Stat. 163; July 18, 1984, Pub. L. 98-369, div. B, title III, Sec. 2334(a), (b), 2347(c), 98 Stat. 1090, 1097; Apr. 7, 1986, Pub. L. 99-272, title IX, Sec. 9402(b), 9404(a), 9406(a), 100 Stat. 200, 201; Oct. 21, 1986, Pub. L. 99-509, title IX, Sec. 9352(a)(1), 100 Stat. 2044; Dec. 22, 1987, Pub. L. 100-203, title IV, Sec. 4091(a)(2)(A), (b)(1), (2), 4092(a), 4094(d)(1), 101 Stat. 1330-134, 1330-135, 1330-137.) -MISC1- PRIOR PROVISIONS A prior section 1320c-2, act Aug. 14, 1935, ch. 531, title XI, Sec. 1153, as added Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 249F(b), 86 Stat. 1432, which related to review pending designation of a Professional Standards Review Organization in a given area, was omitted in the general revision of this part by section 143 of Pub. L. 97-248. AMENDMENTS 1987 - Subsec. (c). Pub. L. 100-203, Sec. 4094(d)(1), inserted after and below par. (8) the following: 'In evaluating the performance of utilization and quality control peer review organizations under contracts under this part, the Secretary shall place emphasis on the performance of such organizations in educating providers and practitioners (particularly those in rural areas) concerning the review process and criteria being applied by the organization.' Subsec. (c)(3). Pub. L. 100-203, Sec. 4091(a)(2)(A), substituted 'three' for 'two' and 'triennial' for 'biennial'. Subsec. (e). Pub. L. 100-203, Sec. 4091(b)(2), designated existing provisions as par. (1), substituted 'Except as provided in paragraph (2), contracting' for 'Contracting', and added par. (2). Subsec. (h). Pub. L. 100-203, Sec. 4091(b)(1), added subsec. (h). Subsec. (i). Pub. L. 100-203, Sec. 4092(a), added subsec. (i). 1986 - Subsec. (b)(2)(A). Pub. L. 99-272, Sec. 9404(a), substituted 'consists only of members of the governing board' for 'consists only of one individual member of the governing board'. Subsec. (c)(8). Pub. L. 99-272, Sec. 9402(b), amended par. (8) generally. Prior to amendment, par. (8) read as follows: 'reimbursement shall be made to the organization in accordance with the terms of the contract.' Subsec. (d)(4). Pub. L. 99-272, Sec. 9406(a), added par. (4). Subsec. (g). Pub. L. 99-509 added subsec. (g). 1984 - Subsec. (b)(2)(A). Pub. L. 98-369, Sec. 2347(c)(1), substituted 'Prior to November 15, 1984' for 'During the first twelve months in which the Secretary is entering into contracts under this section'. Pub. L. 98-369, Sec. 2334(b), inserted '(other than a self-insured employer)' and provision that for purposes of this paragraph an entity shall not be considered to be affiliated with another entity which makes payments (directly or indirectly) to any practitioner or provider, by reason of management, ownership, or common control, if the management, ownership, or common control consists only of one individual member of the governing board being affiliated (through management, ownership, or common control) with a health maintenance organization or competitive medical plan which is an 'eligible organization' as defined in section 1395mm(b) of this title. Subsec. (b)(2)(B). Pub. L. 98-369, Sec. 2347(c)(2), substituted 'after November 14, 1984' for 'after the expiration of the twelve-month period referred to in subparagraph (A)'. Subsec. (b)(2)(C). Pub. L. 98-369, Sec. 2347(c)(3), struck out subpar. (C) which provided that the twelve-month period formerly referred to in subpar. (A) would be deemed to have begun not later than October 1983. Subsec. (b)(3). Pub. L. 98-369, Sec. 2334(a), designated existing provisions as subpar. (A) and added subpar. (B). 1983 - Subsec. (b)(2)(C). Pub. L. 98-21 added subpar. (C). Subsec. (d). Pub. L. 97-448 substituted reference to 'subsection (c)(6)(B)' for 'subsection (c)(5)(B)' and 'subsection (c)(5)(C)' in pars. (1) and (2), respectively. EFFECTIVE DATE OF 1987 AMENDMENT Section 4091(a)(2)(B) of Pub. L. 100-203 provided that: 'The amendment made by subparagraph (A) (amending this section) shall apply with respect to contracts entered into or renewed on or after the date of the enactment of this Act (Dec. 22, 1987).' Section 4091(b)(3) of Pub. L. 100-203 provided that: 'The amendment made by paragraphs (1) and (2) (amending this section) shall become effective on the date of enactment of this Act (Dec. 22, 1987).' Section 4092(b) of Pub. L. 100-203 provided that: 'The amendment made by subsection (a) (amending this section) shall apply with respect to contracts scheduled to be renewed on or after the first day of the eighth month to begin after the date of enactment of this Act (Dec. 22, 1987).' Section 4094(d)(2) of Pub. L. 100-203 provided that: 'The amendment made by paragraph (1) (amending this section) shall apply to contracts under part B of title XI of the Social Security Act (this part) as of January 1, 1988.' EFFECTIVE DATE OF 1986 AMENDMENTS Section 9352(c)(1) of Pub. L. 99-509 provided that: 'The Secretary of Health and Human Services shall implement the amendment made by subsection (a) (amending this section and section 1395h of this title) not later than 6 months after the date of the enactment of this Act (Oct. 21, 1986).' Section 9402(c)(2) of Pub. L. 99-272 provided that: 'The amendment made by subsection (b) (amending this section) shall apply to contracts entered into or renewed on or after the date of the enactment of this Act (Apr. 7, 1986).' Section 9404(b) of Pub. L. 99-272 provided that: 'The amendment made by this section (amending this section) shall become effective on the date of the enactment of this Act (Apr. 7, 1986).' Section 9406(b) of Pub. L. 99-272 provided that: 'The amendment made by this section (amending this section) shall become effective on the date of the enactment of this Act (Apr. 7, 1986).' EFFECTIVE DATE OF 1984 AMENDMENT Section 2334(c) of Pub. L. 98-369 provided that: 'The amendments made by this section (amending this section) shall become effective on the date of the enactment of this Act (July 18, 1984).' Section 2347(d) of Pub. L. 98-369 provided that: 'The provisions of, and amendments made by, this section (amending this section and section 1395cc of this title and enacting provisions set out as a note under section 1395cc of this title) shall become effective on the date of the enactment of this Act (July 18, 1984).' EFFECTIVE DATE OF 1983 AMENDMENTS Amendment by Pub. L. 98-21 applicable to items and services furnished by or under arrangement with a hospital beginning with its first cost reporting period that begins on or after Oct. 1, 1983, any change in a hospital's cost reporting period made after November 1982 to be recognized for such purposes only if the Secretary finds good cause therefor, see section 604(a)(1) of Pub. L. 98-21, set out as a note under section 1395ww of this title. Amendment by Pub. L. 97-448 effective as if originally included as a part of this section as this section was added by the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, see section 309(c)(2) of Pub. L. 97-448, set out as a note under section 426-1 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, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. EXTENSIONS OF PEER REVIEW CONTRACT PERIOD; ONE-TIME EXTENSIONS TO PERMIT STAGGERING OF EXPIRATION DATES Section 4091(a)(1) of Pub. L. 100-203, as amended by Pub. L. 100-360, title IV, Sec. 411(j)(1), July 1, 1988, 102 Stat. 790, provided that: '(A) In general. - In order to permit the Secretary of Health and Human Services an adequate time to complete contract renewal negotiations with utilization and quality control peer review organizations under part B of title XI of the Social Security Act (this part) and to provide for a staggered period of contract expiration dates, notwithstanding section 1153(c) of such Act (subsec. (c) of this section), the Secretary may provide for extensions of existing contracts, but the total of such extensions may not exceed 24 months for any contract. '(B) Effective date. - The amendment made by subparagraph (A) shall apply to contracts expiring on or after the date of the enactment of this Act (Dec. 22, 1987).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1320c-1, 1320c-3, 1320c-6 of this title. ------DocID 46135 Document 1340 of 1400------ -CITE- 42 USC Sec. 1395b-2 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XVIII -HEAD- Sec. 1395b-2. Notice of medicare benefits -STATUTE- The Secretary shall prepare (in consultation with groups representing the elderly and with health insurers) and provide for distribution of a notice containing - (1) a clear, simple explanation of the benefits available under this subchapter and the major categories of health care for which benefits are not available under this subchapter, (2) the limitations on payment (including deductibles and coinsurance amounts) that are imposed under this subchapter, and (3) a description of the limited benefits for long-term care services available under this subchapter and generally available under State plans approved under subchapter XIX of this chapter. Such notice shall be mailed annually to individuals entitled to benefits under part A or part B of this subchapter and when an individual applies for benefits under part A of this subchapter or enrolls under part B of this subchapter. -SOURCE- (Aug. 14, 1935, ch. 531, title XVIII, Sec. 1804, as added July 1, 1988, Pub. L. 100-360, title II, Sec. 223(a), 102 Stat. 747.) -REFTEXT- REFERENCES IN TEXT Parts A and B of this subchapter, referred to in text, are classified to sections 1395c et seq. and 1395j et seq., respectively, of this title. -MISC2- EFFECTIVE DATE Section 223(d)(1) of Pub. L. 100-360 provided that: 'The Secretary of Health and Human Services shall first distribute the notice required by the amendment made by subsection (a) (enacting this section) not later than January 31, 1989.' NOTICE OF CHANGES UNDER REPEAL OF MEDICARE CATASTROPHIC COVERAGE Pub. L. 101-234, title II, Sec. 203(c), Dec. 13, 1989, 103 Stat. 1984, provided that: 'The Secretary of Health and Human Services shall provide, in the notice of medicare benefits provided under section 1804 of the Social Security Act (this section) for 1990, for a description of the changes in benefits under title XVIII of such Act (this subchapter) made by the amendments made by this Act (see Tables for classification).' BENEFITS COUNSELING AND ASSISTANCE DEMONSTRATION PROJECT FOR CERTAIN MEDICARE AND MEDICAID BENEFICIARIES Section 424 of Pub. L. 100-360, which directed Secretary of Health and Human Services to establish a demonstration project to demonstrate that its volunteers were adequately trained and competent to render effective benefits counseling and assistance to the elderly, was repealed by Pub. L. 101-234, title III, Sec. 301(a), Dec. 13, 1989, 103 Stat. 1985. ------DocID 46148 Document 1341 of 1400------ -CITE- 42 USC Sec. 1395i-2 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XVIII Part A -HEAD- Sec. 1395i-2. Hospital insurance benefits for uninsured elderly individuals not otherwise eligible -STATUTE- (a) Individuals eligible to enroll Every individual who - (1) has attained the age of 65, (2) is enrolled under part B of this subchapter, (3) is a resident of the United States, and is either (A) a citizen or (B) an alien lawfully admitted for permanent residence who has resided in the United States continuously during the 5 years immediately preceding the month in which he applies for enrollment under this section, and (4) is not otherwise entitled to benefits under this part, shall be eligible to enroll in the insurance program established by this part. (b) Time, manner, and form of enrollment An individual may enroll under this section only in such manner and form as may be prescribed in regulations, and only during an enrollment period prescribed in or under this section. (c) Period of enrollment; scope of coverage The provisions of section 1395p of this title (except subsection (f) thereof), section 1395q of this title, subsection (b) of section 1395r of this title, and subsections (f) and (h) of section 1395s of this title shall apply to persons authorized to enroll under this section except that - (1) individuals who meet the conditions of subsection (a)(1), (3), and (4) of this section on or before the last day of the seventh month after October 1972 may enroll under this part and (if not already so enrolled) may also enroll under part B of this subchapter during an initial general enrollment period which shall begin on the first day of the second month which begins after October 30, 1972, and shall end on the last day of the tenth month after October 1972; (2) in the case of an individual who first meets the conditions of eligibility under this section on or after the first day of the eighth month after October 1972, the initial enrollment period shall begin on the first day of the third month before the month in which he first becomes eligible and shall end 7 months later; (3) in the case of an individual who enrolls pursuant to paragraph (1) of this subsection, entitlement to benefits shall begin on - (A) the first day of the second month after the month in which he enrolls, (B) July 1, 1973, or (C) the first day of the first month in which he meets the requirements of subsection (a) of this section, whichever is the latest; (4) an individual's entitlement under this section shall terminate with the month before the first month in which he becomes eligible for hospital insurance benefits under section 426 of this title or section 426a of this title; and upon such termination, such individual shall be deemed, solely for purposes of hospital insurance entitlement, to have filed in such first month the application required to establish such entitlement; (5) termination of coverage for supplementary medical insurance shall result in simultaneous termination of hospital insurance benefits for uninsured individuals who are not otherwise entitled to benefits under this chapter; (6) any percent increase effected under section 1395r(b) of this title in an individual's monthly premium may not exceed 10 percent and shall only apply to premiums paid during a period equal to twice the number of months in the full 12-month periods described in that section; (7) an individual who meets the conditions of subsection (a) of this section may enroll under this part during a special enrollment period that includes any month during any part of which the individual is enrolled under section 1395mm of this title with an eligible organization and ending with the last day of the 8th consecutive month in which the individual is at no time so enrolled; (8) in the case of an individual who enrolls during a special enrollment period under paragraph (7) - (A) in any month of the special enrollment period in which the individual is at any time enrolled under section 1395mm of this title with an eligible organization or in the first month following such a month, the coverage period shall begin on the first day of the month in which the individual so enrolls (or, at the option of the individual, on the first day of any of the following three months), or (B) in any other month of the special enrollment period, the coverage period shall begin on the first day of the month following the month in which the individual so enrolls; and (9) in applying the provisions of section 1395r(b) of this title, there shall not be taken into account months for which the individual can demonstrate that the individual was enrolled under section 1395mm of this title with an eligible organization. (d) Monthly premiums (1) The Secretary shall, during September of each year (beginning with 1988), estimate the monthly actuarial rate for months in the succeeding year. Such actuarial rate shall be one-twelfth of the amount which the Secretary estimates (on an average, per capita basis) is equal to 100 percent of the benefits and administrative costs which will be payable from the Federal Hospital Insurance Trust Fund for services performed and related administrative costs incurred in the succeeding year with respect to individuals age 65 and over who will be entitled to benefits under this part during that year. (2) The Secretary shall, during September of each year (FOOTNOTE 1) determine and promulgate the dollar amount which shall be applicable for premiums for months occurring in the following year. Such amount shall be equal to the monthly actuarial rate determined under paragraph (1) for that following year. Any amount determined under the preceding sentence which is not a multiple of $1 shall be rounded to the nearest multiple of $1 (or, if it is a multiple of 50 cents but not a multiple of $1, to the next higher multiple of $1). (FOOTNOTE 1) So in original. Probably should be followed by a comma. (3) Whenever the Secretary promulgates the dollar amount which shall be applicable as the monthly premium under this section, he shall, at the time such promulgation is announced, issue a public statement setting forth the actuarial assumptions and bases employed by him in arriving at the amount of an adequate actuarial rate for individuals 65 and older as provided in paragraph (1). (e) Contract or other arrangement for payment of monthly premiums Payment of the monthly premiums on behalf of any individual who meets the conditions of subsection (a) of this section may be made by any public or private agency or organization under a contract or other arrangement entered into between it and the Secretary if the Secretary determines that payment of such premiums under such contract or arrangement is administratively feasible. (f) Deposit of amounts into Treasury Amounts paid to the Secretary for coverage under this section shall be deposited in the Treasury to the credit of the Federal Hospital Insurance Trust Fund. (g) Buy-in under this part for qualified medicare beneficiaries (1) The Secretary shall, at the request of a State made after 1989, enter into a modification of an agreement entered into with the State pursuant to section 1395v(a) of this title under which the agreement provides for enrollment in the program established by this part of qualified medicare beneficiaries (as defined in section 1396d(p)(1) of this title). (2)(A) Except as provided in subparagraph (B), the provisions of subsections (c), (d), (e), and (f) of section 1395v of this title shall apply to qualified medicare beneficiaries enrolled, pursuant to such agreement, in the program established by this part in the same manner and to the same extent as they apply to qualified medicare beneficiaries enrolled, pursuant to such agreement, in part B of this subchapter. (B) For purposes of this subsection, section 1395v(d)(1) of this title shall be applied by substituting 'section 1395i-2 of this title' for 'section 1395r of this title' and 'subsection (c)(6) (with reference to subsection (b) of section 1395r of this title)' for 'subsection (b).'. (FOOTNOTE 2) (FOOTNOTE 2) So in original. -SOURCE- (Aug. 14, 1935, ch. 531, title XVIII, Sec. 1818, as added Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 202, 86 Stat. 1374, and amended Apr. 20, 1983, Pub. L. 98-21, title VI, Sec. 606(a)(3)(D), (b), 97 Stat. 170, 171; July 18, 1984, Pub. L. 98-369, div. B, title III, Sec. 2315(e), 2354(b)(3), (4), 98 Stat. 1080, 1100; Apr. 7, 1986, Pub. L. 99-272, title IX, Sec. 9124(a), 100 Stat. 168; Dec. 22, 1987, Pub. L. 100-203, title IV, Sec. 4009(j)(9), as added July 1, 1988, Pub. L. 100-360, title IV, Sec. 411(b)(8)(D), 102 Stat. 772; July 1, 1988, Pub. L. 100-360, title I, Sec. 103, 102 Stat. 687; Oct. 13, 1988, Pub. L. 100-485, title VI, Sec. 608(d)(2), 102 Stat. 2413; Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6012(a)(1), 6013(a), 103 Stat. 2161, 2163; Nov. 5, 1990, Pub. L. 101-508, title IV, Sec. 4008(g)(1), (m)(3)(D), 104 Stat. 1388-45, 1388-54.) -REFTEXT- REFERENCES IN TEXT Part B of this subchapter, referred to in subsecs. (a)(2), (c)(1), and (g)(2)(A), is classified to section 1395j et seq. of this title. -MISC2- AMENDMENTS 1990 - Subsec. (c)(7) to (9). Pub. L. 101-508, Sec. 4008(g)(1), added pars. (7) to (9). Subsec. (g)(2)(B). Pub. L. 101-508, Sec. 4008(m)(3)(D), substituted ' 'subsection (c)(6)' for ' 'subsection (c)'. 1989 - Pub. L. 101-239, Sec. 6012(a)(1), inserted 'elderly' after 'uninsured' in section catchline. Subsec. (g). Pub. L. 101-239, Sec. 6013(a), added subsec. (g). 1988 - Subsec. (c)(4) to (7). Pub. L. 100-360, Sec. 411(b)(8)(D), added Pub. L. 100-203, Sec. 4009(j)(9), see 1987 Amendment note below. Subsec. (d). Pub. L. 100-360, Sec. 103, amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: '(1) The monthly premium of each individual for each month in his coverage period before July 1974 shall be $33. '(2) The Secretary shall, during the next to last calendar quarter of each year determine and promulgate the dollar amount (whether or not such dollar amount was applicable for premiums for any prior month) which shall be applicable for premiums for months occurring in the following calendar year. Such amount shall be equal to $33, multiplied by the ratio of (A) the inpatient hospital deductible for that following calendar year, as promulgated under section 1395e(b)(2) of this title, to (B) such deductible promulgated for 1973. Any amount determined under the preceding sentence which is not a multiple of $1 shall be rounded to the nearest multiple of $1, or, if a multiple of 50 cents but not a multiple of $1, to the next higher multiple of $1.' Subsec. (d)(1). Pub. L. 100-485 substituted 'during that year' for 'during that entire year'. 1987 - Subsec. (c)(4) to (7). Pub. L. 100-203, Sec. 4009(j)(9), as added by Pub. L. 100-360, Sec. 411(b)(8)(D), redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4) which read as follows: 'termination of coverage under this section by the filing of notice that the individual no longer wishes to participate in the hospital insurance program shall take effect at the close of the month following the month in which such notice is filed;'. 1986 - Subsec. (c)(7). Pub. L. 99-272 added par. (7). 1984 - Subsec. (c). Pub. L. 98-369, Sec. 2315(e), substituted 'subsection (b) of section 1395r of this title' for 'subsection (a) of section 1395r of this title'. Subsec. (c)(1). Pub. L. 98-369, Sec. 2354(b)(3), substituted 'October 1972' for 'the month in which this Act is enacted'. Subsec. (d)(2). Pub. L. 98-369, Sec. 2354(b)(4), substituted ', if a multiple of 50 cents but not a multiple of $1,' for 'if midway between multiples of $1'. 1983 - Subsec. (c). Pub. L. 98-21, Sec. 606(a)(3)(D), substituted 'subsection (a) of section 1395r' for 'subsection (c) of section 1395r'. Subsec. (d)(2). Pub. L. 98-21, Sec. 606(b), substituted 'during the next to last calendar quarter of each year' for 'during the last calendar quarter of each year, beginning in 1973,', 'the following calendar year' for 'the 12-month period commencing July 1 of the next year', and 'for that following calendar year' for 'for such next year'. EFFECTIVE DATE OF 1990 AMENDMENT Section 4008(g)(2) of Pub. L. 101-508 provided that: 'The amendment made by paragraph (1) (amending this section) shall take effect on February 1, 1991.' EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 6012(a)(1) of Pub. L. 101-239 effective Dec. 19, 1989, but not applicable so as to provide coverage under this part for any month before July 1990, see section 6012(b) of Pub. L. 101-239, set out as an Effective Date note under section 1395i-2a of this title. Section 6013(c) of Pub. L. 101-239 provided that: 'The amendments made by this section (amending this section and section 1395v of this title) shall become effective January 1, 1990.' EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by Pub. L. 100-485 effective as if originally included in the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100-360, see section 608(g)(1) of Pub. L. 100-485, set out as a note under section 704 of this title. Amendment by section 103 of Pub. L. 100-360 effective Jan. 1, 1989, except as otherwise provided, and applicable to inpatient hospital deductible for 1989 and succeeding years, to care and services furnished on or after Jan. 1, 1989, to premiums for January 1989 and succeeding months, and to blood or blood cells furnished on or after Jan. 1, 1989, see section 104(a) of Pub. L. 100-360, set out as a note under section 1395d of this title. Except as specifically provided in section 411 of Pub. L. 100-360, amendment by section 411(b)(8)(D) of Pub. L. 100-360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, effective as if included in the enactment of that provision in Pub. L. 100-203, see section 411(a) of Pub. L. 100-360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. EFFECTIVE DATE OF 1986 AMENDMENT Section 9124(b) of Pub. L. 99-272 provided that: '(1) The amendment made by subsection (a)(3) (amending this section) shall apply to premiums paid for months beginning with July 1986. '(2) In applying that amendment, months (before, during, or after April 1986) in which an individual was required to pay a premium increased under the section that was so amended shall be taken into account in determining the month in which the premium will no longer be subject to an increase under that section as so amended.' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 2315(e) of Pub. L. 98-369 effective as though included in the enactment of the Social Security Amendments of 1983, Pub. L. 98-21, see section 2315(g) of Pub. L. 98-369, set out as an Effective and Termination Dates of 1984 Amendments note under section 1395ww of this title. Amendment by section 2354(b)(3), (4) of Pub. L. 98-369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2354(e)(1) of Pub. L. 98-369, set out as a note under section 1320a-1 of this title. EFFECTIVE DATE OF 1983 AMENDMENT; TRANSITIONAL RULE Amendment by Pub. L. 98-21 applicable to premiums for months beginning with January 1984, but for months after June 1983 and before January 1984, the monthly premium for June 1983 shall apply to individuals enrolled under parts A and B of this subchapter, see section 606(c) of Pub. L. 98-21, set out as a note under section 1395r of this title. SPECIAL ENROLLMENT PROVISIONS FOR MERCHANT SEAMEN Pub. L. 97-248, title I, Sec. 125, Sept. 3, 1982, 96 Stat. 365, provided that: '(a) Any individual who - '(1) was entitled to medical, surgical, and dental treatment and hospitalization under section 322(a) of the Public Health Service Act (section 249(a) of this title) (as in effect on September 30, 1981), including such entitlement on the basis of continuing medical care under 42 C.F.R. Sec. 32.17, at any time during the period beginning on March 10, 1981, and ending on October 1, 1981, and '(2) as of September 30, 1981, was eligible under section 1818(a) or section 1836 of the Social Security Act (this section or section 1395o of this title) to enroll in the insurance program established by part A or part B, respectively, of title XVIII of that Act (this subchapter) (hereinafter in this section referred to as the 'respective program'), may enroll (if not otherwise enrolled) in the respective program during the period beginning on the first day of the first month beginning at least 20 days after the date of the enactment of this Act (Sept. 3, 1982) and ending on December 31, 1982. '(b)(1) The coverage period under the respective program of an individual who enrolls under subsection (a) shall begin - '(A) on the first day of the month following the month in which the individual enrolls, or '(B) on October 1, 1981, if the individual files a request for this subparagraph to apply and pays the monthly premiums for the months so covered. '(2) The coverage period under the respective program of an individual described in subsection (a) who enrolled in the respective program before the enrollment period described in that subsection shall be retroactively extended to October 1, 1981, if the individual files a request before January 1, 1983, for such retroactive extension and pays the monthly premiums for the months so covered. '(c)(1) For purposes of section 1839(d) of the Social Security Act (section 1395r(d) of this title) with respect to the monthly premium for months after September 1981, if an individual described in subsection (a) has enrolled in the insurance program under part B of title XVIII of the Social Security Act (part B of this subchapter) at any time before the end of the enrollment period described in subsection (a), any month (before the end of that enrollment period) in which he was not enrolled in that program shall not be treated as a month in which he could have been enrolled in the program. '(2) Paragraph (1) shall not apply to an individual - '(A) if the individual has enrolled in the insurance program before March 10, 1981, unless the enrollment was terminated solely because the individual lost eligibility to be so enrolled, or '(B) unless the individual applies for the benefit of such paragraph before January 1, 1983. '(d)(1) The Secretary of Health and Human Services, beginning as soon as possible but not later than 30 days after the date of the enactment of this Act (Sept. 3, 1982), shall provide for the dissemination of information - '(A) to unions and other associations representing or assisting seamen, '(B) to offices enrolling individuals under the respective programs, and '(C) to such other entities and in such a manner as will effectively inform individuals eligible for benefits under this section, concerning the special benefits provided under this section. '(2) An individual may establish that the individual was entitled at a date to medical, surgical, and dental treatment and hospitalization under section 322(a) of the Public Health Service Act (section 249(a) of this title) (as in effect before October 1, 1981) by providing - '(A) documentation relating to the status under which the individual was provided care in (or under arrangements with) a Public Health Service facility on that date, '(B) the individual's seamen's papers covering that date, or '(C) such other reasonable documentation as the Secretary may require.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1395i-2a, 1395p, 1395v, 1395ff, 1395gg, 1396d of this title; title 25 section 1622; title 26 section 6103. ------DocID 46164 Document 1342 of 1400------ -CITE- 42 USC Sec. 1395t-1, 1395t-2 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XVIII Part B -HEAD- Sec. 1395t-1, 1395t-2. Repealed. Pub. L. 101-234, title II, Sec. 202(a), Dec. 13, 1989, 103 Stat. 1981 -MISC1- Section 1395t-1, act Aug. 14, 1935, ch. 531, title XVIII, Sec. 1841A, as added July 1, 1988, Pub. L. 100-360, title II, Sec. 212(a), 102 Stat. 739, and amended Oct. 13, 1988, Pub. L. 100-485, title VI, Sec. 608(d)(10)(A), 102 Stat. 2415, provided for the creation of the Federal Catastrophic Drug Insurance Trust Fund. Section 1395t-2, act Aug. 14, 1935, ch. 531, title XVIII, Sec. 1841B, as added July 1, 1988, Pub. L. 100-360, title II, Sec. 213, formerly Sec. 213(a), 102 Stat. 741, as redesignated Oct. 13, 1988, Pub. L. 100-485, title VI, Sec. 608(d)(11), 102 Stat. 2415, provided for the creation of the Medicare Catastrophic Coverage Account. EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1990, see section 202(b) of Pub. L. 101-234, set out as an Effective Date of 1989 Amendment note under section 401 of this title. ------DocID 46169 Document 1343 of 1400------ -CITE- 42 USC Sec. 1395w-2 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XVIII Part B -HEAD- Sec. 1395w-2. Intermediate sanctions for providers or suppliers of clinical diagnostic laboratory tests -STATUTE- (a) If the Secretary determines that any provider or clinical laboratory approved for participation under this subchapter no longer substantially meets the conditions of participation or for coverage specified under this subchapter with respect to the provision of clinical diagnostic laboratory tests under this part, the Secretary may (for a period not to exceed one year) impose intermediate sanctions developed pursuant to subsection (b) of this section, in lieu of terminating immediately the provider agreement or cancelling immediately approval of the clinical laboratory. (b)(1) The Secretary shall develop and implement - (A) a range of intermediate sanctions to apply to providers or clinical laboratories under the conditions described in subsection (a), and (B) appropriate procedures for appealing determinations relating to the imposition of such sanctions. (2)(A) The intermediate sanctions developed under paragraph (1) shall include - (i) directed plans of correction, (ii) civil money penalties in an amount not to exceed $10,000 for each day of substantial noncompliance, (iii) payment for the costs of onsite monitoring by an agency responsible for conducting surveys, and (iv) suspension of all or part of the payments to which a provider or clinical laboratory would otherwise be entitled under this subchapter with respect to clinical diagnostic laboratory tests furnished on or after the date on which the Secretary determines that intermediate sanctions should be imposed pursuant to subsection (a) of this section. The provisions of section 1320a-7a of this title (other than subsections (a) and (b)) shall apply to a civil money penalty under clause (ii) in the same manner as such provisions apply to a penalty or proceeding under section 1320a-7a(a) of this title. (B) The sanctions specified in subparagraph (A) are in addition to sanctions otherwise available under State or Federal law. (3) The Secretary shall develop and implement specific procedures with respect to when and how each of the intermediate sanctions developed under paragraph (1) is to be applied, the amounts of any penalties, and the severity of each of these penalties. Such procedures shall be designed so as to minimize the time between identification of violations and imposition of these sanctions and shall provide for the imposition of incrementally more severe penalties for repeated or uncorrected deficiencies. -SOURCE- (Aug. 14, 1935, ch. 531, title XVIII, Sec. 1846, as added Dec. 22, 1987, Pub. L. 100-203, title IV, Sec. 4064(d)(1), 101 Stat. 1330-111, and amended July 1, 1988, Pub. L. 100-360, title II, Sec. 203(e)(4), title IV, Sec. 411(g)(3)(G), 102 Stat. 725, 784; Oct. 13, 1988, Pub. L. 100-485, title VI, Sec. 608(d)(22)(C), 102 Stat. 2421; Dec. 13, 1989, Pub. L. 101-234, title II, Sec. 201(a), 103 Stat. 1981; Nov. 5, 1990, Pub. L. 101-508, title IV, Sec. 4154(e)(2), 104 Stat. 1388-86.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-508 substituted 'providers or suppliers of' for 'providers of' in section catchline. 1989 - Pub. L. 101-234 repealed Pub. L. 100-360, Sec. 203(e)(4), and provided that the provisions of law amended or repealed by such section are restored or revived as if such section had not been enacted, see 1988 Amendment notes below. 1988 - Pub. L. 100-360, Sec. 203(e)(4)(A), inserted 'and for qualified home intravenous drug therapy providers' at end of section catchline. Subsec. (a). Pub. L. 100-360, Sec. 411(g)(3)(G)(i)(I), as amended by Pub. L. 100-485, substituted 'approved' for 'certified'. Pub. L. 100-360, Sec. 411(g)(3)(G)(i)(II), inserted 'or for coverage' after 'conditions of participation'. Pub. L. 100-360, Sec. 411(g)(3)(G)(i)(III), which directed amendment of subsec. (a) by substituting 'terminating immediately the provider agreement or cancelling immediately approval of the clinical laboratory' for 'cancelling immediately the certification of the provider or clinical laboratory', was executed by making the substitution for 'canceling immediately the certification of the provider or clinical laboratory' to reflect the probable intent of Congress. Pub. L. 100-360, Sec. 203(e)(4)(B), inserted 'or that a qualified home intravenous drug therapy provider that is certified for participation under this subchapter no longer substantially meets the requirements of section 1395x(jj)(3) of this title' after 'under this part'. Subsec. (b)(1)(A). Pub. L. 100-360, Sec. 411(g)(3)(G)(ii), struck out 'certified' before 'clinical laboratories'. Subsec. (b)(2)(A). Pub. L. 100-360, Sec. 411(g)(3)(G)(iv), inserted at end 'The provisions of section 1320a-7a of this title (other than subsections (a) and (b)) shall apply to a civil money penalty under clause (ii) in the same manner as such provisions apply to a penalty or proceeding under section 1320a-7a(a) of this title.' Subsec. (b)(2)(A)(ii). Pub. L. 100-360, Sec. 411(g)(3)(G)(iii), substituted 'civil money penalties in an amount not to exceed $10,000 for each day of substantial noncompliance' for 'civil fines and penalties'. Subsec. (b)(2)(A)(iii). Pub. L. 100-360, Sec. 411(g)(3)(G)(v), struck out 'certification' before 'surveys'. Subsec. (b)(2)(A)(iv). Pub. L. 100-360, Sec. 411(g)(3)(G)(ii), (vi), struck out 'certified' before 'clinical laboratory' and substituted 'furnished on or after the date on' for 'provided on or after the date in'. Pub. L. 100-360, Sec. 203(e)(4)(C), inserted 'or home intravenous drug therapy services' after 'clinical diagnostic laboratory tests'. Subsec. (b)(3). Pub. L. 100-360, Sec. 411(g)(3)(G)(vii), substituted 'any penalties' for 'any fines' and 'severe penalties' for 'severe fines'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 effective as if included in the enactment of the Omnibus Budget Reconciliation Act of 1989, Pub. L. 101-239, see section 4154(e)(5) of Pub. L. 101-508, set out as a note under section 1395l of this title. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-234 effective Jan. 1, 1990, see section 201(c) of Pub. L. 101-234, set out as a note under section 1320a-7a of this title. EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by Pub. L. 100-485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100-360, see section 608(g)(1) of Pub. L. 100-485, set out as a note under section 704 of this title. Amendment by section 203(e)(4) of Pub. L. 100-360 applicable to items and services furnished on or after Jan. 1, 1990, see section 203(g) of Pub. L. 100-360, set out as a note under section 1320c-3 of this title. Except as specifically provided in section 411 of Pub. L. 100-360, amendment by section 411(g)(3)(G) of Pub. L. 100-360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, effective as if included in the enactment of that provision in Pub. L. 100-203, see section 411(a) of Pub. L. 100-360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. EFFECTIVE DATE Section 4064(d)(2) of Pub. L. 100-203 provided that: 'The amendment made by paragraph (1) (enacting this section) shall become effective on January 1, 1990.' ------DocID 46226 Document 1344 of 1400------ -CITE- 42 USC Sec. 1396r-2 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XIX -HEAD- Sec. 1396r-2. Information concerning sanctions taken by State licensing authorities against health care practitioners and providers -STATUTE- (a) Information reporting requirement The requirement referred to in section 1396a(a)(49) of this title is that the State must provide for the following: (1) Information reporting system The State must have in effect a system of reporting the following information with respect to formal proceedings (as defined by the Secretary in regulations) concluded against a health care practitioner or entity by any authority of the State (or of a political subdivision thereof) responsible for the licensing of health care practitioners (or any peer review organization or private accreditation entity reviewing the services provided by health care practitioners) or entities: (A) Any adverse action taken by such licensing authority as a result of the proceeding, including any revocation or suspension of a license (and the length of any such suspension), reprimand, censure, or probation. (B) Any dismissal or closure of the proceedings by reason of the practitioner or entity surrendering the license or leaving the State or jurisdiction. (C) Any other loss of the license of the practitioner or entity, whether by operation of law, voluntary surrender, or otherwise. (D) Any negative action or finding by such authority, organization, or entity regarding the practitioner or entity. (2) Access to documents The State must provide the Secretary (or an entity designated by the Secretary) with access to such documents of the authority described in paragraph (1) as may be necessary for the Secretary to determine the facts and circumstances concerning the actions and determinations described in such paragraph for the purpose of carrying out this chapter. (b) Form of information The information described in subsection (a)(1) of this section shall be provided to the Secretary (or to an appropriate private or public agency, under suitable arrangements made by the Secretary with respect to receipt, storage, protection of confidentiality, and dissemination of information) in such a form and manner as the Secretary determines to be appropriate in order to provide for activities of the Secretary under this chapter and in order to provide, directly or through suitable arrangements made by the Secretary, information - (1) to agencies administering Federal health care programs, including private entities administering such programs under contract, (2) to licensing authorities described in subsection (a)(1) of this section, (3) to State agencies administering or supervising the administration of State health care programs (as defined in section 1320a-7(h) of this title), (4) to utilization and quality control peer review organizations described in part B of subchapter XI of this chapter and to appropriate entities with contracts under section 1320c-3(a)(4)(C) of this title with respect to eligible organizations reviewed under the contracts, (5) to State medicaid fraud control units (as defined in section 1396b(q) of this title), (6) to hospitals and other health care entities (as defined in section 431 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11151)), with respect to physicians or other licensed health care practitioners that have entered (or may be entering) into an employment or affiliation relationship with, or have applied for clinical privileges or appointments to the medical staff of, such hospitals or other health care entities (and such information shall be deemed to be disclosed pursuant to section 427 (42 U.S.C. 11137) of, and be subject to the provisions of, that Act (42 U.S.C. 11101 et seq.)), (7) to the Attorney General and such other law enforcement officials as the Secretary deems appropriate, and (8) upon request, to the Comptroller General, in order for such authorities to determine the fitness of individuals to provide health care services, to protect the health and safety of individuals receiving health care through such programs, and to protect the fiscal integrity of such programs. (c) Confidentiality of information provided The Secretary shall provide for suitable safeguards for the confidentiality of the information furnished under subsection (a) of this section. Nothing in this subsection shall prevent the disclosure of such information by a party which is otherwise authorized, under applicable State law, to make such disclosure. (d) Appropriate coordination The Secretary shall provide for the maximum appropriate coordination in the implementation of subsection (a) of this section and section 422 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11132). -SOURCE- (Aug. 14, 1935, ch. 531, title XIX, Sec. 1921, as added Aug. 18, 1987, Pub. L. 100-93, Sec. 5(b), 101 Stat. 690, and amended Nov. 5, 1990, Pub. L. 101-508, title IV, Sec. 4752(f)(1), 104 Stat. 1388-208.) -REFTEXT- REFERENCES IN TEXT Part B of subchapter XI of this chapter, referred to in subsec. (b)(4), is classified to section 1320c et seq. of this title. That Act, referred to in subsec. (b)(6), is title IV of Pub. L. 99-660, Nov. 14, 1986, 100 Stat. 3784, as amended, known as the Health Care Quality Improvement Act of 1986, which is classified generally to chapter 117 (Sec. 11101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 11101 of this title and Tables. -MISC2- PRIOR PROVISIONS A prior section 1921 of act Aug. 14, 1935, was renumbered section 1928, and is classified to section 1396s of this title. AMENDMENTS 1990 - Subsec. (a)(1). Pub. L. 101-508, Sec. 4752(f)(1)(A), inserted '(or any peer review organization or private accreditation entity reviewing the services provided by health care practitioners)' after 'health care practitioners' in introductory provisions. Subsec. (a)(1)(D). Pub. L. 101-508, Sec. 4752(f)(1)(B), added subpar. (D). EFFECTIVE DATE OF 1990 AMENDMENT Section 4752(f)(2) of Pub. L. 101-508 provided that: 'The amendments made by paragraph (1) (amending this section) shall apply to State information reporting systems as of January 1, 1992, without regard to whether or not the Secretary of Health and Human Services has promulgated any regulations to carry out such amendments by such date.' EFFECTIVE DATE Section applicable, with certain exceptions, to payments under subchapter XIX of this chapter for calendar quarters beginning more than thirty days after Aug. 18, 1987, without regard to whether or not final regulations to carry out this section have been published by that date, see section 15(c)(1), (2) of Pub. L. 100-93 set out as an Effective Date of 1987 Amendment note under section 1320a-7 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1396a of this title. ------DocID 46304 Document 1345 of 1400------ -CITE- 42 USC Sec. 1437aaa-2 -EXPCITE- TITLE 42 CHAPTER 8 SUBCHAPTER II-A -HEAD- Sec. 1437aaa-2. Implementation grants -STATUTE- (a) Grants The Secretary is authorized to make implementation grants to applicants for the purpose of carrying out homeownership programs approved under this subchapter. (b) Eligible activities Implementation grants may be used for activities to carry out homeownership programs (including programs for cooperative ownership) that meet the requirements under this subchapter, including the following activities: (1) Architectural and engineering work. (2) Implementation of the homeownership program, including acquisition of the public housing project (not including scattered site single family housing of a public housing agency) from a public housing agency for the purpose of transferring ownership to eligible families in accordance with a homeownership program that meets the requirements under this subchapter. (3) Rehabilitation of any public housing project covered by the homeownership program, in accordance with standards established by the Secretary. (4) Administrative costs of the applicant, which may not exceed 15 percent of the amount of assistance provided under this section. (5) Development of resident management corporations and resident management councils, but only if the applicant has not received assistance under section 1437aaa-1 of this title for such activities. (6) Counseling and training of homebuyers and homeowners under the homeownership program. (7) Relocation of tenants who elect to move. (8) Any necessary temporary relocation of tenants during rehabilitation. (9) Funding of operating expenses and replacement reserves of the project covered by the homeownership program, except that the amount of assistance for operating expenses shall not exceed the amount the project would have received if it had continued to receive such assistance under section 1437g of this title, with adjustments comparable to those that would have been made under section 1437g of this title. (10) Implementation of a replacement housing plan. (11) Legal fees. (12) Defraying costs for the ongoing training needs of the recipient that are related to developing and carrying out the homeownership program. (13) Economic development activities that promote economic self-sufficiency of homebuyers, residents, and homeowners under the homeownership program. (c) Matching funding (1) In general Each recipient shall assure that contributions equal to not less than 25 percent of the grant amount made available under this section, excluding any amounts provided for post-sale operating expenses, shall be provided from non-Federal sources to carry out the homeownership program. (2) Form Such contributions may be in the form of - (A) cash contributions from non-Federal resources, which may not include Federal tax expenditures or funds from a grant made under section 5306(b) of this title or section 5306(d) of this title; (B) payment of administrative expenses, as defined by the Secretary, from non-Federal resources, including funds from a grant made under section 5306(b) of this title or section 5306(d) of this title; (C) the value of taxes, fees, or other charges that are normally and customarily imposed but are waived, foregone, or deferred in a manner that facilitates the implementation of a homeownership program assisted under this subchapter; (D) the value of land or other real property as appraised according to procedures acceptable to the Secretary; (E) the value of investment in on-site and off-site infrastructure required for a homeownership program assisted under this subchapter; or (F) such other in-kind contributions as the Secretary may approve. Contributions for administrative expenses shall be recognized only up to an amount equal to 7 percent of the total amount of grants made available under this section. (d) Application (1) Form and procedure An application for an implementation grant shall be submitted by an applicant in such form and in accordance with such procedures as the Secretary shall establish. (2) Minimum requirements The Secretary shall require that an application contain at a minimum - (A) a request for an implementation grant, specifying the amount of the grant requested and its proposed uses; (B) if applicable, an application for assistance under section 1437f of this title, which shall specify the proposed uses of such assistance and the period during which the assistance will be needed; (C) a description of the qualifications and experience of the applicant in providing housing for low-income families; (D) a description of the proposed homeownership program, consistent with section 1437aaa-3 of this title and the other requirements of this subchapter, which shall specify the activities proposed to be carried out and their estimated costs, identifying reasonable schedules for carrying it out, and demonstrating that the program will comply with the affordability requirements under section 1437aaa-3(b) of this title; (E) identification and description of the public housing project or projects involved, and a description of the composition of the tenants, including family size and income; (F) a description of and commitment for the resources that are expected to be made available to provide the matching funding required under subsection (c) of this section and of other resources that are expected to be made available in support of the homeownership program; (G) identification and description of the financing proposed for any (i) rehabilitation and (ii) acquisition (I) of the property, where applicable, by a resident council or other entity for transfer to eligible families, and (II) by eligible families of ownership interests in, or shares representing, units in the project; (H) if the applicant is not a public housing agency, the proposed sales price, if any, the basis for such price determination, and terms to the applicant; (I) the estimated sales prices, if any, and terms to eligible families; (J) any proposed restrictions on the resale of units under a homeownership program; (K) identification and description of the entity that will operate and manage the property; (L) a certification by the public official responsible for submitting the comprehensive housing affordability strategy under section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) that the proposed activities are consistent with the approved housing strategy of the State or unit of general local government within which the project is located (or, during the first 12 months after November 28, 1990, that the application is consistent with such other existing State or local housing plan or strategy that the Secretary shall determine to be appropriate); and (M) a certification that the applicant will comply with the requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), section 794 of title 29, and the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and will affirmatively further fair housing. (e) Selection criteria The Secretary shall establish selection criteria for a national competition for assistance under this section, which shall include - (1) the ability of the applicant to develop and carry out the proposed homeownership program, taking into account the quality of any related ongoing program of the applicant, and the extent of tenant interest in the development of a homeownership program and community support; (2) the feasibility of the homeownership program; (3) the extent to which current tenants and other eligible families will be able to afford the purchase; (4) the quality and viability of the proposed homeownership program, including the viability of the economic self-sufficiency plan; (5) the extent to which funds for activities that do not qualify as eligible activities will be provided in support of the homeownership program; (6) whether the approved comprehensive housing affordability strategy for the jurisdiction within which the public housing project is located includes the proposed homeownership program as one of the general priorities identified pursuant to section 105(b)(7) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705(b)(7)); (7) national geographic diversity among housing for which applicants are selected to receive assistance; and (8) the extent to which a sufficient supply of affordable rental housing of the type assisted under this subchapter exists in the locality, so that the implementation of the homeownership program will not appreciably reduce the number of such rental units available to residents currently residing in such units or eligible for residency in such units. (f) Location within participating jurisdictions The Secretary may approve applications for grants under this subchapter only for public housing projects located within the boundaries of jurisdictions - (1) which are participating jurisdictions under title III of the Cranston-Gonzalez National Affordable Housing Act; or (2) on behalf of which the agency responsible for affordable housing has submitted a housing strategy or plan. (g) Approval The Secretary shall notify each applicant, not later than 6 months after the date of the submission of the application, whether the application is approved or not approved. The Secretary may approve the application for an implementation grant with a statement that the application for the section 8 (42 U.S.C. 1437f) assistance for replacement housing and for residents of the project not purchasing units is conditionally approved, subject to the availability of appropriations in subsequent fiscal years. -SOURCE- (Sept. 1, 1937, ch. 896, title III, Sec. 303, as added Nov. 28, 1990, Pub. L. 101-625, title IV, Sec. 411, 104 Stat. 4150.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in subsecs. (b) (introductory provisions) and (c)(2)(C), (E), was in the original 'this subtitle', and was translated as reading 'this title', meaning title III of act Sept. 1, 1937, ch. 896, as added by Pub. L. 101-625, to reflect the probable intent of Congress, because title III of act Sept. 1, 1937, does not contain subtitles. The Fair Housing Act, referred to in subsec. (d)(2)(M), is title VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which is classified principally to subchapter I of chapter 45 (Sec. 3601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. The Civil Rights Act of 1964, referred to in subsec. (d)(2)(M), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (Sec. 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Age Discrimination Act of 1975, referred to in subsec. (d)(2)(M), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as amended, which is classified generally to chapter 76 (Sec. 6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables. The Cranston-Gonzalez National Affordable Housing Act, referred to in subsec. (f)(1), is Pub. L. 101-625, Nov. 28, 1990, 104 Stat. 4079. Title III of the Act enacted subchapter III (Sec. 12851 et seq.) of chapter 130 of this title and sections 1735f-17 and 1735f-18 of Title 12, Banks and Banking, amended sections 1703, 1708, 1709, 1715d, 1715z-20, 1721, and 1735f-9 of Title 12, and enacted provisions set out as notes under sections 1703, 1709, 1713, and 1735f-18 of Title 12. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1437aaa-4 of this title. ------DocID 46473 Document 1346 of 1400------ -CITE- 42 USC Sec. 1594a-1, 1594a-2 -EXPCITE- TITLE 42 CHAPTER 9 SUBCHAPTER XI -HEAD- Sec. 1594a-1, 1594a-2. Repealed. Pub. L. 97-214, Sec. 7(5), July 12, 1982, 96 Stat. 173 -MISC1- Section 1594a-1, acts Pub. L. 87-554, title V, Sec. 501(a)-(c), July 27, 1962, 76 Stat. 236; Pub. L. 90-110, title VI, Sec. 606, Oct. 21, 1967, 81 Stat. 304; Pub. L. 91-142, title V, Sec. 511, Dec. 5, 1969, 83 Stat. 312; Pub. L. 96-418, title V, Sec. 511, Oct. 10, 1980, 94 Stat. 1767, related to Department of Defense family housing management account. See section 2831 of Title 10, Armed Forces. Section 1594a-2, Pub. L. 87-554, title V, Sec. 507, July 27, 1962, 76 Stat. 240, related to prior legislative approval for appropriations for family housing. See section 2821(a) of Title 10. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing before, on, or after such date, see section 12(a) of Pub. L. 97-214, set out as an Effective Date note under section 2801 of Title 10, Armed Forces. ------DocID 46675 Document 1347 of 1400------ -CITE- 42 USC Sec. 1962-2 -EXPCITE- TITLE 42 CHAPTER 19B -HEAD- Sec. 1962-2. Congressional statement of objectives -STATUTE- It is the intent of Congress that the objectives of enhancing regional economic development, the quality of the total environment, including its protection and improvement, the well-being of the people of the United States, and the national economic development are the objectives to be included in federally financed water resource projects, and in the evaluation of benefits and cost attributable thereto, giving due consideration to the most feasible alternative means of accomplishing these objectives. -SOURCE- (Pub. L. 91-611, title II, Sec. 209, Dec. 31, 1970, 84 Stat. 1829.) -COD- CODIFICATION Section was enacted as a part of the Flood Control Act of 1970 and not as a part of the Water Resources Planning Act which comprises this chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1962d-17 of this title. ------DocID 46679 Document 1348 of 1400------ -CITE- 42 USC Sec. 1962a-2 -EXPCITE- TITLE 42 CHAPTER 19B SUBCHAPTER I -HEAD- Sec. 1962a-2. Principles, standards, and procedures for Federal projects -STATUTE- (a) Establishment, consultation, revision The Council shall establish, after such consultation with other interested entities, both Federal and non-Federal, as the Council may find appropriate, and with the approval of the President, principles, standards, and procedures for Federal participants in the preparation of comprehensive regional or river basin plans and for the formulation and evaluation of Federal water and related land resources projects. Such procedures may include provision for Council revision of plans for Federal projects intended to be proposed in any plan or revision thereof being prepared by a river basin planning commission. (b) Economic evaluation; primary criterion The Council shall develop standards and criteria for economic evaluation of water resource projects. For the purpose of those standards and criteria, the primary direct navigation benefits of a water resource project are defined as the product of the savings to shippers using the waterway and the estimated traffic that would use the waterway. 'Savings to shippers' means the difference between (1) the freight rates or charges prevailing at the time of the study for the movement by the alternative means, and (2) those which would be charged on the proposed waterway. Estimated traffic that would use the waterway will be based on those freight rates, taking into account projections of the economic growth of the area. -SOURCE- (Pub. L. 89-80, title I, Sec. 103, July 22, 1965, 79 Stat. 245; Pub. L. 97-449, Sec. 4(a), Jan. 12, 1983, 96 Stat. 2441.) -MISC1- AMENDMENTS 1983 - Pub. L. 97-449 designated existing provisions as subsec. (a) and added subsec. (b). -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to Chairman of Water Resources Council, see Ex. Ord. No. 11747, eff. Nov. 7, 1973, 38 F.R. 30993, as amended, set out as a note under section 1962a-3 of this title. -MISC5- COMPUTATION OF PRICES FOR AGRICULTURAL COMMODITIES FOR USE IN EVALUATION OF WATER RESOURCES DEVELOPMENT PROJECTS Pub. L. 100-460, title VI, Sec. 632, Oct. 1, 1988, 102 Stat. 2262, provided that: 'Hereafter, none of the funds appropriated in this or any other Act shall be used to alter the method of computing normalized prices for agricultural commodities for use by any Federal agency in evaluating water resources development projects to be undertaken in whole or in part with Federal funds that was in effect as of January 1, 1986.' Similar provisions were contained in Pub. L. 100-202, Sec. 101(k) (title VI, Sec. 634), Dec. 22, 1987, 101 Stat. 1329-322, 1329-357. ------DocID 46685 Document 1349 of 1400------ -CITE- 42 USC Sec. 1962b-2 -EXPCITE- TITLE 42 CHAPTER 19B SUBCHAPTER II -HEAD- Sec. 1962b-2. Organization of commissions -STATUTE- (a) Commencement of functions; transfer of property, assets, and records upon termination of commission; availability of studies, data, and other materials to participants Each river basin commission shall organize for the performance of its functions within ninety days after the President shall have declared the establishment of such commission, subject to the availability of funds for carrying on its work. A commission shall terminate upon decision of the Council or agreement of a majority of the States composing the commission. Upon such termination, all property, assets, and records of the commission shall thereafter be turned over to such agencies of the United States and the participating States as shall be appropriate in the circumstances: Provided, That studies, data, and other materials useful in water and related land resources planning to any of the participants shall be kept freely available to all such participants. (b) Vice chairman; State election; State representation State members of each commission shall elect a vice chairman, who shall serve also as chairman and coordinating officer of the State members of the commission and who shall represent the State governments in Federal-State relations on the commission. (c) Vacancies; alternates for chairman and vice chairman Vacancies in a commission shall not affect its powers but shall be filled in the same manner in which the original appointments were made: Provided, That the chairman and vice chairman may designate alternates to act for them during temporary absences. (d) Consensus of members on issues; opportunities for individual views; record of position of chairman and vice chairman; final authority on procedural questions In the work of the commission every reasonable endeavor shall be made to arrive at a consensus of all members on all issues; but failing this, full opportunity shall be afforded each member for the presentation and report of individual views: Provided, That at any time the commission fails to act by reason of absence of consensus, the position of the chairman, acting in behalf of the Federal members, and the vice chairman, acting upon instructions of the State members, shall be set forth in the record: Provided further, That the chairman, in consultation with the vice chairman, shall have the final authority, in the absence of an applicable by-law adopted by the commission or in the absence of a consensus, to fix the times and places for meetings, to set deadlines for the submission of annual and other reports, to establish subcommittees, and to decide such other procedural questions as may be necessary for the commission to perform its functions. -SOURCE- (Pub. L. 89-80, title II, Sec. 203, July 22, 1965, 79 Stat. 248.) ------DocID 46693 Document 1350 of 1400------ -CITE- 42 USC Sec. 1962c-2 -EXPCITE- TITLE 42 CHAPTER 19B SUBCHAPTER III -HEAD- Sec. 1962c-2. State programs; approval by Council; submission; requirements; notice and hearing prior to disapproval -STATUTE- The Council shall approve any program for comprehensive water and related land resources planning which is submitted by a State, if such program - (1) provides for comprehensive planning with respect to intrastate or interstate water resources, or both, in such State to meet the needs for water and water-related activities taking into account prospective demands for all purposes served through or affected by water and related land resources development, with adequate provision for coordination with all Federal, State, and local agencies, and nongovernmental entities having responsibilities in affected fields; (2) provides, where comprehensive statewide development planning is being carried on with or without assistance under section 461 of title 40, (FOOTNOTE 1) or under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), for full coordination between comprehensive water resources planning and other statewide planning programs and for assurances that such water resources planning will be in conformity with the general development policy in such State; (FOOTNOTE 1) See References in Text note below. (3) designates a State agency (hereinafter referred to as the 'State agency') to administer the program; (4) provides that the State agency will make such reports in such form and containing such information as the Council from time to time reasonably requires to carry out its functions under this subchapter; (5) sets forth the procedure to be followed in carrying out the State program and in administering such program; and (6) provides such accounting, budgeting, and other fiscal methods and procedures as are necessary for keeping appropriate accountability of the funds and for the proper and efficient administration of the program. The Council shall not disapprove any program without first giving reasonable notice and opportunity for hearing to the State agency administering such program. -SOURCE- (Pub. L. 89-80, title III, Sec. 303, July 22, 1965, 79 Stat. 252.) -REFTEXT- REFERENCES IN TEXT Section 461 of title 40, referred to in par. (2), was repealed by Pub. L. 97-35, title III, Sec. 313(b), Aug. 13, 1981, 95 Stat. 398. The Land and Water Conservation Fund Act of 1965, referred to in par. (2), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which is classified generally to part B (Sec. 460l-4 et seq.) of subchapter LXIX of chapter 1 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 460l-4 of Title 16 and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1962c-1, 1962c-3 of this title. ------DocID 46701 Document 1351 of 1400------ -CITE- 42 USC Sec. 1962d-2 -EXPCITE- TITLE 42 CHAPTER 19B SUBCHAPTER IV -HEAD- Sec. 1962d-2. Delegation of functions -STATUTE- The Council is authorized to delegate to any member or employee of the Council its administrative functions under section 1962a-4 of this title and the detailed administration of the grant program under subchapter III of this chapter. -SOURCE- (Pub. L. 89-80, title IV, Sec. 403, July 22, 1965, 79 Stat. 254.) ------DocID 46756 Document 1352 of 1400------ -CITE- 42 USC Sec. 1973aa-2 -EXPCITE- TITLE 42 CHAPTER 20 SUBCHAPTER I-B -HEAD- Sec. 1973aa-2. Judicial relief; civil actions by the Attorney General; three-judge district court; appeal to Supreme Court -STATUTE- Whenever the Attorney General has reason to believe that a State or political subdivision (a) has enacted or is seeking to administer any test or device as a prerequisite to voting in violation of the prohibition contained in section 1973aa of this title, or (b) undertakes to deny the right to vote in any election in violation of section 1973aa-1 or 1973aa-1a of this title, he may institute for the United States, or in the name of the United States, an action in a district court of the United States, in accordance with sections 1391 through 1393 (FOOTNOTE 1) of title 28, for a restraining order, a preliminary or permanent injunction, or such other order as he deems appropriate. An action under this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall be to the Supreme Court. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Pub. L. 89-110, title II, Sec. 204, formerly Sec. 203, as added Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 317, and renumbered and amended Pub. L. 94-73, title III, Sec. 302, 303, title IV, Sec. 406, Aug. 6, 1975, 89 Stat. 403, 405.) -REFTEXT- REFERENCES IN TEXT Section 1393 of title 28, referred to in text, was repealed by Pub. L. 100-702, title X, Sec. 1001(a), Nov. 19, 1988, 102 Stat. 4664. -MISC2- AMENDMENTS 1975 - Pub. L. 94-73 inserted reference to section 1973aa-1a of this title and substituted reference to section 2284 of title 28 for reference to section 2282 of title 28. -CROSS- CROSS REFERENCES Supreme Court jurisdiction, direct appeals from decisions of three-judge courts, see section 1253 of Title 28, Judiciary and Judicial Procedure. ------DocID 46764 Document 1353 of 1400------ -CITE- 42 USC Sec. 1973bb-2 to 1973bb-4 -EXPCITE- TITLE 42 CHAPTER 20 SUBCHAPTER I-C -HEAD- Sec. 1973bb-2 to 1973bb-4. Repealed. Pub. L. 94-73, title IV, Sec. 407, Aug. 6, 1975, 89 Stat. 405 -MISC1- Section 1973bb-2, Pub. L. 89-110, title III, Sec. 303, as added Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 318, authorized the Attorney General to institute actions to enforce this subchapter, and provided for jurisdiction of district courts, appeals, and penalties for denial of rights secured by this subchapter. See section 1973bb of this title. Section 1973bb-3, Pub. L. 89-110, title III, Sec. 304, as added Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 319, defined 'State'. See section 1973bb-1 of this title. Section 1973bb-4, Pub. L. 891-10, title III, Sec. 305, as added Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 319, provided for effective date of this subchapter. ------DocID 46777 Document 1354 of 1400------ -CITE- 42 USC Sec. 1973ee-2 -EXPCITE- TITLE 42 CHAPTER 20 SUBCHAPTER I-F -HEAD- Sec. 1973ee-2. Selection of registration facilities -STATUTE- (a) Each State or political subdivision responsible for registration for Federal elections shall provide a reasonable number of accessible permanent registration facilities. (b) Subsection (a) of this section does not apply to any State that has in effect a system that provides an opportunity for each potential voter to register by mail or at the residence of such voter. -SOURCE- (Pub. L. 98-435, Sec. 4, Sept. 28, 1984, 98 Stat. 1679.) ------DocID 46785 Document 1355 of 1400------ -CITE- 42 USC Sec. 1973ff-2 -EXPCITE- TITLE 42 CHAPTER 20 SUBCHAPTER I-G -HEAD- Sec. 1973ff-2. Federal write-in absentee ballot for overseas voters in general elections for Federal office -STATUTE- (a) In general The Presidential designee shall prescribe a Federal write-in absentee ballot (including a secrecy envelope and mailing envelope for such ballot) for use in general elections for Federal office by overseas voters who make timely application for, and do not receive, States, absentee ballots. (b) Submission and processing Except as otherwise provided in this subchapter, a Federal write-in absentee ballot shall be submitted and processed in the manner provided by law for absentee ballots in the State involved. A Federal write-in absentee ballot of an overseas voter shall not be counted - (1) if the ballot is submitted from any location in the United States; (2) if the application of the overseas voter for a State absentee ballot is received by the appropriate State election official less than 30 days before the general election; or (3) if a State absentee ballot of the overseas voter is received by the appropriate State election official not later than the deadline for receipt of the State absentee ballot under State law. (c) Special rules The following rules shall apply with respect to Federal write-in absentee ballots: (1) In completing the ballot, the overseas voter may designate a candidate by writing in the name of the candidate or by writing in the name of a political party (in which case the ballot shall be counted for the candidate of that political party). (2) In the case of the offices of President and Vice President, a vote for a named candidate or a vote by writing in the name of a political party shall be counted as a vote for the electors supporting the candidate involved. (3) Any abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be disregarded in determining the validity of the ballot, if the intention of the voter can be ascertained. (d) Second ballot submission; instruction to overseas voter An overseas voter who submits a Federal write-in absentee ballot and later receives a State absentee ballot, may submit the State absentee ballot. The Presidential designee shall assure that the instructions for each Federal write-in absentee ballot clearly state that an overseas voter who submits a Federal write-in absentee ballot and later receives and submits a State absentee ballot should make every reasonable effort to inform the appropriate State election official that the voter has submitted more than one ballot. (e) Use of approved State absentee ballot in place of Federal write-in absentee ballot The Federal write-in absentee ballot shall not be valid for use in a general election if the State involved provides a State absentee ballot that - (1) at the request of the State, is approved by the Presidential designee for use in place of the Federal write-in absentee ballot; and (2) is made available to overseas voters at least 60 days before the deadline for receipt of the State ballot under State law. (f) Certain States exempted A State is not required to permit use of the Federal write-in absentee ballot, if, on and after August 28, 1986, the State has in effect a law providing that - (1) a State absentee ballot is required to be available to any voter described in section 1973ff-6(5)(A) of this title at least 90 days before the general election involved; and (2) a State absentee ballot is required to be available to any voter described in section 1973ff-6(5)(B) or (C) of this title, as soon as the official list of candidates in the general election is complete. -SOURCE- (Pub. L. 99-410, title I, Sec. 103, Aug. 28, 1986, 100 Stat. 925.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1973ff, 1973ff-1, 1973ff-6 of this title. ------DocID 46838 Document 1356 of 1400------ -CITE- 42 USC Sec. 2000a-2 -EXPCITE- TITLE 42 CHAPTER 21 SUBCHAPTER II -HEAD- Sec. 2000a-2. Prohibition against deprivation of, interference with, and punishment for exercising rights and privileges secured by section 2000a or 2000a-1 of this title -STATUTE- No person shall (a) withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive any person of any right or privilege secured by section 2000a or 2000a-1 of this title, or (b) intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person with the purpose of interfering with any right or privilege secured by section 2000a or 2000a-1 of this title, or (c) punish or attempt to punish any person for exercising or attempting to exercise any right or privilege secured by section 2000a or 2000a-1 of this title. -SOURCE- (Pub. L. 88-352, title II, Sec. 203, July 2, 1964, 78 Stat. 244.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2000a-3 of this title. ------DocID 46846 Document 1357 of 1400------ -CITE- 42 USC Sec. 2000b-2 -EXPCITE- TITLE 42 CHAPTER 21 SUBCHAPTER III -HEAD- Sec. 2000b-2. Personal suits for relief against discrimination in public facilities -STATUTE- Nothing in this subchapter shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination in any facility covered by this subchapter. -SOURCE- (Pub. L. 88-352, title III, Sec. 303, July 2, 1964, 78 Stat. 246.) ------DocID 46851 Document 1358 of 1400------ -CITE- 42 USC Sec. 2000c-2 -EXPCITE- TITLE 42 CHAPTER 21 SUBCHAPTER IV -HEAD- Sec. 2000c-2. Technical assistance in preparation, adoption, and implementation of plans for desegregation of public schools -STATUTE- The Secretary is authorized, upon the application of any school board, State, municipality, school district, or other governmental unit legally responsible for operating a public school or schools, to render technical assistance to such applicant in the preparation, adoption, and implementation of plans for the desegregation of public schools. Such technical assistance may, among other activities, include making available to such agencies information regarding effective methods of coping with special educational problems occasioned by desegregation, and making available to such agencies personnel of the Department of Education or other persons specially equipped to advise and assist them in coping with such problems. -SOURCE- (Pub. L. 88-352, title IV, Sec. 403, July 2, 1964, 78 Stat. 247; Pub. L. 96-88, title III, Sec. 301(a)(1), (b)(2), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 678, 692.) -TRANS- TRANSFER OF FUNCTIONS 'Secretary', meaning the Secretary of Education, and 'Department of Education' substituted in text for 'Commissioner' and 'Office of Education', respectively, pursuant to sections 301(a)(1), (b)(2) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1), (b)(2) and 3507 of Title 20, Education, and which transferred all functions of Commissioner of Education to Secretary of Education and transferred Office of Education to the Department of Education. ------DocID 46862 Document 1359 of 1400------ -CITE- 42 USC Sec. 2000d-2 -EXPCITE- TITLE 42 CHAPTER 21 SUBCHAPTER V -HEAD- Sec. 2000d-2. Judicial review; administrative procedure provisions -STATUTE- Any department or agency action taken pursuant to section 2000d-1 of this title shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not othewise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 2000d-1 of this title, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with chapter 7 of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that chapter. -SOURCE- (Pub. L. 88-352, title VI, Sec. 603, July 2, 1964, 78 Stat. 253.) -COD- CODIFICATION 'Chapter 7 of title 5' and 'that chapter' substituted in text for 'section 10 of the Administrative Procedure Act' and 'that section', respectively, on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Prior to the enactment of Title 5, section 10 of the Administrative Procedure Act was classified to section 1009 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2930c, 2971c, 2985g, 5057, 9821, 9849, 10406 of this title; title 39 section 410. ------DocID 46872 Document 1360 of 1400------ -CITE- 42 USC Sec. 2000e-2 -EXPCITE- TITLE 42 CHAPTER 21 SUBCHAPTER VI -HEAD- Sec. 2000e-2. Unlawful employment practices -STATUTE- (a) Employer practices It shall be an unlawful employment practice for an employer - (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin. (b) Employment agency practices It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin. (c) Labor organization practices It shall be an unlawful employment practice for a labor organization - (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin; (2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, or national origin; or (3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section. (d) Training programs It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training. (e) Businesses or enterprises with personnel qualified on basis of religion, sex, or national origin; educational institutions with personnel of particular religion Notwithstanding any other provision of this subchapter, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion. (f) Members of Communist Party or Communist-action or Communist-front organizations As used in this subchapter, the phrase 'unlawful employment practice' shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor-management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950 (50 U.S.C. 781 et seq.). (g) National security Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if - (1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and (2) such individual has not fulfilled or has ceased to fulfill that requirement. (h) Seniority or merit system; quantity or quality of production; ability tests; compensation based on sex and authorized by minimum wage provisions Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such diffeerences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206(d) of title 29. (i) Businesses or enterprises extending preferential treatment to Indians Nothing contained in this subchapter shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation. (j) Preferential treatment not to be granted on account of existing number or percentage imbalance Nothing contained in this subchapter shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area. -SOURCE- (Pub. L. 88-352, title VII, Sec. 703, July 2, 1964, 78 Stat. 255; Pub. L. 92-261, Sec. 8(a), (b), Mar. 24, 1972, 86 Stat. 109.) -REFTEXT- REFERENCES IN TEXT The Subversive Activities Control Act of 1950, referred to in subsec. (f), is title I of act Sept. 23, 1950, ch. 1024, 64 Stat. 987, as amended, which is classified principally to subchapter I (Sec. 781 et seq.) of chapter 23 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 781 of Title 50 and Tables. -MISC2- AMENDMENTS 1972 - Subsec. (a)(2). Pub. L. 92-261, Sec. 8(a), inserted 'or applicants for employment' after 'his employees'. Subsec. (c)(2). Pub. L. 92-261, Sec. 8(b), inserted 'or applicants for membership' after 'membership'. SUBVERSIVE ACTIVITIES CONTROL BOARD Subversive Activities Control Board established by act Sept. 23, 1950, ch. 1024, Sec. 12, 64 Stat. 977, and ceased to operate on June 30, 1973. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2000e, 2000e-5 of this title; title 8 section 1324b; title 23 section 140. ------DocID 46893 Document 1361 of 1400------ -CITE- 42 USC Sec. 2000g-2 -EXPCITE- TITLE 42 CHAPTER 21 SUBCHAPTER VIII -HEAD- Sec. 2000g-2. Cooperation with other agencies; conciliation assistance in confidence and without publicity; information as confidential; restriction on performance of investigative or prosecuting functions; violations and penalties -STATUTE- (a) The Service shall, whenever possible, in performing its functions, seek and utilize the cooperation of appropriate State or local, public, or private agencies. (b) The activities of all officers and employees of the Service in providing conciliation assistance shall be conducted in confidence and without publicity, and the Service shall hold confidential any information acquired in the regular performance of its duties upon the understanding that it would be so held. No officer or employee of the Service shall engage in the performance of investigative or prosecuting functions of any department or agency in any litigation arising out of a dispute in which he acted on behalf of the Service. Any officer or other employee of the Service, who shall make public in any manner whatever any information in violation of this subsection, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned not more than one year. -SOURCE- (Pub. L. 88-352, title X, Sec. 1003, July 2, 1964, 78 Stat. 267.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2000g-3 of this title. ------DocID 46898 Document 1362 of 1400------ -CITE- 42 USC Sec. 2000h-2 -EXPCITE- TITLE 42 CHAPTER 21 SUBCHAPTER IX -HEAD- Sec. 2000h-2. Intervention by Attorney General; denial of equal protection on account of race, color, religion, sex or national origin -STATUTE- Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, sex or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance. In such action the United States shall be entitled to the same relief as if it had instituted the action. -SOURCE- (Pub. L. 88-352, title IX, Sec. 902, July 2, 1964, 78 Stat. 266; Pub. L. 92-318, title IX, Sec. 906(a), June 23, 1972, 86 Stat. 375.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-318 inserted 'sex' after 'religion,'. ------DocID 47322 Document 1363 of 1400------ -CITE- 42 USC Sec. 2688j-2 -EXPCITE- TITLE 42 CHAPTER 33 SUBCHAPTER III -HEAD- Sec. 2688j-2. Repealed. Pub. L. 93-282, title III, Sec. 302, May 14, 1974, 88 Stat. 137 -MISC1- Section, Pub. L. 88-164, title II, Sec. 247, formerly 246, as added Pub. L. 90-574, title III, Sec. 301, Oct. 15, 1968, 82 Stat. 1009, renumbered Pub. L. 91-211, title III, Sec. 304, Mar. 13, 1970, 84 Stat. 59, and amended Pub. L. 91-616, title III, Sec. 311, Dec. 31, 1970, 84 Stat. 1851; Pub. L. 93-45, title II, Sec. 204(b), June 18, 1973, 87 Stat. 94; Pub. L. 94-63, title VII, Sec. 701(e)(5)(B), July 29, 1975, 89 Stat. 352, related to grants and contracts for the prevention and treatment of alcohol abuse and alcoholism. See section 4577 of this title. ------DocID 47851 Document 1364 of 1400------ -CITE- 42 USC subpart 2 -EXPCITE- TITLE 42 CHAPTER 46 SUBCHAPTER V Part B subpart 2 -HEAD- subpart 2 - grants to public agencies -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in sections 3761, 3793 of this title. ------DocID 47912 Document 1365 of 1400------ -CITE- 42 USC Sec. 3796aa-2 -EXPCITE- TITLE 42 CHAPTER 46 SUBCHAPTER XII-B -HEAD- Sec. 3796aa-2. Applications to receive grants -STATUTE- To request a grant under section 3796aa-1 of this title, the chief executive officer of a State shall submit to the Director an application at such time and in such form as the Director may require. Such application shall include - (1) a certification that Federal funds made available under section 3796aa-1 of this title will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of such funds, be made available for criminal proceedings for the violation of laws relating to the abuse of children; (2) a certification that funds required to pay the non-Federal portion of the cost of equipment and personnel training for which such grant is made shall be in addition to funds that would otherwise be made available by the recipients of grant funds for criminal proceedings for the violation of laws relating to the abuse of children; (3) an assurance that the State application described in this section, and any amendment to such application, has been submitted for review to the State legislature or its designated body (for purposes of this section, such application or amendment shall be deemed to be reviewed if the State legislature or such body does not review such application or amendment within the 60-day period beginning on the date such application or amendment is so submitted); and (4) an assurance that the State application and any amendment thereto was made public before submission to the Bureau and, to the extent provided under State law or established procedure, an opportunity to comment thereon was provided to citizens and to neighborhood and community groups. -SOURCE- (Pub. L. 90-351, title I, Sec. 1403, as added Pub. L. 101-647, title II, Sec. 241(a)(2), Nov. 29, 1990, 104 Stat. 4810.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3796aa-3, 3796aa-5 of this title. ------DocID 48621 Document 1366 of 1400------ -CITE- 42 USC Sec. 5714-2 -EXPCITE- TITLE 42 CHAPTER 72 SUBCHAPTER III Part B -HEAD- Sec. 5714-2. Eligibility -STATUTE- (a) To be eligible for assistance under this part, an applicant shall propose to establish, strengthen, or fund a transitional living youth project for homeless youth and shall submit to the Secretary a plan in which such applicant agrees, as part of such project - (1) to provide, directly or indirectly, shelter (such as group homes, host family homes, and supervised apartments) and services (including information and counseling services in basic life skills, interpersonal skill building, educational advancement, job attainment skills, and mental and physical health care) to homeless youth; (2) to provide such shelter and such services to individual homeless youth throughout a continuous period not to exceed 540 days; (3) to provide, directly or indirectly, on-site supervision at each shelter facility that is not a family home; (4) that such shelter facility used to carry out such project shall have the capacity to accommodate not more than 20 individuals (excluding staff); (5) to provide a number of staff sufficient to ensure that all homeless youth participating in such project receive adequate supervision and services; (6) to provide a written transitional living plan to each youth based on an assessment of such youth's needs, designed to help the transition from supervised participation in such project to independent living or another appropriate living arrangement; (7) to develop an adequate plan to ensure proper referral of homeless youth to social service, law enforcement, educational, vocational, training, welfare, legal service, and health care programs and to help integrate and coordinate such services for youths; (8) to provide for the establishment of outreach programs designed to attract individuals who are eligible to participate in the project; (9) to submit to the Secretary an annual report that includes information regarding the activities carried out with funds under this part, the achievements of the project under this part carried out by the applicant and statistical summaries describing the number and the characteristics of the homeless youth who participate in such project in the year for which the report is submitted; (10) to implement such accounting procedures and fiscal control devices as the Secretary may require; (11) to submit to the Secretary an annual budget that estimates the itemized costs to be incurred in the year for which the applicant requests a grant under this part; (12) to keep adequate statistical records profiling homeless youth which it serves and not to disclose the identity of individual homeless youth in reports or other documents based on such statistical records; (13) not to disclose records maintained on individual homeless youth without the consent of the individual youth and parent or legal guardian to anyone other than an agency compiling statistical records or a government agency involved in the disposition of criminal charges against youth; and (14) to provide to the Secretary such other information as the Secretary may reasonably require. (b) In selecting eligible applicants to receive grants under this part, the Secretary shall give priority to entities that have experience in providing to homeless youth shelter and services of the types described in subsection (a)(1) of this section. -SOURCE- (Pub. L. 93-415, title III, Sec. 322, as added Pub. L. 100-690, title VII, Sec. 7273(f), Nov. 18, 1988, 102 Stat. 4456.) -MISC1- EFFECTIVE DATE Section effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100-690, set out as an Effective Date of 1988 Amendment note under section 5601 of this title. ------DocID 49347 Document 1367 of 1400------ -CITE- 42 USC subpart 2 -EXPCITE- TITLE 42 CHAPTER 85 SUBCHAPTER I Part D subpart 2 -HEAD- subpart 2 - additional provisions for ozone nonattainment areas -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in sections 7418, 7545, 7586, 7626 of this title. ------DocID 50356 Document 1368 of 1400------ -CITE- 42 USC Part 2 -EXPCITE- TITLE 42 CHAPTER 118 SUBCHAPTER IV Part 2 -HEAD- Part 2 - Responsibilities of National Center for Health Services Research and Health Care Technology Assessment -MISC1- AMENDMENTS 1988 - Pub. L. 100-607, title I, Sec. 142(c)(2)(D), Nov. 4, 1988, 102 Stat. 3057, redesignated part 3 as 2. Former part 2 redesignated 1. ------DocID 50976 Document 1369 of 1400------ -CITE- 43 USC Sec. 2 -EXPCITE- TITLE 43 CHAPTER 1 -HEAD- Sec. 2. Duties concerning public lands -STATUTE- The Secretary of the Interior or such officer as he may designate shall perform all executive duties appertaining to the surveying and sale of the public lands of the United States, or in anywise respecting such public lands, and, also, such as relate to private claims of land, and the issuing of patents for all grants of land under the authority of the Government. -SOURCE- (R.S. Sec. 453; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 317; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -COD- CODIFICATION R.S. Sec. 453 derived from acts Apr. 25, 1812, ch. 68, Sec. 1, 2 Stat. 716; July 4, 1836, ch. 352, Sec. 1, 5 Stat. 107; June 6, 1874, ch. 223, 18 Stat. 62; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 317. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. 'The Secretary of the Interior or such officer as he may designate shall perform' substituted for 'The Commissioner of the General Land Office shall perform, under the direction of the Secretary of the Interior,' on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. -MISC5- BUREAU OF LAND MANAGEMENT DRUG ENFORCEMENT SUPPLEMENTAL AUTHORITY Pub. L. 99-570, title V, subtitle C, as added by Pub. L. 100-690, title VII, Sec. 6254(d)(3), Nov. 18, 1988, 102 Stat. 4365, provided that: 'SEC. 5061. SHORT TITLE. 'This subtitle may be cited as the 'Bureau of Land Management Drug Enforcement Supplemental Authority Act'. 'SEC. 5062. BUREAU OF LAND MANAGEMENT AUTHORIZATION. 'In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances on Bureau of Land Management public lands, from amounts appropriated there are made available to the Secretary of the Interior, in addition to sums made available under other authority of law, $1,500,000 for fiscal year 1989, and for each fiscal year thereafter, to be used for the employment and training of additional and existing personnel, for equipment and facilities to be used by such personnel, and for expenses related to such employment, training, equipment, and facilities.' ------DocID 50998 Document 1370 of 1400------ -CITE- 43 USC CHAPTER 2 -EXPCITE- TITLE 43 CHAPTER 2 -HEAD- CHAPTER 2 - GEOLOGICAL SURVEY -MISC1- Sec. 31. Director of Geological Survey. (a) Establishment of office; appointment and duties; examination of geological structure, mineral resources, and products of national domain; prohibitions in respect to lands and surveys. (b) Examination of geological structure, mineral resources, and products outside national domain. (c) Annual report to Congress. 32. Acting Director. 33. Repealed. 34. Scientific employees. 35. Repealed. 36. Purchase of books. 36a. Acquisition of scientific or technical books, maps, etc., for library. 36b. Acquisition of lands or interests therein for use in gaging streams or underground water resources. 36c. Acceptance of contributions from public and private sources; cooperation with other agencies in prosecution of projects. 37. Omitted. 38. Topographic surveys; marking elevations. 39, 40. Omitted. 41. Publications and reports; preparation and sale. 42. Distribution of maps and atlases, etc. 42a. Use of receipts from sale of maps for map printing and distribution. 43. Copies to Senators, Representatives, and Delegates. 44. Sale of transfers or copies of data. 45. Production and sale of copies of photographs and records; disposition of receipts. 46 to 48. Omitted or Repealed. 49. Extension of cooperative work to Puerto Rico. 50. Survey's share of cost of topographic mapping or water resources investigations carried on with States. 50-1. Funds for mappings and investigations considered intragovernmental funds. 50a. Working capital fund for Geological Survey. 50b. Recording of obligations against accounts receivable and crediting of amounts received; work involving cooperation with State, Territory, etc. 50c. Payment of costs incidental to utilization of services of volunteers. ------DocID 51163 Document 1371 of 1400------ -CITE- 43 USC Sec. 315m-2 -EXPCITE- TITLE 43 CHAPTER 8A SUBCHAPTER I -HEAD- Sec. 315m-2. Administration of leased lands -STATUTE- The lands leased under sections 315m-1 to 315m-4 of this title shall be administered under the provisions of the Act of June 28, 1934 (48 Stat. 1269), as amended June 26, 1936 (49 Stat. 1976), commonly known as the Taylor Grazing Act. -SOURCE- (June 23, 1938, ch. 603, Sec. 2, 52 Stat. 1033.) -REFTEXT- REFERENCES IN TEXT Act of June 28, 1934 (48 Stat. 1269), as amended June 26, 1936 (49 Stat. 1976), referred to in text, is act June 28, 1934, ch. 865, 48 Stat. 1269, as amended, known as the Taylor Grazing Act, which is classified principally to this subchapter (Sec. 315 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 315 of this title and Tables. -COD- CODIFICATION Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 315m-1, 315m-3, 315m-4 of this title. ------DocID 51169 Document 1372 of 1400------ -CITE- 43 USC Sec. 315o-2 -EXPCITE- TITLE 43 CHAPTER 8A SUBCHAPTER I -HEAD- Sec. 315o-2. Animals and equipment for field employees -STATUTE- The Secretary of the Interior may require field employees of the Bureau of Land Management to furnish horses and miscellaneous equipment necessary for the performance of their official work and may provide at Government expense forage, care, and housing for such animals and equipment. -SOURCE- (Dec. 18, 1942, ch. 769, 56 Stat. 1067; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -COD- CODIFICATION Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter. -TRANS- TRANSFER OF FUNCTIONS 'Bureau of Land Management' substituted for 'Grazing Service' on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished Grazing Service and transferred functions of Grazing Service to a new agency to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title. ------DocID 51272 Document 1373 of 1400------ -CITE- 43 USC Sec. 390g-2 -EXPCITE- TITLE 43 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 390g-2. Phase II of groundwater recharge demonstration program -STATUTE- (a) Design, construction, and operation of projects During phase II, and subject to State water laws and interstate water compacts, the Bureau is authorized and directed to design, construct, and operate demonstration projects in the High Plains States and other Reclamation Act States to recharge groundwater systems as recommended in the report referred to in subsection (c) of this section. (b) Alternative means of cost allocation; economic feasibility of projects During phase II the Secretary, acting through the Bureau, shall contract with the various High Plains States and other Reclamation Act States to conduct a study to identify and evaluate alternative means by which the costs of groundwater recharge projects could be allocated among the beneficiaries of the projects within the respective States and identify and evaluate the economic feasibility of and the legal authority for utilizing groundwater recharge in water resource development projects. (c) Reports to Congress (1) Within twelve months after the initiation of phase II, and at annual intervals thereafter, the Secretary shall submit interim reports to Congress. Each report shall contain a detailed statement of his findings and progress respecting the design, construction, and operation of the demonstration projects referred to in subsection (a) of this section and the study referred to in subsection (b) of this section. (2) Within five years after the initiation of phase II, the Secretary shall submit a final report to Congress. The final report shall contain - (A) a detailed evaluation of the demonstration projects referred to in subsection (a) of this section; (B) the results of the studies referred to in subsection (b) of this section; (C) specific recommendations regarding the location, scope, and feasibility of operational groundwater recharge projects to be constructed and maintained by the Bureau; and (D) an evaluation of the feasibility of integrating these groundwater recharge projects into existing reclamation projects. -SOURCE- (Pub. L. 98-434, Sec. 4, Sept. 28, 1984, 98 Stat. 1676.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 390g-3 of this title. ------DocID 51455 Document 1374 of 1400------ -CITE- 43 USC Sec. 485h-2 -EXPCITE- TITLE 43 CHAPTER 12 SUBCHAPTER X -HEAD- Sec. 485h-2. Amendments to existing contracts -STATUTE- The Secretary is authorized to negotiate amendments to existing contracts entered into pursuant to subsection (e) of section 485h of this title to conform said contracts to the provisions of sections 485h-1 to 485h-5 of this title. -SOURCE- (July 2, 1956, ch. 492, Sec. 2, 70 Stat. 484.) -COD- CODIFICATION Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 485h-3, 485h-4, 485h-5 of this title. ------DocID 51676 Document 1375 of 1400------ -CITE- 43 USC Sec. 620a-2 -EXPCITE- TITLE 43 CHAPTER 12B -HEAD- Sec. 620a-2. Establishment of nonexcess irrigable acreage for participating projects -STATUTE- The Secretary shall, for the Animas-La Plata, Dolores, Dallas Creek, San Miguel, West Divide, and Seedskadee participating projects of the Colorado River storage project, establish the nonexcess irrigable acreage for which any single ownership may receive project water at one hundred and sixty acres of class 1 land or the equivalent thereof, as determined by the Secretary, in other land classes. -SOURCE- (Pub. L. 90-537, title V, Sec. 501(d), Sept. 30, 1968, 82 Stat. 898.) -COD- CODIFICATION Section consists of subsec. (d) of section 501 of Pub. L. 90-537. Subsecs. (a), (b), and (e) of section 501 are classified to sections 620, 620 note, 620a, 620a-1, 620c-1, and 620k note of this title. Subsecs. (c) and (f) of section 501 are not classified to the Code. Section was enacted as part of the Colorado River Basin Project Act, and not as part of act Apr. 11, 1956, popularly known as the Colorado River Storage Project Act, which comprises this chapter. ------DocID 51805 Document 1376 of 1400------ -CITE- 43 USC Sec. 869-2 -EXPCITE- TITLE 43 CHAPTER 20 -HEAD- Sec. 869-2. Conditions of transfer by grantee; solid waste disposal -STATUTE- (a) Conditions of transfer by grantee Title to lands conveyed by the Government under sections 869 to 869-4 of this title may not be transferred by the grantee or its successor except, with the consent of the Secretary of the Interior, to a transferee which would be a qualified grantee under section 869-1(a) or 869-1(c) of this title and subject to the acreage limitation contained in section 869(b) of this title. A grantee or its successor may not change the use specified in the conveyance to another or additional use except, with the consent of the Secretary, to a use for which such grantee or its successor could obtain a conveyance under sections 869 to 869-4 of this title. If at any time after the lands are conveyed by the Government, the grantee or its successor attempts to transfer title to or control over these lands to another or the lands are devoted to a use other than that for which the lands were conveyed, without the consent of the Secretary, title to the lands shall revert to the United States. (b) New disposal sites (1) Notwithstanding the provisions of subsection (a) of this section, if the Secretary receives an application for conveyance of land under sections 869 to 869-4 of this title for the express purpose of solid waste disposal or for another purpose which the Secretary finds may include the disposal, placement, or release of any hazardous substance, the Secretary may convey such land subject only to the provisions of this subsection. (2) Prior to issuance of any conveyance of land under this subsection the Secretary shall investigate the land covered by an application for such conveyance to determine whether or not any hazardous substance is present on such land. Such investigation shall include a review of any available records as to the use of such land and all appropriate analysis of the soil, water and air associated with such land. No land shall be conveyed under this subsection if such investigation indicates that any hazardous substance is present on such land. (3) No application for conveyance under this subsection shall be acted on by the Secretary until the applicant has furnished evidence, satisfactory to the Secretary, that a copy of the application and information concerning the proposed use of the land covered by the application has been provided to the Environmental Protection Agency and to all other State and Federal agencies with responsibility for enforcement of State and Federal laws applicable to lands used for the disposal, placement, or release of solid waste or any hazardous substance. (4) No application for conveyance under this subsection shall be acted on by the Secretary until the applicant has given a warranty that use of the land covered by the application will be consistent with all applicable State and Federal laws, including laws dealing with the disposal, placement, or release of hazardous substances, and that the applicant will hold the United States harmless from any liability that may arise out of any violation of any such law. (5) A conveyance under this subsection shall be made to the extent that the applicant has demonstrated to the Secretary that the land covered by an application meets all applicable State and local requirements and is appropriate in character and reasonable in acreage in order to meet an existing or reasonably anticipated need for solid waste disposal or for another proposed use that the Secretary finds may include the disposal, placement, or release of any hazardous substance. (6) A conveyance under this subsection shall be subject to the following conditions: (A) Except as otherwise provided in subparagraphs (B) and (D) of this paragraph, the document of conveyance shall provide that the lands conveyed under this subsection shall revert to the United States, unless substantially all of the lands have been used, on or before the date five years after the date of conveyance, for the purpose or purposes specified in the application, or for other use or uses authorized under subsection (a) of this section with the consent of the Secretary. (B) In the event that at any time after such conveyance any portion of such lands has not been used for the purpose or purposes specified in the application, and the party to whom such lands were conveyed by the Secretary shall transfer ownership of such unused portion to any other party, the party to whom such lands were conveyed by the Secretary shall be liable to pay the Secretary, on behalf of the United States, the fair market value of such transferred portion as of the date of such transfer, including the value of any improvements thereon. Subject to appropriations, all amounts received by the Secretary under this subparagraph shall be retained by the Secretary and used for the management of public lands and shall remain available until expended. (C) Pricing for conveyances of land under this subsection shall be in accordance with the provisions of section 869-1 of this title, except that no compensation shall be required for the inclusion of only the limited reverter specified in this paragraph. (D) Each patent issued under this subsection shall specify that no portion of the lands covered by such patent shall under any circumstances revert to the United States if such portion has been used for solid waste disposal or for any other purpose that the Secretary finds may result in the disposal, placement, or release of any hazardous substance. (7) For purposes of this section the term 'hazardous substance' has the same meaning as such term has when used in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.). (c) Existing disposal sites (1) Upon the application or with the concurrence of any party to whom the Secretary, prior to November 10, 1988, conveyed land under sections 869 to 869-4 of this title, the Secretary may renounce the reversionary interests of the United States in such land, or portion thereof, if the Secretary finds that such land, or portion thereof, has been used for solid waste disposal or for any other purpose which the Secretary finds may result in the disposal, placement, or release of any hazardous substance, and the Secretary may rescind any portion of any patent or other instrument of conveyance inconsistent with such renunciation. After such renunciation, affected lands shall not under any circumstances revert to the United States by the operation of law, and shall cease to be subject to the provisions of subsection (a) of this section. (2) Upon the application or with the concurrence of a party to whom the Secretary, prior to November 10, 1988, leased lands pursuant to sections 869 to 869-4 of this title, the Secretary may convey in fee the lands covered by such lease or any portion thereof which have been used for solid waste disposal or for any other purpose that the Secretary finds may result in the disposal, placement, or release of any hazardous substance. Notwithstanding any other provision of sections 869 to 869-4 of this title, a patent issued pursuant to this paragraph shall not contain a reverter provision and the lands covered by such patent shall not under any circumstances revert to the United States by operation of law after the issuance of such patent and shall not be subject to the provisions of subsection (a) of this section. -SOURCE- (June 14, 1926, ch. 578, Sec. 3, as added June 4, 1954, ch. 263, 68 Stat. 175, and amended Sept. 21, 1959, Pub. L. 86-292, Sec. 2, 73 Stat. 571; Nov. 10, 1988, Pub. L. 100-648, Sec. 2, 102 Stat. 3813.) -REFTEXT- REFERENCES IN TEXT The Comprehensive Environmental Response, Compensation, and Liability Act, referred to in subsec. (b)(7), probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified principally to chapter 103 (Sec. 9601 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 9601 of Title 42 and Tables. -MISC2- PRIOR PROVISIONS Prior provisions on the subject of reverter were formerly contained in section 869 of this title. See 1954 Amendment note set out under that section. Those prior provisions permanently restricted the lands conveyed to a single use, and did not provide, as in this section, for transfer by the original grantee or its successor. AMENDMENTS 1988 - Pub. L. 100-648 designated existing provision as subsec. (a) and added subsecs. (b) and (c). 1959 - Pub. L. 86-292 struck out sentence which provided that this section should cease to be in effect as to any lands patented under sections 869 to 869-4 of this title twenty-five years after the issuance of patent for such lands. SAVINGS PROVISIONS Section 3 of Pub. L. 100-648 provided that: 'Nothing in this Act (amending section 869-2 of this title and enacting provisions set out as notes under sections 869 and 869-2 of this title) or the amendments made thereby shall be construed to affect the applicability and operation of the Comprehensive Environmental Response, Compensation(,) and Liability Act (of 1980) (42 U.S.C. 9601 et seq.) as amended, and the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.), as amended.' CONGRESSIONAL REVIEW OF CONVEYANCE OF LAND OR RENUNCIATION OF REVERSIONARY INTERESTS Section 4 of Pub. L. 100-648 provided that: '(a) The Secretary shall not make any conveyance of land or renunciation of reversionary interests under this Act (amending section 869-2 of this title and enacting provisions set out as notes under sections 869 and 869-2 of this title) until he has published in the Federal Register regulations implementing this Act and until sixty days (not counting days on which the House of Representatives or the Senate has adjourned for more than three days) after these regulations have been submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives. '(b) During the first three years after enactment of this Act (Nov. 10, 1988) the Secretary shall not make any conveyance of land or renunciation of reversionary interests under this Act until thirty days (not counting days on which the House of Representatives or the Senate has adjourned for more than three days) after notice of intention to do so has been submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 869, 869-3, 869-4, 1721 of this title. ------DocID 51869 Document 1377 of 1400------ -CITE- 43 USC Sec. 942-2 -EXPCITE- TITLE 43 CHAPTER 22 -HEAD- Sec. 942-2. Rights of several roads through canyons -STATUTE- Any railroad company whose right of way, or whose track or roadbed upon such right of way, passes through any canyon, pass, or defile shall not prevent any other railroad company from the use and occupancy of said canyon, pass, or defile for the purposes of its road, in common with the road first located, or the crossing of other railroads at grade; and the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any tramway, wagon road, or other public highway now located therein, nor prevent the location through the same of any such tramway, wagon road, or highway where such tramway, wagon road, or highway may be necessary for the public accommodation; and where any change in the location of such tramway, wagon road, or highway is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall, before entering upon the ground occupied by such tramway, wagon road, or highway, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road or tramway: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile, and that where the space is limited the United States district court shall require the road first constructed to allow any other railroad or tramway to pass over its track or tracks through such canyon, pass, or defile on such equitable basis as the said court may prescribe; and all shippers shall be entitled to equal accommodations as to the movement of their freight and without discrimination in favor of any person or corporation: Provided, That nothing herein shall be construed as depriving Congress of the right to regulate the charges for freight, passengers and wharfage. -SOURCE- (May 14, 1898, ch. 299, Sec. 3, 30 Stat. 410.) -STATAMEND- REPEAL OF SECTION Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. -COD- CODIFICATION Section was formerly classified to section 412 of Title 48, Territories and Insular Possessions. -MISC3- SAVINGS PROVISION Repeal by Pub. L. 94-579 insofar as applicable to the issuance of rights-of-way not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 942-1, 942-3, 942-4, 942-5, 942-6, 942-7, 942-8 of this title; title 16 section 3215. ------DocID 51985 Document 1378 of 1400------ -CITE- 43 USC Sec. 1181f-2 -EXPCITE- TITLE 43 CHAPTER 28 SUBCHAPTER V -HEAD- Sec. 1181f-2. Appraisal of land and timber; manner and frequency; computation of amounts upon basis of last appraisement; deduction of appraisement expenses -STATUTE- Appraisals of the land and timber thereon shall be made, in the manner prescribed in section 1181f-1 of this title, not less frequently than once in each ten-year period, and the amounts due hereunder in any year shall be computed as specified in section 1181f-1 of this title upon the basis of the last appraisement. The expenses of making the appraisements provided for in sections 1181f-1 to 1181f-4 of this title shall be paid by the Secretary of the Treasury upon certification by the Secretary of the Interior, from that portion of the receipts derived from such lands and timber payable to the counties and shall be deducted from any amount due said counties. -SOURCE- (May 24, 1939, ch. 144, Sec. 2, 53 Stat. 754.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1181f-1 of this title; title 31 section 6902. ------DocID 52677 Document 1379 of 1400------ -CITE- 45 USC Sec. 2 -EXPCITE- TITLE 45 CHAPTER 1 -HEAD- Sec. 2. Automatic couplers -STATUTE- It shall be unlawful for any such railroad to haul or permit to be hauled or used on its line any car not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars. -SOURCE- (Mar. 2, 1893, ch. 196, Sec. 2, 27 Stat. 531; June 22, 1988, Pub. L. 100-342, Sec. 13(1)(B), 102 Stat. 630.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-342 substituted 'railroad' for 'common carrier' and struck out 'used in moving interstate traffic' after 'car'. -TRANS- TRANSFER OF FUNCTIONS Powers, duties, and functions of Interstate Commerce Commission and of Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and protection of employees and travelers transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created Department of Transportation. See section 1655(e)(1)(A) of Title 49, Appendix, Transportation. -CROSS- CROSS REFERENCES Assumption of risk by employees, see section 7 of this title. Railroads in Territories and District of Columbia, section as applicable to, see section 8 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3, 6, 7, 8, 9, 10, 13, 14, 16, 37, 1013 of this title; title 42 section 4916; title 49 App. section 1655. ------DocID 52714 Document 1380 of 1400------ -CITE- 45 USC CHAPTER 2 -EXPCITE- TITLE 45 CHAPTER 2 -HEAD- CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES -MISC1- Sec. 51. Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined. 52. Carriers in Territories or other possessions of United States. 53. Contributory negligence; diminution of damages. 54. Assumption of risks of employment. 55. Contract, rule, regulation, or device exempting from liability; set-off. 56. Actions; limitation; concurrent jurisdiction of courts. 57. Who included in term 'common carrier'. 58. Duty or liability of common carriers and rights of employees under other acts not impaired. 59. Survival of right of action of person injured. 60. Penalty for suppression of voluntary information incident to accidents; separability. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 721, 1207 of this title; title 15 section 3901; title 28 section 1445. ------DocID 53566 Document 1381 of 1400------ -CITE- 46 USC CHAPTER 2 -EXPCITE- TITLE 46 APPENDIX CHAPTER 2 -HEAD- CHAPTER 2 - DOCUMENTATION, RECORDING, AND MEASUREMENT -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 14. Wrecked vessels. 42. Oath on entry as to ownership. 57. Production of certificate on entry. 59. Penalty for neglect by officers. -CROSS- CROSS REFERENCES Corporation meeting certain conditions deemed citizen for purposes of the laws relating to documentation of vessels, see section 883-1 of this Appendix. ------DocID 53845 Document 1382 of 1400------ -CITE- 46 USC APPENDIX - SHIPPING Sec. 1121-2 -EXPCITE- TITLE 46 APPENDIX CHAPTER 24A SUBCHAPTER II -HEAD- Sec. 1121-2. National Maritime Enhancement Institutes -STATUTE- (a) Designation by Secretary of Transportation The Secretary of Transportation may designate National Maritime Enhancement Institutes. (b) Activities Activities undertaken by such an Institute may include - (1) conducting research concerning methods for improving the performance of maritime industries; (2) enhancing the competitiveness of domestic maritime industries in international trade; (3) forecasting trends in maritime trade; (4) assessing technological advancements; (5) developing management initiatives and training; (6) analyzing economic and operational impacts of regulatory policies and international negotiations or agreements pending before international bodies; (7) assessing the compatibility of domestic maritime infrastructure systems with overseas transport systems; (8) fostering innovations in maritime transportation pricing; and (9) improving maritime economics and finance. (c) Submission of applications An institution seeking designation as a National Maritime Enhancement Institute shall submit an application under regulations prescribed by the Secretary. (d) Designation criteria The Secretary shall designate an Institute under this section on the basis of the following criteria: (1) the demonstrated research and extension resources available to the designee for carrying out the activities specified in subsection (b) of this section; (2) the capability of the designee to provide leadership in making national and regional contributions to the solution of both long-range and immediate problems of the domestic maritime industry; (3) the existence of an established program of the designee encompassing research and training directed to enhancing maritime industries; (4) the demonstrated ability of the designee to assemble and evaluate pertinent information from national and international sources and to disseminate results of maritime industry research and educational programs through a continuing education program; and (5) the qualification of the designee as a nonprofit institution of higher learning. (e) Awards The Secretary may make awards on an equal matching basis to an institute designated under subsection (a) of this section from amounts appropriated. The aggregate annual amount of the Federal share of the awards shall not exceed $100,000. -SOURCE- (Pub. L. 101-115, Sec. 8, Oct. 13, 1989, 103 Stat. 694; Pub. L. 101-595, title VII, Sec. 702, Nov. 16, 1990, 104 Stat. 2994.) -COD- CODIFICATION Section was not enacted as part of the Merchant Marine Act, 1936, which comprises this chapter. -MISC3- AMENDMENTS 1990 - Subsec. (e). Pub. L. 101-595 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: 'The Secretary may make research grants, on an equal matching basis, to an institute from amounts appropriated pursuant to section 1(2)(B). The aggregate amount of such grants shall not exceed $100,000.' ------DocID 54073 Document 1383 of 1400------ -CITE- 47 USC CHAPTER 2 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- CHAPTER 2 - SUBMARINE CABLES -MISC1- Sec. 21. Submarine cables; willful injury to; punishment. 22. Negligent injury to submarine cables; punishment. 23. Injury to submarine cables in efforts to save life excepted. 24. Vessels laying cables; signals; avoidance of buoys. 25. Fishing vessels; duty to keep nets from cables. 26. Duties of commanders of warships. 27. Offending vessels to show nationality. 28. Penalties not to bar suits for damages. 29. Master of offending vessel punishable. 30. Definitions. 31. Summary trials. 32. Application. 33. Jurisdiction and venue of actions and offenses. 34. Licenses for landing or operating cables connecting United States with foreign country; necessity for. 35. Withholding or revoking of licenses by President; terms and conditions of licenses. 36. Preventing landing or operating of cables; injunction. 37. Violations; punishment. 38. 'United States' defined. 39. Amendment, modification, etc., of rights granted. ------DocID 54319 Document 1384 of 1400------ -CITE- 48 USC Sec. 2 -EXPCITE- TITLE 48 CHAPTER 1 -HEAD- Sec. 2. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section, acts June 3, 1916, ch. 134, Sec. 14, 39 Stat. 176; June 4, 1920, ch. 227, subch. I, Sec. 14, 41 Stat. 769, prescribed composition of Bureau of Insular Affairs. ------DocID 54322 Document 1385 of 1400------ -CITE- 48 USC CHAPTER 2 -EXPCITE- TITLE 48 CHAPTER 2 -HEAD- CHAPTER 2 - ALASKA ------DocID 54323 Document 1386 of 1400------ -CITE- 48 USC Chap. 2 -EXPCITE- TITLE 48 CHAPTER 2 -HEAD- Chap. 2 -MISC1- ADMISSION AS STATE Alaska was admitted into the Union on January 3, 1959, on issuance of Proc. No. 3269, eff. Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, set out below, as required by sections 1 and 8(c) of the Alaska Statehood Law, Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out below. ALASKA STATEHOOD Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended, provided: '(Sec. 1. Declaration; acceptance, ratification, and confirmation of Constitution.) That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 8(c) of this Act, the State of Alaska is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Alaska entitled, 'An Act to provide for the holding of a constitutional convention to prepare a constitution for the State of Alaska; to submit the constitution to the people for adoption or rejection; to prepare for the admission of Alaska as a State; to make an appropriation; and setting an effective date', approved March 19, 1955 (Chapter 46, Session Laws of Alaska, 1955), and adopted by a vote of the people of Alaska in the election held on April 24, 1956, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed. 'Sec. 2. (Territory.) The State of Alaska shall consist of all the territory, together with the territorial waters appurtenant thereto, now included in the Territory of Alaska. 'Sec. 3. (Constitution.) The constitution of the State of Alaska shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. 'Sec. 4. (Compact with United States; disclaimer of right and title to lands or other property; taxation.) As a compact with the United States said State and its people do agree and declare that they forever disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is subject to disposition by the United States, and to any lands or other property (including fishing rights), the right or title to which may be held by any Indians, Eskimos, or Aleuts (hereinafter called natives) or is held by the United States in trust for said natives; that all such lands or other property (including fishing rights), the right or title to which may be held by said natives or is held by the United States in trust for said natives, shall be and remain under the absolute jurisdiction and control of the United States until disposed of under its authority, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation: Provided, That nothing contained in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by the laws of the United States applicable thereto; and nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that any law applicable thereto authorizes, establishes, recognizes, or confirms the validity or invalidity of any such claim, and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything in this Act: And provided further, That no taxes shall be imposed by said State upon any lands or other property now owned or hereafter acquired by the United States or which, as hereinabove set forth, may belong to said natives, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation. (As amended Pub. L. 86-70, Sec. 2(a), June 25, 1959, 73 Stat. 141.) 'Sec. 5. (Title to property.) The State of Alaska and its political subdivisions, respectively, shall have and retain title to all property, real and personal, title to which is in the Territory of Alaska or any of the subdivisions. Except as provided in section 6 hereof, the United States shall retain title to all property, real and personal, to which it has title, including public lands. 'Sec. 6. (Selection from public lands; fish and wildlife resources; public school support; mineral leases, permits, leases, or contracts; mineral land grants; schools and colleges; confirmation of grants; internal improvements; submerged lands.) (a) For the purposes of furthering the development of and expansion of communities, the State of Alaska is hereby granted and shall be entitled to select, within thirty-five years after the date of the admission of the State of Alaska into the Union, from lands within national forests in Alaska which are vacant and unappropriated at the time of their selection not to exceed four hundred thousand acres of land, and from the other public lands of the United States in Alaska which are vacant, unappropriated, and unreserved at the time of their selection not to exceed another four hundred thousand acres of land, all of which shall be adjacent to established communities or suitable for prospective community centers and recreational areas. Such lands shall be selected by the State of Alaska with the approval of the Secretary of Agriculture as to national forest lands and with the approval of the Secretary of the Interior as to other public lands: Provided, That nothing herein contained shall affect any valid existing claim, location, or entry under the laws of the United States, whether for homestead, mineral, right-of-way, or other purpose whatsoever, or shall affect the rights of any such owner, claimant, locator, or entryman to the full use and enjoyment of the land so occupied: Provided further, That for the purposes of this section the term 'public lands of the United States in Alaska which are vacant, unappropriated, and unreserved' shall include, without limiting the use thereof, the retained or reserved interest of the United States in lands which have been disposed of with a reservation to the United States of all minerals or any specified mineral or minerals. '(b) The State of Alaska, in addition to any other grants made in this section, is hereby granted and shall be entitled to select, within thirty-five years after the admission of Alaska into the Union, not to exceed one hundred and two million five hundred and fifty thousand acres from the public lands of the United States in Alaska which are vacant, unappropriated, and unreserved at the time of their selection: Provided, That nothing herein contained shall affect any valid existing claim, location, or entry under the laws of the United States, whether for homestead, mineral, right-of-way, or other purpose whatsoever, or shall affect the rights of any such owner, claimant, locator, or entryman to the full use and enjoyment of the lands so occupied: And provided further, That no selection hereunder shall be made in the area north and west of the line described in section 10 without approval of the President or his designated representative. '(c) Block 32, and the structures and improvements thereon, in the city of Juneau are granted to the State of Alaska for any or all of the following purposes or a combination thereof: A residence for the Governor, a State museum, or park and recreational use. '(d) Block 19, and the structures and improvements thereon, and the interests of the United States in blocks C and 7, and the structures and improvements thereon, in the city of Juneau, are hereby granted to the State of Alaska. '(e) All real and personal property of the United States situated in the Territory of Alaska which is specifically used for the sole purpose of conservation and protection of the fisheries and wildlife of Alaska, under the provisions of the Alaska game law of July 1, 1943 (57 Stat. 301; 48 U.S.C., secs 192-211), as amended, and under the provisions of the Alaska commercial fisheries, laws of June 26, 1906 (34 Stat. 478; 48 U.S.C., secs. 230-239 and 241-242), and June 6, 1924 (43 Stat. 465; 48 U.S.C., secs. 221-228), as supplemented and amended, shall be transferred and conveyed to the State of Alaska by the appropriate Federal agency: Provided, That the administration and management of the fish and wildlife resources of Alaska shall be retained by the Federal Government under existing laws until the first day of the first calendar year following the expiration of ninety calendar days after the Secretary of the Interior certifies to the Congress that the Alaska State Legislature has made adequate provision for the administration, management, and conservation of said resources in the broad national interest: Provided, That such transfer shall not include lands withdrawn or otherwise set apart as refuges or reservations for the protection of wildlife nor facilities utilized in connection therewith, or in connection with general research activities relating to fisheries or wildlife. Sums of money that are available for apportionment or which the Secretary of the Interior shall have apportioned as of the date the State of Alaska shall be deemed to be admitted into the Union, for wildlife restoration in the Territory of Alaska, pursuant to section 8(a) of the Act of September 2, 1937, as amended (16 U.S.C., sec. 669g-1), and for fish restoration and management in the Territory of Alaska, pursuant to section 12 of the Act of August 9, 1950 (16 U.S.C., sec. 777k), shall continue to be available for the period, and under the terms and conditions in effect at the time, the apportionments are made. Commencing with the year during which Alaska is admitted into the Union, the Secretary of the Treasury, at the close of each fiscal year, shall pay to the State of Alaska 70 per centum of the net proceeds, as determined by the Secretary of the Interior, derived during such fiscal year from all sales of sealskins or sea otter skins made in accordance with the provisions of the Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.). In arriving at the net proceeds, there shall be deducted from the receipts from all sales all costs to the United States in carrying out the provisions of the Fur Seal Act of 1966, including, but not limited to, the costs of handling and dressing the skins, the costs of making the sales, and all expenses incurred in the administration of the Pribilof Islands, and the payments made to any municipal corporation established pursuant to section 206 of the Fur Seal Act of 1966 (16 U.S.C. 1166) and to the civil service retirement and disability fund pursuant to section 208 of the Fur Seal Act of 1966 (16 U.S.C. 1168). In administering the Pribilof Islands fund established by section 407 of the Fur Seal Act of 1966 (16 U.S.C. 1187), the Secretary shall consult with the State of Alaska annually. Nothing in this Act shall be construed as affecting the rights of the United States under the provisions of the Fur Seal Act of 1966 and the Northern Pacific Halibut Act of 1937 (16 U.S.C. 772-772i). '(f) Five per centum of the proceeds of sale of public lands lying within said State which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to such sales, shall be paid to said State to be used for the support of the public schools within said State. '(g) Except as provided in subsection (a), all lands granted in quantity to and authorized to be selected by the State of Alaska by this Act shall be selected in such manner as the laws of the State may provide, and in conformity with such regulations as the Secretary of the Interior may prescribe. All selections shall be made in reasonably compact tracts, taking into account the situation and potential uses of the lands involved, and each tract selected shall contain at least five thousand seven hundred and sixty acres unless isolated from other tracts open to selection or, in the case of selections under subsec. (a) of this section, one hundred and sixty acres. The authority to make selections shall never be alienated or bargained away, in whole or in part, by the State. Upon the revocation of any order of withdrawal in Alaska, the order of revocation shall provide for a period of not less than ninety days before the date on which it otherwise becomes effective, if subsequent to the admission of Alaska into the Union, during which period the State of Alaska shall have a preferred right of selection, subject to the requirements of this Act, except as against prior existing valid rights or as against equitable claims subject to allowance and confirmation. Such preferred right of selection shall have precedence over the preferred right of application created by section 4 of the Act of September 27, 1944 (58 Stat. 748; 43 U.S.C., sec. 282), as now or hereafter amended, but not over other preference rights now conferred by law. Where any lands desired by the State are unsurveyed at the time of their selection, the Secretary of the Interior shall survey the exterior boundaries of the area requested without any interior subdivision thereof and shall issue a patent for such selected area in terms of the exterior boundary survey; where any lands desired by the State are surveyed at the time of their selection, the boundaries of the area requested shall conform to the public land subdivisions established by the approval of the survey. All lands duly selected by the State of Alaska pursuant to this Act shall be patented to the State by the Secretary of the Interior. Following the selection of lands by the State and the tentative approval of such selection by the Secretary of the Interior or his designee, but prior to the issuance of final patent, the State is hereby authorized to execute conditional leases and to make conditional sales of such selected lands. As used in this subsection, the words 'equitable claims subject to allowance and confirmation' include, without limitation, claims of holders of permits issued by the Department of Agriculture on lands eliminated from national forests, whose permits have been terminated only because of such elimination and who own valuable improvements on such lands. As to all selections made by the State after January 1, 1979, pursuant to section 6(b) of this Act, the Secretary of the Interior, in his discretion, may waive the minimum tract selection size where he determines that such a reduced selection size would be in the national interest and would result in a better land ownership pattern. '(h) Any lease, permit, license, or contract issued under the Mineral Leasing Act of February 25, 1920 (41 Stat. 437; 30 U.S.C. 181 and the following), as amended, or under the Alaska Coal Leasing Act of October 20, 1914 (38 Stat. 741; 30 U.S.C. (FOOTNOTE 1) 432 and the following), as amended, shall have the effect of withdrawing the lands subject thereto from selection by the State of Alaska under this Act, unless an application to select such lands is filed with the Secretary of the Interior within a period of ten years after the date of the admission of Alaska into the Union. Such selections shall be made only from lands that are otherwise open to selection under this Act. When all of the lands subject to a lease, permit, license, or contract are selected, the patent for the lands so selected shall vest in the State of Alaska all the right, title, and interest of the United States in and to that lease, permit, license, or contract that remains outstanding on the effective date of the patent, including the right to all the rentals, royalties, and other payments accruing after that date under that lease, permit, license, or contract, and including any authority that may have been retained by the United States to modify the terms and conditions of that lease, permit, license, or contract: Provided, That nothing herein contained shall affect the continued validity of any such lease, permit, license, or contract or any rights arising thereunder. Where only a portion of the lands subject to a lease, permit, license, or contract are selected, there shall be reserved to the United States the mineral or minerals subject to that lease, permit, license, or contract, together with such further rights as may be necessary to the full and complete enjoyment of all rights, privileges, and benefits under or with respect to that lease, permit, license, or contract; upon the termination of the lease, permit, license, or contract, title to the minerals so reserved to the United States shall pass to the State of Alaska. (FOOTNOTE 1) So in original. Probably should be '48 U.S.C.'. '(i) All grants made or confirmed under this Act shall include mineral deposits. The grants of mineral lands to the State of Alaska under subsections (a) and (b) of this section are made upon the express condition that all sales, grants, deeds, or patents for any of the mineral lands so granted shall be subject to and contain a reservation to the State of all of the minerals in the lands so sold, granted, deeded, or patented, together with the right to prospect for, mine, and remove the same. Mineral deposits in such lands shall be subject to lease by the State as the State legislature may direct: Provided, That any lands or minerals hereafter disposed of contrary to the provisions of this section shall be forfeited to the United States by appropriate proceedings instituted by the Attorney General for that purpose in the United States District Court for the District of Alaska. '(j) The schools and colleges provided for in this Act shall forever remain under the exclusive control of the State, or its governmental subdivisions, and no part of the proceeds arising from the sale or disposal of any lands granted herein for educational purposes shall be used for the support of any sectarian or denominational school, college, or university. '(k) Grants previously made to the Territory of Alaska are hereby confirmed and transferred to the State of Alaska upon its admission. Effective upon the admission of the State of Alaska into the Union, section 1 of the Act of March 4, 1915 (38 Stat. 1214; 48 U.S.C., sec. 353), as amended, and the last sentence of section 35 of the Act of February 25, 1920 (41 Stat. 450; 30 U.S.C., sec. 191), as amended, are repealed and all lands therein reserved under the provisions of section 1 as of the date of this Act (July 7, 1958) shall, upon the admission of said State into the Union, be granted to said State for the purposes for which they were reserved; but such repeal shall not affect any outstanding lease, permit, license, or contract issued under said section 1, as amended, or any rights or powers with respect to such lease, permit, license, or contract, and shall not affect the disposition of the proceeds or income derived prior to such repeal from any lands reserved under said section 1, as amended, or derived thereafter from any disposition of the reserved lands or an interest therein made prior to such repeal. '(l) The grants provided for in this Act shall be in lieu of the grant of land for purposes of internal improvements made to new States by section 8 of the Act of September 4, 1841 (5 Stat. 455), and sections 2378 and 2379 of the Revised Statutes (43 U.S.C., sec. 857), and in lieu of the swampland grant made by the Act of September 28, 1850 (9 Stat. 520), and section 2479 of the Revised Statutes (43 U.S.C., sec. 982), and in lieu of the grant of thirty thousand acres for each Senator and Representative in Congress made by the Act of July 2, 1862, as amended (12 Stat. 503; 7 U.S.C., secs. 301-308), which grants are hereby declared not to extend to the State of Alaska. '(m) The Submerged Lands Act of 1953 (Public Law 31, Eighty-third Congress, first session; 67 Stat. 29) shall be applicable to the State of Alaska and the said State shall have the same rights as do existing States thereunder. (As amended Pub. L. 86-70, Sec. 2(b), June 25, 1959, 73 Stat. 141; Pub. L. 86-173, Aug. 18, 1959, 73 Stat. 395; Pub. L. 86-786, Sec. 3, 4, Sept. 14, 1960, 74 Stat. 1025; Pub. L. 88-135, Oct. 8, 1963, 77 Stat. 223; Pub. L. 88-289, Mar. 25, 1964, 78 Stat. 169; Pub. L. 89-702, title IV, Sec. 408(b), Nov. 2, 1966, 80 Stat. 1098; Pub. L. 96-487, title IX, Sec. 906(a), (f)(3), Dec. 2, 1980, 94 Stat. 2437, 2440.) 'Sec. 7. (Certification by President; proclamation for elections.) Upon enactment of this Act, it shall be the duty of the President of the United States, not later than July 3, 1958, to certify such fact to the Governor of Alaska. Thereupon the Governor, on or after July 3, 1958, and not later than August 1, 1958, shall issue his proclamation for the elections, as hereinafter provided, for officers of all elective offices and in the manner provided for by the constitution of the proposed State of Alaska, but the officers so elected shall in any event include two Senators and one Representative in Congress. 'Sec. 8. (Election of officers; date; propositions; certification of voting results; proclamation by President; laws in effect.) (a) The proclamation of the Governor of Alaska required by section 7 shall provide for holding of a primary election and a general election on dates to be fixed by the Governor of Alaska: Provided, That the general election shall not be held later than December 1, 1958, and at such elections the officers required to be elected as provided in section 7 shall be, and officers for other elective offices provided for in the constitution of the proposed State of Alaska may be, chosen by the people. Such elections shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State of Alaska for the election of members of the proposed State legislature. The returns thereof shall be made and certified in such manner as the constitution of the proposed State of Alaska may prescribe. The Governor of Alaska shall certify the results of said elections to the President of the United States. '(b) At an election designated by proclamation of the Governor of Alaska, which may be the general election held pursuant to subsection (a) of this section, or a Territorial general election, or a special election, there shall be submitted to the electors qualified to vote in said election, for adoption or rejection, by separate ballot on each, the following propositions: ' '(1) Shall Alaska immediately be admitted into the Union as a State? ' '(2) The boundaries of the State of Alaska shall be as prescribed in the Act of Congress approved XX (date of approval of this Act) and all claims of this State to any areas of land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the United States. ' '(3) All provisions of the Act of Congress approved XX (date of approval of this Act) reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Alaska, are consented to fully by said State and its people.' 'In the event each of the foregoing propositions is adopted at said election by a majority of the legal votes cast on said submission, the proposed constitution of the proposed State of Alaska, ratified by the people at the election held on April 24, 1956, shall be deemed amended accordingly. In the event any one of the foregoing propositions is not adopted at said election by a majority of the legal votes cast on said submission, the provisions of this Act shall thereupon cease to be effective. 'The Governor of Alaska is hereby authorized and directed to take such action as may be necessary or appropriate to insure the submission of said propositions to the people. The return of the votes cast on said propositions shall be made by the election officers directly to the Secretary of Alaska, who shall certify the results of the submission to the Governor. The Governor shall certify the results of said submission, as so ascertained, to the President of the United States. '(c) If the President shall find that the propositions set forth in the preceding subsection have been duly adopted by the people of Alaska, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 7 of this Act, shall thereupon issue his proclamation announcing the results of said election as so ascertained. Upon the issuance of said proclamation by the President, the State of Alaska shall be deemed admitted into the Union as provided in section 1 of this Act. 'Until the said State is so admitted into the Union, all of the officers of said Territory, including the Delegate in Congress from said Territory, shall continue to discharge the duties of their respective offices. Upon the issuance of said proclamation by the President of the United States and the admission of the State of Alaska into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in or under or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representative in the manner required by law, and the said Senators and Representative shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States. '(d) Upon admission of the State of Alaska into the Union as herein provided, all of the Territorial laws then in force in the Territory of Alaska shall be and continue in full force and effect throughout said State except as modified or changed by this Act, or by the constitution of the State, or as thereafter modified or changed by the legislature of the State. All of the laws of the United States shall have the same force and effect within said State as elsewhere within the United States. As used in this paragraph, the term 'Territorial laws' includes (in addition to laws enacted by the Territorial Legislature of Alaska) all laws or parts thereof enacted by the Congress the validity of which is dependent solely upon the authority of the Congress to provide for the government of Alaska prior to the admission of the State of Alaska into the Union, and the term 'laws of the United States' includes all laws or parts thereof enacted by the Congress that (1) apply to or within Alaska at the time of the admission of the State of Alaska into the Union, (2) are not 'Territorial laws' as defined in this paragraph, and (3) are not in conflict with any other provisions of this Act. 'Sec. 9. (House of Representatives membership.) The State of Alaska upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided, That such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13) nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C., sec. 2a), for the Eighty-third Congress and each Congress thereafter. 'Sec. 10. (National defense withdrawals; jurisdiction.) (a) The President of the United States is hereby authorized to establish, by Executive order or proclamation, one or more special national defense withdrawals within the exterior boundaries of Alaska, which withdrawal or withdrawals may thereafter be terminated in whole or in part by the President. '(b) Special national defense withdrawals established under subsection (a) of this section shall be confined to those portions of Alaska that are situated to the north or west of the following line: Beginning at the point where the Porcupine River crosses the international boundary between Alaska and Canada; thence along a line parallel to, and five miles from, the right bank of the main channel of the Porcupine River to its confluence with the Yukon River; thence along a line parallel to, and five miles from, the right bank of the main channel of the Yukon River to its most southerly point of intersection with the meridian of longitude 160 degrees west of Greenwich; thence south to the intersection of said meridian with the Kuskokwim River; thence along a line parallel to, and five miles from the right bank of the Kuskokwim River to the mouth of said river; thence along the shoreline of Kuskokwim Bay to its intersection with the meridian of longitude 162 degrees 30 minutes west of Greenwich; thence south to the intersection of said meridian with the parallel of latitude 57 degrees 30 minutes north; thence east to the intersection of said parallel with the meridian of longitude 156 degrees west of Greenwich; thence south to the intersection of said meridian with the parallel of latitude 50 degrees north. '(c) Effective upon the issuance of such Executive order or proclamation, exclusive jurisdiction over all special national defense withdrawals established under this section is hereby reserved to the United States, which shall have sole legislative, judicial, and executive power within such withdrawals, except as provided hereinafter. The exclusive jurisdiction so established shall extend to all lands within the exterior boundaries of each such withdrawal, and shall remain in effect with respect to any particular tract or parcel of land only so long as such tract or parcel remains within the exterior boundaries of such a withdrawal. The laws of the State of Alaska shall not apply to areas within any special national defense withdrawal established under this section while such areas remain subject to the exclusive jurisdiction hereby authorized: Provided, however, That such exclusive jurisdiction shall not prevent the execution of any process, civil or criminal, of the State of Alaska, upon any person found within said withdrawals: And provided further, That such exclusive jurisdiction shall not prohibit the State of Alaska from enacting and enforcing all laws necessary to establish voting districts, and the qualification and procedures for voting in all elections. '(d) During the continuance in effect of any special national defense withdrawal established under this section, or until the Congress otherwise provides, such exclusive jurisdiction shall be exercised within each such withdrawal in accordance with the following provisions of law: '(1) All laws enacted by the Congress that are of general application to areas under the exclusive jurisdiction of the United States, including, but without limiting the generality of the foregoing, those provisions of title 18, United States Code, that are applicable within the special maritime and territorial jurisdiction of the United States as defined in section 7 of said title, shall apply to all areas within such withdrawals. '(2) In addition, any areas within the withdrawals that are reserved by Act of Congress or by Executive action for a particular military or civilian use of the United States shall be subject to all laws enacted by the Congress that have application to lands withdrawn for that particular use, and any other areas within the withdrawals shall be subject to all laws enacted by the Congress that are of general application to lands withdrawn for defense purposes of the United States. '(3) To the extent consistent with the laws described in paragraphs (1) and (2) of this subsection and with regulations made or other actions taken under their authority, all laws in force within such withdrawals immediately prior to the creation thereof by Executive order or proclamation shall apply within the withdrawals and, for this purpose, are adopted as laws of the United States: Provided, however, That the laws of the State or Territory relating to the organization or powers of municipalities or local political subdivisions, and the laws or ordinances of such municipalities or political subdivisions shall not be adopted as laws of the United States. '(4) All functions vested in the United States commissioners by the laws described in this subsection shall continue to be performed within the withdrawals by such commissioners. '(5) All functions vested in any municipal corporation, school district, or other local political subdivision by the laws described in this subsection shall continue to be performed within the withdrawals by such corporation, district, or other subdivision, and the laws of the State or the laws or ordinances of such municipalities or local political subdivision shall remain in full force and effect notwithstanding any withdrawal made under this section. '(6) All other functions vested in the government of Alaska or in any officer or agency thereof, except judicial functions over which the United States District Court for the District of Alaska is given jurisdiction by this Act or other provisions of law, shall be performed within the withdrawals by such civilian individuals or civilian agencies and in such manner as the President shall from time to time, by Executive order, direct or authorize. '(7) The United States District Court for the District of Alaska shall have original jurisdiction, without regard to the sum or value of any matter in controversy, over all civil actions arising within such withdrawals under the laws made applicable thereto by this subsection, as well as over all offenses committed within the withdrawals. '(e) Nothing contained in subsection (d) of this section shall be construed as limiting the exclusive jurisdiction established in the United States by subsection (c) of this section or the authority of the Congress to implement such exclusive jurisdiction by appropriate legislation, or as denying to persons now or hereafter residing within any portion of the areas described in subsection (b) of this section the right to vote at all elections held within the political subdivisions as prescribed by the State of Alaska where they respectively reside, or as limiting the jurisdiction conferred on the United States District Court for the District of Alaska by any other provision of law, or as continuing in effect laws relating to the Legislature of the Territory of Alaska. Nothing contained in this section shall be construed as limiting any authority otherwise vested in the Congress or the President. 'Sec. 11. (Denali National Park; military and naval lands; civil and criminal jurisdiction.) (a) Nothing in this Act shall affect the establishment, or the right, ownership, and authority of the United States in Denali National Park, as now or hereafter constituted; but exclusive jurisdiction, in all cases, shall be exercised by the United States for the national park, as now or hereafter constituted; saving, however, to the State of Alaska the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in said State, but outside of said park; and saving further to the said State the right to tax persons and corporations, their franchises and property on the lands included in said park; and saving also to the persons residing now or hereafter in such area the right to vote at all elections held within the respective political subdivisions of their residence in which the park is situated. '(b) Notwithstanding the admission of the State of Alaska into the Union, authority is reserved in the United States, subject to the proviso hereinafter set forth, for the exercise by the Congress of the United States of the power of exclusive legislation, as provided by article I, section 8, clause 17, of the Constitution of the United States, in all cases whatsoever over such tracts or parcels of land as, immediately prior to the admission of said State, are owned by the United States and held for military, naval, Air Force, or Coast Guard purposes, including naval petroleum reserve numbered 4, whether such lands were acquired by cession and transfer to the United States by Russia and set aside by Act of Congress or by Executive order or proclamation of the President or the Governor of Alaska for the use of the United States, or were acquired by the United States by purchase, condemnation, donation, exchange, or otherwise: Provided, (i) That the State of Alaska shall always have the right to serve civil or criminal process within the said tracts or parcels of land in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed within the said State but outside of the said tracts or parcels of land; (ii) that the reservation of authority in the United States for the exercise by the Congress of the United States of the power of exclusive legislation over the lands aforesaid shall not operate to prevent such lands from being a part of the State of Alaska, or to prevent the said State from exercising over or upon such lands, concurrently with the United States, any jurisdiction whatsoever which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by the Congress pursuant to such reservation of authority; and (iii) that such power of exclusive legislation shall rest and remain in the United States only so long as the particular tract or parcel of land involved is owned by the United States and used for military, naval, Air Force, or Coast Guard purposes. The provisions of this subsection shall not apply to lands within such special national defense withdrawal or withdrawals as may be established pursuant to section 10 of this Act until such lands cease to be subject to the exclusive jurisdiction reserved to the United States by that section. (As amended Pub. L. 96-487, title II, Sec. 202(3)(a), Dec. 2, 1980, 94 Stat. 2382.) 'Sec. 12. (Judicial and criminal provisions; amendment.) Effective upon the admission of Alaska into the Union - '(a) The analysis of chapter 5 of title 28, United States Code, immediately preceding section 81 of such title, is amended by inserting immediately after and underneath item 81 of such analysis, a new item to be designated as item 81A and to read as follows: ' '81A. Alaska'; '(b) Title 28, United States Code, is amended by inserting immediately after section 81 thereof a new section, to be designated as section 81A, and to read as follows: ' 'Sec. 81A. Alaska ' 'Alaska constitutes one judicial district. ' 'Court shall be held at Anchorage, Fairbanks, Juneau, and Nome.'; '(c) Section 133 of title 28, United States Code, is amended by inserting in the table of districts and judges in such section immediately above the item: 'Arizona * * * 2', a new item as follows: 'Alaska * * * 1'; '(d) The first paragraph of section 373 of title 28, United States Code, as heretofore amended, is further amended by striking out the words: 'the District Court for the Territory of Alaska,': Provided, That the amendment made by this subsection shall not affect the rights of any judge who may have retired before it takes effect; '(e) The words 'the District Court for the Territory of Alaska,' are stricken out wherever they appear in sections 333, 460, 610, 753, 1252, 1291, 1292, and 1346 of title 28, United States Code; '(f) The first paragraph of section 1252 of title 28, United States Code, is further amended by striking out the word 'Alaska,' from the clause relating to courts of record; '(g) Subsection (2) of section 1294 of title 28, United States Code, is repealed and the later subsections of such section are renumbered accordingly; '(h) Subsection (a) of section 2410 of title 28, United States Code, is amended by striking out the words: 'including the District Court for the Territory of Alaska,'; '(i) Section 3241 of title 18, United States Code, is amended by striking out the words: 'District Court for the Territory of Alaska, the'; '(j) Subsection (e) of section 3401 of title 18, United States Code, is amended by striking out the words: 'for Alaska or'; '(k) Section 3771 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words: 'the Territory of Alaska,'; '(l) Section 3772 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words: 'the Territory of Alaska,'; '(m) Section 2072 of title 28, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words: 'and of the District Court for the Territory of Alaska'; '(n) Subsection (q) of section 376 of title 28, United States Code, is amended by striking out the words: 'the District Court for the Territory of Alaska,': Provided, That the amendment made by this subsection shall not affect the rights under such section 376 of any present or former judge of the District Court for the Territory of Alaska or his survivors; '(o) The last paragraph of section 1963 of title 28, United States Code, is repealed; '(p) Section 2201 of title 28, United States Code, is amended by striking out the words: 'and the District Court for the Territory of Alaska'; and '(q) Section 4 of the Act of July 28, 1950 (64 Stat. 380; 5 U.S.C., sec. 341b) is amended by striking out the word: 'Alaska,'. 'Sec. 13. (Continuation of suits.) No writ, action, indictment, cause, or proceeding pending in the District Court for the Territory of Alaska on the date when said Territory shall become a State, and no case pending in an appellate court upon appeal from the District Court for the Territory of Alaska at the time said Territory shall become a State, shall abate by the admission of the State of Alaska into the Union, but the same shall be transferred and proceeded with as hereinafter provided. 'All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no suit, action, or prosecution shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Alaska in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said courts had been established prior to the accrual of said causes of action or the commission of such offenses; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Alaska. 'Sec. 14. (Appeals.) All appeals taken from the District Court for the Territory of Alaska to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit, previous to the admission of Alaska as a State, shall be prosecuted to final determination as though this Act had not been passed. All cases in which final judgment has been rendered in such district court, and in which appeals might be had except for the admission of such State, may still be sued out, taken, and prosecuted to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit under the provisions of then existing law, and there held and determined in like manner; and in either case, the Supreme Court of the United States, or the United States Court of Appeals, in the event of reversal, shall remand the said cause to either the State supreme court or other final appellate court of said State, or the United States district court for said district, as the case may require: Provided, That the time allowed by existing law for appeals from the district court for said Territory shall not be enlarged thereby. 'Sec. 15. (Transfer of cases.) All causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State which are of such nature as to be within the jurisdiction of a district court of the United States shall be transferred to the United States District Court for the District of Alaska for final disposition and enforcement in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts. All other causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State shall be transferred to the appropriate State court of Alaska. All final judgments and decrees rendered upon such transferred cases in the United States District Court for the District of Alaska may be reviewed by the Supreme Court of the United States or by the United States Court of Appeals for the Ninth Circuit in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts. 'Sec. 16. (Succession of courts.) Jurisdiction of all cases pending or determined in the District Court for the Territory of Alaska not transferred to the United States District Court for the District of Alaska shall devolve upon and be exercised by the courts of original jurisdiction created by said State, which shall be deemed to be the successor of the District Court for the Territory of Alaska with respect to cases not so transferred and, as such, shall take and retain custody of all records, dockets, journals, and files of such court pertaining to such cases. The files and papers in all cases so transferred to the United States district court, together with a transcript of all book entries to complete the record in such particular cases so transferred, shall be in like manner transferred to said district court. 'Sec. 17. (Pending cases in the District Court for the Territory of Alaska.) All cases pending in the District Court for the Territory of Alaska at the time said Territory becomes a State not transferred to the United States District Court for the District of Alaska shall be proceeded with and determined by the courts created by said State with the right to prosecute appeals to the appellate courts created by said State, and also with the same right to prosecute appeals or writs of certiorari from the final determination in said causes made by the court of last resort created by such State to the Supreme Court of the United States, as now provided by law for appeals and writs of certiorari from the court of last resort of a State to the Supreme Court of the United States. 'Sec. 18. (Jurisdiction of District Court; termination date.) The provisions of the preceding sections with respect to the termination of the jurisdiction of the District Court for the Territory of Alaska, the continuation of suits, the succession of courts, and the satisfaction of rights of litigants in suits before such courts, shall not be effective until three years after the effective date of this Act, unless the President, by Executive order, shall sooner proclaim that the United States District Court for the District of Alaska, established in accordance with the provisions of this Act, is prepared to assume the functions imposed upon it. During such period of three years or until such Executive order is issued, the United States District Court for the Territory of Alaska shall continue to function as heretofore. The tenure of the judges, the United States attorneys, marshals, and other officers of the United States District Court for the Territory of Alaska shall terminate at such time as that court shall cease to function as provided in this section. 'Sec. 19. (Federal Reserve Act; amendment.) The first paragraph of section 2 of the Federal Reserve Act (38 Stat. 251) is amended by striking out the last sentence thereof and inserting in lieu of such sentence the following: 'When the State of Alaska is hereafter admitted to the Union the Federal Reserve districts shall be readjusted by the Board of Governors of the Federal Reserve System in such manner as to include such State. Every national bank in any State shall, upon commencing business or within ninety days after admission into the Union of the State in which it is located, become a member bank of the Federal Reserve System by subscribing and paying for stock in the Federal Reserve bank of its district in accordance with the provisions of this Act and shall thereupon be an insured bank under the Federal Deposit Insurance Act, and failure to do so shall subject such bank to the penalty provided by the sixth paragraph of this section.' 'Sec. 20. (Reservation of coal lands; repeal.) Section 2 of the Act of October 20, 1914 (38 Stat. 742, 48 U.S.C., sec. 433), is hereby repealed. 'Sec. 21. (United States Nationality.) Nothing contained in this Act shall operate to confer United States nationality, nor to terminate nationality heretofore lawfully acquired, nor restore nationality heretofore lost under any law of the United States or under any treaty to which the United States may have been a party. 'Sec. 22. (Immigration and Nationality Act; amendment.) Section 101(a)(36) of the Immigration and Nationality Act (66 Stat. 170, 8 U.S.C., sec. 1101(a)(36)) is amended by deleting the word 'Alaska,'. 'Sec. 23. (Immigration and Nationality Act; amendment.) The first sentence of section 212(d)(7) of the Immigration and Nationality Act (66 Stat. 188, 8 U.S.C., sec. 1182(d)(7)) is amended by deleting the word 'Alaska,'. 'Sec. 24. (Persons born in Alaska on or after March 30, 1867.) Nothing contained in this Act shall be held to repeal, amend, or modify the provisions of section 304 of the Immigration and Nationality Act (66 Stat. 237, 8 U.S.C., sec. 1404). 'Sec. 25. (Immigration and Nationality Act; amendment.) The first sentence of section 310(a) of the Immigration and Nationality Act (66 Stat. 239, 8 U.S.C., sec. 1421(a)) is amended by deleting the words 'District Courts of the United States for the Territories of Hawaii and Alaska' and substituting therefor the words 'District Court of the United States for the Territory of Hawaii'. 'Sec. 26. (Immigration and Nationality Act; amendment.) Section 344(d) of the Immigration and Nationality Act (66 Stat. 265, 8 U.S.C., sec. 1455(d)) is amended by deleting the words 'in Alaska and'. 'Sec. 27. (Transportation by water.) (a) The third proviso in section 27 of the Merchant Marine Act, 1920, as amended (46 U.S.C., sec. 883), is further amended by striking out the word 'excluding' and inserting in lieu thereof the word 'including'. '(b) Nothing contained in this or any other Act shall be construed as depriving the Federal Maritime Board of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Alaska and other ports in the United States, its Territories or possessions, or as conferring upon the Interstate Commerce Commission jurisdiction over transportation by water between any such ports. 'Sec. 28. (Mines and mining.) (a) The last sentence of section 9 of the Act entitled 'An Act to provide for the leasing of coal lands in the Territory of Alaska, and for other purposes', approved October 20, 1914 (48 U.S.C. 439), is hereby amended to read as follows: 'All net profits from operation of Government mines, and all bonuses, royalties, and rentals under leases as herein provided and all other payments received under this Act shall be distributed as follows as soon as practicable after December 31 and June 30 of each year: (1) 90 per centum thereof shall be paid by the Secretary of the Treasury to the State of Alaska for disposition by the legislature thereof; and (2) 10 per centum shall be deposited in the Treasury of the United States to the credit of miscellaneous receipts.' '(b) Section 35 of the Act entitled 'An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain', approved February 25, 1920, as amended (30 U.S.C. 191), is hereby amended by inserting immediately before the colon preceding the first proviso thereof the following: ', and of those from Alaska 52 1/2 per centum thereof shall be paid to the State of Alaska for disposition by the legislature thereof'. 'Sec. 29. (Separability clause.) If any provision of this Act, or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word to other persons and circumstances shall not be affected thereby. 'Sec. 30. (Repeal of inconsistent laws.) All Acts or parts of Acts in conflict with the provisions of this Act, whether passed by the legislature of said Territory or by Congress, are hereby repealed.' ALASKA OMNIBUS ACT Pub. L. 86-70, June 25, 1959, 73 Stat. 141, as amended, provided: '(Sec. 1. Short Title.) That this Act may be cited as the 'Alaska Omnibus Act'. 'Sec. 2 (Federal jurisdiction.) (a) Section 4 of the Act of July 7, 1958 (72 Stat. 339) (set out as a note above), providing for the admission of the State of Alaska into the Union, is amended by striking out the words 'all such lands or other property, belonging to the United States or which may belong to said natives', and inserting in lieu thereof the words 'all such lands or other property (including fishing rights), the right or title to which may be held by said natives or is held by the United States in trust for said natives'. '(b) Section 6(e) of said Act is amended by striking out the word 'legislative' and inserting in lieu thereof the word 'calendar'. 'Sec. 3. (Termination of application of certain Federal laws.) Any Territorial law, as that term is defined in section 8(d) of the Act of July 7, 1958 (72 Stat. 339, 344) (set out as a note above), providing for the admission of the State of Alaska into the Union - '(a) which provides for the regulation of commerce within Alaska by an agency of the United States, and '(b) the application of which to the State of Alaska is continued solely by reason of such section 8(d), shall cease to apply to the State of Alaska on June 30, 1961, or on the effective date of any law enacted by the Legislature of the State of Alaska which modifies or changes such Territorial law, whichever occurs first. 'Sec. 4. (Sugar Act; amendment.) Section 101 of the Sugar Act of 1948, as amended (7 U.S.C., supp. V, sec. 1101), is further amended by adding thereto a new subsection, to be designated subsection '(o)' and to read as follows: ' '(o) The term 'continental United States' means the 49 States and the District of Columbia.' 'Sec. 5. (Soil Bank Act; amendment.) Section 113 of the Soil Bank Act (7 U.S.C., supp. V, sec. 1837), is amended to read as follows: 'This subtitle B shall apply to the continental United States, except Alaska, and, if the Secretary determines it to be in the national interest, to the State of Alaska, the Territory of Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands, and as used in this subtitle B, the term 'State' includes Hawaii, Puerto Rico, and the Virgin Islands.' 'Sec. 6. (Armed Forces; amendment.) (a) Title 10, United States Code, section 101(2), is amended by striking out the words 'Alaska, Hawaii,' and inserting in lieu thereof the word 'Hawaii'. '(b) Title 10, United States Code, sections 802(11) and 802(12), are each amended by striking out the words 'that part of Alaska east of longitude 172 degrees west,'. '(c) Title 10, United States Code, section 2662(c), is amended by striking out the word 'Alaska,'. 'Sec. 7. (National Bank Act; amendment.) Section 5192 of the Revised Statutes, as amended (12 U.S.C. 144), is further amended by striking out the words 'in Alaska or'. 'Sec. 8. (Federal Reserve Act; amendment.) (a) Section 1 of the Federal Reserve Act, as amended (12 U.S.C. 221), is further amended by deleting the period at the end of such section and inserting in lieu thereof the following: '; the term 'the continental United States' means the States of the United States and the District of Columbia.' '(b) Section 19 of the Federal Reserve Act, as amended (12 U.S.C. 466), is further amended by striking the words 'in Alaska or'. 'Sec. 9. (Home Loan Bank Board.) (a) Paragraph (3) of section 2 of the Federal Home Loan Bank Act, as amended (12 U.S.C. 1422(3)), is further amended by striking out the words 'Territories of Alaska and Hawaii' and inserting in lieu thereof the words 'Territory of Hawaii'. '(b) Section 7 of the Home Owners' Loan Act of 1933, as amended (12 U.S.C. 1466), is further amended by striking out the words 'continental United States, to the Territories of Alaska and Hawaii' and inserting in lieu thereof the words 'continental United States (including Alaska), to the Territory of Hawaii'. 'Sec. 10. (National Housing Act; amendment.) The National Housing Act is amended by - '(a) striking out the word 'Alaska,' in sections 9, 201(d), 207(a)(7), 601(d), 713(q), and 801(g) (12 U.S.C., secs. 1706d, 1707(d), 1713(a)(7), 1736(d), 1747l(q); supp. V, sec. 1748(g)); '(b) striking out the words 'the Territory of Alaska,' in section 207(c)(2) (12 U.S.C., supp. V, sec. 1713(c)(2)), and inserting the word 'Alaska' in lieu thereof; '(c) by striking out the words 'the Territory of Alaska or in Guam' in section 214 (12 U.S.C., supp. V, sec. 1715d; 48 U.S.C., supp. V, sec. 484d), and inserting the words 'Alaska, Guam,' in lieu thereof; and '(d) striking out the words 'Territory' in the two places where it appears in section 806 (12 U.S.C., supp. V, sec. 1748e), and inserting the word 'State' in lieu thereof. 'Sec. 11. (Coast Guard; amendment.) Title 14, United States Code, section 634(b), is amended by striking out the words 'and for the territory of' in both places where they appear therein. 'Sec. 12. (Securities and Exchange Commission.) (a) Paragraph (6) of section 2 of the Securities Act of 1933, as amended (15 U.S.C. 77b(6)), is further amended by striking out the word 'Alaska,'. '(b) Paragraph (16) of section 3(a) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78c(a)(16)), is further amended by striking out the word 'Alaska,'. '(c) Paragraph (18) of section 202(a) of the Investment Advisers Act of 1940, as amended (15 U.S.C. 80b-2(a)(18)), is further amended by striking out the word 'Alaska,'. '(d) Paragraph (37) of section 2(a) of the Investment Company Act of 1940, as amended (15 U.S.C. 80a-2(a)(37)), is further amended by striking out the word 'Alaska,'. '(e) Paragraph (1) of section 6(a) of the Investment Company Act of 1940, as amended (15 U.S.C. 80a-6(a)(1)), is further amended by striking out the word 'Alaska,'. 'Sec. 13. (Soil Conservation.) (a) Section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C., supp. V, sec. 590h(b)), is further amended by inserting, immediately following the words 'continental United States', the words ', except in Alaska'. '(b) Section 17(a) of the Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590q(a)), is further amended by striking out the words 'the United States, the Territories of Alaska and Hawaii' and inserting in lieu thereof the words 'the States, the Territory of Hawaii', and by striking out the word 'Alaska' the second time it appears therein. 'Sec. 14. (Bald Eagles.) Section 1 of the Act of June 8, 1940 (16 U.S.C. 668), is amended by striking out the words 'except the Territory of Alaska,'. 'Sec. 15. (Wildlife restoration.) Section 8(a) of the Act of September 2, 1937, as amended (16 U.S.C., supp. V, sec. 669g-1), is further amended by striking out the words 'the Alaska Game Commission,', 'said Territory of Alaska',' 'not exceeding $75,000 for Alaska, and', and 'the Territory of Alaska,'. 'Sec. 16. (Fish restoration.) Section 12 of the Act of August 9, 1950, as amended (16 U.S.C., supp. V, sec. 777k), is further amended by striking out the words 'the Alaska Game Commission,', 'said Territory of Alaska,', 'not exceeding $75,000 for Alaska, and', and 'the Territory of Alaska,'. 'Sec. 17. (Criminal Code; amendments.) (a) Title 18, United States Code, section 5024, is amended by striking out the words 'other than Alaska' and inserting in lieu thereof the words 'including Alaska'. '(b) Section 6 of the Act of August 25, 1958 (72 Stat. 845, 847), is amended by striking out the words 'other than Alaska' and inserting in lieu thereof the words 'including Alaska'. '(c) Subsections (a) and (b) of this section shall be effective on July 7, 1961, or on the date of the Executive order referred to in section 18 of the Act of July 7, 1958 (72 Stat. 339, 350), providing for the admission of the State of Alaska into the Union, whichever occurs first. '(d) Title 18, United States Code, section 1385, is amended by deleting the last sentence thereof. 'Sec. 18. (Education.) (a)(1) Subsection (a) of section 103 of the National Defense Education Act of 1958 (72 Stat. 1580, 1582), relating to definition of State, is amended by striking out 'Alaska,' each time it appears. '(2) Paragraph (3)(B) of section 302(a) of such Act (72 Stat. 1580, 1588), relating to definition of continental United States for purposes of allotments for science, mathematics and modern foreign language instruction equipment, is amended by striking out 'does not include Alaska' and inserting in lieu thereof 'includes Alaska'. '(3) Section 1008 of such Act (72 Stat. 1580, 1605), relating to allotments to territories, is amended by striking out 'Alaska,'. '(b)(1) Section 4 of the Act of February 23, 1917 (20 U.S.C. 14), relating to allotments for teacher-training, is amended by striking out '$90,000' and inserting in lieu thereof '$98,500'. The proviso in the last paragraph of section 5 of such Act (20 U.S.C. 16) and so much of section 12 of such Act (20 U.S.C. 22) as follows the last semicolon shall not be applicable to Alaska prior to the third fiscal year which begins after the enactment of this Act. '(2) Paragraph (1) of section 2 of the Vocational Education Act of 1946 (20 U.S.C. 15i), relating to definition of States and Territories, is amended by striking out 'the Territories of Alaska and Hawaii' and inserting in lieu thereof 'the Territory of Hawaii'. '(3) Subsection (e) of section 210 (20 U.S.C., supp. V, sec. 15jj(e)), and subsection (a) of section 307 of such Act (72 Stat. 1580, 1600), relating to definition of State, are each amended by striking out 'Alaska,'. '(c) Paragraph (13) of section 15 of the Act of September 23, 1950, as amended (72 Stat. 548, 558), relating to definition of State, is amended by striking out 'Alaska,'. '(d)(1) The material in the parentheses in the first sentence of subsection (d) of section 3 of the Act of September 30, 1950, as amended, relating to determination of local contribution rate, is amended to read: '(other than a local educational agency in Hawaii, Puerto Rico, Wake Island, Guam, or the Virgin Islands, or in a State in which a substantial proportion of the land is in unorganized territory for which a State agency is the local educational agency)'. '(2) The fourth sentence of such subsection is amended by inserting '(including Alaska)' after 'continental United States' the first time it appears in such sentence. The fifth sentence of such subsection is amended by inserting '(including Alaska)' after 'continental United States' the second time it appears in such sentence. '(3) The last sentence of such subsection is amended by striking out 'Alaska,' and by inserting after 'the Virgin Islands,' the following: 'or in any State in which a substantial proportion of the land is in unorganized territory for which a State agency is the local educational agency,'. '(4) Paragraph (8) of section 9 of such Act (20 U.S.C., supp. V, sec. 244(8)), relating to definition of State, is amended by striking out 'Alaska,'. 'Sec. 19. (Importation of milk and cream.) Subsection (b) of section 9 of the Act of February 15, 1927 (21 U.S.C. 149(b)), is amended by inserting the words, ', including Alaska' immediately following the words 'continental United States'. 'Sec. 20. (Opium Poppy Control.) Section 12 of the Opium Poppy Control Act of 1942 (21 U.S.C. 188k) is amended by deleting therefrom the words 'the Territory of Alaska,'. 'Sec. 21. (Highways.) (a) The Secretary of Transportation shall transfer to the State of Alaska by appropriate conveyance without compensation, but upon such terms and conditions as he may deem desirable, all lands or interests in lands, including buildings and fixtures, all personal property, including machinery, office equipment, and supplies, and all records pertaining to roads in Alaska, which are owned, held, administered by, or used by the Secretary in connection with the activities of the Bureau of Public Roads in Alaska, (i) except such lands or interests in lands, including buildings and fixtures, personal property, including machinery, office equipment, and supplies, and records as the Secretary may determine are needed for the operations, activities, and functions of the Bureau of Public Roads in Alaska after such transfer, including services or functions performed pursuant to section 44 of this Act; and (ii) except such lands or interests in lands as he or the head of any other Federal agency may determine are needed for continued retention in Federal ownership for purposes other than or in addition to road purposes. '(b) Notwithstanding any other provision of this section, any contract entered into by the Federal Government in connection with the activities of the Bureau of Public Roads in Alaska which has not been completed on the date of the transfer provided under subsection (a) hereof may be completed according to the terms thereof. '(c)(1) The State of Alaska shall be responsible for the maintenance of roads, including bridges, tunnels, and ferries, transferred to it under subsection (a) of this section, as long as any such road is needed for highway purposes. '(2) Federal-aid funds apportioned to Alaska under title 23, United States Code, for fiscal year 1960 and prior fiscal years, and unobligated on the date of enactment of this Act, may be used for maintenance of highways on the Federal-aid systems in Alaska. '(d) Effective July 1, 1959, the following provisions of law are repealed: '(1) Title 23, United States Code, section 103(f); '(2) Title 23, United States Code, section 116(d); '(3) Title 23, United States Code, section 119; '(4) Title 23, United States Code, section 120(h), except that the portion of the first sentence thereof relating to the percentage of funds to be contributed by Alaska shall continue to apply to funds apportioned to Alaska for fiscal year 1960 and prior fiscal years; '(5) Sections 107(b) and (d) of the Federal-Aid Highway Act of 1956 (70 Stat. 374, 377, 378); '(6) Section 2 of the Act of January 27, 1905 (33 Stat. 616), as amended (48 U.S.C. 322 and the following); and '(7) The Act of June 30, 1932 (47 Stat. 446), as amended (48 U.S.C. 321(a) and the following). '(e) Effective on July 1, 1959, the following provisions of law are amended: '(1) The definition of the term 'State' in title 23, United States Code, section 101(a), is amended to read as follows: ' 'The term 'State' means any one of the forty-nine States, the District of Columbia, Hawaii, or Puerto Rico.'; '(2) Title 23, United States Code, section 104(b), is amended by deleting the phrase ', except that only one-third of the area of Alaska shall be included' where it appears in paragraphs (1) and (2) of said section 104(b); '(3) Title 23, United States Code, section 116(a), is amended by deleting the phrase 'Except as provided in subsection (d) of this section,' and by capitalizing the word 'it' immediately following such phrase; and '(4) Title 23, United States Code, section 120(a), is amended by deleting the phrase 'subsection (d) and (h)' and by inserting in lieu thereof the phrase 'subsection (d)'. '(f) Notwithstanding the limitation contained in subsection (f) of section 120 of Title 23, United States Code, the Secretary of Transportation is authorized to make expenditures from the emergency fund under section 125 of such title for the repair or reconstruction of highways on the Federal-aid highway systems of Alaska which have been damaged or destroyed by the 1964 earthquake and subsequent seismic waves, in accordance with the Federal share payable under subsection (a) of section 120 of such title. The increase in expenditures resulting from the difference between the Federal share authorized by this subsection and that authorized by subsection (f) of section 120 of such title shall be reimbursed to the emergency fund by an appropriation from the general fund of the Treasury: Provided, That such increase in expenditures shall not exceed $15,000,000 in the aggregate. (As amended Pub. L. 88-451, Sec. 3, Aug. 19, 1964, 78 Stat. 505; Pub. L. 97-449, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2439.) 'Sec. 22. (Internal Revenue.) (a) Section 2202 of the Internal Revenue Code of 1986 (relating to missionaries in foreign service), and sections 3121(e)(1), 3306(j), 4221(d)(4), and 4233(b) of such Code (each relating to a special definition of 'State') are amended by striking out 'Alaska,'. '(b) Section 4262(c)(1) of the Internal Revenue Code of 1986 (definition of 'continental United States') is amended to read as follows: ' '(1) Continental United States. - The term 'continental United States' means the District of Columbia and the States other than Alaska.' '(c) Section 4502(5) of the Internal Revenue Code of 1986 (relating to definition of 'United States') is amended by striking out 'the Territories of Hawaii and Alaska' and by inserting in lieu thereof 'the Territory of Hawaii'. '(d) Section 4774 of the Internal Revenue Code of 1986 (relating to territorial extent of law) is amended by striking out 'the Territory of Alaska,'. '(e) Section 7621(b) of the Internal Revenue Code of 1986 (relating to boundaries of internal revenue districts) is amended to read as follows: ' '(b) Boundaries. - For the purpose mentioned in subsection (a), the President may subdivide any State, Territory, or the District of Columbia, or may unite into one district two or more States or a Territory and one or more States.' '(f) Section 7653(d) of the Internal Revenue Code of 1986 is amended by striking out 'its Territories or possessions' and inserting in lieu thereof 'its possessions or the Territory of Hawaii'. '(g) Section 7701(a)(9) of the Internal Revenue Code of 1986 (relating to definition of 'United States') is amended by striking out 'the Territories of Alaska and Hawaii' and inserting in lieu thereof 'the Territory of Hawaii'. '(h) Section 7701(a)(10) of the Internal Revenue Code of 1986 (relating to definition of State) is amended by striking out 'Territories' and inserting in lieu thereof 'Territory of Hawaii'. '(i) The amendments contained in subsections (a) through (h) of this section shall be effective as of January 3, 1959. (As amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) 'Sec. 23. (Courts.) (a) The Judicial Conference of the United States, with the assistance of the Administrative Office of the United States Courts, shall conduct a study, including a field survey, of the Federal Judicial business arising in the State of Alaska with a view toward directing the United States Court of Appeals for the Ninth Circuit to hold such terms of court in Anchorage or such other Alaskan cities as may be necessary for the prompt and efficient administration of justice. '(b) Title 28, United States Code, section 81A, is amended by inserting the word 'Ketchikan,' immediately following the word 'Juneau,'. '(c) Such authority as has been exercised by the Attorney General heretofore, with regard to the Federal court system in Alaska, pursuant to section 30 of the Act of June 6, 1900 (48 U.S.C. 25), shall continue to be exercised by him after the court created by section 12(b) of the Act of July 7, 1958 (72 Stat. 339, 348) (set out above), providing for the admission of the State of Alaska into the Union, is established. '(d) All balances of public moneys received by the clerks of each division of the District Court for the Territory of Alaska pursuant to section 10 of the Act of June 6, 1900, as amended (48 U.S.C. 107), which are on hand after all payments ordered by that court and approved by the Administrative Office of the United States Courts shall have been made, shall be covered into the Treasury of the United States as required by law, and the Secretary of the Treasury shall pay the amounts so covered, which are hereby appropriated, to the State of Alaska. 'Sec. 24. (Vocational Rehabilitation Act; amendment.) (a) Subsection (g) of section 11 of the Vocational Rehabilitation Act (29 U.S.C., supp. V, sec. 41(g)), relating to definition of State, is amended by striking out 'Alaska,'. '(b)(1) Subsection (i) and paragraph (1) of subsection (h) of such section, relating to definition of allotment percentages and Federal shares for purposes of allotment and matching for vocational rehabilitation services, are each amended by striking out '(excluding Alaska)' and inserting in lieu thereof '(including Alaska)'. '(2) Paragraph (1) of such subsection (h) is further amended by striking out 'Alaska,'. '(3) Such subsection (i) is further amended by striking out 'Hawaii and Alaska' in clause (B) and inserting in lieu thereof 'Hawaii', 'Sec. 25. (Gold Reserve Act; amendment.) Section 15 of the Gold Reserve Act of 1934, as amended (31 U.S.C. 444), is further amended by striking out the words ', the District of Columbia, and the Territory of Alaska' and inserting in lieu thereof the words 'and the District of Columbia'. 'Sec. 26. (Silver Purchase Act; amendment.) Section 10 of the Silver Purchase Act of 1934 (31 U.S.C. 448b), is amended by striking out the words ', the District of Columbia, and the Territory of Alaska' and inserting in lieu thereof the words 'and the District of Columbia'. 'Sec. 27. (National Guard; amendment.) Title 32, United States Code, section 101(1), is amended by striking out the words 'Alaska, Hawaii,' and inserting in lieu thereof the word 'Hawaii'. 'Sec. 28. (Water Pollution Control Act; amendment.) (a) Paragraph (1) of section 5(h) of the Federal Water Pollution Control Act (33 U.S.C., supp. V, sec. 466d(h)(1)), relating to Federal share for purposes of matching for program operation, is amended by striking out '(excluding Alaska)' and inserting in lieu thereof '(including Alaska)' and by striking out, in clause (B), 'and Alaska'. '(b) Subsection (d) of section 11 of such Act (33 U.S.C., Supp. V, sec. 466j(d)), is amended by striking out 'Alaska,'. 'Sec. 29. (Veterans' Benefits; amendment.) (a) Title 38, United States Code, section 903(b), is amended by striking out the words ', or to the place of burial within Alaska if the deceased was a resident of Alaska who had been brought to the United States as a beneficiary of the Veterans' Administration for hospital or domiciliary care'; by inserting the word 'continental' immediately before the words 'United States' the second time they appear in such section; and by inserting, immediately following the words 'continental United States' in both places where they appear in such section, the parenthetical phrase '(including Alaska)'. '(b) Title 38, United States Code, section 2007(c), is amended by striking out the word 'Alaska,'. 'Sec. 30. (Federal Property and Administrative Services Act; amendment.) (a) Subsection (f) of section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(f)), is amended by striking out the words ', Hawaii, Alaska,' and inserting in lieu thereof the words '(including Alaska), Hawaii,'. '(b) Subsection (a) of section 702 of such Act (40 U.S.C., supp. V, sec. 522(a)), is amended by striking out the words 'Territories of Alaska and Hawaii' and inserting in lieu thereof the words 'Territory of Hawaii'. 'Sec. 31. (Public Health Service Act; amendment.) (a) Subsection (f) of section 2 of the Public Health Service Act (42 U.S.C. 201(f)), relating to definition of State, is amended by striking out 'Hawaii, Alaska,' and inserting in lieu thereof 'Hawaii,' and by striking out ', the District of Columbia, or Alaska' and inserting in lieu thereof 'or the District of Columbia'. '(b)(1) Effective July 1, 1959, section 371 of the Public Health Service Act, as added by the Alaska Mental Health Enabling Act (42 U.S.C., supp. V, sec. 273), is repealed. '(2) Subsection (a) of section 372 of such Act (42 U.S.C., supp. V, sec. 274(a)), is amended by striking out 'the Territory of'. '(3) Subsections (b), (c), and (e) of such section are each amended by striking out 'the Territory' each time it appears and inserting in lieu thereof 'Alaska'. '(4) Such subsection (e) is further amended by striking out 'the Territory's' and inserting in lieu thereof 'Alaska's'. '(c)(1) Subsection (a) of section 631 of such Act (42 U.S.C., supp. V, sec. 291i(a)), relating to definition of allotment percentage for purposes of allotments for construction, is amended by striking out '(excluding Alaska)' and inserting in lieu thereof '(including Alaska)' and by striking out 'for Alaska and Hawaii shall be 50 per centum each' in clause (2) and inserting in lieu thereof 'for Hawaii shall be 50 per centum'. '(2) Subsection (d) of such section, relating to definition of State, is amended by striking out 'Alaska,'. 'Sec. 32. (Social Security Act; amendment.) (a) Paragraph (8) of section 1101(a) of the Social Security Act (72 Stat. 1013, 1050), relating to definition of Federal percentage for purposes of matching for public assistance grants, is amended by striking out 'Alaska and' in clause (ii) of subparagraph (A) and by striking out '(excluding Alaska)' in subparagraphs (A) and (B) and inserting in lieu thereof '(including Alaska)'. '(b)(1) Subsection (a) of section 524 of the Social Security Act (72 Stat. 1013, 1054), relating to definition of allotment percentage for purposes of allotments for child welfare services, is amended by striking out '50 per centum in the case of Alaska and' in clause (B). '(2) Subsection (b) of such section, relating to definition of Federal share for purposes of matching for child welfare services, is amended by striking out '50 per centum in the case of Alaska and' in clause (2). '(3) Such subsections (a) and (b), and subsection (c) of such section, relating to promulgation of Federal shares and allotment percentages, are each amended by striking out '(excluding Alaska)' and inserting in lieu thereof '(including Alaska)'. '(c)(1) The last sentence of section 202(i) of the Social Security Act (42 U.S.C., supp. V, sec. 402(i)), is amended by striking out 'forty-eight' and inserting in lieu thereof 'forty-nine'. '(2) Subsections (h) and (i) of section 210 of such Act (42 U.S.C. 410(h), (i)), relating to definitions of State and United States for purposes of old-age, survivors, and disability insurance, are each amended by striking out 'Alaska,'. '(d)(1) Paragraph (1) of section 1101(a) of the Social Security Act (42 U.S.C., supp. V, sec. 1301(a)(1)), relating to definition of State, is amended by striking out 'Alaska, Hawaii,' and inserting in lieu thereof 'Hawaii'. '(2) Paragraph (2) of such section (42 U.S.C., 1301(a)(2)), relating to definition of United States, is amended by striking out 'Alaska,'. 'Sec. 33. (Congressional Record.) Section 73 of the Act of January 12, 1895, as amended (44 U.S.C., supp. V, sec. 183), is further amended by striking out the word 'Alaska,' (Repealed by Pub. L. 90-620, Sec. 3, Oct. 22, 1968, 82 Stat. 1310). 'Sec. 34. (Federal Register.) Section 8 of the Federal Register Act (44 U.S.C. 308) is amended by striking out the parenthetical phrase '(not including Alaska)' and inserting in lieu thereof the parenthetical phrase '(including Alaska)' (Repealed by Pub. L. 90-620, Sec. 3, Oct. 22, 1968, 82 Stat. 1310). 'Sec. 35. (Airports.) (a) The Administrator of the Federal Aviation Agency is authorized and directed to transfer to the State of Alaska by appropriate conveyance, and subject to such terms and conditions as he may deem appropriate, all the right, title, and interest of the United States in and to the public airports constructed and operated pursuant to the Act of May 28, 1948, as amended (48 U.S.C. 485 and the following), including all the land, buildings, structures, facilities, equipment, and other personal property appurtenant thereto and necessary for the operation thereof, except for such property, real or personal, as the Administrator may determine is needed for the performance of functions of the United States in Alaska after such transfer. Such transfer shall be without monetary consideration to the United States. '(b) Notwithstanding any other provisions of this section, any contract entered into by the Federal Aviation Agency in connection with its activities with respect to public airports constructed and operated pursuant to the Act of May 28, 1948, as amended (48 U.S.C. 485 and the following), which has not been completed by the date of enactment of this Act, may be completed according to the terms thereof. 'Sec. 36. (Selective Service.) Section 16(b) of the Universal Military Training and Service Act, as amended (50 U.S.C., app., sec. 466(b)), is further amended by striking out the word 'Alaska,'. 'Sec. 37. (Real property transactions.) Section 43(c) of the Act of August 10, 1956 (50 U.S.C. app., supp. V, sec. 2285(c)), is amended by striking out the word 'Alaska,'. 'Sec. 38. (Recreation facilities.) Section 2 of the Act of May 4, 1956 (70 Stat. 130), is hereby repealed. There are hereby authorized to be appropriated for the fiscal year ending June 30, 1960, such sums as may be necessary to complete the construction of facilities described in section 1 of such Act, as amended by the Act of August 30, 1957 (71 Stat. 510), if construction was begun prior to June 30, 1959, and to maintain the facilities pending their transfer pursuant to such section. 'Sec. 39. (Aircraft loan guarantees.) Section 3 of the Act of September 7, 1957 (71 Stat. 629), is amended by striking out the words 'Territory of Alaska' and inserting in lieu thereof the words 'State of Alaska'. 'Sec. 40. (Defense Base Act; amendment.) (a) Paragraphs (2) and (3) of section 1(a) of the Defense Base Act, as amended (55 Stat. 622; 42 U.S.C. 1651 and the following), are amended by striking out 'Alaska;' in the parenthetical phrase in each paragraph. '(b) Paragraph (6) of section 1(a) of that Act is amended by striking out 'or in Alaska or the Canal Zone'. '(c) Section 1(b) of that Act is amended by striking the period at the end of paragraph (3), inserting in lieu thereof a semicolon, and adding the following paragraph: ' '(4) the term 'continental United States' means the States and the District of Columbia.' 'Sec. 41. (Timber removal.) The Act of March 3, 1891 (26 Stat. 1093), as amended (16 U.S.C. 607), is further amended by deleting the words 'Territory of Alaska' and the words 'or Territory' where they there appear and by inserting the word 'Alaska,' after the words 'In the State of'. 'Sec. 42. (War Hazards Compensation Act; amendment.) (a) Paragraphs (2), (3), and (5) of section 101(a) of the War Hazards Compensation Act, as amended (56 Stat. 1028; 42 U.S.C. 1701 and the following), are amended by striking out 'or in Alaska or the Canal Zone'. '(b) Section 104 of that Act (42 U.S.C. 1704) is amended by adding the following new subsection at the end thereof: ' '(c) The provisions of this section shall not apply with respect to benefits on account of any injury or death occurring within any State.' '(c) Section 201 of that Act (42 U.S.C. 1711) is amended by adding the following new subsection at the end thereof: ' '(f) the term 'continental United States' means the States and the District of Columbia.' 'Sec. 43. (Buy American Act; amendment.) Section 1(b) of Title III of the Act of March 3, 1933 (41 U.S.C. 10c(b)), is amended by striking out the word 'Alaska,'. 'Sec. 44. (Transitional grants.) (a) In order to assist the State of Alaska in accomplishing an orderly transition from Territorial status to statehood, and in order to facilitate the assumption by the State of Alaska of responsibilities hitherto performed in Alaska by the Federal Government, there are hereby authorized to be appropriated to the President, for the purpose of making transitional grants to the State of Alaska, the sum of $10,500,000 for the fiscal year ending June 30, 1960; the sum of $6,000,000 for each of the fiscal years ending June 30, 1961, and June 30, 1962; the sum of $3,000,000 for each of the fiscal years ending June 30, 1963, and June 30, 1964; and the sum of $23,500,000 for the period ending June 30, 1966. '(b) The Governor of Alaska may submit to the President a request that a Federal agency continue to provide services or facilities in Alaska for an interim period, pending the provision of such services or facilities by the State of Alaska. Such interim period shall not extend beyond June 30, 1966. In the event of such request, and in the event of the approval thereof by the President, the President may allocate, at his discretion, to such agency the funds necessary to finance the provision of such services or facilities. Such funds shall be allocated from appropriations made pursuant to subsection (a) hereof, and the amount of such funds shall be deducted from the amount of grants available to the State of Alaska pursuant to such subsection. '(c) After the transfer or conveyance to the State of Alaska of any property or function pursuant to the Act of July 7, 1958 (72 Stat. 339) (set out as a note above), providing for the admission of the State of Alaska into the Union, or pursuant to this Act or any other law, and until June 30, 1966, the head of the Federal agency having administrative jurisdiction of such property prior to its transfer or conveyance may contract with the State of Alaska for the performance by such agency, on a reimbursable basis, of some or all of the functions authorized to be performed by it in Alaska immediately preceding such conveyance or transfer. (As amended Pub. L. 88-311, Sec. 1, 2, May 27, 1964, 78 Stat. 201.) 'Sec. 45. (Transfer of property.) (a) If the President determines that any function performed by the Federal Government in Alaska has been terminated or curtailed by the Federal Government and that performance of such function or substantially the same function has been or will be assumed by the State of Alaska, the President may, until July 1, 1966, in his discretion, transfer and convey to the State of Alaska, without reimbursement, any property or interest in property, real or personal, situated in Alaska which is owned or held by the United States in connection with such function, the assumption of which function is pursuant to this Act or the Act of July 7, 1958 (72 Stat. 339) (set out as a note above). '(b) Structures and improvements of block 32 of the city of Juneau granted to the State of Alaska by section 6(c) of the Act providing for the admission of Alaska into the Union (72 Stat. 339, 340), shall include all furnishings and equipment in the structure known as the Governor's mansion, or used in the operation or maintenance thereof. (As amended Pub. L. 88-311, Sec. 2, May 27, 1964, 78 Stat. 201.) 'Sec. 46. (Claims Commission.) (a) In the event that any disputes arise between the United States and the State of Alaska prior to January 1, 1965, concerning the transfer, conveyance, or other disposal of property to the State of Alaska pursuant to section 6(e) of the Act of July 7, 1958 (72 Stat. 339, 340) (set out as a note above), providing for the admission of the State of Alaska into the Union, or pursuant to this Act, the President is authorized (1) to appoint by and with the advice and consent of the Senate a temporary commission of three persons, to consider, ascertain, adjust, determine, and settle such disputes, and (2) to make such rules and regulations as may be necessary to establish such temporary commission or as may be necessary to terminate such temporary commision at the conclusion of its duties. In carrying out its duties under this section, such commission may hold such hearings, take such testimony, sit and act at such times and places, and incur such expenditures as the commission deems necessary. No commission shall be appointed under authority of this subsection after June 30, 1965. '(b) The commission may, without regard to the civil service laws and the Classification Act of 1949, employ and fix the compensation of such employees as it deems necessary to carry out its duties under this section. The commission is authorized to use the facilities, information, and personnel of the departments, agencies, and establishments of the executive branch of the United States Government which it deems necessary to carry out its duties; and each such department, agency, and instrumentality is authorized to furnish such facilities, information, and personnel to the commission upon request made by the commission. The commission shall reimburse each such department, agency, or instrumentality for the services of any personnel utilized. The commission may establish such procedures, rules, and regulations as may be necessary to carry out its duties under this section. '(c) No member of such commission shall be an officer or employee of the United States or of the State of Alaska. Any commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the commission shall not impair the right of the remaining commissioners to exercise all the powers of the commission. Each member of the commission shall be paid compensation at the rate of $50 per day for each day spent in the work of the commission, shall be reimbursed for actual and necessary travel expenses, and shall receive a per diem allowance in accordance with the provisions of the Travel Expense Act of 1949, as amended, when away from his usual place of residence. '(d) There are hereby authorized to be appropriated such sums as may be necessary to enable the commission to perform its duties under this section. 'Sec. 47. (Effective dates.) (a) The amendments made by paragraph (2) of subsection (a) of section 18, by subsection (a) of section 28, by paragraph (1) of subsection (c) of section 31, by subsections (a) and (b) of section 32, and, except as provided in subsection (c) of this section, by subsection (b) of section 24, shall be applicable in the case of promulgations of Federal shares, allotment percentages, allotment ratios, and Federal percentages, as the case may be, made after satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska, and for this purpose such promulgations shall, before such data for the full period required by the applicable statutory provision as so amended are available from the Department of Commerce, be based on satisfactory data available from such Department for such one full year or, when such data for a two-year period are available, for such two years. '(b) The amendments made by paragraphs (1) and (3) of subsection (a) of section 18 shall be applicable, in the case of allotments under section 302(b) or 502 of the National Defense Education Act of 1958 (20 U.S.C. 442(b) or 482), for fiscal years beginning July 1, 1959, and in the case of allotments under section 302(a) of such Act, in the case of allotments based on allotment ratios, promulgated under such section 302(a), to which the amendment made by paragraph (2) of subsection (a) of section 18 of this Act is applicable. '(c) (Repealed. Pub. L. 86-624, Sec. 47(g)(4), July 12, 1960, 74 Stat. 424.) '(d) The amendments made by paragraphs (2) and (3) of subsection (b), by subsection (c), and by paragraph (4) of subsection (d) of section 18; by subsection (a) of section 24; by subsection (b) of section 28; by subsection (a), by subparagraphs (2), (3), and (4) of subsection (b), and by paragraph (2) of subsection (c) of section 31; by paragraph (2) of subsection (c) and by subsection (d) of section 32; and, except as provided in subsection (b) of this section by paragraph (1) of subsection (a) of section 18, shall be effective on January 3, 1959. '(e) The amendment made by paragraph (1) of subsection (c) of section 32 shall apply in the case of deaths occurring on or after January 3, 1959. '(f) The amendments made by paragraph (1) of subsection (b) and paragraphs (1), (2), and (3) of subsection (d) of section 18 shall be applicable for fiscal years beginning July 1, 1959. '(g) The amendments in sections 40 and 42 shall take effect when enacted: Provided, however, That with respect to injuries or deaths occurring on or after January 3, 1959, and prior to the effective date of these amendments, claims filed by employees engaged in the State of Alaska in any of the employments covered by the Defense Base Act (42 U.S.C. 1651 et seq.) (and their dependents) may be adjudicated under the Workmen's Compensation Act of Alaska instead of the Defense Base Act. (As amended Pub. L. 86-624, Sec. 47(g)(4), July 12, 1960, 74 Stat. 424.) 'Sec. 48. (Definition of 'Continental United States'.) Whenever the phrase 'continental United States' is used in any law of the United States enacted after the date of enactment of this Act, it shall mean the 49 States on the North American Continent and the District of Columbia, unless otherwise expressly provided. 'Sec. 49. (Other subjects.) The amendment by this Act of certain statutes by deleting therefrom specific references to Alaska or such phrases as 'Territory of Alaska' shall not be construed to affect the applicability or inapplicability in or to Alaska of other statutes not so amended. 'Sec. 50. (Separability.) If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. 'Sec. 51. (New Federal Loan Adjustments.) (a) The Secretary of Agriculture is authorized to compromise or release such portion of a borrower's indebtedness under programs administered by the Farmers Home Administration in Alaska as he finds necessary because of loss resulting from the 1964 earthquake and subsequent seismic waves, and he may refinance outstanding indebtedness of applicants in Alaska for loans under section 502 of the Housing Act of 1949 (42 U.S.C. 1472) for the repair, reconstruction, or replacement of dwellings or farm buildings lost, destroyed, or damaged by such causes and securing such outstanding indebtedness. Such loans may also provide for the purchase of building sites, when the original sites cannot be utilized. '(b) The Secretary of Agriculture is authorized to compromise or release such portion of a borrower's indebtedness under programs administered by the Rural Electrification Administration in Alaska as he finds necessary because of loss, destruction, or damage of property resulting from the 1964 earthquake and subsequent seismic waves. (Added Pub. L. 88-451, Sec. 4, Aug. 19, 1964, 78 Stat. 505.) 'Sec. 52. (Compromise or Release of Notes or Other Obligations.) The Secretary of Housing and Urban Development is authorized to compromise or release such portion of any note or other obligation held by him with respect to property in Alaska pursuant to Title II of the Housing Amendments of 1955 (42 U.S.C. 1491-1497) or included within the revolving fund for liquidating programs established by the Independent Offices Appropriation Act of 1955, as he finds necessary because of loss, destruction, or damage to facilities securing such obligations by the 1964 earthquake and subsequent seismic waves. (Added Pub. L. 88-451, Sec. 4, Aug. 19, 1964, 78 Stat. 506, and amended Pub. L. 90-19, Sec. 15(a), May 25, 1967, 81 Stat. 24.) 'Sec. 53. (Urban Renewal.) The Secretary of Housing and Urban Development is authorized to enter into contracts for grants not exceeding $25,000,000 for urban renewal projects in Alaska, including open land projects, under section 111 of the Housing Act of 1949 (42 U.S.C. 1462), which he determines will aid the communities in which they are located in reconstruction and redevelopment made necessary by the 1964 earthquake and subsequent seismic waves. Such authorization shall be in addition to and separate from any grant authorization contained in section 103(b) of said Act (42 U.S.C. 1453(b)). 'The Secretary may increase the capital grant for a project assisted under this section to not more than 90 per centum of net project cost where he determines that a major portion of the project area has either been rendered unusable as a result of the 1964 earthquake and subsequent seismic waves or is needed in order adequately to provide, in accordance with the urban renewal plan for the project, new locations for persons, businesses, and facilities displaced by the earthquake. (Added Pub. L. 88-451, Sec. 4, Aug. 19, 1964, 78 Stat. 506, and amended Pub. L. 90-19, Sec. 15, May 25, 1967, 81 Stat. 24.) 'Sec. 54. (Extension of Term of Home Disaster Loans.) Loans made pursuant to paragraph (1) of section 7(b) of the Small Business Act (72 Stat. 387), as amended (15 U.S.C. 636(b)), for the purpose of replacing, reconstructing, or repairing dwellings in Alaska damaged or destroyed by the 1964 earthquake and subsequent seismic waves, may have a maturity of up to thirty years: Provided, That the provisions of section 7(c) of said Act (15 U.S.C. 636(c)) shall not be applicable to such loans. (Added Pub. L. 88-451, Sec. 4, Aug. 19, 1964, 78 Stat. 506.) 'Sec. 55. (Modification of Civil Works Projects.) The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to make such modifications to previously authorized civil works projects in Alaska adversely affected by the 1964 earthquake and subsequent seismic waves as he finds necessary to meet changed conditions and to provide for current and reasonably prospective requirements of the communities they serve, at an estimated cost of $10,000,000. (Added Pub. L. 88-451, Sec. 4, Aug. 19, 1964, 78 Stat. 506.) 'Sec. 56. (Purchase of Alaska State Bonds.) The Secretary of Housing and Urban Development is authorized to purchase, in accordance with the provisions of sections 202(b), 203, and 204 of Title II of the Housing Amendments of 1955 (42 U.S.C. 1492(b), 1493, and 1494), the securities and obligations of, or make loans to, the State of Alaska to finance any part of the programs needed to carry out the reconstruction activities in Alaska related to the 1964 earthquake and subsequent seismic waves or to complete capital improvements begun prior to the earthquake: Provided, That the aggregate amount of such purchase or loan shall not exceed $25,000,000. (Added Pub. L. 88-451, Sec. 4, Aug. 19, 1964, 78 Stat. 506, and amended Pub. L. 90-19, Sec. 15(a), May 25, 1967, 81 Stat. 24.) 'Sec. 57. (Retirement or Adjustment of Outstanding Mortgage Obligation.) For the purpose of enabling the State of Alaska to retire or adjust outstanding home mortgage obligations or other real property liens secured by one to four family homes which were severely damaged or destroyed in the March 1964 earthquake and subsequent seismic waves, the President is authorized to make additional grants to the State of Alaska in an amount not to exceed a total of $5,500,000 to match, on a fifty-fifty basis, any funds provided by the State to pay the costs of retiring or adjusting such mortgage obligations. In order to be approved, a State application for a grant for carrying out the purpose of this section must: (1) be in accordance with a plan submitted by the State, to be approved by the President, for the implementation of the purpose of this section; (2) designate the State agency for retiring or adjusting said mortgage obligations; (3) provide that the mortgagor shall be required to absorb the damage loss to the entire extent of his equity interest in the property and also agree to pay at least $1,000 of the outstanding mortgage balance; (4) provide that no payments for retiring or adjusting mortgage obligations on a single property shall exceed $30,000; (5) provide regulations to assure equitable treatment among home owners and to prevent unjustified payments or gains to the State, mortgagees or mortgagors; and (6) provide that the State agency will make such reports, in such form and containing such information as the President may from time to time require, and give the President, upon demand, access to the records on which such reports are based.' (Added Pub. L. 88-451, Sec. 4, Aug. 19, 1964, 78 Stat. 507.) ASSISTANCE TO ALASKA FOR RECONSTRUCTION OF AREAS DAMAGED BY EARTHQUAKE Pub. L. 88-451, Aug. 19, 1964, 78 Stat. 505, as amended, provided: '(Section 1. Short Title.) That this Act may be cited as the '1964 Amendments to the Alaska Omnibus Act.' 'Sec. 2. (Congressional Declaration.) The Congress hereby recognizes that the State of Alaska has experienced extensive property loss and damage as a result of the earthquake of March 27, 1964, and subsequent seismic waves, and declares the need for special measures designed to aid and accelerate the State's efforts in providing for the reconstruction of the areas in the State devastated by this natural disaster. 'Sec. 3. (This section added subsec. (f) to section 21 of the Alaska Omnibus Act, Pub. L. 86-70, June 25, 1959, 73 Stat. 141, set out as a note above.) 'Sec. 4. (This section added sections 51 to 57 to the Alaska Omnibus Act, Pub. L. 86-70, June 25, 1959, 73 Stat. 141, set out as a note above.) 'Sec. 5. (Authorization of Appropriations.) There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, which shall be available for obligation until June 30, 1967, except that any sums so appropriated to carry out section 53 of the Alaska Omnibus Act (set out as a note above) shall be available after such date for obligation in connection with one or more of the following urban renewal projects authorized for execution prior to June 30, 1967; Alaska R-8, Westchester; Alaska R-19, Kodiak; Alaska R-20, downtown Anchorage; Alaska R-21, Seward; Alaska R-22, Valdez; Alaska R-25, Mineral Creek; Alaska R-26, Seldovia; Alaska R-28, Cordova. There is also authorized to be appropriated such sums as may be necessary for the expenses of such advisory commissions or committees as the President may establish in connection with the reconstruction and development planning of the State of Alaska. The total amount authorized to be appropriated pursuant to this section shall not exceed $55,650,000. (As amended Pub. L. 91-367, Sec. 1, July 31, 1970, 84 Stat. 691.) 'Sec. 6. (Termination Date.) The authority contained in this Act shall expire on June 30, 1967, except that such expiration shall not affect - '(1) the authority conferred by section 53 of the Alaska Omnibus Act (set out as a note above) until the completion of the following urban renewal projects authorized for execution prior to June 30, 1967: Alaska R-8, Westchester; Alaska R-19, Kodiak; Alaska R-20, downtown Anchorage; Alaska R-21, Seward; Alaska R-22, Valdez; Alaska R-25, Mineral Creek; Alaska R-26, Seldovia; Alaska R-28, Cordova; or '(2) the payment of expenditures for any obligation or commitment entered into under this Act prior to June 30, 1967. (As amended Pub. L. 91-367, Sec. 2, July 31, 1970, 84 Stat. 691.) 'Sec. 7. (Report to the Congress.) The President shall report semiannually during the term of this Act to the President of the Senate and the Speaker of the House on the actions taken under this Act by the various Federal agencies. The first such report shall be submitted not later than February 1, 1965, and shall cover the period ending December 31, 1964.' -TRANS- DELEGATION OF FUNCTIONS Ex. Ord. No. 11230, under which the functions of the President under sections 44(a) and 45(a) of the Alaska Omnibus Act of June 25, 1959, set out above, were delegated to the Director of the Bureau of the Budget (now the Director of Management and Budget), was superseded by Ex. Ord. No. 11609, eff. July 22, 1971, 36 F.R. 13747, set out under section 301 of Title 3. -MISC5- UNITED STATES DISTRICT COURT OF ALASKA Readiness of United States District Court for District of Alaska to assume functions imposed upon it, see Ex. Ord. No. 10867, eff. Feb. 20, 1960, 25 F.R. 1584, set out under section 81A of Title 28, Judiciary and Judicial Procedure. -EXEC- PROC. NO. 3269. ADMISSION OF THE STATE OF ALASKA INTO THE UNION Proc. No. 3269, eff. Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, provided: WHEREAS the Congress of the United States by the act approved on July 7, 1958 (72 Stat. 339) (set out as a note above), accepted, ratified, and confirmed the constitution adopted by a vote of the people of Alaska in an election held on April 24, 1956, and provided for the admission of the State of Alaska into the Union on an equal footing with the other States of the Union upon compliance with certain procedural requirements specified in that act; and WHEREAS it appears from information before me that a majority of the legal votes cast at an election held on August 26, 1958, were in favor of each of the propositions required to be submitted to the people of Alaska by section 8(b) of the Act of July 7, 1958 (set out as a note above); and WHEREAS it further appears from information before me that a general election was held on November 25, 1958, and that the returns of the general election were made and certified as provided in the act of July 7, 1958; and WHEREAS the Acting Governor of Alaska has certified to me the results of the submission to the people of Alaska of the three propositions set forth in section 8(b) of the act of July 7, 1958 (set out as a note above), and the results of the general election; and WHEREAS I find and announce that the people of Alaska have duly adopted the propositions required to be submitted to them by the act of July 7, 1958 (set out as a note above), and have duly elected the officers required to be elected by that act: NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do hereby declare and proclaim that the procedural requirements imposed by the Congress on the State of Alaska to entitle that State to admission into the Union have been complied with in all respects and that admission of the State of Alaska into the Union on an equal footing with the other States of the Union is now accomplished. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington at one minute past noon on this third day of January in the year of our Lord nineteen hundred and fifty-nine, and of the Independence of the United States of America the one hundred and eighty-third. Dwight D. Eisenhower. (seal) EX. ORD. NO. 10857. TERMINATION OF FEDERAL FUNCTIONS IN ALASKA AND TRANSFER OF PROPERTY HELD BY UNITED STATES Ex. Ord. No. 10857, eff. Dec. 29, 1959, 25 F.R. 33, provided: WHEREAS section 6(e) of the act of July 7, 1958, 72 Stat. 339, as amended (set out as a note above), provides that the administration and management of the fish and wildlife resources of Alaska shall be transferred to the State of Alaska on the first day of the first calendar year following the expiration of ninety calendar days after the Secretary of the Interior certifies to the Congress that the Alaska State Legislature has made adequate provision for the administration, management, and conservation of such resources in the broad national interest; and WHEREAS the Secretary of the Interior made such certification to the Congress on April 27, 1959; and WHEREAS section 45(a) of the Alaska Omnibus Act (73 Stat. 152) (set out as a note above) provides that if the President determines that any function performed by the Federal Government in Alaska has been terminated by the Federal Government and that performance of such function or substantially the same function has been or will be assumed by the State of Alaska, the President may, until July 1, 1964, in his discretion, transfer and convey to the State of Alaska, without reimbursement, any property or interest in property, real or personal, situated in Alaska which is owned or held by the United States in connection with such function; and WHEREAS it appears that it would be in the public interest to delegate to the Secretary of the Interior, to the extent hereinafter indicated, the authority vested in the President by section 45(a) of the Alaska Omnibus Act: NOW, THEREFORE, by virtue of the authority vested in me by section 45(a) of the Alaska Omnibus Act (73 Stat. 152) and section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: Section 1. It is hereby determined that the functions performed by the United States in Alaska pursuant to the Alaska game law of July 1, 1943, 57 Stat. 301 (sections 192, 193, and 195 to 211 of this title), the act of June 26, 1906, 34 Stat. 478, the act of June 6, 1924, 43 Stat. 465, and the acts amending or supplementing such acts, will terminate on December 31, 1959, and that the same functions or substantially the same functions will be assumed by the State of Alaska. Sec. 2. There is hereby delegated to the Secretary of the Interior, effective January 1, 1960, the authority vested in the President by section 45(a) of the Alaska Omnibus Act to transfer and convey to the State of Alaska, without reimbursement, any property or interest in property, real or personal, situated in Alaska which is owned or held by the United States in connection with the functions described in section 1 hereof. Sec. 3. The Secretary of the Interior is hereby authorized to redelegate to (1) the Assistant Secretary for Fish and Wildlife, (2) the Commissioner of Fish and Wildlife, (3) the Directors of the Bureaus of Commercial Fisheries and Sport Fisheries and Wildlife, and (4) the Regional Directors, Alaska Region, of the Bureaus of Commercial Fisheries and Sport Fisheries and Wildlife all or any part of the authority delegated to the Secretary of the Interior by section 2 hereof. Sec. 4. All transfers and conveyances made under or pursuant to this order shall be made in accordance with such policies, conditions, and procedures as may be prescribed by the Secretary of the Interior. Dwight D. Eisenhower. ------DocID 54703 Document 1387 of 1400------ -CITE- 48 USC Sec. 1424-2 -EXPCITE- TITLE 48 CHAPTER 8A SUBCHAPTER IV -HEAD- Sec. 1424-2. Relations between courts of United States and courts of Guam; review by United States Court of Appeals for Ninth Circuit; reports to Congress; rules -STATUTE- The relations between the courts established by the Constitution or laws of the United States and the local courts of Guam with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings: Provided, That for the first fifteen years following the establishment of the appellate court authorized by section 1424-1(a) of this title, the United States Court of Appeals for the Ninth Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of Guam from which a decision could be had. The Judicial Council of the Ninth Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives at intervals of five years following the establishment of such appellate court as to whether it has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all such final decisions. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Probably should be 'section.' -SOURCE- (Aug. 1, 1950, ch. 512, Sec. 22B, as added Oct. 5, 1984, Pub. L. 98-454, title VIII, Sec. 801, 98 Stat. 1742.) -MISC1- EFFECTIVE DATE Section effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as an Effective Date of 1984 Amendment note under section 1424 of this title. ------DocID 55211 Document 1388 of 1400------ -CITE- 49 USC APPENDIX - TRANSPORTATION Sec. 2 -EXPCITE- TITLE 49, APPENDIX CHAPTER 1 -HEAD- Sec. 2. Repealed. Pub. L. 95-473, Sec. 4(b), (c), Oct. 17, 1978, 92 Stat. 1466, 1470 -MISC1- Section repealed subject to an exception related to transportation of oil by pipeline. For disposition of this section in revised Title 49, Transportation, see Table at beginning of Title 49. See, also, notes following Table. Prior to repeal, section read as follows: Sec. 2. Special rates and rebates prohibited If any common carrier subject to the provisions of this chapter shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered or to be rendered, in the transportation of passengers or property, subject to the provisions of this chapter, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is prohibited and declared to be unlawful. (Feb. 4, 1887, ch. 104, pt. I, Sec. 2, 24 Stat. 379; Feb. 28, 1920, ch. 91, Sec. 404, 41 Stat. 479; June 19, 1934, ch. 652, Sec. 602(b), 48 Stat. 1102; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543.) ------DocID 55250 Document 1389 of 1400------ -CITE- 49 USC APPENDIX - TRANSPORTATION CHAPTER 2 -EXPCITE- TITLE 49, APPENDIX CHAPTER 2 -HEAD- CHAPTER 2 - LEGISLATION SUPPLEMENTARY TO 'INTERSTATE COMMERCE ACT' ------DocID 55629 Document 1390 of 1400------ -CITE- 49 USC APPENDIX - TRANSPORTATION Sec. 1607a-2 -EXPCITE- TITLE 49, APPENDIX CHAPTER 21 -HEAD- Sec. 1607a-2. Mass transit account block grants -STATUTE- (a) Apportionment and administration The amount made available by subsections (b) and (c) of section 1617 of this Appendix to carry out this section shall be made available in accordance with the provisions of subsections (a) through (j), (m), and (n) of section 1607a of this Appendix. (b) Availability for construction projects Grants under this section shall be available only for the purpose of construction projects (including capital maintenance items) and shall be subject to the limitations contained in section 1607a(k) of this Appendix applicable to such projects. (c) Use of unobligated amounts Sums apportioned under this section shall be available for obligation by the recipient for a period of 3 years following the close of the fiscal year for which such sums are apportioned. Any amounts so apportioned remaining unobligated at the end of such period shall be added to the amount available for apportionment under this section for the succeeding fiscal year not later than 30 days after the end of such period. -SOURCE- (Pub. L. 88-365, Sec. 9B, as added Pub. L. 100-17, title III, Sec. 313, Apr. 2, 1987, 101 Stat. 229.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1617 of this Appendix. ------DocID 55942 Document 1391 of 1400------ -CITE- 50 USC Sec. 2 -EXPCITE- TITLE 50 CHAPTER 1 -HEAD- Sec. 2. Advisory commission -STATUTE- The Council of National Defense shall nominate to the President, and the President shall appoint, an advisory commission, consisting of not more than seven persons, each of whom shall have special knowledge of some industry, public utility, or the development of some natural resource, or be otherwise specially qualified, in the opinion of the council, for the performance of the duties hereinafter provided. The members of the advisory commission shall serve without compensation, but shall be allowed actual expenses of travel and subsistence when attending meetings of the commission or engaged in investigations pertaining to its activities. The advisory commission shall hold such meetings as shall be called by the council or be provided by the rules and regulations adopted by the council for the conduct of its work. -SOURCE- (Aug. 29, 1916, ch. 418, Sec. 2, 39 Stat. 649.) -MISC1- TERMINATION OF ADVISORY COMMISSIONS Advisory commissions 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 commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 55947 Document 1392 of 1400------ -CITE- 50 USC CHAPTER 2 -EXPCITE- TITLE 50 CHAPTER 2 -HEAD- CHAPTER 2 - BOARD OF ORDNANCE AND FORTIFICATION ------DocID 55999 Document 1393 of 1400------ -CITE- 50 USC Sec. 98h-2 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98h-2. Reports to Congress -STATUTE- (a) The President shall submit to the Congress every six months a written report detailing operations under this subchapter. Each such report shall include - (1) information with respect to foreign and domestic purchases of materials during the preceding six-month period; (2) information with respect to the acquisition and disposal of materials under this subchapter by barter, as provided for in section 98e(c) of this title, during such period; (3) information with respect to the activities by the Stockpile Manager to encourage the conservation, substitution, and development of strategic and critical materials within the United States; (4) information with respect to the research and development activities conducted under sections 98a and 98g of this title; (5) a statement and explanation of the financial status of the National Defense Stockpile Transaction Fund and the anticipated appropriations to be made to the fund, and obligations to be made from the fund, during the next fiscal year; and (6) such other pertinent information on the administration of this subchapter as will enable the Congress to evaluate the effectiveness of the program provided for under this subchapter and to determine the need for additional legislation. (b) Not later than February 15 of each year, the President shall submit to the appropriate committees of the Congress a report containing an annual materials plan for the operation of the stockpile during the next fiscal year and the succeeding four fiscal years. Each such report shall include details of all planned expenditures from the National Defense Stockpile Transaction Fund during such period (including expenditures to be made from appropriations from the general fund of the Treasury) and of anticipated receipts from proposed disposals of stockpile materials during such period. Any proposed expenditure or disposal detailed in the annual materials plan for any such fiscal year, and any expenditure or disposal proposed in connection with any transaction submitted for such fiscal year to the appropriate committees of Congress pursuant to section 98d(a)(2) of this title, that is not obligated or executed in that fiscal year may not be obligated or executed until such proposed expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appropriate committees of Congress in accordance with section 98d(a)(2) of this title, as appropriate. -SOURCE- (June 7, 1939, ch. 190, Sec. 11, as added July 30, 1979, Pub. L. 96-41, Sec. 2(a), 93 Stat. 324, and amended Aug. 13, 1981, Pub. L. 97-35, title II, Sec. 203(e), 95 Stat. 382; Nov. 14, 1986, Pub. L. 99-661, div. C, title II, Sec. 3207(a)(3), 100 Stat. 4069; Dec. 4, 1987, Pub. L. 100-180, div. C, title II, Sec. 3205, 101 Stat. 1247; Sept. 29, 1988, Pub. L. 100-456, div. A, title XV, Sec. 1503, 102 Stat. 2086; Nov. 29, 1989, Pub. L. 101-189, div. C, title XXXIII, Sec. 3315, 103 Stat. 1688.) -MISC1- PRIOR PROVISIONS A prior section 11 of act June 7, 1939, ch. 190, formerly Sec. 10, as added July 23, 1946, ch. 590, 60 Stat. 596, and renumbered Pub. L. 92-156, title V, Sec. 503(1), Nov. 17, 1971, 85 Stat. 427, which was set out as a Short Title note under section 98 of this title, was repealed by section 2(b)(2) of Pub. L. 96-41. Provisions similar to those comprising this section were contained in former section 98c of this title prior to repeal of that section by Pub. L. 96-41. AMENDMENTS 1989 - Subsec. (a)(5). Pub. L. 101-189 substituted 'made to the fund, and obligations to be made from the fund,' for 'made from the fund'. 1988 - Subsec. (a)(3) to (6). Pub. L. 100-456, Sec. 1503(a), added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively. Subsec. (b). Pub. L. 100-456, Sec. 1503(b), substituted 'the next fiscal year' for 'such fiscal year' and 'all planned expenditures from the National Defense Stockpile Transaction Fund' for 'planned expenditures for acquisition of strategic and critical materials' and inserted at end 'Any proposed expenditure or disposal detailed in the annual materials plan for any such fiscal year, and any expenditure or disposal proposed in connection with any transaction submitted for such fiscal year to the appropriate committees of Congress pursuant to section 98d(a)(2) of this title, that is not obligated or executed in that fiscal year may not be obligated or executed until such proposed expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appropriate committees of Congress in accordance with section 98d(a)(2) of this title, as appropriate.' 1987 - Subsec. (b). Pub. L. 100-180 substituted 'Not later than February 15 of each year, the President' for 'The President' and struck out 'each year, at the time that the Budget is submitted to Congress pursuant to section 1105 of title 31 for the next fiscal year,' after 'Congress'. 1986 - Subsec. (b). Pub. L. 99-661 substituted 'each year, at the time that the Budget is submitted to Congress pursuant to section 1105 of title 31 for the next fiscal year,' for each year with the Budget submitted to Congress pursuant to section 201a of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a)), for the next fiscal year'. 1981 - Pub. L. 97-35 designated existing provisions as subsec. (a) and added subsec. (b). -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98b, 98d, 98h-5, 98h-6 of this title. ------DocID 56366 Document 1394 of 1400------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 2 -EXPCITE- TITLE 50 APPENDIX TRADING WITH THE ENEMY ACT OF 1917 ACT OCT -HEAD- Sec. 2. Definitions -STATUTE- The word 'enemy,' as used herein, shall be deemed to mean, for the purposes of such trading and of this Act (sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix) - (a) Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory of any nation with which the United States is at war or incorporated within any country other than the United States and doing business within such territory. (b) The government of any nation with which the United States is at war, or any political or municipal subdivision thereof, or any officer, official, agent, or agency thereof. (c) Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term 'enemy.' The words 'ally of enemy,' as used herein, shall be deemed to mean - (a) Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation which is an ally of a nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory of such ally nation, or incorporated within any country other than the United States and doing business within such territory. (b) The government of any nation which is an ally of a nation with which the United States is at war, or any political or municipal subdivision of such ally nation, or any officer, official, agent, or agency thereof. (c) Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation which is an ally of a nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term 'ally of enemy.' The word 'person,' as used herein, shall be deemed to mean an individual, partnership, association, company, or other unincorporated body of individuals, or corporation or body politic. The words 'United States,' as used herein, shall be deemed to mean all land and water, continental or insular, in any way within the jurisdiction of the United States or occupied by the military or naval forces thereof. The words 'the beginning of the war,' as used herein, shall be deemed to mean midnight ending the day on which Congress has declared or shall declare war or the existence of a state of war. The words 'end of the war,' as used herein, shall be deemed to mean the date of proclamation of exchange of ratifications of the treaty of peace, unless the President shall, by proclamation, declare a prior date, in which case the date so proclaimed shall be deemed to be the 'end of the war' within the meaning of this Act (sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix). The words 'bank or banks,' as used herein, shall be deemed to mean and include national banks, State banks, trust companies, or other banks or banking associations doing business under the laws of the United States, or of any State of the United States. The words 'to trade,' as used herein, shall be deemed to mean - (a) Pay, satisfy, compromise, or give security for the payment or satisfaction of any debt or obligation. (b) Draw, accept, pay, present for acceptance or payment, or indorse any negotiable instrument or chose in action. (c) Enter into, carry on, complete, or perform any contract, agreement, or obligation. (d) Buy or sell, loan or extend credit, trade in, deal with, exchange, transmit, transfer, assign, or otherwise dispose of, or receive any form of property. (e) To have any form of business or commercial communication or intercourse with. -SOURCE- (Oct. 6, 1917, ch. 106, Sec. 2, 40 Stat. 411.) -MISC1- WORLD WAR I PROCLAMATIONS ENUMERATING ENEMIES The following Presidential Proclamations issued during World War I declared the partnerships and persons enumerated therein to be 'enemies': Proc. Feb. 5, 1918, 40 Stat. 1745. Proc. May 31, 1918, 40 Stat. 1786. Proc. Aug. 10, 1918, 40 Stat. 1833. Proc. Aug. 14, 1918, 40 Stat. 1837. Proc. Nov. 29, 1918, 40 Stat. 1899. -CROSS- CROSS REFERENCES Alien enemies within United States, see section 21 of this title. Beginning of war, see Const. Art. 1, Sec. 8, cl. 11. Commercial intercourse with the enemy, generally, see section 7 of this Appendix. 'Member of former ruling family' defined, see section 31 of this Appendix. 'Unallocated interest fund' defined, see section 28 of this Appendix. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 28 section 2680. ------DocID 56591 Document 1395 of 1400------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE ACT JULY 2, 1940, CH -EXPCITE- TITLE 50 APPENDIX EXPORTATION RESTRICTIONS ON CERTAIN ARTICLES ACT JULY 2, 1940, CH -HEAD- ACT JULY 2, 1940, CH. 508, 54 STAT. 714 ------DocID 56690 Document 1396 of 1400------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE ACT JULY 2, 1940, CH -EXPCITE- TITLE 50 APPENDIX WAR AND DEFENSE CONTRACT ACTS ACT JULY 2, 1940, CH -HEAD- ACT JULY 2, 1940, CH. 508, 54 STAT. 712 ------DocID 56714 Document 1397 of 1400------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE ACT MAY 2, 1941, CH -EXPCITE- TITLE 50 APPENDIX NATIONAL EMERGENCY AND WAR SHIPPING ACTS ACT MAY 2, 1941, CH -HEAD- ACT MAY 2, 1941, CH. 84, 55 STAT. 148 ------DocID 56944 Document 1398 of 1400------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE ACT JULY 2, 1948, CH -EXPCITE- TITLE 50 APPENDIX AMERICAN-JAPANESE EVACUATION CLAIMS ACT JULY 2, 1948, CH -HEAD- ACT JULY 2, 1948, CH. 814, 62 STAT. 1231 -MISC1- Sec. 1981. Attorney General's jurisdiction; uncompensated claims; condition precedent; definitions. 1982. Time limitation on presentation of claims; claims excluded. 1983. Notice; evidence; records. 1984. Compromise of claims by Attorney General, jurisdiction of United States Claims Court to determine claims timely filed; report to Congress; payment of awards; finality of decisions. 1985. Attorney's fees; penalty for overcharging. 1986. Administration. 1987. Authorization of appropriations. ------DocID 56959 Document 1399 of 1400------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 1989b-2 -EXPCITE- TITLE 50 APPENDIX RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND ALE PUB TITLE I -HEAD- Sec. 1989b-2. Consideration of Commission findings by departments and agencies -STATUTE- (a) Review of applications by eligible individuals Each department and agency of the United States Government shall review with liberality, giving full consideration to the findings of the Commission and the statement of the Congress set forth in section 2(a) (section 1989a(a) of this Appendix), any application by an eligible individual for the restitution of any position, status, or entitlement lost in whole or in part because of any discriminatory act of the United States Government against such individual which was based upon the individual's Japanese ancestry and which occurred during the evacuation, relocation, and internment period. (b) No new authority created Subsection (a) does not create any authority to grant restitution described in that subsection, or establish any eligibility to apply for such restitution. -SOURCE- (Pub. L. 100-383, title I, Sec. 103, Aug. 10, 1988, 102 Stat. 905.) ------DocID 56970 Document 1400 of 1400------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 1989c-2 -EXPCITE- TITLE 50 APPENDIX RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND ALE PUB TITLE II -HEAD- Sec. 1989c-2. Aleutian and Pribilof Islands Restitution Fund -STATUTE- (a) Establishment There is established in the Treasury of the United States the Aleutian and Pribilof Islands Restitution Fund, which shall be administered by the Secretary. The Fund shall consist of amounts appropriated to it pursuant to this title (sections 1989c to 1989c-8 of this Appendix). (b) Report The Secretary shall report to the Congress, not later than 60 days after the end of each fiscal year, on the financial condition of the Fund, and the results of operations of the Fund, during the preceding fiscal year and on the expected financial condition and operations of the Fund during the current fiscal year. (c) Investment Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code. (d) Termination The Secretary shall terminate the Fund 3 years after the date of the enactment of this Act (Aug. 10, 1988), or 1 year following disbursement of all payments from the Fund, as authorized by this title (sections 1989c to 1989c-8 of this Appendix), whichever occurs later. On the date the Fund is terminated, all investments of amounts in the Fund shall be liquidated by the Secretary and receipts thereof deposited in the Fund and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury. -SOURCE- (Pub. L. 100-383, title II, Sec. 203, Aug. 10, 1988, 102 Stat. 911.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1989c-1, 1989c-7 of this Appendix. ------End Document Listing------ Thank You For Using I-SEARCH.